China's Unequal Treaties

China's Unequal Treaties

Author: Dong Wang

Publisher: Lexington Books

Published: 2005

Total Pages: 200

ISBN-13: 9780739112083

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This study, based on primary sources, deals with the linguistic development and polemical uses of the expression Unequal Treaties, which refers to the treaties China signed between 1842 and 1946. Although this expression has occupied a central position in both Chinese collective memory and Chinese and English historiographies, this is the first book to offer an in-depth examination of China's encounters with the outside world as manifested in the rhetoric surrounding the Unequal Treaties. Author Dong Wang argues that competing forces within China have narrated and renarrated the history of the treaties in an effort to consolidate national unity, international independence, and political legitimacy and authority. In the twentieth century, she shows, China's experience with these treaties helped to determine their use of international law. Of great relevance for students of contemporary China and Chinese history, as well as Chinese international law and politics, this book illuminates how various Chinese political actors have defined and redefined the past using the framework of the Unequal Treaties.


Mestizo International Law

Mestizo International Law

Author: Arnulf Becker Lorca

Publisher: Cambridge University Press

Published: 2015-01-01

Total Pages: 421

ISBN-13: 1316194051

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The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.


Treaty Ports in Modern China

Treaty Ports in Modern China

Author: Robert Bickers

Publisher: Routledge

Published: 2016-05-20

Total Pages: 277

ISBN-13: 1317266285

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This book presents a wide range of new research on the Chinese treaty ports – the key strategic places on China’s coast where in the late nineteenth and twentieth centuries various foreign powers controlled, through "unequal treaties", whole cities or parts of cities, outside the jurisdiction of the Chinese authorities. Topics covered include land and how it was acquired, the flow of people, good and information, specific individuals and families who typify life in the treaty ports, and technical advances, exploration, and innovation in government.


International Law and Japanese Sovereignty

International Law and Japanese Sovereignty

Author: Douglas Howland

Publisher: Springer

Published: 2016-11-15

Total Pages: 239

ISBN-13: 1137567775

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How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.


The Thin Justice of International Law

The Thin Justice of International Law

Author: Steven R. Ratner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 497

ISBN-13: 0198704046

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Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.


The Oxford Handbook of the Theory of International Law

The Oxford Handbook of the Theory of International Law

Author: Anne Orford

Publisher: Oxford University Press

Published: 2016-05-26

Total Pages: 1089

ISBN-13: 019100555X

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The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.


Negotiating with Imperialism

Negotiating with Imperialism

Author: Michael R. Auslin

Publisher: Harvard University Press

Published: 2009-07

Total Pages: 278

ISBN-13: 9780674020313

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Japan's modern international history began in 1858 with the signing of the "unequal" commercial treaty with the United States. Over the next fifteen years, Japanese diplomacy was reshaped to respond to the Western imperialist challenge. Negotiating with Imperialism is the first book to explain the emergence of modern Japan through this early period of treaty relations. Michael Auslin dispels the myth that the Tokugawa bakufu was diplomatically incompetent. Refusing to surrender to the West's power, bakufu diplomats employed negotiation as a weapon to defend Japan's interests. Tracing various visions of Japan's international identity, Auslin examines the evolution of the culture of Japanese diplomacy. Further, he demonstrates the limits of nineteenth-century imperialist power by examining the responses of British, French, and American diplomats. After replacing the Tokugawa in 1868, Meiji leaders initially utilized bakufu tactics. However, their 1872 failure to revise the treaties led them to focus on domestic reform as a way of maintaining independence and gaining equality with the West. In a compelling analysis of the interplay among assassinations, Western bombardment of Japanese cities, fertile cultural exchange, and intellectual discovery, Auslin offers a persuasive reading of the birth of modern Japan and its struggle to determine its future relations with the world.


Modern Treaty Law and Practice

Modern Treaty Law and Practice

Author: Anthony Aust

Publisher: Cambridge University Press

Published: 2007-10-18

Total Pages: 611

ISBN-13: 1139467840

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On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.


Sovereignty in China

Sovereignty in China

Author: Maria Adele Carrai

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 301

ISBN-13: 1108474195

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This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.