Sovereign Power and the Law in China

Sovereign Power and the Law in China

Author: Flora Sapio

Publisher: BRILL

Published: 2010

Total Pages: 380

ISBN-13: 9004182454

DOWNLOAD EBOOK

This volume analyses under-researched institutions and practices in China's criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order.


China, State Sovereignty and International Legal Order

China, State Sovereignty and International Legal Order

Author: Phil C.W. Chan

Publisher: Hotei Publishing

Published: 2015-05-19

Total Pages: 367

ISBN-13: 9004288376

DOWNLOAD EBOOK

China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.


Sovereignty in China

Sovereignty in China

Author: Maria Adele Carrai

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 301

ISBN-13: 1108474195

DOWNLOAD EBOOK

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.


Sovereignty in China's Perspective

Sovereignty in China's Perspective

Author: Yonghong Yang

Publisher: Schriften zum internationalen und zum öffentlichen Recht

Published: 2017

Total Pages: 0

ISBN-13: 9783631719282

DOWNLOAD EBOOK

The concept of sovereignty -- Sovereignty in ancient China -- The emergence of modern sovereignty in the Late Qing Dynasty -- Nationalism in China -- Sovereignty and human rights in China -- China's contemporary perspective of sovereignty.


Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Author: Niels M. Blokker

Publisher: BRILL

Published: 2021-07-19

Total Pages: 494

ISBN-13: 9004459898

DOWNLOAD EBOOK

This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.


Legal Imperialism

Legal Imperialism

Author: Turan Kayaoğlu

Publisher: Cambridge University Press

Published: 2010-04-19

Total Pages: 247

ISBN-13: 0521765919

DOWNLOAD EBOOK

Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.


The Rise and Fall of Imperial China

The Rise and Fall of Imperial China

Author: Yuhua Wang

Publisher: Princeton University Press

Published: 2022-10-11

Total Pages: 352

ISBN-13: 0691237514

DOWNLOAD EBOOK

How social networks shaped the imperial Chinese state China was the world’s leading superpower for almost two millennia, falling behind only in the last two centuries and now rising to dominance again. What factors led to imperial China’s decline? The Rise and Fall of Imperial China offers a systematic look at the Chinese state from the seventh century through to the twentieth. Focusing on how short-lived emperors often ruled a strong state while long-lasting emperors governed a weak one, Yuhua Wang shows why lessons from China’s history can help us better understand state building. Wang argues that Chinese rulers faced a fundamental trade-off that he calls the sovereign’s dilemma: a coherent elite that could collectively strengthen the state could also overthrow the ruler. This dilemma emerged because strengthening state capacity and keeping rulers in power for longer required different social networks in which central elites were embedded. Wang examines how these social networks shaped the Chinese state, and vice versa, and he looks at how the ruler’s pursuit of power by fragmenting the elites became the final culprit for China’s fall. Drawing on more than a thousand years of Chinese history, The Rise and Fall of Imperial China highlights the role of elite social relations in influencing the trajectories of state development.


China/Taiwan

China/Taiwan

Author: Shirley A. Kan

Publisher: DIANE Publishing

Published: 2011

Total Pages: 86

ISBN-13: 1437988083

DOWNLOAD EBOOK

Despite apparently consistent statements in 4 decades, the U.S. ¿one China¿ policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the ¿one China¿ policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. Contents of this report: (1) U.S. Policy on ¿One China¿: Has U.S. Policy Changed?; Overview of Policy Issues; (2) Highlights of Key Statements by Washington, Beijing, and Taipei: Statements During the Admin. of Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George W. Bush, Clinton, and Obama. A print on demand report.


Sovereignty in Post-Sovereign Society

Sovereignty in Post-Sovereign Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-03-09

Total Pages: 284

ISBN-13: 1317052080

DOWNLOAD EBOOK

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.


Human Rights in China

Human Rights in China

Author: Eva Pils

Publisher: John Wiley & Sons

Published: 2017-11-10

Total Pages: 256

ISBN-13: 1509500731

DOWNLOAD EBOOK

How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.