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International Law And Japanese Sovereignty

Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Size: 36.13 MB
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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.

Sovereign Rights And Territorial Space In Sino Japanese Relations

Author: Unryu Suganuma
Publisher: University of Hawaii Press
ISBN: 9780824824938
Size: 24.26 MB
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"This volume contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions."--BOOK JACKET.

Claims To Territory Between Japan And Korea In International Law

Author: Pilkyu Kim, PhD
Publisher: Xlibris Corporation
ISBN: 1493182161
Size: 24.67 MB
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The period following World War II has witnessed numerous international territorial disputes, particularly in Asia and Africa. Even as we enter the twenty-first century, a large number of these territorial disputes over sovereignty remain unresolved and continue to pose significant diplomatic barriers for the parties involved. Clive Schofield, the author of Global Boundaries, identified10 disputed island “hot spots” around the globe, including the Falkland Islands, Dokdo (Takeshima), Diaoyu (Senkaku), and the Kurile and Spratly Islands, among others. Turning our attention to Northeast Asia, one territorial dispute of historic significance concerns a set of small rocky islets known as Dokdo in Korean or Takeshima in Japanese. Upon closer examination, these small islets represent more than just a dispute over territorial boundaries, but a historic source of tension and sensitivity that can be traced back to the period of Japanese imperialist aggression in Korea during the first half of the twentieth century. Today, this controversial territorial dispute remains as a critical obstacle to the amicable relations between Korea and Japan. Much of the problem appears to stem from the inability of both countries to reach a consensus on two interconnected issues: historical misperceptions and divergent legal interpretations over territorial claims to sovereignty. Bearing these two issues in mind, this book seeks to offer a fresh examination of the major historical and legal arguments at both sides of the Dokdo conflict from the perspective of international law. Through this approach, it is hoped this book will not only contribute to a better understanding of the facts and truth behind the Dokdo dispute, but also generate further discussion on how Korea and Japan might advance a productive dialog to achieve a meaningful resolution to this longstanding problem.

The One China Policy State Sovereignty And Taiwan S International Legal Status

Author: Frank Chiang
Publisher: Elsevier
ISBN: 0081023154
Size: 66.41 MB
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The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. Responds to a key international issue of our time Takes a legal perspective on Taiwan and the One-China policy Considers the definition of a nation State from first principles, also offering new definitions Applies international law on territory to draw conclusions on Taiwan and its relation to the People’s Republic of China Systematically critiques the role of the UN and other global actors in relation to Taiwan

Mestizo International Law

Author: Arnulf Becker Lorca
Publisher: Cambridge University Press
ISBN: 1316194051
Size: 20.63 MB
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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.

Japanstudien Band 15 2003

Author: Deutsches Institut für Japanstudien
Publisher: IUDICIUM Verlag
ISBN: 389129378X
Size: 54.88 MB
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Mit dem Schwerpunktthema von Band 15 der Japanstudien – "Mißverständnisse in der Begegnung mit Japan" – wird die Intention verfolgt, Entstehen, Bewältigung und Konsequenzen von Mißverständnissen zu analysieren. Ausgangspunkt ist die Vermutung, daß sowohl in der Begegnung des Auslands mit Japan als auch innerhalb Japans unterschiedliche Formen des Wahrnehmens, Denkens, Fühlens, Handelns und Reagierens der beteiligten Menschen aufeinandertreffen können und daß in dieser Begegnung die Kultur einen prägenden Einfluß auf die Werte und Einstellungen, das Denken und Handeln der Beteiligten ausübt. "Kultur" wird hierbei nicht als präzises Konzept verstanden und eingesetzt, vielmehr wird bewußt Raum gelassen, damit die Autorinnen und Autoren je nach Ausrichtung unterschiedliche Prioritäten setzen können – und daß sie dies auch getan haben, spiegelt sich in den Beiträgen dieser Japanstudien wider.

Japan S Colonization Of Korea

Author: Alexis Dudden
Publisher: University of Hawaii Press
ISBN: 082483139X
Size: 30.59 MB
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From its creation in the early twentieth century, policymakers used the discourse of international law to legitimate Japan s empire. Although the Japanese state aggrandizers reliance on this discourse did not create the imperial nation Japan would become, their fluent use of its terms inscribed Japan s claims as legal practice within Japan and abroad. Focusing on Japan s annexation of Korea in 1910, Alexis Dudden gives long-needed attention to the intellectual history of the empire and brings to light presumptions of the twentieth century s so-called international system by describing its most powerful and most often overlooked member s engagement with that system. Early chapters describe the global atmosphere that declared Japan the legal ruler of Korea and frame the significance of the discourse of early twentieth-century international law and how its terms became Japanese. Dudden then brings together these discussions in her analysis of how Meiji leaders embedded this discourse into legal precedent for Japan, particularly in its relations with Korea. Remaining chapters explore the limits of these universal ideas and consider how the international arena measured Japan s use of its terms. Dudden squares her examination of the legality of Japan s imperialist designs by discussing the place of colonial policy studies in Japan at the time, demonstrating how this new discipline further created a common sense that Japan s empire accorded to knowledgeable practice. This landmark study greatly enhances our understanding of the intellectual underpinnings of Japan s imperial aspirations. In this carefully researched and cogently argued work, Dudden makes clear that, even before Japan annexed Korea, it had embarked on a legal and often legislating mission to make its colonization legitimate in the eyes of the world.

The Oxford Handbook Of The History Of International Law

Author: Bardo Fassbender
Publisher: OUP Oxford
ISBN: 019163252X
Size: 14.77 MB
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The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.