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Legal Imperialism

Author: Turan Kayaoğlu
Publisher: Cambridge University Press
ISBN: 0521765919
Size: 80.87 MB
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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.

Life In Treaty Port China And Japan

Author: Donna Brunero
Publisher: Springer
ISBN: 9811073686
Size: 34.43 MB
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This edited volume moves beyond the traditional examination of the treaty ports of China and Japan as places of cultural interaction. It moves ‘beyond the Bund’, presenting instead the history of material culture, the everyday life of the residents of the treaty ports beyond the symbology of Shanghai's waterfront. Bringing for the first time together scholars of China and Japan, museum curators, legal, economic and architectural historians, it studies the treaty ports not only as sites of cultural exchange, but also as sites of social contestation, accommodation and mobility, covering topics as varied as day to day life itself, such as family, property and law, health and welfare, travel, visual culture and memory. The call of this volume is to peel the multiple layers of the encounter between East and West in the treaty ports of China and Japan.

Ottomans Imagining Japan

Author: R. Worringer
Publisher: Springer
ISBN: 1137384603
Size: 25.92 MB
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Today's "clash of civilizations" between the Islamic world and the West are in many ways rooted in 19th-century resistance to Western hegemony. This compellingly argued and carefully researched transnational study details the ways in which Japan served as a model for Ottomans in attaining "non-Western" modernity in a Western-dominated global order.

International Law And Japanese Sovereignty

Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Size: 71.61 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.

Japan On The Silk Road

Author:
Publisher: BRILL
ISBN: 9004274316
Size: 51.66 MB
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Japan on the Silk Road provides the historical background indispensable for understanding today’s Japan perspectives and policies in the vast area of Eurasia. For the first time it brings a detailed account of the history of Japanese activities along the Eurasian landmass across the Middle East and Central Asia in modern history.

War Crimes Trials In The Wake Of Decolonization And Cold War In Asia 1945 1956

Author: Kerstin von Lingen
Publisher: Springer
ISBN: 3319429876
Size: 64.61 MB
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This book investigates the political context and intentions behind the trialling of Japanese war criminals in the wake of World War Two. After the Second World War in Asia, the victorious Allies placed around 5,700 Japanese on trial for war crimes. Ostensibly crafted to bring perpetrators to justice, the trials intersected in complex ways with the great issues of the day. They were meant to finish off the business of World War Two and to consolidate United States hegemony over Japan in the Pacific, but they lost impetus as Japan morphed into an ally of the West in the Cold War. Embattled colonial powers used the trials to bolster their authority against nationalist revolutionaries, but they found the principles of international humanitarian law were sharply at odds with the inequalities embodied in colonialism. Within nationalist movements, local enmities often overshadowed the reckoning with Japan. And hovering over the trials was the critical question: just what was justice for the Japanese in a world where all sides had committed atrocities?

Empire In Asia A New Global History

Author: Brian P. Farrell
Publisher: Bloomsbury Publishing
ISBN: 1472596064
Size: 64.29 MB
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Asia was the principle focus of empire-builders from Alexander and Akbar to Chinggis Khan and Qianlong and yet, until now, there has been no attempt to provide a comprehensive history of empire in the region. Empire in Asia addresses the need for a thorough survey of the topic. This volume covers the long 19th century, commonly seen in terms of 'high imperialism' and the global projection of Western power. This volume explores the dynamic, volatile and often contested processes by which, by the early years of the 20th century, Asian states, space and peoples became deeply integrated into the wider dynamics of global reordering. Drawing on case studies from across Asia, the contributors discuss key themes including ideology, concepts of identity, religion and politics, state building and state formation, the relationships between space, people, and sovereignty, the movements of goods, money, people and ideas, and the influence and impact of conflict and military power. The two volumes of Empire in Asia offer a significant contribution to the theory and practice of empire when considered globally and comparatively and are essential reading for all students and scholars of global, imperial and Asian history.

Empire In Asia A New Global History

Author: Jack Fairey
Publisher: Bloomsbury Publishing
ISBN: 1472591224
Size: 43.75 MB
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Asia was the principle focus of empire-builders from Alexander and Akbar to Chinggis Khan and Qianlong and yet, until now, there has been no attempt to provide a comprehensive history of empire in the region. Empire in Asia addresses the need for a thorough survey of the topic. This volume traces the evolution of a constellation of competing empires in Asia from the 13th through to the 18th centuries. Separate chapters will describe the history and characteristic features of imperial regimes in each major sub-region of Asia, from the Ottomans and Safavids in the West, Romanovs in the North, Mughals in the South, the Mongols & their successors in Inner Asia, to the Ming and Qing Dynasties in the East. The contributors address common questions in considering the various empires, including: - How did imperial Asian states understand themselves and their place in the world? - How were these empires constructed and how did they attain such prominence? - To what extent did imperial repertoires of rule differ? The two volumes of Empire in Asia offer a significant contribution to the theory and practice of empire when considered globally and comparatively and are essential reading for all students and scholars of global, imperial and Asian history.

Grounds Of Judgment

Author: P?r Kristoffer Cassel
Publisher: Oxford University Press
ISBN: 0199924287
Size: 34.24 MB
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Perhaps more than anywhere else in the world, the nineteenth century encounter between East Asia and the Western world has been narrated as a legal encounter. Commercial treaties--negotiated by diplomats and focused on trade--framed the relationships among Tokugawa-Meiji Japan, Qing China, Choson Korea, and Western countries including Britain, France, and the United States. These treaties created a new legal order, very different than the colonial relationships that the West forged with other parts of the globe, which developed in dialogue with local precedents, local understandings of power, and local institutions. They established the rules by which foreign sojourners worked in East Asia, granting them near complete immunity from local laws and jurisdiction. The laws of extraterritoriality looked similar on paper but had very different trajectories in different East Asian countries. P?r Cassel's first book explores extraterritoriality and the ways in which Western power operated in Japan and China from the 1820s to the 1920s. In Japan, the treaties established in the 1850s were abolished after drastic regime change a decade later and replaced by European-style reciprocal agreements by the turn of the century. In China, extraterritoriality stood for a hundred years, with treaties governing nearly one hundred treaty ports, extensive Christian missionary activity, foreign controlled railroads and mines, and other foreign interests, and of such complexity that even international lawyers couldn't easily interpret them. Extraterritoriality provided the springboard for foreign domination and has left Asia with a legacy of suspicion towards international law and organizations. The issue of unequal treaties has had a lasting effect on relations between East Asia and the West. Drawing on primary sources in Chinese, Japanese, Manchu, and several European languages, Cassel has written the first book to deal with exterritoriality in Sino-Japanese relations before 1895 and the triangular relationship between China, Japan, and the West. Grounds of Judgment is a groundbreaking history of Asian engagement with the outside world and within the region, with broader applications to understanding international history, law, and politics.

Paradoxes Of Peace In Nineteenth Century Europe

Author: Thomas Hippler
Publisher: OUP Oxford
ISBN: 0191043877
Size: 75.65 MB
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'Peace' is often simplistically assumed to be war's opposite, and as such is not examined closely or critically idealized in the literature of peace studies, its crucial role in the justification of war is often overlooked. Starting from a critical view that the value of 'restoring peace' or 'keeping peace' is, and has been, regularly used as a pretext for military intervention, this book traces the conceptual history of peace in nineteenth century legal and political practice. It explores the role of the value of peace in shaping the public rhetoric and legitimizing action in general international relations, international law, international trade, colonialism, and armed conflict. Departing from the assumption that there is no peace as such, nor can there be, it examines the contradictory visions of peace that arise from conflict. These conflicting and antagonistic visions of peace are each linked to a set of motivations and interests as well as to a certain vision of legitimacy within the international realm. Each of them inevitably conveys the image of a specific enemy that has to be crushed in order to peace being installed. This book highlights the contradictions and paradoxes in nineteenth century discourses and practices of peace, particularly in Europe.