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Legal Imperialism

Author: Turan Kayaoğlu
Publisher: Cambridge University Press
ISBN: 0521765919
Size: 30.29 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.

Legal Orientalism

Author: Teemu Ruskola
Publisher: Harvard University Press
ISBN: 0674075781
Size: 16.27 MB
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After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.

Life In Treaty Port China And Japan

Author: Donna Brunero
Publisher: Springer
ISBN: 9811073686
Size: 80.81 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.

Japan On The Silk Road

Author:
Publisher: BRILL
ISBN: 9004274316
Size: 15.21 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.

Quest For Power

Author: Stephen R. Halsey
Publisher: Harvard University Press
ISBN: 0674915062
Size: 49.91 MB
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China’s late-imperial history has been framed as a long coda of decline, played out during the Qing dynasty. Reappraising this narrative, Stephen Halsey traces the origins of China’s current great-power status to this so-called decadent era, when threats of war with European and Japanese empirestriggered innovative state-building and statecraft.

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

Author: Kerstin von Lingen
Publisher: Springer
ISBN: 3319429876
Size: 63.95 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?

After Defeat

Author: Ayse Zarakol
Publisher: Cambridge University Press
ISBN: 1139494058
Size: 43.82 MB
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Not being of the West; being behind the West; not being modern enough; not being developed or industrialized, secular, civilized, Christian, transparent, or democratic - these descriptions have all served to stigmatize certain states through history. Drawing on constructivism as well as the insights of social theorists and philosophers, After Defeat demonstrates that stigmatization in international relations can lead to a sense of national shame, as well as auto-Orientalism and inferior status. Ayşe Zarakol argues that stigmatized states become extra-sensitive to concerns about status, and shape their foreign policy accordingly. The theoretical argument is supported by a detailed historical overview of central examples of the established/outsider dichotomy throughout the evolution of the modern states system, and in-depth studies of Turkey after the First World War, Japan after the Second World War, and Russia after the Cold War.

Grounds Of Judgment

Author: P?r Kristoffer Cassel
Publisher: Oxford University Press
ISBN: 0199924287
Size: 58.58 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: 58.76 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.

Empire Of Difference

Author: Karen Barkey
Publisher: Cambridge University Press
ISBN: 9781139472883
Size: 53.54 MB
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This book is a comparative study of imperial organization and longevity that assesses Ottoman successes as well as failures against those of other empires with similar characteristics. Barkey examines the Ottoman Empire's social organization and mechanisms of rule at key moments of its history, emergence, imperial institutionalization, remodeling, and transition to nation-state, revealing how the empire managed these moments, adapted, and averted crises and what changes made it transform dramatically. The flexible techniques by which the Ottomans maintained their legitimacy, the cooperation of their diverse elites both at the center and in the provinces, as well as their control over economic and human resources were responsible for the longevity of this particular 'negotiated empire'. Her analysis illuminates topics that include imperial governance, imperial institutions, imperial diversity and multiculturalism, the manner in which dissent is handled and/or internalized, and the nature of state society negotiations.