Author: Francis Clifford JonesPublisher: AMS Press
ISBN:
Category : Law
Languages : en
Pages : 256
Book Description
Extraterritoriality in Japan and the Diplomatic Relations Resulting in Its Abolition, 1853-1899
Author: Francis Clifford JonesPublisher: AMS Press
ISBN:
Category : Law
Languages : en
Pages : 256
Book Description
Extra-territoriality in Japan
Author: Eli T. SheppardPublisher:
ISBN:
Category : Exterritoriality
Languages : en
Pages : 102
Book Description
Extraterritoriality in East Asia
Author: Ireland-Piper, DaniellePublisher: Edward Elgar Publishing
ISBN: 1788976665
Category : Law
Languages : en
Pages : 168
Book Description
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
The British Courts and Extra-territoriality in Japan, 1859-1899
Author: Christopher RobertsPublisher: Global Oriental
ISBN: 9789004257566
Category : History
Languages : en
Pages : 442
Book Description
In 'The British Courts and extra-territoriality in Japan, 1859-1899', Christopher Roberts reviews the Courts' day-to-day workings and examines the nature of, and fluctuations in, their case-load. By examining the Courts' case-load, it shows that, whilst some complaints that earlier commentators have made about the system's structure and the Consuls' lack of legal training and poor judgments may have been justified initially, the British authorities responded to them so that, over time, the Courts-and the practitioners within the system-came to reflect an increasing professionalism and sophistication. Using both a quantitative and a qualitative analysis of the reported cases, the author concludes that accusations of an anti-Japanese, pro-British bias on the part of the Courts are overstated.
Grounds of Judgment
Author: Par Kristoffer CasselPublisher: OUP USA
ISBN: 0199792054
Category : History
Languages : en
Pages : 273
Book Description
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.Par 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.
The British Courts and Extra-territoriality in Japan, 1859-1899
Author: Christopher Roberts (Lawyer)Publisher: Global Oriental
ISBN: 9789789004256
Category : Consular jurisdiction
Languages : en
Pages : 442
Book Description
In 'The British Courts and extra-territoriality in Japan, 1859-1899', Christopher Roberts reviews the Courts' day-to-day workings and examines the nature of, and fluctuations in, their case-load. By examining the Courts' case-load, it shows that, whilst some complaints that earlier commentators have made about the system's structure and the Consuls' lack of legal training and poor judgments may have been justified initially, the British authorities responded to them so that, over time, the Courts-and the practitioners within the system-came to reflect an increasing professionalism andsophistication. Using both a quantitative and a qualitative analysis of the reported cases, the author concludes that accusations of an anti-Japanese, pro-British bias on the part of the Courts are overstated.
Legal Imperialism
Author: Turan KayaoğluPublisher: Cambridge University Press
ISBN: 0521765919
Category : Law
Languages : en
Pages : 247
Book Description
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.
British Extraterritoriality in Korea 1884 - 1910
Author: Christopher RobertsPublisher: Renaissance Books
ISBN: 9781912961276
Category : Consular jurisdiction
Languages : en
Pages : 288
Book Description
"At the root of Britain's requirement for extraterritorial rights was its need, as a commercial and trading power, for British subjects to be able to trade on a publicly available set of legal rules which were applied consistently and fairly by an indepedent judiciary and to ensure that British subjects in foreign countries were not subject to a capricious or arbitrary criminal law system. As Western powers had expanded into Asia from the seventeenth century onwards, their economic and military power had enabled them to impose their demands for extraterritoriality upon Asian countries in a form of legal imperialsim. So, when they came to Korea at the end of the nineteenth century, they simply continued in this fashion--as had Japan in 1876 when, as part of its march to achieve parity of status with the Western powers, it had insisted upon extraterritoriality for itself and its subjects in Korea"--Page xxv of Preface.
Extraterritoriality in East Asia
Author: Danielle Ireland-PiperPublisher: Edward Elgar Publishing
ISBN: 9781788976657
Category :
Languages : en
Pages : 224
Book Description
Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.
Author: Hideomi Mori