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Author: Ireland-Piper, Danielle Publisher: 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.
Author: Ireland-Piper, Danielle Publisher: 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.
Author: Danielle Ireland-Piper Publisher: 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: Pär Kristoffer Cassel Publisher: Oxford University Press ISBN: 0199924287 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. Pär 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.
Author: John Carter Vincent Publisher: Harvard University Press ISBN: Category : History Languages : en Pages : 160
Book Description
By detailing the extent of foreign domination and privilege in China in the period between the first and second world wars, when the 'unequal treaty' system of the nineteenth century persisted in the face of burgeoning Chinese nationalism, John Carter Vincent helps us to understand the sources of Chinese Communist resentment and conduct.
Author: Christoph Antons Publisher: Routledge ISBN: 1135795851 Category : Law Languages : en Pages : 401
Book Description
During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.
Author: Zou Keyuan Publisher: Routledge ISBN: 1351562304 Category : History Languages : en Pages : 450
Book Description
As the worlds political and economic landscape changes in response to the rise of Asian countries such as China, so Asian influences on the global legal order will become more pronounced. Many countries in the region, such as Japan and South Korea, influence the development of international law in various ways, either individually or collectively through multinational organisations such as ASEAN. This collection of published work by leading East Asian scholars covers Asian perspectives concerning various issues in international law, ranging from general perspectives to particular themes such as international economic law, international human rights law, international ocean law, international criminal law, international security law and international dispute settlement. For the first time it provides a comprehensive picture of how and why East Asian countries participate in international law making, as well as comply with international law in their state practices. In so doing, the editors attempt to address the question whether the rising powers in East Asia will change the existing international legal order in future.
Author: Christopher Roberts Publisher: ISBN: 9781912961283 Category : Electronic books Languages : en Pages :
Book Description
Filling an important gap in extraterritoriality studies and in the history of Anglo-Korean relations, this benchmark study examines Britain's exercise of extraterritorial rights in Korea from 1884 until Korea's formal annexation by Japan in 1910.
Author: John Carter Vincent Publisher: BRILL ISBN: 168417161X Category : History Languages : en Pages : 135
Book Description
By detailing the extent of foreign domination and privilege in China in the period between the first and second world wars, when the 'unequal treaty' system of the nineteenth century persisted in the face of burgeoning Chinese nationalism, John Carter Vincent helps us to understand the sources of Chinese Communist resentment and conduct.
Author: Turan Kayaoğlu Publisher: 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.
Author: Ireland-Piper, Danielle
Author: Ireland-Piper, Danielle
Author: Danielle Ireland-Piper
Author: Pär Kristoffer Cassel
Author: Pär Kristoffer Cassel
Author: John Carter Vincent
Author: Christoph Antons
Author: Zou Keyuan
Author: Christopher Roberts
Author: John Carter Vincent
Author: Turan Kayaoğlu