The British Courts and Extra-territoriality in Japan, 1859-1899

The British Courts and Extra-territoriality in Japan, 1859-1899
Author: Christopher Roberts
Publisher: Global Oriental
Total Pages: 442
Release: 2014
Genre: History
ISBN: 9789004257566

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.

Extraterritoriality in East Asia

Extraterritoriality in East Asia
Author: Ireland-Piper, Danielle
Publisher: Edward Elgar Publishing
Total Pages: 168
Release: 2021-07-31
Genre: Law
ISBN: 1788976665

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.

Legal Imperialism

Legal Imperialism
Author: Turan Kayaoğlu
Publisher: Cambridge University Press
Total Pages: 247
Release: 2010-04-19
Genre: Law
ISBN: 0521765919

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.

Grounds of Judgment

Grounds of Judgment
Author: Par Kristoffer Cassel
Publisher: OUP USA
Total Pages: 273
Release: 2012-01-11
Genre: History
ISBN: 0199792054

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.

International Law and Japanese Sovereignty

International Law and Japanese Sovereignty
Author: Douglas Howland
Publisher: Springer
Total Pages: 239
Release: 2016-11-15
Genre: Political Science
ISBN: 1137567775

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.

British Extraterritoriality in Korea 1884-1910

British Extraterritoriality in Korea 1884-1910
Author: Christopher Roberts
Publisher:
Total Pages:
Release: 2021
Genre: Electronic books
ISBN: 9781912961283

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.

Extraterritoriality of EU Economic Law

Extraterritoriality of EU Economic Law
Author: Nuno Cunha Rodrigues
Publisher: Springer Nature
Total Pages: 379
Release: 2021-10-28
Genre: Law
ISBN: 3030822915

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.

Jurisdiction in International Law

Jurisdiction in International Law
Author: Cedric Ryngaert
Publisher:
Total Pages: 273
Release: 2015
Genre: Law
ISBN: 0199688516

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

Japan on the Silk Road

Japan on the Silk Road
Author:
Publisher: BRILL
Total Pages: 389
Release: 2017-10-23
Genre: Social Science
ISBN: 9004274316

Japan on the Silk Road provides for the first time the historical background indispensable for understanding Japan's current perspectives and policies in the vast area of Eurasia across the Middle East and Central Asia. Japanese diplomats, military officers, archaeologists, and linguists traversed the Silk Road, involving Japan in the Great Game and exploring ancient civilizations.The book exposes the entanglements of pre-war Japanese Pan-Asianism with Pan-Islamism, Turkic nationalism and Mongolian independence as a global history of imperialism. Japanese connections to Ottoman Turkey, India, Egypt, Iran, Afghanistan, and China at the same time reveal a discrete global narrative of cosmopolitanism and transnationality. The global team of scholars brings to light Japan’s intellectual and political encounters with the peoples and cultures of Asia, in particular Turks and Persians, Hindus and Muslims of India, Mongolians and the Uyghur of Inner Asia, and Muslims in China. Contributors include: Ian Nish, Christopher Szpilman, Sven Saaler, Selcuk Esenbel, Li Narangoa, Komatsu Hisao, Brij Tankha, Erdal Küçükyalcın, A. Merthan Dündar, Katayama Akio, Miyuki Aoki Girardelli, Klaus Röhborn, Mehmet Ölmez, Banu Kaygusuz, Oğuz Baykara, and Satō Masako.

A History of Russo-Japanese Relations

A History of Russo-Japanese Relations
Author:
Publisher: BRILL
Total Pages: 659
Release: 2019-06-07
Genre: History
ISBN: 9004400850

This publication is the result of a three-year research project between eminent Russian and Japanese historians. It offers an an in-depth analysis of the history of relations between Russia and Japan from the 18th century until the present day. The format of the publication as a parallel history presents views and interpretations from Russian and Japanese perspectives that showcase the differences and the similarities in their joint history. The fourteen core sections, organized along chronological lines, provide assessments on the complex and sensitive issues of bilateral Russo-Japanese relations, including the territory problem as well as economic exchange.