China's Unequal Treaties

China's Unequal Treaties
Author: Dong Wang
Publisher: Lexington Books
Total Pages: 200
Release: 2005
Genre: History
ISBN: 9780739112083

This study, based on primary sources, deals with the linguistic development and polemical uses of the expression Unequal Treaties, which refers to the treaties China signed between 1842 and 1946. Although this expression has occupied a central position in both Chinese collective memory and Chinese and English historiographies, this is the first book to offer an in-depth examination of China's encounters with the outside world as manifested in the rhetoric surrounding the Unequal Treaties. Author Dong Wang argues that competing forces within China have narrated and renarrated the history of the treaties in an effort to consolidate national unity, international independence, and political legitimacy and authority. In the twentieth century, she shows, China's experience with these treaties helped to determine their use of international law. Of great relevance for students of contemporary China and Chinese history, as well as Chinese international law and politics, this book illuminates how various Chinese political actors have defined and redefined the past using the framework of the Unequal Treaties.

Essay on Unequal Treaties and Modernity Through The Example of Bilateral Investment Treaties

Essay on Unequal Treaties and Modernity Through The Example of Bilateral Investment Treaties
Author: Nitish Monebhurrun
Publisher:
Total Pages: 16
Release: 2015
Genre:
ISBN:

Unequal treaties and its theory have long been inhumed by the evolution of modern international law and reciprocity has become the principle in the quest of balancing rights and obligations of States party to a bilateral agreement. Despite this accepted configuration, a particular type of now expanding agreement - the bilateral investment treaty -, has sometimes been criticised in reason of the disequilibrium which mark its substance. Some of these agreements may, at first sight, raise the equality conundrum; others have been denounced for similar reasons. By excavating the buried and perhaps forgotten theory of unequal treaties, this article explains the normality of the disequilibrium and inequality characterising some international agreements and legal practices, and does this through the lenses of bilateral investment treaties used as an illustration.

Studies in International Law and History

Studies in International Law and History
Author: R.P. Anand
Publisher: BRILL
Total Pages: 301
Release: 2021-10-25
Genre: Law
ISBN: 9004480285

Although modern international law is now recognized as universally applicable to all the states as soon as they emerge as independent entities (whether members of the United Nations or not, they are accepted as members of the ever-expanding international society, and are bound by its rules and seek its protection), this is only a recent phenomenon not older than the United Nations itself. Before the Second World War, modern international law was supposed to be merely a law of and for the civilized Western European Christian states, or states of European origin, and applicable only between them. Not only Asian and African states which had come to be colonized, but also the position of independent states, such as Persia, Siam, China, Abyssinia, and the like, was said to be anomalous. Since they belonged to different civilizations, questions were raised as to how far relations with their governments could be based on the rules of international law. If that is the case, when did European international law become universally binding? Can states, which did not, and could not, participate in its origin and development question some of its rules, which are inimical to their interests? How can and does this law change, or be modified, in the absence of any supra-national legislature or other authority? What has been the attitude and practice of these newly independent Asian and African states towards international law, which was largely developed by and for the benefit of the rich and industrialized states of Western Europe and the United States, and even more importantly, their role in its development? The author, an Asian scholar and well-known Professor of International Law, trained and educated in the West, has sought to deal with these and other questions in the nine papers contained in this book.

The Future of the International Legal Order, Volume 1

The Future of the International Legal Order, Volume 1
Author: Cyril E. Black
Publisher: Princeton University Press
Total Pages: 636
Release: 2015-12-08
Genre: Law
ISBN: 140087470X

This is the first volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. Sponsored by Princeton University with support from the Ford Foundation, the project seeks to stimulate research and provide an intellectual focus for the elucidation of the constructive role law can play in maintaining peace and improving welfare and dignity in the world. The contributors have been urged to engage in their respective areas of expertise in non-utopian forecasting that will enable law to contribute more creatively, by anticipating the range of feasible responses, to the solution of emerging problems in the international environment. Originally published in 1969. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.