International Law And Japanese Sovereignty

Author : Douglas Howland
Publisher : Springer
Page : 232 pages
File Size : 45,7 Mb
Release : 2016-11-15
Category : Political Science
ISBN : 9781137567772

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International Law and Japanese Sovereignty by Douglas Howland Pdf

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.

Author : Giorgio Fabio Colombo
Publisher : Taylor & Francis
Page : 138 pages
File Size : 46,9 Mb
Release : 2023-02-10
Category : History
ISBN : 9781000834765

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Justice and International Law in Meiji Japan by Giorgio Fabio Colombo Pdf

This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.

Author : Sohail H. Hashmi
Publisher : Penn State Press
Page : 228 pages
File Size : 41,7 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 0271041161

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State Sovereignty by Sohail H. Hashmi Pdf

Seven essays grapple with some of the paradoxes of national sovereignty in today's world, examining such dimensions as pan-Islamism, new approaches to international human rights, ethnic conflict, lessons from Yugoslavia, and Japan and the tropical forests of southeast Asia. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR

Author : Unryu Suganuma
Publisher : University of Hawaii Press
Page : 322 pages
File Size : 49,6 Mb
Release : 2001-03-01
Category : Political Science
ISBN : 0824824938

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Sovereign Rights and Territorial Space in Sino-Japanese Relations by Unryu Suganuma Pdf

In September 1996, members of the right-wing Japan Youth Federation repaired a lighthouse on one of the Diaoyu (J. Senkaku) Islands, a small group of uninhabited islets north of Taiwan in the Liuqiu (J. Ryukyu) chain, known today as Okinawa. For months, outraged ethnic Chinese in Hong Kong and Taiwan protested Japan’s presence in the islands, and violent confrontations between protesters and the Japanese Marine Self-Defense Force resulted. Tension over these incidents has subsided since 1996, but the sovereignty of the islands remains a concern for both China and Japan. The long and complex history of relations between the two countries has made the problem difficult to resolve. This volatile situation has been further complicated by the involvement of other countries, including the U.S. Although the Diaoyu/Senkaku matter may be characterized as a simple territorial dispute between two nations, it exposes complicated geopolitical relations among Japan, China, Taiwan, and the U.S. in the Asia-Pacific region. Sovereign Rights and Territorial Space in Sino-Japanese Relations is an investigation of the highly topical issues involved in the Diaoyu/Senkaku confrontation. It begins by addressing the issue of the historical development of the dispute: To whom do the islands belong? When did China and Japan become involved? Does historical evidence prove who has sovereignty over the islands? How has irredentism (the claim to territory based on one or another historical “right”) become a major state policy in both countries? Other issues center on Chinese views of sovereignty and methods of delimiting territorial boundaries during the Ming and Qing periods, the Chinese concept of hegemony, and the history behind the deep mistrust that permeates Sino-Japanese relations. Finally, the author discloses the interwoven relationship between geography and history in East Asia. Chinese and Japanese geographers have for centuries been engaged in historical analyses of the islands. Their work, which has been used in the development of national security and diplomatic policies, is an important resource and one that this book makes available to Western scholars for the first time. In addition to his careful examination of these and other sources, Suganuma utilizes theoretical writings on geographical irredentism to expose the biases of recent work on the Diaoyu/Senkaku dispute. This volume is the fullest scholarly treatment that the contested issue of the Diaoyu/Senkaku Islands has received to date in any language. It contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions. No one who reads it will look at sovereignty in the same way again.

Author : Nisuke Andō
Publisher : Martinus Nijhoff Publishers
Page : 448 pages
File Size : 41,8 Mb
Release : 1999-05-27
Category : Law
ISBN : 9041111948

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Japan and International Law by Nisuke Andō Pdf

This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

Author : Junmin Wang
Publisher : American Academic Press
Page : 362 pages
File Size : 48,5 Mb
Release : 2022-04-14
Category : Political Science
ISBN : 9781631815690

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FOCUSING ON THE DIAOYU ISLANDS by Junmin Wang Pdf

This book mainly demonstrates the sovereignty over the Diaoyu Islands, illustrates the significance, approach and means of peaceful settlement of the Diaoyu Islands dispute, and clarifies China’s principal stand on the Diaoyu Islands issue. According to mode of territorial acquisition, the critical date and the inter-temporal theory in international law, the Diaoyu Islands had been China’s territory rather than terra nullius or a part of Ryukyu before 1895. Therefore, Japan could not acquire the Diaoyu Islands by occupation. Instead, Japan acquired the Diaoyu Islands by cession during the Sino-Japanese War in 1895. In light of the situation and inter-temporal law of the critical date, China resumed her sovereignty over the Diaoyu Islands after WWII. China beyond any doubt enjoys the sovereignty over the Diaoyu Islands. China upholds the principle of peaceful settlement of the Diaoyu Islands dispute and strongly opposes settling the dispute by means of violence. Studies show that the settlement of the Diaoyu Islands dispute can be analyzed and studied in reference to the operational mode of the International Court of Justice, and China and Japan should take the Franco-German reconciliation model to resolve the Diaoyu Islands dispute politically.

Author : Asif H Qureshi
Publisher : Bloomsbury Publishing
Page : 255 pages
File Size : 48,6 Mb
Release : 2018-09-20
Category : Law
ISBN : 9781509915309

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Contextualising International Law in Northeast Asia by Asif H Qureshi Pdf

Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.

Author : Tim F. Liao,Kimie Hara,Krista Wiegand
Publisher : Routledge
Page : 214 pages
File Size : 52,6 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317038559

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The China-Japan Border Dispute by Tim F. Liao,Kimie Hara,Krista Wiegand Pdf

Crossing disciplinary boundaries, this volume offers a rare forum for a serious analysis of the territorial dispute over the Diaoyu/Senkaku Islands between China and Japan. To understand the complexity of the dispute and to find peaceful solutions, we must reach beyond the confines of a single discipline and perspective. The volume deconstructs conflicting perspectives on the two sides of the dispute. Territorial disputes often become symbolic expressions of nationalistic rivalries, particularly as political claims for territories escalate and economic competition for resources between countries intensifies. Cutting through the political rhetoric on both sides of the controversy and bringing together a group of eight scholars from the disciplines of history, international relations, law, political science, and sociology, this book analyzes the relevant history, international law, multilateral relations, political agendas, and social and collective memory, to shed light on this difficult dispute. Taken together, the chapters of the book propose short-term, medium-term, and long-term peaceful solutions for going beyond the impasse of the current territorial dispute.

Author : Anonim
Publisher : BRILL
Page : 360 pages
File Size : 43,9 Mb
Release : 2020-02-03
Category : Law
ISBN : 9789004425040

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Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 30 (2012) by Anonim Pdf

The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to Asia-Pacific and the Republic of China on Taiwan.

Author : Pilkyu Kim, PhD
Publisher : Xlibris Corporation
Page : 180 pages
File Size : 43,9 Mb
Release : 2014-03-27
Category : History
ISBN : 9781493182169

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Claims to Territory between Japan and Korea in International Law by Pilkyu Kim, PhD Pdf

The period following World War II has witnessed numerous international territorial disputes, particularly in Asia and Africa. Even as we enter the twenty-first century, a large number of these territorial disputes over sovereignty remain unresolved and continue to pose significant diplomatic barriers for the parties involved. Clive Schofield, the author of Global Boundaries, identified10 disputed island “hot spots” around the globe, including the Falkland Islands, Dokdo (Takeshima), Diaoyu (Senkaku), and the Kurile and Spratly Islands, among others. Turning our attention to Northeast Asia, one territorial dispute of historic significance concerns a set of small rocky islets known as Dokdo in Korean or Takeshima in Japanese. Upon closer examination, these small islets represent more than just a dispute over territorial boundaries, but a historic source of tension and sensitivity that can be traced back to the period of Japanese imperialist aggression in Korea during the first half of the twentieth century. Today, this controversial territorial dispute remains as a critical obstacle to the amicable relations between Korea and Japan. Much of the problem appears to stem from the inability of both countries to reach a consensus on two interconnected issues: historical misperceptions and divergent legal interpretations over territorial claims to sovereignty. Bearing these two issues in mind, this book seeks to offer a fresh examination of the major historical and legal arguments at both sides of the Dokdo conflict from the perspective of international law. Through this approach, it is hoped this book will not only contribute to a better understanding of the facts and truth behind the Dokdo dispute, but also generate further discussion on how Korea and Japan might advance a productive dialog to achieve a meaningful resolution to this longstanding problem.

Author : Wakamizu Tsutsui
Publisher : BRILL
Page : 200 pages
File Size : 48,7 Mb
Release : 2002-10-01
Category : Law
ISBN : 9789047403159

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The Changing Postwar International Legal Regime by Wakamizu Tsutsui Pdf

In view of the practices of the Second World War, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of "no use of force". To meet the reality of wartime collaboration in each region, it adopted self-defense as the basis for individual action. The postwar international legal order has been realized through self-defense as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter. Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's "Peace Constitution". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on "freedom of conscience". This work should be read by anyone interested in the development of international law and its influence on international relations.

Author : Seokwoo Lee,Hee Eun Lee
Publisher : Martinus Nijhoff Publishers
Page : 209 pages
File Size : 45,9 Mb
Release : 2013-08-29
Category : Law
ISBN : 9789004257092

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Northeast Asian Perspectives on International Law by Seokwoo Lee,Hee Eun Lee Pdf

Since the end of the Cold War, Northeast Asia has been one of the most dynamic and dangerous parts of the world. Encompassing Japan, the People’s Republic of China, and North and South Korea, the region has undoubtedly acquired a greater global geopolitical and economic significance in recent years. Now home to two of the three largest economies in the world, with the exception of North Korea, all of the countries in the region experienced rapid economic development which has resulted in Northeast Asia accounting for one-fifth of world production, one-sixth of world trade, and one-half of the world’s foreign currency reserves. This great economic dynamism is complemented by the tremendous political forces that animate the region, such as China’s ascendency to a global power challenging the United States and the European Union, tensions over nuclear weapons on the Korean peninsula, and Japan’s desire to validate itself as a legitimate international force with a permanent seat on the UN Security Council. All of these modern issues faced by the region are matters of international law. Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges contends that international law is not only poised to take a bigger role in bringing about a resolution to these questions, but international lawyers of the region are working to bring about greater regional cooperation and integration as seen in other regions in the world. This edited volume was inspired by the first joint international academic conference of international lawyers from the Chinese Society of International Law, Japanese Society of International Law, and Korean Society of International Law which took place in Seoul, Korea on July 3, 2010. With a range of timely topics including, but not limited to, North Korean human rights, the South China Sea, and Japan’s efforts in UN peacekeeping operations, the esteemed contributors to Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges examine how international law can promote peace and justice in Northeast Asia. Legal scholars, students of international law and international relations, policymakers and historians will find Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges to be an invaluable resource.

Author : Asif Hasan Qureshi
Publisher : Unknown
Page : 194 pages
File Size : 54,9 Mb
Release : 2019
Category : International law
ISBN : 1509915338

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Contextualising International Law in Northeast Asia by Asif Hasan Qureshi Pdf

"Northeast Asia is one of the most important regions of the world, both economically and in terms of its historical heritage. The region poses significant challenges for international law, whilst international law can unleash cooperative endeavours which could place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region; the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers."--Bloomsbury Publishing.

Author : Hungdah Chiu
Publisher : Unknown
Page : 60 pages
File Size : 53,6 Mb
Release : 1999
Category : China
ISBN : STANFORD:36105029101578

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An Analysis of the Sino-Japanese Dispute Over the Tʼiaoyutai Islets (Senkaku Gunto) by Hungdah Chiu Pdf

Author : Fleur Johns,Richard Joyce,Sundhya Pahuja
Publisher : Routledge
Page : 312 pages
File Size : 51,6 Mb
Release : 2010-10-04
Category : Law
ISBN : 9781136920295

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Events: The Force of International Law by Fleur Johns,Richard Joyce,Sundhya Pahuja Pdf

Events: The Force of International Law presents an analysis of international law, centred upon those historical and recent events in which international law has exerted, or acquired, its force. From Spanish colonization and the Peace of Westphalia, through the release of Nelson Mandela and the Rwandan genocide, and to recent international trade negotiations and the 'torture memos', each chapter in this book focuses on a specific international legal event. Short and accessible to the non-specialist reader, these chapters consider what forces are put into play when international law is invoked, as it is so frequently today, by lawyers, laypeople, or leaders. At the same time, they also reflect on what is entailed in naming these ‘events’ of international law and how international law grapples with their disruptive potential. Engaging economic, military, cultural, political, philosophical and technical fields, Events: The Force of International Law will be of interest to international lawyers and scholars of international relations, legal history, diplomatic history, war and/or peace studies, and legal theory. It is also intended to be read and appreciated by anyone familiar with appeals to international law from the general media, and curious about the limits and possibilities occasioned, or the forces mobilised, by that appeal.