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Author : Flora Sapio
Publisher : BRILL
Page : 380 pages
File Size : 40,6 Mb
Release : 2010
Category : History
ISBN : 9789004182455
This volume analyses under-researched institutions and practices in China's criminal justice system, arguing that derogations from the rule of law constitute an organic component of the legal order.
Author : Phil C.W. Chan
Publisher : Hotei Publishing
Page : 367 pages
File Size : 49,9 Mb
Release : 2015-05-13
Category : Law
ISBN : 9789004288379
In China, State Sovereignty and International Legal Order, Phil C.W. Chan explores the nexus between China’s exercise of State sovereignty and international legal order, and the locus in which State sovereignty resides in international law and foreign policy-making.
Author : Maria Adele Carrai
Publisher : Cambridge University Press
Page : 301 pages
File Size : 55,9 Mb
Release : 2019-08
Category : Law
ISBN : 9781108474191
This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.
Author : Li Chen
Publisher : Columbia University Press
Page : 417 pages
File Size : 42,9 Mb
Release : 2015-12-22
Category : History
ISBN : 9780231540216
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
Author : Ming K. Chan,Gerard A. Postiglione
Publisher : Routledge
Page : 332 pages
File Size : 44,7 Mb
Release : 2016-09-16
Category : Political Science
ISBN : 9781315488356
This paperback reader provides the student and general reader with easy access to the major issues of the Hong Kong transition crisis. Contributors include both editors, as well as Frank Ching, Berry F. Hsu, Reginald Yin-wang Kwok, Peter Kwong, Julian Y.M. Leung, Ronald Skeldon, Alvin Y. So, Yun-wing Sung, and James T.H. Tang - the majority of whom live and work in Hong Kong and experience the transition firsthand, personally and professionally.
Author : Yash P. Ghai
Publisher : Unknown
Page : 616 pages
File Size : 51,6 Mb
Release : 1997
Category : History
ISBN : STANFORD:36105062254052
"This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation." "The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author : Michael Ross Fowler,Julie Marie Bunck
Publisher : Penn State Press
Page : 220 pages
File Size : 48,8 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 0271039116
In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
Author : Frank Chiang
Publisher : Elsevier
Page : 389 pages
File Size : 47,5 Mb
Release : 2017-11-21
Category : Law
ISBN : 9780081023150
The One-China Policy: State, Sovereignty, and Taiwan’s International Legal Status examines the issue from the perspective of international law, also suggesting a peaceful solution. The book presents two related parts, with the first detailing the concept of the State, the theory of sovereignty, and their relations with international law. The second part of the work analyzes the political status of the Republic of China in Taiwan and the legal status of the island of Taiwan in international law. Written by a leading international expert in international law, this book provides approaches and answers to the question of Taiwan and the One-China policy. Responds to a key international issue of our time Takes a legal perspective on Taiwan and the One-China policy Considers the definition of a nation State from first principles, also offering new definitions Applies international law on territory to draw conclusions on Taiwan and its relation to the People’s Republic of China Systematically critiques the role of the UN and other global actors in relation to Taiwan
Author : Flora Sapio
Publisher : BRILL
Page : 378 pages
File Size : 54,9 Mb
Release : 2010-07-12
Category : Social Science
ISBN : 9789004187689
This work undertakes an analysis of extra-legal institutions in China’s criminal justice, explaining their resilience and entrenchment with the thesis that sovereign power is premised on juridical mechanisms that allow the suspension of rights.
Author : Yonghong Yang
Publisher : Schriften zum internationalen und zum öffentlichen Recht
Page : 0 pages
File Size : 40,8 Mb
Release : 2017
Category : China
ISBN : 3631719280
The concept of sovereignty -- Sovereignty in ancient China -- The emergence of modern sovereignty in the Late Qing Dynasty -- Nationalism in China -- Sovereignty and human rights in China -- China's contemporary perspective of sovereignty.
Author : Thomas B. Stephens
Publisher : University of Washington Press
Page : 176 pages
File Size : 54,8 Mb
Release : 2016-06-01
Category : History
ISBN : 9780295804026
China’s traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese “law.” Stephens argues convincingly that Chinese society has always operated according to the disciplinary system of order, ni which hierarchy is established by actual power, and he provides a thorough methodology and framework for understanding disciplinary theory. He discusses the system, showing it not the random (or even unjust) tyranny it may sometimes appear to the Western, legally oriented mind but an effective system that successfully guided China for centuries. The study is not merely historical, but provides insights into Chinese ways of thinking about social relationships, dispute resolution, and the enforcement of civil obligations that are vital to intercultural understanding today. His study is based on the activities of the Mixed Court of the International Settlement at Shanghai, which dealth with legal problems concerning Chinese people within the representative, or “assessor.” The Mixed Court conventionally has been looked upon as a disciplinary tribunal enforcing a system of dispute resolution and the maintenance of social order upon the principles of disciplinary theory. The Mixed Court is a convenient point from which to measure the legal and disciplinary systems against each other and to study them in conflict. Although Western powers tried to interpret the court in legal terms, it responds much more convincingly to analysis according to the disciplinary system: it provided its right to rule by the abililty to enforce its decisions, and it decided cases not, as claimed, by Chinese laws (which actually did not exist) but according to those principles established by the Western consuls. Order and Disipline in China will be of interest not only to legal scholars and students of Chinese history and society, but also to students of social order and international relations throughout the world. It also offers practical assistance to Westerners dealing with Chinese business relations, social and political affairs, or dispute settlement.
Author : Kevin Lane
Publisher : Westview Press
Page : 192 pages
File Size : 45,6 Mb
Release : 1990-04-16
Category : History
ISBN : UOM:39015017922694
Author : Susanne Brandtstädter
Publisher : Taylor & Francis
Page : 179 pages
File Size : 50,7 Mb
Release : 2017-06-14
Category : Political Science
ISBN : 9781315391939
Cover -- Title -- Copyright -- Contents -- List of contributors -- Acknowledgements -- Introduction - Judging the state: emerging publics and the quest for justice in contemporary China -- 1 'Battles over green space': land disputes, rights activism, and emerging publics in urban China -- 2 Making personal life political: political trajectories of everyday conversations in China's online communities -- 3 Marginalizing the law: corporate social responsibility, worker hotlines and the shifting grounds of rights consciousness in contemporary China -- 4 Judging publics and contested exclusion: the moral economy of citizenship in China -- 5 Policy documents: imaginations of the state and the struggle for justice in a Chinese land-losing village -- 6 Fighting for one's life: the making and unmaking of public goods in the Yunnanese countryside -- 7 Public Buddhist philosophy: civic engagement and discursive space among a religious group in Shanghai -- 8 Concealing and revealing senses of justice in rural China -- A brief afterword -- Index.
Author : Niels M. Blokker,Daniëlla Dam-de Jong,Vid Prislan
Publisher : BRILL
Page : 494 pages
File Size : 44,6 Mb
Release : 2021-07-19
Category : Law
ISBN : 9789004459892
This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.
Author : Anonim
Publisher : Unknown
Page : 990 pages
File Size : 41,7 Mb
Release : 1910
Category : Electronic
ISBN : UOM:39015084570707
