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Extraterritoriality in East Asia

Author: Ireland-Piper, Danielle

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 168

ISBN-13: 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.

Extraterritoriality in East Asia

Author: Danielle Ireland-Piper

Publisher: Edward Elgar Publishing

Published: 2021-07-28

Total Pages: 224

ISBN-13: 9781788976657

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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.

Grounds of Judgment

Author: Pär Kristoffer Cassel

Publisher:

Published: 2012

Total Pages: 260

ISBN-13: 9780199932573

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Perhaps more than anywhere else in the world, the 19th century encounter between East Asia and the Western world has been narrated as a legal encounter. This book explores extraterritoriality and the ways in which Western power operated in East Asia from the 1820s to the 1920s.--Résumé de l'éditeur.

Rule of Law Or Rule of Laws

Author: Pär Kristoffer Cassel

Publisher:

Published: 2006

Total Pages: 338

ISBN-13:

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Grounds of Judgment

Author: Par Kristoffer Cassel

Publisher: OUP USA

Published: 2012-01-11

Total Pages: 273

ISBN-13: 0199792054

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Legal Imperialism

Author: Turan Kayaoğlu

Publisher: Cambridge University Press

Published: 2010-04-19

Total Pages: 247

ISBN-13: 0521765919

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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.

The Extraterritorial System in China: Final Phase

Author: John Carter Vincent

Publisher: Harvard University Press

Published: 1970

Total Pages: 160

ISBN-13:

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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.

British Extraterritoriality in Korea 1884 - 1910

Author: Christopher Roberts

Publisher: Renaissance Books

Published: 2021-05-20

Total Pages: 288

ISBN-13: 9781912961276

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"At the root of Britain's requirement for extraterritorial rights was its need, as a commercial and trading power, for British subjects to be able to trade on a publicly available set of legal rules which were applied consistently and fairly by an indepedent judiciary and to ensure that British subjects in foreign countries were not subject to a capricious or arbitrary criminal law system. As Western powers had expanded into Asia from the seventeenth century onwards, their economic and military power had enabled them to impose their demands for extraterritoriality upon Asian countries in a form of legal imperialsim. So, when they came to Korea at the end of the nineteenth century, they simply continued in this fashion--as had Japan in 1876 when, as part of its march to achieve parity of status with the Western powers, it had insisted upon extraterritoriality for itself and its subjects in Korea"--Page xxv of Preface.

Forgotten Diplomacy

Author: Vincent K. L. Chang

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9789004410701

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In this meticulously researched volume, Vincent Chang resurrects a near forgotten yet pivotal chapter of Dutch-Chinese ties to narrate how World War II, China's civil war, and Indonesia's decolonization reshaped and ultimately redefined this age-old bilateral relationship. Drawing on a wealth of hitherto-unexplored archives, this book explains how China's rise on the global stage and the Netherlands' simultaneous decline as a Pacific power informed events in Dutch-controlled Indonesia (and vice versa) and prompted a complete recalibration of Dutch-Chinese ties, culminating in the Netherlands' recognition of the People's Republic and laying the foundations for its current "One-China" policy. Presenting insightful analyses of power dynamics and law, this book is a critical resource to historians and China specialists as well as scholars of international relations and international law.

Extraterritoriality

Author: Fan Victor Fan

Publisher: Edinburgh University Press

Published: 2019-07-17

Total Pages: 485

ISBN-13: 1474440452

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Examining how Hong Kong filmmakers, spectators and critics wrestled with this perturbation between the Leftist Riots (1967) and the aftermath of the Umbrella Movement (2014), this book traces how Hong Kong's extraterritoriality has been framed: in its position of being doubly occupied and doubly abandoned by contesting juridical, political, linguistic and cultural forces. Extraterritoriality scrutinises creative works in mainstream cinema, independent films, television, video artworks and documentaries - especially those by marginalised artists - actively rewriting and reconfiguring how Hong Kong cinema and media are to be defined and located.