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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.
China’s rise has aroused apprehension that it will revise the current rules of international order to pursue and reflect its power, and that, in its exercise of State sovereignty, it is unlikely to comply with international law. This book explores the extent to which China’s exercise of State sovereignty since the Opium War has shaped and contributed to the legitimacy and development of international law and the direction in which international legal order in its current form may proceed. It examines how international law within a normative–institutional framework has moderated China’s exercise of State sovereignty and helps mediate differences between China’s and other States’ approaches to State sovereignty, such that State sovereignty, and international law, may be better understood.
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.
In China the coexistence of arbitrary detention and a transition towards a rule of law is either seen as an oxymoron, or as an aberration. This book 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. Hidden behind the law, there lies sovereign power, a power premised on the choice to handle certain issues through procedures that derogate from rights. This theoretically sophisticated study overcomes the current impasses in analyses of China’s criminal justice. The result is an highly innovative reading of law and legality in the PRC, useful to scholars of contemporary China, mainstream political theorists, philosophers of law and policy makers. "This important book heralds a new chapter in the comparative study of Chinese law and society...it presents and analyses a tremendous wealth of information, above all from contemporary Chinese sources...[the book] provides a new basis for deeper comparisons of the emerging Chinese 'reforming Leninist' model with the 'rule of law' and its suspension in Western countries." - Magnus Fiskesjö, Cornell University
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.
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.
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.
Volume 38 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2020.
How social networks shaped the imperial Chinese state China was the world’s leading superpower for almost two millennia, falling behind only in the last two centuries and now rising to dominance again. What factors led to imperial China’s decline? The Rise and Fall of Imperial China offers a systematic look at the Chinese state from the seventh century through to the twentieth. Focusing on how short-lived emperors often ruled a strong state while long-lasting emperors governed a weak one, Yuhua Wang shows why lessons from China’s history can help us better understand state building. Wang argues that Chinese rulers faced a fundamental trade-off that he calls the sovereign’s dilemma: a coherent elite that could collectively strengthen the state could also overthrow the ruler. This dilemma emerged because strengthening state capacity and keeping rulers in power for longer required different social networks in which central elites were embedded. Wang examines how these social networks shaped the Chinese state, and vice versa, and he looks at how the ruler’s pursuit of power by fragmenting the elites became the final culprit for China’s fall. Drawing on more than a thousand years of Chinese history, The Rise and Fall of Imperial China highlights the role of elite social relations in influencing the trajectories of state development.
Despite apparently consistent statements in 4 decades, the U.S. ¿one China¿ policy concerning Taiwan remains somewhat ambiguous and subject to different interpretations. Apart from questions about what the ¿one China¿ policy entails, issues have arisen about whether U.S. Presidents have stated clear positions and have changed or should change policy, affecting U.S. interests in security and democracy. Contents of this report: (1) U.S. Policy on ¿One China¿: Has U.S. Policy Changed?; Overview of Policy Issues; (2) Highlights of Key Statements by Washington, Beijing, and Taipei: Statements During the Admin. of Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George W. Bush, Clinton, and Obama. A print on demand report.