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"Relations between the Chosŏn and Qing states are often cited as the prime example of the operation of the “traditional” Chinese ”tribute system.” In contrast, this work contends that the motivations, tactics, and successes (and failures) of the late Qing Empire in Chosŏn Korea mirrored those of other nineteenth-century imperialists. Between 1850 and 1910, the Qing attempted to defend its informal empire in Korea by intervening directly, not only to preserve its geopolitical position but also to promote its commercial interests. And it utilized the technology of empire—treaties, international law, the telegraph, steamships, and gunboats.Although the transformation of Qing–Chosŏn diplomacy was based on modern imperialism, this work argues that it is more accurate to describe the dramatic shift in relations in terms of flexible adaptation by one of the world’s major empires in response to new challenges. Moreover, the new modes of Qing imperialism were a hybrid of East Asian and Western mechanisms and institutions. Through these means, the Qing Empire played a fundamental role in Korea’s integration into regional and global political and economic systems."
The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.
Nation to Nation explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties. The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.
This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.
200 years of treaty relations between the Iroquois Confederacy and the United States.
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
From the 1870s to the 1930s, the Lake Superior Ojibwes of Minnesota and Wisconsin faced dramatic economic, political, and social changes. Examining a period that began with the tribe's removal to reservations and closed with the Indian New Deal, Chantal Norrgard explores the critical link between Ojibwes' efforts to maintain their tribal sovereignty and their labor traditions and practices. As Norrgard explains, the tribe's "seasonal round" of subsistence-based labor was integral to its survival and identity. Though encroaching white settlement challenged these labor practices, Ojibwe people negotiated treaties that protected their rights to make a living by hunting, fishing, and berrying and through work in the fur trade, the lumber industry, and tourism. Norrgard shows how the tribe strategically used treaty rights claims over time to uphold its right to work and to maintain the rhythm and texture of traditional Ojibwe life. Drawing on a wide range of sources, including New Deal–era interviews with Ojibwe people, Norrgard demonstrates that while American expansion curtailed the Ojibwes' land base and sovereignty, the tribe nevertheless used treaty-protected labor to sustain its lifeways and meet economic and political needs--a process of self-determination that continues today.
Governments that seek to liberalize trade can find that doing so is often in tension with their desire to achieve the objectives of cultural policy. This is because measures like local content requirements can seem like discriminatory practices when viewed through the lens of trade liberalization. This tension has prompted a long-standing debate, with great variation in how countries have approached it. Trade and Culture: The Ongoing Debate explores this variation across geographic space. It also seeks to explain the evolution in these various policies over time. Policies are not static, largely due to domestic politics, shifts in the international trading system and technological developments. The chapters in this volume explore the different approaches to the trade and culture debate and provide an up-to-date look at current versions of these policies in Canada, the European Union, South Africa, Latin America, South Korea, the United States and China. This book will be of great value to scholars and researchers interested in cultural policies and the politics of international trade. This book was originally published as a special issue of the International Journal of Cultural Policy.