International Law and Japanese Sovereignty

International Law and Japanese Sovereignty PDF Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Category : Political Science
Languages : en
Pages : 239

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Book Description
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.

International Law and Japanese Sovereignty

International Law and Japanese Sovereignty PDF Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Category : Political Science
Languages : en
Pages : 239

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Book Description
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.

Japan’s Territory under International Law

Japan’s Territory under International Law PDF Author:
Publisher: BRILL
ISBN: 9004706364
Category : Law
Languages : en
Pages : 345

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Book Description
This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.

Sovereign Rights and Territorial Space in Sino-Japanese Relations

Sovereign Rights and Territorial Space in Sino-Japanese Relations PDF Author: Unryu Suganuma
Publisher: University of Hawaii Press
ISBN: 9780824824938
Category : Political Science
Languages : en
Pages : 322

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Book Description
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.

A Dictionary of Law

A Dictionary of Law PDF Author: Jonathan Law
Publisher: Oxford University Press, USA
ISBN: 0199664927
Category : Law
Languages : en
Pages : 705

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Book Description
Written in a clear and jargon-free style, this dictionary is useful to anyone without a legal qualification who comes into contact with the law in the United Kingdom or any Commonwealth country where the legal system is founded on English law.

The Dokdo/Takeshima Dispute

The Dokdo/Takeshima Dispute PDF Author: Paul Huth
Publisher: BRILL
ISBN: 900444789X
Category : Law
Languages : en
Pages : 268

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Book Description
In The Dokdo/Takeshima Dispute, Paul Huth, Sunwoong Kim, and Terence Roehrig have assembled top scholars from Japan, South Korea, and the United States to provide a balanced and comprehensive look from multiple perspectives of this long-running island dispute.

The Law of Occupation

The Law of Occupation PDF Author: Yutaka Arai
Publisher: BRILL
ISBN: 9004162461
Category : Law
Languages : en
Pages : 801

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Book Description
This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

Liminality of the Japanese Empire

Liminality of the Japanese Empire PDF Author: Hiroko Matsuda
Publisher: University of Hawaii Press
ISBN: 0824877071
Category : History
Languages : en
Pages : 225

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Book Description
Okinawa, one of the smallest prefectures of Japan, has drawn much international attention because of the long-standing presence of US bases and the people’s resistance against them. In recent years, alternative discourses on Okinawa have emerged due to the territorial disputes over the Senkaku Islands, and the media often characterizes Okinawa as the borderland demarcating Japan, China (PRC), and Taiwan (ROC). While many politicians and opinion makers discuss Okinawa’s national and security interests, little attention is paid to the local perspective toward the national border and local residents’ historical experiences of border crossings. Through archival research and first-hand oral histories, Hiroko Matsuda uncovers the stories of common people’s move from Okinawa to colonial Taiwan and describes experiences of Okinawans who had made their careers in colonial Taiwan. Formerly the Ryukyu Kingdom and a tributary country of China, Okinawa became the southern national borderland after forceful Japanese annexation in 1879. Following Japanese victory in the First Sino-Japanese War and the cession of Taiwan in 1895, Okinawa became the borderland demarcating the Inner Territory from the Outer Territory. The borderland paradoxically created distinction between the two sides, while simultaneously generating interactions across them. Matsuda’s analysis of the liminal experiences of Okinawan migrants to colonial Taiwan elucidates both Okinawans’ subordinate status in the colonial empire and their use of the border between the nation and the colony. Drawing on the oral histories of former immigrants in Taiwan currently living in Okinawa and the Japanese main islands, Matsuda debunks the conventional view that Okinawa’s local history and Japanese imperial history are two separate fields by demonstrating the entanglement of Okinawa’s modernity with Japanese colonialism. The first English-language book to use the oral historical materials of former migrants and settlers—most of whom did not experience the Battle of Okinawa—Liminality of the Japanese Empire presents not only the alternative war experiences of Okinawans but also the way in which these colonial memories are narrated in the politics of war memory within the public space of contemporary Okinawa.

Japan's Border Issues

Japan's Border Issues PDF Author: Akihiro Iwashita
Publisher: Routledge
ISBN: 131742400X
Category : Political Science
Languages : en
Pages : 167

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Book Description
Japan was sometimes described as a country of "peace" during the Cold War period, in contrast to the continental border conflicts taking place at the time, such as the China-Soviet rivalry. However, as the maritime frontier was "rediscovered" and defined by the regional powers and legal refinements of the 1970s, the process of states seeking a secure maritime zone has accelerated and maritime rivalries have become as intense as inland rivalries. This book examines the territorial disputes souring relations between Japan and its three neighbours: Russia, South Korea and China. It combines an empirical study with theoretical advancements in comparative research to understand the Cold War and post-Cold War border issues related to Japan, particularly the Northern Territories/South Kurils dispute with Russia; Takeshima/Dokto with Korea; and Senkaku/Diaoyu with China and Taiwan. Based on the history of negotiations with the Soviet Union and Russia over the course of fifty years, the study offers a series of practical suggestions to enable these disputes to be separated from arguments over their history and resolved on the basis of the principle of mutual advantage for those affected by them. This book provides not only the key to resolving these three disputes affecting East Asia, but the framework in which to seek the resolution of other territorial issues worldwide. Explaining the history and possible outcomes of Japan’s territorial disputes with Russia, South Korea and China whilst providing concrete steps for resolving entrenched territorial disputes, this book will be of great interest to students and scholars of International Relations, Japanese Politics and International Law.

International Status in the Shadow of Empire

International Status in the Shadow of Empire PDF Author: Cait Storr
Publisher: Cambridge University Press
ISBN: 1108498507
Category : Law
Languages : en
Pages : 321

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Book Description
This book offers a new account of Nauru's imperial history and examines its significance in the history of international law.

The Ryukyu Islands at a Glance

The Ryukyu Islands at a Glance PDF Author: Ryukyu Islands (Military Government, 1945-1950)
Publisher:
ISBN:
Category : Ryukyu Islands
Languages : en
Pages : 72

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Book Description