China, State Sovereignty and International Legal Order

China, State Sovereignty and International Legal Order PDF Author: Phil C.W. Chan
Publisher: Hotei Publishing
ISBN: 9004288376
Category : Law
Languages : en
Pages : 367

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Book Description
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.

The One-China Policy: State, Sovereignty, and Taiwan's International Legal Status

The One-China Policy: State, Sovereignty, and Taiwan's International Legal Status PDF Author: Frank Chiang
Publisher: Elsevier
ISBN: 0081023154
Category : Law
Languages : en
Pages : 389

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Book Description
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

Sovereignty in China

Sovereignty in China PDF Author: Maria Adele Carrai
Publisher: Cambridge University Press
ISBN: 1108474195
Category : Law
Languages : en
Pages : 301

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Book Description
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.

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.

The China Reader

The China Reader PDF Author: David L. Shambaugh
Publisher: Oxford University Press
ISBN: 0199397082
Category : Business & Economics
Languages : en
Pages : 569

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Book Description
"Chronicles the diverse aspects of this transition since the late-1990s. It is comprehensive in scope and draws upon both primary Chinese sources and secondary Western analyses written by the world's leading experts on contemporary China ... covers the full range of China's internal and external developments."--From publisher description.

International Law and New Wars

International Law and New Wars PDF Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611

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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Asian Yearbook of International Law, Volume 23 (2017)

Asian Yearbook of International Law, Volume 23 (2017) PDF Author: Seokwoo Lee
Publisher: BRILL
ISBN: 9004415823
Category : Law
Languages : en
Pages : 343

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Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

Transnational Legal Orders

Transnational Legal Orders PDF Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107069920
Category : Business & Economics
Languages : en
Pages : 559

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Book Description
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations PDF Author: Michael N. Schmitt
Publisher: Cambridge University Press
ISBN: 1316828646
Category : Law
Languages : en
Pages : 641

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Book Description
Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

The Oxford Handbook of Legal Studies

The Oxford Handbook of Legal Studies PDF Author: Peter Cane
Publisher: Oxford University Press, USA
ISBN: 9780199248179
Category : Law
Languages : en
Pages : 1071

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Book Description
This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.