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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.
Author: Douglas Howland
Publisher: Springer
ISBN: 1137567775
Category : Political Science
Languages : en
Pages : 239
Get Book Here
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.
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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.
Author: Eyal Benvenisti
Publisher: OUP Oxford
ISBN: 0191639575
Category : Law
Languages : en
Pages : 416
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Book Description
The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
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.
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.
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.
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.
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.
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.
Author: James D. J. Brown
Publisher: Routledge
ISBN: 1317272676
Category : Political Science
Languages : en
Pages : 176
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Book Description
The territorial dispute between Japan and Russia over four islands off the northeast coast of Hokkaidō has been an enduring obstacle to closer relations between the two powers and therefore an important determinant of geopolitics in North-East Asia. Having emerged at the end of World War II, this conflict has now existed for more than seven decades. And yet, despite the passage of so much time, within Japan there remains a resilience of belief that the islands will eventually be returned. This book provides a comprehensive analysis of Japan’s prospects of ever recovering these "Northern Territories". Offering an in-depth account of why the Japanese side believe they still have a chance of securing the return of the four islands, it also provides an objective and methodical evaluation of the prospects of these expectations being realised. The key finding is that Japanese policymakers and scholars have consistently overestimated the extent of Japan’s leverage with regard to Russia, and that there is, in fact, already no possibility whatsoever of sovereignty over the four islands being restored to Japan. This has major implications for Japanese decision makers who must balance their principled commitment not to compromise on territorial issues with more pragmatic considerations of energy security and how to contain the rise of Chinese regional power. Presenting a unique analysis and a strikingly different perspective on this territorial dispute, the findings of this book are of considerable importance for international relations within the Asia-Pacific region. It will be of interest to students and scholars of Japanese Politics, Russian Politics and International Relations.
