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| Author | : Flora Sapio |
| Publisher | : BRILL |
| Total Pages | : 380 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : 9004182454 |
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.
| Author | : Phil C.W. Chan |
| Publisher | : Hotei Publishing |
| Total Pages | : 367 |
| Release | : 2015-05-19 |
| Genre | : Law |
| ISBN | : 9004288376 |
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.
| Author | : Maria Adele Carrai |
| Publisher | : Cambridge University Press |
| Total Pages | : 301 |
| Release | : 2019-08 |
| Genre | : Law |
| ISBN | : 1108474195 |
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.
| Author | : Li Chen |
| Publisher | : Columbia University Press |
| Total Pages | : 417 |
| Release | : 2015-12-22 |
| Genre | : History |
| ISBN | : 0231540213 |
How did American schoolchildren, French philosophers, Russian Sinologists, Dutch merchants, and British lawyers imagine China and Chinese law? What happened when agents of presumably dominant Western empires had to endure the humiliations and anxieties of maintaining a profitable but precarious relationship with China? In Chinese Law in Imperial Eyes, Li Chen provides a richly textured analysis of these related issues and their intersection with law, culture, and politics in the eighteenth and nineteenth centuries. Using a wide array of sources, Chen's study focuses on the power dynamics of Sino-Western relations during the formative century before the First Opium War (1839-1842). He highlights the centrality of law to modern imperial ideology and politics and brings new insight to the origins of comparative Chinese law in the West, the First Opium War, and foreign extraterritoriality in China. The shifting balance of economic and political power formed and transformed knowledge of China and Chinese law in different contact zones. Chen argues that recovering the variegated and contradictory roles of Chinese law in Western "modernization" helps provincialize the subsequent Euro-Americentric discourse of global modernity. Chen draws attention to important yet underanalyzed sites in which imperial sovereignty, national identity, cultural tradition, or international law and order were defined and restructured. His valuable case studies show how constructed differences between societies were hardened into cultural or racial boundaries and then politicized to rationalize international conflicts and hierarchy.
| Author | : Matthieu Burnay |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 336 |
| Release | : 2018-07-27 |
| Genre | : Law |
| ISBN | : 1788112393 |
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
| Author | : Jonathan Ocko |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
This paper uses the concept of rule of law to compare Qing China and British India. Rather than using rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by rule of law and rule of man as oppositional, yet paradoxically intertwined, notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the 20th century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of rule of law beyond Euro-America.
| Author | : Yonghong Yang |
| Publisher | : Schriften zum internationalen und zum öffentlichen Recht |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : China |
| ISBN | : 9783631719282 |
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.
| Author | : Frank Chiang |
| Publisher | : Elsevier |
| Total Pages | : 389 |
| Release | : 2017-11-21 |
| Genre | : Law |
| ISBN | : 0081023154 |
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
| Author | : Michael Ross Fowler |
| Publisher | : Penn State Press |
| Total Pages | : 220 |
| Release | : 2010-11-01 |
| Genre | : Political Science |
| ISBN | : 9780271039114 |
In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.
| Author | : Randall Peerenboom |
| Publisher | : Cambridge University Press |
| Total Pages | : 700 |
| Release | : 2002-09-26 |
| Genre | : History |
| ISBN | : 9780521016742 |
China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
