Sovereign Power And The Law In China
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Sovereign Power And The Law In China
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Author : Flora Sapio
language : en
Publisher: BRILL
Release Date : 2010
Sovereign Power And The Law In China written by Flora Sapio and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
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.
China State Sovereignty And International Legal Order
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Author : Phil C.W. Chan
language : en
Publisher: Hotei Publishing
Release Date : 2015-05-19
China State Sovereignty And International Legal Order written by Phil C.W. Chan and has been published by Hotei Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-19 with Law categories.
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
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Author : Frank Chiang
language : en
Publisher: Elsevier
Release Date : 2017-11-21
The One China Policy State Sovereignty And Taiwan S International Legal Status written by Frank Chiang and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-21 with Law categories.
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
Chinese Law In Imperial Eyes
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Author : Li Chen
language : en
Publisher: Columbia University Press
Release Date : 2015-12-22
Chinese Law In Imperial Eyes written by Li Chen and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with History categories.
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.
Hong Kong S New Constitutional Order
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Author : Yash Ghai
language : en
Publisher: Hong Kong University Press
Release Date : 1997-05-01
Hong Kong S New Constitutional Order written by Yash Ghai and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-05-01 with Law categories.
This is the first systematic analysis of the constitutional, legal, economic, social and political systems of Hong Kong as a special administrative region of China. It examines the Basic Law against its historical and socio-economic contexts, including its international and domestic foundations, and the loss and the resumption of sovereignty by China. The author offers a conceptualization of the Basic Law and locates it within China's constitutional, political and legal systems. The book explores the balance as well as the tensions between the autonomy of Hong Kong and the sovereignty of China, which are aggravated by the necessity to accommodate contrasting economic and political systems. It also identifies key legal and political problems that are likely to arise in implementing the Basic Law and suggests an approach to its interpretation. The Basic Law provides a fascinating example of the interaction of widely different traditions of law, politics and economy, and a novel system of autonomy. Its study is therefore of great interest to scholars of comparative law and politics. This new edition covers significant political, constitutional and legal developments since the transfer of sovereignty in July 1997.
Sovereignty In China
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Author : Maria Adele Carrai
language : en
Publisher: Cambridge University Press
Release Date : 2019-08
Sovereignty In China written by Maria Adele Carrai and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08 with Law categories.
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.
Justice
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Author : Flora Sapio
language : en
Publisher: Cambridge University Press
Release Date : 2017-07-27
Justice written by Flora Sapio and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-27 with Law categories.
A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.
Law Power And The Sovereign State
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Author : Michael Ross Fowler
language : en
Publisher: Penn State Press
Release Date : 2010-11-01
Law Power And The Sovereign State written by Michael Ross Fowler and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-01 with Political Science categories.
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.
The Hong Kong Reader
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Author : Ming K. Chan
language : en
Publisher: Routledge
Release Date : 2016-09-16
The Hong Kong Reader written by Ming K. Chan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Political Science categories.
This paperback reader provides the student and general reader with easy access to the major issues of the Hong Kong transition crisis. Contributors include both editors, as well as Frank Ching, Berry F. Hsu, Reginald Yin-wang Kwok, Peter Kwong, Julian Y.M. Leung, Ronald Skeldon, Alvin Y. So, Yun-wing Sung, and James T.H. Tang - the majority of whom live and work in Hong Kong and experience the transition firsthand, personally and professionally.
Order And Discipline In China
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Author : Thomas B. Stephens
language : en
Publisher: University of Washington Press
Release Date : 2016-06-01
Order And Discipline In China written by Thomas B. Stephens and has been published by University of Washington Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-01 with History categories.
China’s traditional system of dispute resolution and maintenance of order in society has been treated by Western scholars as legal history, but because the Chinese system is radically different from European systems in its conceptual structure and therefore does not fit into the familiar categories and models of Western law and jurisprudence, such treatment has been inadequate and often misleading. In Order and Discipline in China, Thomas B. Stephens provides a new approach, methodology, and theoretical framework for the interpretation of traditional Chinese “law.” Stephens argues convincingly that Chinese society has always operated according to the disciplinary system of order, ni which hierarchy is established by actual power, and he provides a thorough methodology and framework for understanding disciplinary theory. He discusses the system, showing it not the random (or even unjust) tyranny it may sometimes appear to the Western, legally oriented mind but an effective system that successfully guided China for centuries. The study is not merely historical, but provides insights into Chinese ways of thinking about social relationships, dispute resolution, and the enforcement of civil obligations that are vital to intercultural understanding today. His study is based on the activities of the Mixed Court of the International Settlement at Shanghai, which dealth with legal problems concerning Chinese people within the representative, or “assessor.” The Mixed Court conventionally has been looked upon as a disciplinary tribunal enforcing a system of dispute resolution and the maintenance of social order upon the principles of disciplinary theory. The Mixed Court is a convenient point from which to measure the legal and disciplinary systems against each other and to study them in conflict. Although Western powers tried to interpret the court in legal terms, it responds much more convincingly to analysis according to the disciplinary system: it provided its right to rule by the abililty to enforce its decisions, and it decided cases not, as claimed, by Chinese laws (which actually did not exist) but according to those principles established by the Western consuls. Order and Disipline in China will be of interest not only to legal scholars and students of Chinese history and society, but also to students of social order and international relations throughout the world. It also offers practical assistance to Westerners dealing with Chinese business relations, social and political affairs, or dispute settlement.