International Law and Japanese Sovereignty

The Emerging Global Order in the 19th Century

AvDouglas Howland

Inbunden, Engelska, 2016

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Beskrivning

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 asthe 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.

Produktinformation

Utgivningsdatum:2016-02-19
Mått:140 x 216 x 19 mm
Vikt:450 g
Format:Inbunden
Språk:Engelska
Antal sidor:232
Upplaga:16001
Förlag:Palgrave Macmillan
ISBN:9781137571083

Utforska kategorier

Internationell rätt inom Juridik
Asiens historia inom Historia och arkeologi
Internationella relationer inom Samhälle och politik

Mer om författaren

Douglas Howland is the Buck Professor of Chinese History at the University of Wisconsin-Milwaukee, USA. He is the author of four books and co-editor (with Luise White) of The State of Sovereignty: Territories, Laws, Populations (2009).

Recensioner i media

"This fascinating book challenges us to reexamine the 'standard of civilization' thesis that lies at the heart of the rise of the modern international order. Could China and other non-Western nations have avoided humiliation and defeat at the hands of Western Powers had they followed Japan's steps in using rather than rejecting available instruments of international law to establish their sovereignty?"- Amitav Acharya, UNESCO Chair in Transnational Challenges and Governance and Professor, School of International Service, American University, USA "Howland's book is impressive in the width and breath of his treatment of state practice and of the sources he uses. His comprehensive treatment leads to an especially rich narrative about the confrontation between the West and the periphery and its role in the formation of modern international law."- Randall Lesaffer, Professor, Law School and Department for Public Law, Jurisprudence and Legal History, Tilburg University, the Netherlands "Howland knows well current understandings of global political history, but by focusing on how leaders and diplomats, broadly defined, used law, he provides solid empirical work to show how our current understanding of the rise and formation of the international, especially in East Asia, desperately needs revision."- Stefan Tanaka, Professor of Communication and Director, Center for the Humanities Education, University of California, San Diego, USA

Innehållsförteckning

1. International Legal Grounds for State Sovereignty2. The Family of Nations and Conflict of Laws3. Territorial Sovereignty and Extraterritorial Privilege4. The Alternative Order of International Administration5. Mastering the International Laws of War6. Japan Among the Great Powers