Histories of International Law in China : All under Heaven?.

Format:

Book

Author/Creator:

de la Rasilla, Ignacio.

Contributor:

Rasilla, Ignacio de la

Wang, Jiangyu

Cai, Congyan

Language:

English

Physical Description:

1 online resource (1002 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, Incorporated, 2026.

Summary:

This volume offers a groundbreaking exploration of China's engagement with international law over the past two centuries. Written by an interdisciplinary group of international law scholars and legal historians, it provides a longue durée perspective, revealing both lasting patterns and profound shifts in China's approach to the global legal or.

Contents:

Cover

Half Title

Series

Title Page

Copyright Page

Foreword

Series Editor's Preface

Acknowledgements

Table of Contents

Contributors

Part I National Histories of International Law

1 Histories of International Law in China

1.1 Introduction

1.2 General Structure

1.3 Navigating the Contents of the Book

1.3.1 Part I: Historiographical Frameworks

1.3.2 Part II: Before and Beyond the Encounter: From Sino-Centric Isolation to Adaptation To, and Forced Acculturation Into, International Law During the Qing Dynasty

1.3.3 Part III: International Law in China During the Republican Period

1.3.4 Part IV: International Law in China From the New China to the Opening-Up and Reform Process

1.3.5 Part V: Chinese Historical Portraits in International Law

1.4 Conclusions

2 China and the Turn to the National in the History of International Law

2.1 Introduction

2.2 The Rise, Fall, and Revival of National Histories of International Law

2.3 National Histories of International Law in Western Great Powers and Western Semi-Peripheral Countries

2.4 National Histories of International Law in Non-Western Countries Including China

2.5 The National Lens in the History of International Law: Promises and Perils

2.6 Conclusions

Part II Before and Beyond the Encounter: From Sino-Centric Isolation to Defensive Acculturation to International Law

3 International Law in China

3.1 Introduction

3.2 'All Under Heaven'

3.3 The Hua-Yi Distinction

3.4 The Tribute System

3.5 Meng

3.6 Foreign Affairs Institutions

3.6.1 The Diplomatic Department

3.6.2 Trade Commissioners

3.7 Modern Interpretations

3.8 Conclusion

4 The Opium Wars, Extraterritoriality, and International Drug Control

4.1 Introduction.

4.2 The (Il)legal Structure of the Opium Trade and the Treaty System (1729-1900)

4.3 Extraterritoriality and the Opium Trade in the Nineteenth Century

4.4 Moral Ambiguities and International Legal Theory

4.5 The Origins of Multilateral Opium Suppression and Extraterritoriality

4.6 Early Twentieth-Century International Legal Theory: Between Extraterritoriality and the Opium Scourge

4.7 Conclusion

5 China's Early Insertion in International Law Through the Protection of Its Nationals Abroad

5.1 Introduction

5.2 China's Obligations to Protect Foreign Nationals as a Form of Subjection

5.2.1 The International Law of 'Aliens' and Mob Violence in an Imperial Context

5.2.2 Mob Violence and the 'Rank' of Qing

5.2.3 The Gradual Embrace By China of Its Diaspora

5.3 The Rock Springs Massacre Case

5.3.1 Zheng Zaoru's Investigation

5.3.2 The Chinese Case for Reciprocity

5.3.3 The US Response

5.4 The Assertion of Protection and Sovereignty Building Through Expatriate Nationals: An Assessment

5.5 Conclusion: Legacies of Qing Protection of Chinese Abroad

6 Lost and Found in Translation

6.1 Introduction

6.2 Imagined Universal Community and Jus Gentium Universale (The Extension of Natural Law)

6.3 From Cosmopolitanism to Voluntarism: Vattel

6.4 Fall of Voluntarism: British Imperialists' Conception of International Law in the Sino-Anglo Opium War and the Repositioning of Celestial China in the International Legal System

6.5 Wheaton's International Law and Historicism

6.6 A Conception of Universalist Public Law Accepted Through the Translation in Modern China

6.7 Conclusion

7 'Unequal' Relations Between China, Korea, and Japan

7.1 Introduction

7.1.1 Japan and the Traditional East Asian World Order

7.1.2 Structure of This Chapter.

7.2 The 1895 Treaty of Shimonoseki Between China and Japan

7.2.1 Treaty Negotiations Between Li and Itō: Four Different Minutes

7.2.2 The Cession of Formosa

7.2.3 The Status of Korea in Modern Western International Law

7.3 Equality Among East Asian Countries From the Perspective of an Extradition Treaty

7.3.1 Regulations of Handling a Japanese Fisherman Who Committed a Crime On the Korean Coast Agreed Upon Between Korea and Japan in 1883

7.3.2 US-Japan Extradition Treaty in 1886

7.3.3 The 1896 Treaty of Commerce and Navigation Between China and Japan

7.4 Concluding Remarks

8 A History of Italian Colonialism in China at the Turn of the 20th Century

8.1 Introduction

8.2 From the Occupation to the Lease Agreement: The Origin of an Italian Concession

8.3 The Italian Legal Debate On the Nature of the Chinese Concession

8.4 Toward Fascism: The Legal Evolution of the Italian Concession

8.5 Conclusion

9 China, the Western Standard of Civilization, and The Hague Peace Conferences of 1899 and 1907

9.1 Introduction

9.2 Hague: Under the Banner of Civilization

9.3 China's Participation in the First Hague Peace Conference

9.4 China's Participation in the Second Hague Peace Conference

(1) Allocation of Justices

(2) Obligatory Arbitration

9.5 Conclusion: The 'Gate' of Civilization

Part III International Law in China During the Republican Period

10 The Republic of China and the League of Nations

10.1 Introduction

10.2 China and the Formation of the League

10.2.1 The Great War and the Remaking of Chinese Statehood

10.2.2 Forming Unified Stances

10.3 China Within the League

10.3.1 Achieving Integration

10.3.2 Resistance and Future-Oriented Initiatives

10.4 China in the League's Collapse and Reconstruction

10.4.1 International Law During a Time of Crisis.

10.4.2 Envisioning Postwar Legal Architecture

10.5 Conclusion

11 Professionalizing International Law in China During the Republican Period

11.1 Introduction

11.2 Transforming International Law in the Qing Dynasty and Republican China

11.2.1 International Law as an Academic Discipline

11.2.2 Professional Jurists and Diplomats

11.2.3 International Law Societies

11.2.4 International Mixed Court

11.3 International Law in Chinese Foreign Policy

11.3.1 Dealing With "Unequal Treaties"

11.3.2 Legal Battles Against Japanese Aggression

11.3.3 Founding the UN and Participating in International Tribunals

11.4 Conclusion

12 The Introduction of Soviet International Law Theory in China

12.1 Introduction

12.2 China and Western International Law Theory Before the PRC Era: A Short Story

12.3 The Turn to Marxism: The Introduction of Soviet International Law Theory in China During the 1950s and 1960s

12.3.1 Background

12.3.2 How Soviet International Law Theory Was Introduced in China

12.3.3 What Was Introduced in China: Translations

12.4 The Impacts of Soviet International Law Theory On China

12.4.1 General Observation

12.4.2 A Case Study: Zhou Gengsheng's International Law (1976)

12.5 The Legacy of Soviet International Law Theory in China

12.6 Conclusion

13 In the Garden of Gethsemane

13.1 Introduction

13.2 International Law as a Useful Tool With an Inherent Tension: Unequal Treaties

13.2.1 The US' Cautious Interplay With Chinese Republicanism and Its Reception in Chinese Circles

13.2.2 The Principle and Practice of Extraterritoriality in Sino-US Relations

13.3 The Open Door Policy: A Checkered Provenance

13.4 The End of the Beginning: Representation at the UN

13.5 Conclusions

Part IV International Law in China From the New China to the Opening-Up and Reform Process.

14 China's International Law and the Third World During the Revolutionary Period (1949-1978)

14.1 Introduction

14.2 A Revolutionary Spirit for the Wretched of the Earth (1949-1952)

14.3 Peaceful Coexistence Takes Centre Stage (1953-1957)

14.4 The Sino-Soviet Split and China's Quest for Leadership of the Third World (1958-1965)

14.5 The Cultural Revolution Takes Centre Stage (1966-1969)

14.6 China's Gradual Reintegration in the International Legal and Institutional Order (1969-1978)

14.7 Conclusions: The Past Lives in the Present

15 China, the Cold War, and International Law

15.1 Introduction

15.2 Embrace of Communism With a Revised Approach to International Law

15.2.1 Lean to One Side: The Common Programme and International Law

15.2.2 The Sino-Soviet Treaty and Its Impact On China's Approach to International Law

15.3 Changing Chinese Discourse On International Law During the Cold War: From Revolutionary Radicalism to Legal Rationalism

15.4 Creating the Five Principles During the Cold War and Its International Law Implications

15.5 Chinese State Practice On Territorial Disputes During the Cold War: A Case Study

15.5.1 PRC Practice in Addressing Territorial Disputes

15.5.2 The Consistency of Considerations in the Chinese Approach to Territorial Disputes During the Cold War

15.6 China-Third World Relations: Implications in International Law

15.6.1 From the 'Intermediate Zone' to the 'Three Worlds': Mao Zedong's Conceptualization of Global Politics

15.6.2 Promoting the Five Principles in the Bandung Conference

15.6.3 Anti-Imperialism, Anti-Colonialism, and China's Short-Lived 'Export of Revolution'

15.6.4 The New International Economic Order

15.7 Concluding Remarks

16 Towards a Principle-Based International Order? The Origin of China's International Law Vocabulary in the 1950s-1960s.

16.1 Introduction.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-888839-2

9780198888390

OCLC:

1569729785