In this meticulously researched volume, Vincent Chang resurrects a near forgotten yet pivotal chapter of Dutch-Chinese ties to narrate how World War II, the civil war in China, and Indonesia’s decolonization redefined and remade this age-old bilateral relationship.
Drawing on a unique range of hitherto unexplored archives, the book explains how China’s nascent rise on the global scene and the Netherlands’ simultaneous decline as a colonial power shaped events in Dutch-controlled Indonesia (and vice versa) and prompted a recalibration of their mutual ties, culminating in the Netherlands’ recognition of the People’s Republic and laying the foundations for Dutch and Chinese policies through to the present.
Offering insightful analyses of power dynamics and international law at the close of empire, this book is a critical resource for historians and China specialists as well as scholars of international relations.
Global Governance, Conflict and China sheds a unique perspective on China’s normative behaviour in the realm of collective security, peacekeeping, arms control, the war on terror and post-conflict justice. This analysis engages with an Asian epistemological framework whose relational thought borrows from the context – space and time alike – that informs China’s principle-driven conduct on the international plane. Through the lens of relational governance, this work develops a new theory on the relational normativity of international law (TORNIL) that identifies the interdependent sources that underpin China’s international legal argument, i.e. norms, values and relationships. Without a fertile soil in which those conflicting relationships between share- and stakeholders can be rebuilt, international laws governing (post-conflict) violence cannot restore and maintain peace, humanity and accountability.
Language policy can promote stability. For many individuals and groups, language is a key component of identity, and threats to it can raise tensions. Respect for linguistic rights, whilst also considering a state’s need to maintain cohesion, reduces conflict potential. The OSCE High Commissioner on National Minorities promotes functional solutions to such contentious issues, and the Oslo Recommendations regarding the Linguistic Rights of National Minorities address these challenges. This book analyses the components of a balanced legal and policy framework on language use, with a view to preventing conflict. In addition to reviewing the work of the OSCE HCNM in this area, it also draws upon the expertise of other international organisations and leading academics working in this field.
Given their relationship to political rhetoric, myths of the Cold War certainly matter today; the legal field is no exception. Although Cold-War studies remains a blooming field, its legal dimensions have not been sufficiently developed. Only recently have legal scholars begun to embark upon research in law and the Cold War and how this area is regarded nowadays, both explicitly and implicitly. Preliminary results show that, on both sides of the Iron Curtain, knowledge of law of the ‘Other’ was encapsulated within two main frameworks: ideological and pragmatic. How did these approaches interrelate and influence one another? Can pure knowledge strictly be divided from contextual conditions? The chapters in this volume present retrospective accounts of actors who have been involved in the circulation of knowledge through the Curtain and, also, research on recent political and legal phenomena echoing the Cold-War discourse.
Contributors: Jane Henderson, Albert J. Schmidt, Zlata E. Benevolenskaya, Leena Lehtinen, Boris N. Mamlyuk, William Partlett, Paul B. Stephan
Since the end of the Cold War, Northeast Asia has been one of the most dynamic and dangerous parts of the world. Encompassing Japan, the People’s Republic of China, and North and South Korea, the region has undoubtedly acquired a greater global geopolitical and economic significance in recent years. Now home to two of the three largest economies in the world, with the exception of North Korea, all of the countries in the region experienced rapid economic development which has resulted in Northeast Asia accounting for one-fifth of world production, one-sixth of world trade, and one-half of the world’s foreign currency reserves. This great economic dynamism is complemented by the tremendous political forces that animate the region, such as China’s ascendency to a global power challenging the United States and the European Union, tensions over nuclear weapons on the Korean peninsula, and Japan’s desire to validate itself as a legitimate international force with a permanent seat on the UN Security Council.
All of these modern issues faced by the region are matters of international law.
Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges contends that international law is not only poised to take a bigger role in bringing about a resolution to these questions, but international lawyers of the region are working to bring about greater regional cooperation and integration as seen in other regions in the world. This edited volume was inspired by the first joint international academic conference of international lawyers from the Chinese Society of International Law, Japanese Society of International Law, and Korean Society of International Law which took place in Seoul, Korea on July 3, 2010. With a range of timely topics including, but not limited to, North Korean human rights, the South China Sea, and Japan’s efforts in UN peacekeeping operations, the esteemed contributors to
Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges examine how international law can promote peace and justice in Northeast Asia.
Legal scholars, students of international law and international relations, policymakers and historians will find
Northeast Asian Perspectives on International Law: Contemporary Issues and Challenges to be an invaluable resource.
Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law.
Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations.
Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice
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 State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.
In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.