Chinese Intellectuals’ Discourse of International Law in the Late Nineteenth and Early Twentieth Centuries

2018 ◽  
Author(s):  
Tian Tao
Keyword(s):  
International Relations ◽  
International Law ◽  
World Order ◽  
Turn Of The Century ◽  
Liang Qichao ◽  
The Press ◽  
Confucian Values ◽  
History Of ◽  
Chinese Intellectuals ◽  
Industrial Strength

This chapter focuses on the history of the period from the 1860s to the fall of the empire in 1911–12. The chapter details through minute analysis of books, journals, and the press, the extent to which the wider Chinese community distanced itself from any belief that Confucian values could be matched by Western international law that could have a simple ethical foundation. All that counted in international relations was military power, and the industrial strength which grounded it. Confucian ideals of world order, above all Kang Youwei’s, were too idealist. The other great intellectual of the turn of the century, Liang Qichao, believed that international law was a product of power.

Japanese Modernization and the Emergence of New Fictwn in Early Twentieth Century China: A Study of Liang Qichao

1995 ◽  
Vol 29 (4) ◽  
pp. 817-840 ◽  
Author(s):  
Hiroko Willcock
Keyword(s):  
Chinese Literature ◽  
Small Circle ◽  
Late Qing ◽  
The Qing Dynasty ◽  
Liang Qichao ◽  
The People ◽  
History Of ◽  
Chinese Intellectuals ◽  
Artistic Quality

Inspired by Japanese influences among others the late Qing period saw a great surge in the writing of fiction after 1900. The rate of growth was unprecedented in the history of Chinese literature. The great surge coincided with rapid socio-political changes that China underwent in the last fifteen years of the Qing Dynasty. At the psychological level, the humiliating defeat by Japan in 1895 gave rise to a feeling of urgency for reform among some progressively minded Chinese intellectuals. Those reformers came to view fiction as a powerful medium to further their reform causes and to arouse among the people the awareness of the changes they believed China most urgently required. Fiction was no longer considered as constituting insignificant and trivial writings. It was no longer the idle pastime of retired literati composed to entertain a small circle of their friends, or written by a discontented recluse to vent a personal grudge through a brush. The role of fiction came to be defined in relation to its utility as an influence on politics and society and its artistic quality was subordinated to such a definition.

The Justification of War and International Order

2021 ◽  
Keyword(s):  
International Relations ◽  
Early Modern ◽  
International Law ◽  
Use Of Force ◽  
International Order ◽  
Frame Of Reference ◽  
Pertinent Literature ◽  
Modern Times ◽  
History Of ◽  
Early Modern Times

The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. The book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present. It comprises contributions from International Law, History and International Relations and from Western and non-Western perspectives.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

American diplomatic history and international thought: a constitutional perspective

2017 ◽  
Vol 31 (3) ◽  
pp. 322-340 ◽  
Author(s):  
David C Hendrickson
Keyword(s):  
International Relations ◽  
Domestic Politics ◽  
World Order ◽  
The United States ◽  
Vital Role ◽  
Diplomatic History ◽  
American Founding ◽  
History Of ◽  
Point Of Departure ◽  
International Thought

This essay offers a constitutional perspective on the American encounter with the problem of international order. Its point of departure is the American Founding, a subject often invisible in both the history of international thought and contemporary International Relations theory. Although usually considered as an incident within the domestic politics of the United States, the Founding displays many key ideas that have subsequently played a vital role in both international political thought and IR theory. The purpose of this essay is to explore these ideas and to take account of their passage through time, up to and including the present day. Those ideas shine a light not only on how we organize our scholarly enterprises but also on the contemporary direction of US foreign policy and the larger question of world order.

scholarly journals Relationship between international law and religion

Globus ◽  
2020 ◽  
Author(s):  
H. Mammadov ◽  
◽  
Zh. Mammadova ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Detailed Analysis ◽  
Mutual Influence ◽  
First Century ◽  
Basic Principles ◽  
History Of ◽  
Twenty First Century ◽  
History Of International Law

This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out

scholarly journals International Relations of Medieval Europe in Works of D. I. Kachenovskiy (1827–1872)

2019 ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Middle Ages ◽  
Research Work ◽  
Basic Research ◽  
Positive Influence ◽  
Substantial Impact ◽  
Feudal Society ◽  
History Of ◽  
The Middle Ages

The article dwells on reaearch and academic activity of D. I. Kachenovskiy at Kharkiv University. His contribution is shown to the study of international relations history at Middle Ages. It is emphasized that we are quite right to call D. I. Kachenovskiy one of most prominent Ukrainian experts in this field, despite his certain idealization of feudal society. Main teaching subjects of D. I. Kachenovskiy were international law and state law of European powers. The basic research work by D. I. Kachenovskiy became his doctoral thesis «On Privateers and Prize Proceedings Relative to Neutral Merchandise» (1855) which became widely known both in Russian Empire and Europe. D. I. Kachenovskiy admitted the appropriateness of privateering, characterized its essence and shared the opinion of well-known French scholar J.-M. Pardessus that charter by Aragon king Alfonso III of 1288 had been the first legislative act relating to privateering. The first period in European privateering history when “naval war was almost indistinguishable from piracy” lasted, by the scholar’s opinion, up to the end of XVI century. His «Course in International Law» was published in 1863, though unfinished, and embraced the antiquity as well as Middle Ages. The concept of international law development in the Middle Ages as proposed by D. I. Kachenovskiy included several basic elements. Those are: admission of the tremendous contribution of Christian Church, Roman Popes and German Emperors in elaboration of this law, influence of public order and national character of German tribes, as well as statement of general détente of mores and international tension in the Middle Ages under the effect of above-cited factors. The scholar emphasized positive influence of knighthood on customs of war and international relations. Medieval international law, history of privateering and trade, social-political and cultural life of Florence and effect of internal factors on its development were the main lines in research of the scientist. Works by D. I. Kachenovskiy exerted the substantial impact not only on students, but on his colleagues as well, and his scientific treatments mostly sustained time exam.

Historiographies of International Law from a Chinese Perspective

2021 ◽  
Author(s):  
Maria Adele Carrai
Keyword(s):  
International Law ◽  
World Order ◽  
Global History ◽  
Global Power ◽  
Chinese Perspective ◽  
The Future ◽  
History Of ◽  
Chinese Scholars ◽  
History Of International Law ◽  
Selection Of

One objective of the emerging global history of international law is to broaden its scope in an attempt to overcome Eurocentrism. In this context, China, not only as an emerging global power that can influence the creation of the normative principles grounding the future world order, but also with its history of international law, offers a counter-teleology to the classic progress narrative of international law understood as a science. This article presents a critical summary and analysis of the approaches of a selection of Chinese scholars to the history of international law. The current debates seem to be closely linked to a new conception of modernity that does not correspond with the Western conception. The Chinese perspective, in this sense, can help broaden the history of international law, especially when that history claims to be global.

Re-imagining International Relations

2021 ◽  
Author(s):  
Barry Buzan ◽  
Amitav Acharya
Keyword(s):  
International Relations ◽  
World Order ◽  
Global History ◽  
Islamic World ◽  
Multiple Origins ◽  
Collective Actors ◽  
The World ◽  
History Of

Buzan and Acharya challenge the discipline of International Relations to reimagine itself in the light of the thinking about, and practice of, international relations and world order from premodern India, China and the Islamic world. This prequel to their 2019 book, The Making of Global International Relations, takes the story back from the two-century tale of modern IR, to reveal the deep global history of the discipline. It shows the multiple origins and meanings of many concepts thought of as only modern and Western. It opens pathways for the rest of the world into this most Eurocentric of disciplines, encouraging them to bring their own histories, concepts and theories with them. The authors have written this book with the hope of inspiring others to extend these pathways by bringing in a wider array of cultures, and exploring how they thought about and acted in worlds composed of multiple, independent, collective actors.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

The Justification and Critique of Coercion as World Order Politics

2021 ◽  
pp. 489-500
Author(s):  
Christopher Daase ◽  
Nicole Deitelhoff
Keyword(s):  
International Relations ◽  
International Law ◽  
Use Of Force ◽  
World Order ◽  
International Order ◽  
Physical Force ◽  
Coercive Measures ◽  
Economic Coercion ◽  
Normative Expectations

The present chapter turns from the justification of war (the use of force) to the justification of coercion. It proceeds on the assumption that to stabilize the current international order requires less ‘legitimate force’ and more ‘legitimate coercion’ since in most institutions the enforcement of norms—as the very basis of order—does not only or even primarily rely on physical force but on various forms of political and economic coercion. The chapter distinguishes various forms of coercion and reconstructs debates in International Law and International Relations with regard to their legality, legitimacy, and effectiveness. Doing so, Christopher Daase and Nicole Deitelhoff intend to broaden the debate on world order by redirecting the focus from the use of force to the use of less violent coercive measures. Specifically, the chapter introduces a concept of sanction as a means of communicating normative expectations to the normative community rather than executing punishments.

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