scholarly journals Determining Diasporic Chinese Identities from a Legal Perspective in China

2019 ◽  
Vol 15 (2) ◽  
pp. 258-285
Author(s):  
Guofu Liu (刘国福) ◽  
Qian Zhu (朱倩)
Keyword(s):  
Empirical Research ◽  
Legal System ◽  
Legal Status ◽  
Legal Issues ◽  
Chinese Diaspora ◽  
Chinese Government ◽  
Overseas Chinese ◽  
Ethnic Chinese ◽  
Legal Perspective ◽  
Rights And Interests

Abstract The Chinese diaspora broadly includes the groups of huaren (华人, ethnic Chinese of different nationalities), huaqiao (华侨, overseas Chinese who are Chinese citizens overseas), guiqiao (归侨, returned overseas Chinese), and qiaojuan (侨眷, relatives in China of overseas Chinese). In the Chinese legal system, the determining of Chinese diasporic status is an important issue in the Chinese diaspora law, as it pertains to the protection of diaspora rights and interests by governmental authorities. The diaspora law in China identifies Chinese diasporic status and grants rights and duties according to nationality and residential qualifications but does not consider the actual contact between the Chinese diaspora and China. This has caused substantive legal procedural issues regarding the confirmation of the legal identity of Chinese diaspora and the issuing of relevant certifications both in China and abroad. These legal issues have presented significant challenges for the Chinese government in its efforts to engage with and manage the Chinese diaspora and it has created a bureaucratic barrier to the protection of their rights and interests. This paper aims to explore the current issues in determining the legal status of the Chinese diaspora, to critically review relevant laws, policies, and empirical research, and to suggest possible solutions for improving diaspora law in the legal system.

Guiqiao (Returned Overseas Chinese) Identity in the prc归侨的认同意识

2014 ◽  
Vol 10 (2) ◽  
pp. 239-262
Author(s):  
Caleb Ford
Keyword(s):  
Southeast Asia ◽  
Legal Status ◽  
Southern China ◽  
Chinese Society ◽  
Overseas Chinese ◽  
Chinese Identity ◽  
Republic Of China ◽  
Ethnic Chinese ◽  
Factors Influencing ◽  
Party State

Beginning in the early 1950s there were tens of thousands of ethnic Chinese who chose to ‘return’ to the People’s Republic of China (prc). Until fairly recently, little attention has been given to the approximately 600,000 ethnic Chinese who chose to immigrate to China from locations throughout Southeast Asia, as well as further afield in the first few decades after the founding of theprc. There were many factors influencing their migration to a country that many had never stepped foot on. However, it is clear that the Chinese state made a concerted attempt to rally the support (capital and immigration) of overseas Chinese communities. Many of the returnees were resettled on one of dozens of ‘Overseas Chinese Farms’ (huaqiao nongchang) scattered throughout the provinces of southern China. Outside of China they were considered ‘Chinese’ and foreign, juxtaposed against the local or ‘indigenous’ identities that had taken shape in tandem with the independence of former colonies in Southeast Asia and the rise of modern nationalism. Upon their ‘return’ to what was, for many, an imagined ancestral homeland — a country many of them had never seen — they were confronted with a different type of discrimination and suspicion than they faced ‘abroad’. This was despite, and in some cases because of, certain favorable policies enacted by the party state to assist in their relocation and assimilation into society. Ironically, some of the same policies that sought to gradually assimilate them into Chinese society actually reinforced their position as ‘permanent outsiders’: the creation of an official ‘huaqiao’ legal status; institutionalized segregation in the form ofhuaqiao nongchang, huaqiao villages, andhuaqiao schools; and a resultant pariah status that did not begin to recede until after the reforms of the late 1970s. While the concept of ‘huaqiao’ (overseas Chinese sojourners) was falling out of use among Chinese communities abroad, the word was taking on a new meaning in theprc, both for the Chinese party state, and for those who would come to self-identify ashuaqiao/guiqiao.

THE BASIS OF A LEGAL SYSTEM IN THE GERMAN COLONIES

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 171-183
Author(s):  
Grzegorz Kuźnik
Keyword(s):  
Detailed Analysis ◽  
Legal System ◽  
Legal Status ◽  
Legal Order ◽  
Legal Issues ◽  
Legal Basis ◽  
German Empire ◽  
The Third ◽  
States Of Emergency ◽  
Fourth Part

The aim of this article is to present the basis of the legal order in force in the Ger¬man Empire colonial areas. The first two parts of the article outline the international conditions for the development of German colonies, and the legal basis of their establishment. The third part discusses the legal status they had in the German legal order. Here the author thoroughly analyses the legal solutions employed for the states of emergency. The fourth part presents the legal issues concerning the loss of colonies. The article includes the analysis of the provisions of the German Empire Constitution of 1871, which were applied when the colonial areas were formed. The paper also discusses other legal acts. Furthermore, the emperor’s orders for declaring the states of emergency were part of the detailed analysis. The paper also explored the attainment of German doctrine, which studied the particular legal issues in depth.

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

A Special Intermittence and Continuity in Local History: The Chinese Diaspora and Their Hometown in Battlefield Quemoy during 1949-1960s

2011 ◽  
Vol 7 (2) ◽  
pp. 169-186 ◽  
Author(s):  
Chiang Bo-wei
Keyword(s):  
Cold War ◽  
Local History ◽  
The State ◽  
Chinese Diaspora ◽  
Overseas Chinese ◽  
Military Rule ◽  
Close Attention ◽  
Community Power ◽  
The Military ◽  
The Relationship

Abstract From 1949, Quemoy became the battlefront between the warring Nationalists and Communists as well as the frontline between Cold War nations. Under military rule, social and ideological control suppressed the community power of traditional clans and severed their connection with fellow countrymen living abroad. For 43 long years up until 1992, Quemoy was transformed from an open hometown of the Chinese diaspora into a closed battlefield and forbidden zone. During the war period, most of the Quemoy diasporic Chinese paid close attention to the state of their hometown including the security of their family members and property. In the early 1950s, they tried to keep themselves informed of the situation in Quemoy through any available medium and build up a new channel of remittances. Furthermore, as formal visits of the overseas Chinese were an important symbol of legitimacy for the KMT, Quemoy emigrants had been invited by the military authority to visit their hometown since 1950. This was in fact the only channel for the Chinese diaspora to go home. Using official files, newspapers and records of oral histories, this article analyzes the relationship between the Chinese diaspora and the battlefield, Quemoy, and takes a look at the interactions between family and clan members of the Chinese diaspora during 1949-1960s. It is a discussion of a special intermittence and continuity of local history.

The “Greater East Asia Co-prosperity Sphere”: A New Boundary for Taiwanese People and the Taiwanese Capital, 1940–1945 (臺灣人的對外移民與投資, 1940–1945)

2016 ◽  
Vol 10 (2) ◽  
pp. 175-206 ◽  
Author(s):  
Man-houng Lin (林滿紅)
Keyword(s):  
East Asia ◽  
East Asian ◽  
Asia Pacific ◽  
Overseas Chinese ◽  
Pacific War ◽  
Ethnic Chinese ◽  
Different Types ◽  
Taiwanese People ◽  
Overseas Investment ◽  
Direction Opposite

This article deals with Taiwanese civilian emigration and overseas investment in the period of 1940–1945 when Japan engaged the Greater East Asian War. Taiwan in general, and some Taiwanese in particular, helped the reconstruction of Japanese occupied areas in this war. Overseas Taiwanese mainly worked as employees for Japanese stores, companies, mines, plantations, and Japanese government offices, but also opened stores, factories, plantations and banks by themselves. As overseas ethnic Chinese, the Taiwanese civilian emigrants examined in this paper moved in the direction opposite that of other overseas Chinese holding Chinese nationality. The Taiwanese populace expanded overseas to Greater East Asia, while Chinese nationals withdrew from this area and returned to China. Thus, this paper will illustrate how the phrase, “people should fight for their country,” bore different meanings for these two different types of overseas Chinese in the Asia-Pacific War theater of wwii. 1930至40年代，中日學者曾就華僑的定義進行討論。吳主惠將華僑定義為定居於海外的中國人及其後裔，不包括駐外政府官員和留學生。吳氏認為華僑的最嚴格定義，是指定居海外但仍保有中國國籍者。1933年日本大藏省為替局統計臺灣地區約有46,000至47,000名華僑，便是依據這樣的定義。吳氏指出，在此嚴格定義下，華人後裔如不具中國國籍者，便非華僑。另有一種較為寬鬆的定義是: 無論是否具中國國籍，凡定居或曾赴海外的中國人及其後裔皆為華僑，井出季和太即持此見。關於日本統治臺灣時期的臺灣人國籍，根據日本大藏省為替局的解釋，由於馬關條約簽訂後的二年內，臺灣人得自由決定離去與否，留下臺灣者為日本國民。這些成為日本國民的臺灣人或其祖先曾具有中國國民的身分，因而1933年的340萬臺灣人也被視為較寬定義下的華僑。在日本建構所謂的「大東亞共榮圈」時期 (1940–1945)，許多不具軍人身分的臺灣人向海外移民或投資，與之相反的是，擁有中國國籍的華僑在此時期則多回歸故里。在大東亞戰爭時期的華人，由於出身不同，「為國而戰」一詞對於他們的意義也因而分歧。 (This article is in English.)

scholarly journals The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

China FDI Booms but Problems Persist for FIEs

2017 ◽  
Vol 18 (1) ◽  
pp. 70-100
Author(s):  
M. Foster ◽  
Choo Shin Tseng
Keyword(s):  
Foreign Direct Investment ◽  
Legal System ◽  
Direct Investment ◽  
Regulatory System ◽  
Chinese Diaspora ◽  
Chinese Firms ◽  
Regulatory Frameworks ◽  
China Market ◽  
Trade And Investment

China has become one of the major recipients of foreign direct investment since Chairman Deng determined in 1978 that China’s economic door should be opened, for both trade and investment. Despite the fact that there is now over thirty years of accumulated knowledge and experience of this new, open China market on which to draw, there are cases where it has proved difficult to deal with China as partners due to legal and regulatory frameworks operating in China. This is true not only for western-based, non-Chinese firms but also for firms from the Chinese diaspora. We examine a number of such problematic cases, seeking to understand the roots of the problems experienced by the foreign entities and what may be the solutions. All of the case firms experienced difficulties to some degree with the Chinese legal system, the regulatory system, or what might be called tacit regulation, where investing firms have difficulty with other firms such as suppliers who are not part of the legal, or quasi legal system, but have effects on the investors which seem to have the tacit support or approval of government. The experience of these case firms confirms the picture that it is hard for foreign directed entities to win legal or regulatory battles in China.

Can the Chinese Diaspora Speak?

2021 ◽  
pp. 127-142
Author(s):  
Qiao Collective
Keyword(s):  
Liberal Democracy ◽  
Political Discourse ◽  
Chinese Diaspora ◽  
Overseas Chinese ◽  
The Face ◽  
Discursive Context ◽  
Red Guards

The Chinese diaspora is compelled either to prostrate to an edifying project of assimilation to U.S. liberal democracy, or be branded as illiberal "Red Guards" unfit for serious political discourse. This discursive context has long mobilized overseas Chinese to affirm the universalism of Western liberalism in opposition to a Chinese despotism defined either by dynastic backwardness or communist depravity. Can overseas Chinese speak for themselves in the face of the West's "hegemonic right to knowledge?" Or will all such speech that challenges U.S. presuppositions of liberal selfhood and Chinese despotism simply be tuned out as illiberal noise?

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