Contemplating the Future of Collective Security in East Asia

2013 ◽  
Vol 1 (1) ◽  
pp. 84-91
Author(s):  
Nanako Shimizu
Keyword(s):  
East Asia ◽  
International Law ◽  
20Th Century ◽  
East Asian ◽  
Security System ◽  
Collective Security ◽  
East Asians ◽  
National Sovereignty ◽  
Academic Literature ◽  
Peace And Security

Abstract It is quite often argued in the legal and political literatures that Asian nations tend to be more protective of their national sovereignty and thus are often reluctant to follow universal rules or principles provided in international legal materials and texts. Does this “conservative” image of Asian nations correctly reflect the national practices and academic literature of East Asian nations? How do we East Asians perceive the UN collective security system invented at the price of two catastrophic world wars in the 20th century? And why do East Asians need international law to keep peace and security in this region? By trying to find answers to these questions, this article contemplates what role international law will be able to play for the maintenance of peace and security in East Asia.

Conference, Arbitration and the Triple Intervention of 1895: Relevance of the Western Ways of Dispute Settlement in East Asia

2013 ◽  
Vol 1 (1) ◽  
pp. 65-83
Author(s):  
Iwao Fujisawa
Keyword(s):  
East Asia ◽  
International Law ◽  
Dispute Settlement ◽  
East Asian ◽  
Peace Process ◽  
Legal Institutions ◽  
East Asians

Abstract This article attempts to understand how East Asian nations dealt with the norms and concepts of Western international law and for that purpose takes up the peace process of the Sino-Japanese War. It argues that in that incident neither China nor Japan passively accepted the methods of dispute settlement developed in Western international law and that rather those countries tried to pick and choose among the legal institutions of that law according to their respective interests. This article concludes that the incident suggests Western international law was not immune to changes through the interaction between Europeans and East Asians in the process of its expansion.

scholarly journals East Asia in Slovenia

Asian Studies ◽  
2021 ◽  
Vol 9 (3) ◽  
pp. 7-18
Author(s):  
Nataša Vampelj Suhadolnik
Keyword(s):  
East Asia ◽  
20Th Century ◽  
East Asian ◽  
Special Issue ◽  
Asian Studies ◽  
History Of ◽  
Specific Position

This special issue of Asian Studies aims to contribute to the field of European global collecting history by opening new vistas in order to readdress some of the unexplored topics. By presenting East Asian material in Slovenia and reconstructing the intercultural contacts between the two territories, it sheds light on the specific position of the Slovenian territory in the history of Euro-Asian exchanges on the threshold of the 20th century.

International Child Sex Tourism: Enhancing the Legal Response in South East Asia

2011 ◽  
Vol 19 (1) ◽  
pp. 55-79 ◽  
Author(s):  
Afrooz Kaviani Johnson
Keyword(s):  
East Asia ◽  
International Law ◽  
East Asian ◽  
Sexual Exploitation ◽  
South East Asia ◽  
Sex Tourism ◽  
National Legislation ◽  
Minimum Standards ◽  
Legal Response ◽  
International Child

AbstractSouth East Asia has earned the dubious reputation of being the world's prime child sex tourism destination. While a number of commentators have analysed extra-territorial legislation in the home countries of travelling child sex off enders, this article assesses the laws in the South East Asian destination countries in order to stimulate debate and action on much-needed reform. Unfortunately, few provisions in national legislation specifically address child sex tourism as a distinct form of sexual exploitation. To enhance the legal response to this abhorrent crime, it is recommended that national legislation directly address child sex tourism. Further, given the transnational nature of the crime, the Association of South East Asian Nations (ASEAN) should urgently adopt a multinational approach that synchronises national legislation and complies with, or exceeds, the minimum standards prescribed by international law.

scholarly journals Revenge of Geopolitics: Rise of China and the Confines of Asian Econophoria

2016 ◽  
Vol 17 (1) ◽  
pp. 155-175
Author(s):  
Richard Javad Heydarian
Keyword(s):  
International Relations ◽  
East Asia ◽  
20Th Century ◽  
Regional Integration ◽  
East Asian ◽  
International Relations Theory ◽  
Regional Security ◽  
Security Architecture ◽  
The Past ◽  
Rise Of China

The paper examines the evolution of the Asian regional security architecture in the past three decades, evaluating relations between China and its neighbors, and considering various approaches in International Relations theory. First, the paper examines the assumptions of liberal institutionalism in the context of “econophoria,” assessing its merits in East Asia. Second, the paper addresses China and its relations with the East Asian neighborhood in the latter decades of the 20th century. Third, the paper examines growing territorial tensions between China and its neighbors in the past decade -- and how this undermines regional security and regional integration. Lastly, the paper evaluates the contributions of alternative IR theories such as realism and constructivism in providing a better understanding of China’s new assertiveness.

scholarly journals The Collective Security System and the Enforcement of International Law

2016 ◽  
Author(s):  
Jean d'Aspremont
Keyword(s):  
United Nations ◽  
International Law ◽  
Security System ◽  
Epistemic Community ◽  
Current Understanding ◽  
Collective Security ◽  
Self Help ◽  
Vague Concept

This chapter examines the extent to which the collective security system contributes to the enforcement of international law. The discussion begins by revisiting the theoretical debates about the role of enforcement in the current understanding of international law, with particular reference to John Austin’s imperatival handicap of international law. The chapter then considers how the move towards a centralized collective security system dismantled the position of self-help as a primary tool for the enforcement of international law. It also analyses the varying enforcement functions that have been conferred by international lawyers on the enforcement of international law, United Nations law, and peace, or the enforcement of the vague concept of justice conveyed by the UN Charter. Finally, it offers some epistemological observations on the place of enforcement in the ethos of the epistemic community of international law.

scholarly journals The League of Nations and the Power of “Experiment Narratives” in International Institutional Law

2020 ◽  
Vol 22 (3-4) ◽  
pp. 275-290
Author(s):  
Jean d’Aspremont
Keyword(s):  
International Law ◽  
20Th Century ◽  
21St Century ◽  
International Institutions ◽  
League Of Nations ◽  
Global History ◽  
Collective Security ◽  
Legal Literature ◽  
Legal Discourses ◽  
The Law

Abstract This article engages with the image of the League of Nations as an experiment in international law and the law of international institutions. This image populates international legal literature of the second half of the 20th century and of the 21st century. It corresponds to what is called here the “experiment narrative” about the League. Many of the claims made about international institutional law, collective security and international institutions in international legal discourses are informed by this specific narrative. Drawing on the “experiment narratives” about the League, this article shows that “experiment narratives” in international law constitute a common tool for international lawyers to uphold a progressive and linear global history and to organize their discourses.

Big government sentiment and support for protectionism in East Asia

2017 ◽  
Vol 40 (1) ◽  
pp. 73-89
Author(s):  
Wen-Chin Wu
Keyword(s):  
East Asia ◽  
East Asian ◽  
Developmental State ◽  
Policy Preference ◽  
Trade Policies ◽  
Economic Factors ◽  
Third Wave ◽  
East Asians ◽  
The Third ◽  
Individual Preferences

While previous studies find that individual preferences for trade policies are shaped by economic and non-economic factors, it is still unclear whether people’s perception of their government’s role in citizens’ lives affects their attitudes toward free trade. In view of the “developmental state” legacy in East Asia, I investigate how the “big government sentiment” in East Asians’ mindset is associated with their support for protectionism. Based on the data of the third-wave Asian Barometer Survey conducted during 2010 and 2012, I find that when people think that government should bear a major responsibility for the wellbeing of its people, they are more supportive of protectionist policies. This finding contributes to studies of East Asian political economy as well as the formation of individual trade policy preference.

scholarly journals Solidarity as a Principle of International Law: Its Application in Consensual Intervention

2019 ◽  
Vol 6 (2) ◽  
pp. 333
Author(s):  
Themistoklis Tzimas
Keyword(s):  
International Law ◽  
Human Security ◽  
Fundamental Principle ◽  
Collective Security ◽  
International Peace ◽  
Balanced Approach ◽  
The People ◽  
Peace And Security ◽  
Domestic Law ◽  
Actual Control

The article analyses solidarity as a principle of international law, in relation to consensual intervention. The main point of the article is that solidarity constitutes a fundamental principle of international law which lies at the center of the collective security system. This is why solidarity, in the framework of international law must comply with the ultimate goal of the preservation of international peace and security. In such a framework, consensual intervention is assessed from the perspective both of the inviting as well as of the intervening part, on the basis of several criteria, including the level of actual control on the ground, the compliance with international and domestic law, the scope of the consent and the means of implementation of this scope. In cases of contested domestic authority, a larger variety of criteria need to be taken into account. It is proposed that solidarity can offer a balanced approach, between State-centered and human security or in other words between solidarity among States and solidarity towards the people.

Resolving the Misunderstood Historical Order: A Korean Perspective on the Historical Tributary Order in East Asia

2019 ◽  
Vol 21 (3) ◽  
pp. 341-377
Author(s):  
Si Jin Oh
Keyword(s):  
Nineteenth Century ◽  
East Asia ◽  
International Law ◽  
Legal Status ◽  
East Asian ◽  
Normative Systems ◽  
Separate Treatment ◽  
Historical Relationship ◽  
Points Of View ◽  
Normative Order

Abstract Regarding the historical East Asian order, previous studies appear to have emphasized Chinese and Japanese perspectives, and this academic phenomenon seems to have contributed to solidifying a misunderstanding. This study attempts to present a Korean perspective providing different points of view that challenge previous perspectives on the legal status of Korea in the nineteenth century. One of the critical misunderstandings about the historical relationship between China and Korea is that of vassalage. However, such an analogy is misleading. The East Asian international normative order, which was based on Li, is a particular order that requires a separate treatment. The nature of the tributary order would not necessarily impair sovereignty if it were possible to project and apply the classical international law of the nineteenth century. As the policy of Dongdoseogi represents, however, Korea once seemed to have preferred to maintain the two normative systems simultaneously.

Interpretation of Security Council Resolutions under Chapter VII in the Aftermath of the Iraqi Crisis

2007 ◽  
Vol 56 (1) ◽  
pp. 83-118 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Security Council ◽  
Operation Iraqi Freedom ◽  
Institutional Setting ◽  
Academic Literature ◽  
Legal Questions ◽  
Stanley Fish ◽  
Un Security Council ◽  
Peace And Security ◽  
Iraqi Freedom

AbstractThe ‘Operation Iraqi Freedom’ in 2003 raised many international legal questions, which all have been more or less addressed in the academic literature since then. However, the thrust of the relevant legal etiology pertained to the implementation of a series of UN Security Council Resolutions, whose hermeneutics, ie the rules of interpretation, in contrast to other issues, have been scarcely explored and elucidated. Accordingly, the purpose of this article is to address the latter question of the hermeneutics of Security Council Resolutions, and propound a coherent thesis in this respect, which would be applicable not only in the Iraqi conflict but even beyond. It will examine, first, whether the provisions of Articles 31–33 of VCLT are applicable eitheripso jureormutatis mutandisin this respect and then having deprecated both of these options, it will turn its focus to the question of which theoretical framework in relation to the hermeneutics in international law could better serve its purposes. Drawing insights from, amongst others, Stanley Fish, Ian Johnstone and Aharon Barak, it will be possible to propound the thesis that any relevantregulatio interpretationsshould pay due regard to the institutional setting of the ‘community’ of the Council, which in turn qualifies the ‘inter-subjective’ approach or the collective will of the Council in light of the object and purpose of the Charter, ie the maintenance of peace and security, as the most pertinent hermeneutic paradigm. Premised upon the latter, the article proceeds and articulates a rubric of interpretive principles and presumptions to be applied in this regard, which, at the end, will be tested in the case of ‘Operation Iraqi Freedom’.

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