Journal articles: 'Unequal treaties'

1

Van Hulle, Inge. "Grotius, Informal Empire and the Conclusion of Unequal Treaties." Grotiana 37, no. 1 (December 19, 2016): 43–60. http://dx.doi.org/10.1163/18760759-03700003.

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Unequal treaties have become synonymous with the imperial practice of Western states in East Asia during the nineteenth century. They have also become a popular subject of study for historians of international law. A neglected feature of the history of unequal treaties is the way they were used and theorised upon as instruments of informal empire before the nineteenth century, in the early-modern age. Hugo Grotius in particular wrote extensively on unequal treaties and alliances through his familiarity with the Dutch East India Company’s exploits in the East Indies, where the conclusion of treaties with indigenous rulers formed the cornerstone of Dutch imperialism. This article delves into the early-modern roots of unequal alliances and discusses how the Grotian analysis of unequal alliances influenced other authors of the classic law of nations.

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Chan, Samuel. "China's Unequal Treaties: Narrating National History. Dong Wang." China Journal 57 (January 2007): 217–19. http://dx.doi.org/10.1086/tcj.57.20066280.

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WANG, Marina Xiaojing. "Neutrality is Impossible: Nationalism, Unequal Treaties and the National Christian Council of China 1925-1926." International Journal of Sino-Western Studies 20 (July 14, 2021): 135–56. http://dx.doi.org/10.37819/ijsws.20.113.

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"This article takes the National Christian Council of China (NCC) as a ease study. By examining the responses from various stakeholder both mainline Chinese Protestants and western mission within the NCC to the campaigns for the abrogation of the unequal treaties during the period of 1925——1926, it aims to reveal the tension and interaction between Christian missions? Chinese churches and the nationalist discourse. This article argues that although both Protestant missions and Chinese churches were in general the beneficiaries of the utoleration clauses“ of the unequal treaties and were aware of the necessity of drawing a clear borderline with the treaties > the two parties viewed the matter from different standpoints. To the majority of the missionary societies associated with the NCC > it was a diplomatic matter to be solved through formal negotiation between the governments. Whereas to most of the mainline Chinese Protestants> it had developed into a fundamental factor causing not only Christianity's unfavourable position in Chinese society, but also China's backwardness and uhumiliation. Considerably influenced by the nationalist discourse? they ardently engaged themselves in the campaigns to abrogate the unequal treaties > individually or as a group. Specific Chinese socio-political context and the nationalist discourse contributed significantly to the divergence of views. The NCC, incorporating both sides?was obliged to make a prompt response to the treaty issue and struggled to find common ground among the cooperating bodies.

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Fung, Edmund S. K. "The Chinese Nationalists and the Unequal Treaties 1924–1931." Modern Asian Studies 21, no. 4 (October 1987): 793–819. http://dx.doi.org/10.1017/s0026749x0000932x.

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The movement to abolish the unequal treaties was the cause célèbre of Chinese nationalism after the First World War. It was an extension of the late Qing movement to retrieve the rights and interests (shouhui liquan yundong) that had been lost to the powers over the decades. Whereas the quintessence of the late Qing campaign was economic nationalism and the means it employed peaceful, the post-war drive was highly political and at times accompanied by a degree of violence. The Chinese determination, strengthened by Germany's and Austria's relinquishment of their treaty status, was a bond that united the whole nation from Beijing to Guangzhou (Canton) despite their domestic political differences.

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5

Craven, Matthew. "What Happened to Unequal Treaties? The Continuities of Informal Empire." Nordic Journal of International Law 74, no. 3-4 (2005): 335–82. http://dx.doi.org/10.1163/157181005774939896.

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Pye, Lucian W., and Michael R. Auslin. "Negotiating with Imperialism: The Unequal Treaties and the Culture of Japanese Diplomacy." Foreign Affairs 84, no. 2 (2005): 168. http://dx.doi.org/10.2307/20034327.

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IOKIBE, K. "Negotiating with Imperialism: The Unequal Treaties and the Culture of Japanese Diplomacy." Social Science Japan Journal 10, no. 1 (March 29, 2007): 122–25. http://dx.doi.org/10.1093/ssjj/jym025.

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8

Tanaka, Stefan. ":Negotiating with Imperialism: The Unequal Treaties and the Culture of Japanese Diplomacy." American Historical Review 110, no. 4 (October 2005): 1146–47. http://dx.doi.org/10.1086/ahr.110.4.1146.

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9

Parada, Leopoldo. "Hybrid Entity Mismatches and the MLI: A Tax Policy Assessment." Intertax 49, Issue 10 (October 1, 2021): 786–802. http://dx.doi.org/10.54648/taxi2021085.

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This article argues that despite its apparent success as a political instrument to achieve global coordination, and particularly referred to hybrid entity mismatches, the multilateral instrument (MLI) has failed. Most notably, the MLI has been incapable of keeping cohesion with the main object and purpose of tax treaties, reinforcing also an unequal distribution of taxing powers between residence and source states. In light of the above, this article explores some prospective alternatives that could not only help with restoring cohesion and equality within tax treaties, but also add certainty and simplicity to the interpretation of the MLI and the issues related to hybrid entity mismatches. Hybrid entity mismatches, hybrid entities, transparent entities, MLI, BEPS, multilateral instruments, coordination of entities, saving clause, beneficial owner, entity classification.

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Han, Seunghoon. "The Endeavour to Revise Unequal Treaties in East Asia in the Early 1880s." International Journal of Korean History 23, no. 1 (February 28, 2018): 87–116. http://dx.doi.org/10.22372/ijkh.2018.23.1.87.

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Berger, Gordon M., and Louis G. Perez. "Japan Comes of Age: Mutsu Munemitsu and the Revision of the Unequal Treaties." Monumenta Nipponica 55, no. 4 (2000): 600. http://dx.doi.org/10.2307/2668257.

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Steele, M. William. "Negotiating with Imperialism: The Unequal Treaties and the Culture of Japanese Diplomacy (review)." Monumenta Nipponica 61, no. 2 (2006): 254–56. http://dx.doi.org/10.1353/mni.2006.0022.

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13

Jørgensen, Nina H. B. "The (Unequal) Relationship between Hong Kong’s Waters and China’s Baselines." Asia-Pacific Journal of Ocean Law and Policy 4, no. 1 (June 19, 2019): 1–27. http://dx.doi.org/10.1163/24519391-00401001.

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This article aims to clarify the legal relationship between Hong Kong’s maritime areas and China’s baseline system by conducting an historical inquiry into how the current status quo was reached and considering the implications for Hong Kong’s future development. China’s well-known position is that the treaties granting authority to the British in Hong Kong, including the ninety-nine year lease of the New Territories, were ‘unequal’ and therefore invalid so that sovereignty over the land and waters of Hong Kong never left Chinese hands and this position would be recognized and remedied at the appropriate time. As the Hong Kong experience illustrates, when territory is surrendered or leased, rights and claims are altered and sometimes extended. The historical evolution of those rights and claims therefore impacts on current territorial relationships. The example of Hong Kong may additionally serve as a reference point for modern day lease arrangements concerning coastal territory made outside the colonial context.

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Larsson, Tomas. "Western Imperialism and Defensive Underdevelopment of Property Rights Institutions in Siam." Journal of East Asian Studies 8, no. 1 (April 2008): 1–28. http://dx.doi.org/10.1017/s1598240800005075.

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Thailand and Japan both faced the threat of colonialism in the latter half of the nineteenth century. While geopolitical vulnerabilities provided Japan with a critical impetus for defensive modernization, they compelled the Siamese state to pursue a strategy of defensive underdevelopment. To understand this paradox, the article explores how variations in the “unequal treaties” imposed on Japan and Siam by Western powers shaped state interests in a policy area of vital importance to the two countries' predominantly agricultural economies: the rural land rights regime.

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Guo, Zien. "Rethinking the history of ”Cession”: a case study on the translation of ”Unequal Treaties”." Asia Pacific Translation and Intercultural Studies 9, no. 2 (May 4, 2022): 186–200. http://dx.doi.org/10.1080/23306343.2022.2116183.

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16

Wehland, Hanno. "INTRA-EU INVESTMENT AGREEMENTS AND ARBITRATION: IS EUROPEAN COMMUNITY LAW AN OBSTACLE?" International and Comparative Law Quarterly 58, no. 2 (April 2009): 297–320. http://dx.doi.org/10.1017/s0020589309001067.

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AbstractBilateral Investment Treaties (BITs) between Member States of the EU have long been all but non-existent. However, with the two most recent rounds of EU enlargement about 190 BITs have become intra-EU. This has not only raised doubts about the conformity of these BITs with EC law, but has also prompted some (including the European Commission) to question the admissibility of arbitral proceedings brought under these Treaties. The article assesses the mechanisms through which a conflict between intra-EU BITs and EC law can become relevant from an arbitration perspective. It then analyses the principal alleged inconsistencies between BIT provisions and EC law: differing substantive standards of investment protection, unequal treatment of investors from different Member States and the lack of control by the ECJ. The discussion of these issues in the light of the relevant EC Treaty provisions shows that EC law should not, in fact, be regarded as an obstacle to intra-EU investment arbitration.

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Nyinevi, Christopher Yaw. "Corporate Accountability to Local Communities for Investment-Related Harms: The Elusive Promise of Balanced Investment Treaties." African Journal of International and Comparative Law 31, no. 3 (August 2023): 333–55. http://dx.doi.org/10.3366/ajicl.2023.0452.

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By establishing an investment project or undertaking abroad, a multinational corporation does not only create a relationship between itself and the host state, but also with its local communities, which are often adversely impacted by the conduct or business operations of the investor. Yet the international investment law system has been lopsided. It creates various substantive and procedural protections for investors that they may enforce against the host state in international arbitration. But generally neither the host state nor its local communities adversely impacted by the conduct or business operations of an investor have similar rights. This article examines balanced investment treaties, one of the measures states have recently begun to adopt to remedy the unequal investment law regime. It concludes that, while this new generation of treaties may level the playing field between investors and host states, they do not go far enough to effectively address the peculiar challenges of local communities that suffer investment-related harms.

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18

DE JONGE, Alice. "From Unequal Treaties to Differential Treatment: Is There a Role for Equality in Treaty Relations?" Asian Journal of International Law 4, no. 1 (November 21, 2013): 125–51. http://dx.doi.org/10.1017/s2044251313000258.

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In 2005, Matthew Craven noted that “[t]he phenomenon of unequal treaties [has] largely evaporated as an issue from the domain of international law”. In Craven's opinion, international lawyers have demonstrated an “unwillingness to engage effectively with the problem of equality”. This paper argues that states have, in fact, addressed issues of inequity in recent treaty negotiations. When states have had to unite around common goals, various methods of according special and differential treatment have been used to address concerns about substantive equality. Drawing upon precedents from environmental law and international trade, this paper proposes the recognition of a principle of equality in treaty relations. It is suggested that the persistence of inequality should provide grounds for seeking the renegotiation of a treaty, and that a general principle in favour of remedying unacceptable levels of inequality should be applied to build flexibility and stability into treaty relationships.

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19

Amarasinghe, Punsara. "PORTUGUESE IMPERIAL BUILDING IN THE KOTTE KINGDOM OF SRI LANKA AS A REFLECTION OF 16TH CENTURY INTERNATIONAL LAW." Lampung Journal of International Law 5, no. 2 (December 15, 2023): 113–28. http://dx.doi.org/10.25041/lajil.v5i2.2946.

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The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of “puppet rulers”. This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law.

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20

Cho, Guk. "A Case Study of Consular Jurisdiction in the Port of Yokohama." Korean Association For Japanese History 59 (December 31, 2022): 229–55. http://dx.doi.org/10.24939/kjh.2022.12.59.229.

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Yokohama is the largest treaty port in modern Japan, and more than half of the foreigners who lived there were Chinese. This paper reviewed the exercise of Japanese legal rights over the Chinese and the issue of consular jurisdiction of Qing China. The series of treaties signed by Japan with Western powers stipulated “unilateral consular jurisdiction,” which was extended to extraterritorial jurisdiction. Based on this perception, the inequality of the treaty is limited to Western powers. However, the exercise of consular jurisdiction by Qing also shows that Japan's legal rights have been violated under the treaty of 1871 between China and Japan. In terms of infringement and restriction of jurisdiction, the “formal equality” of the treaty between Qing and Japan eventually had a similar effect to the ‘unequal treaty’ with the Western powers. Furthermore, the implementation of the Qing’s pre-modern trial system became a double difficulty for Japan, which was pursuing judicial modernization along with the revision of the unequal treaty. Japan sought to expand the exercise of Japanese jurisdiction over foreigners as much as possible in the process of operating the current treaty. Prior to the establishment of the Qing’s consulate, Japanese law was partially implemented to Chinese. Furthermore, even during the period of the Qing’s consular trial, the exercise of judicial power over Chinese was attempted by using the Qing’s lack of modern judicial system. However, as long as the consular jurisdiction was prescribed, such attempts had clear limitations. In addition, Chinese in Japan took full advantage of Japan's modern judicial system and at the same time took an active action to gain an advantage in disputes with the Japanese through consular trials. This situation strengthened Japan's awareness of the issue of the ‘unequal Treaty’ and pushed for an unequal treaty of Japanese superiority within East Asia.

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21

Wang, Dong. "Redeeming "A Century of National Ignominy": Nationalism and Party Rivalry Over the Unequal Treaties, 1928-1947." Twentieth-Century China 30, no. 2 (2004): 72–100. http://dx.doi.org/10.1353/tcc.2004.0001.

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22

Wang, Dong. "Redeeming "A Century of National Ignominy": Nationalism and Party Rivalry Over the Unequal Treaties, 1928-1947." Twentieth-Century China 30, no. 2 (April 2005): 72–100. http://dx.doi.org/10.1179/tcc.2005.30.2.72.

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23

WANG, DONG. "Between Tribute and Unequal Treaties: How China Saw the Sea World in the Early Nineteenth Century." History 103, no. 355 (March 28, 2018): 262–85. http://dx.doi.org/10.1111/1468-229x.12574.

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24

Tjandra, Jonathan. "The Fragmentation of Property Rights in the Law of Outer Space." Air and Space Law 46, Issue 3 (June 1, 2021): 373–94. http://dx.doi.org/10.54648/aila2021021.

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Neither customary international law nor existing outer space treaties provide clear answers as to whether property rights can exist in outer space. In this Article, I will argue that under international law, there exists a fragmented system of property rights, namely, a right to use outer space with a limited right of exclusion. This interpretation is supported by an analysis of Roman private law and common law philosophical theories of property. However, I argue that this fragmented system of property rights is insufficient to deal with the problems of scarcity and unequal distribution of technology that arise from the unique context of outer space. Space law, property rights, Roman law, territorial sovereignty, national appropriation

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25

Dreux, Xavier. "Justice or Just Us? Social Death, Gang Injunctions, and the Creation of a Modern American Apartheid State." Interdependent: Journal of Undergraduate Research in Global Studies 4 (2023): 87. http://dx.doi.org/10.33682/yvqr-av1y.

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This article will discuss the practice of civil gang injunctions in Southern California, its history, and civil court procedures. It explores the gang abatement method's unconstitutionality through the lens of the First and Fourteenth Amendments of the United States Constitution, critiquing the unequal treatment of people of color in the justice system. Through philosophical theories of language and authoritarian control, the article will go on to discuss how a supposedly egalitarian nation like the United States could support and continue the utilization of such a harmful tactic. Finally, the article will contextualize gang injunctions with the South African practice of apartheid and argue that it fits the classification of an apartheid policy under the definitions of the international court and other international treaties.

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Dedurin, G. G. "International legal determination of the national minorities’ status in the Central and Eastern European countries within the Versailles system." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 269–80. http://dx.doi.org/10.32631/v.2022.2.24.

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Peculiarities of the international legal status determination of the national minorities within the Versailles system have been studied using the example of a number of Central and Eastern European countries. The governments of Czechoslovakia, Poland, and Hungary were asked, based on the norms of international law, to develop appropriate provisions for the protection of the rights of national minorities in order to prevent new conflicts and threats to peace. The system of treaties, declarations and agreements, which were supposed to ensure the observance of the rights of national minorities and whose guarantor was the League of Nations, has been analyzed. In practice, this was embodied in giving minorities the right to submit petitions to the Council or Assembly of the League of Nations, as well as in the activities of the Permanent Chamber of International Justice. The right to submit petitions was used at different times by representatives of the Ruthenian minority in Czechoslovakia, the Russian minority in Eastern Galicia, the Jewish minority in Hungary, the German minority in Poland, etc. The weaknesses of this system have been identified, which prevented the creation of effective international mechanisms for the protection of the rights of national minorities in the specified regions of Europe. In particular, it has been emphasized that the majority of treaties, conventions, treatises, etc. were openly sabotaged by the countries that were supposed to fulfill them. The governments of the countries of Central and Eastern Europe considered the proposed system unequal, because its conditions did not apply to a number of other multinational states that had similar problems. Conflict situations surrounding the problem of national minorities continued to arise. They were caused by various factors: from divided loyalties and irredentist movements to manifestations of governmental and social discrimination.

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Kiss, Charles Alexandre. "Le concept d'égalité : définition et expérience." Les Cahiers de droit 27, no. 1 (April 12, 2005): 145–53. http://dx.doi.org/10.7202/042730ar.

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The right to equality is one of the most fundamental of human concepts. The author draws attention to the fact that this right is often depicted in negative terms, usually stating that any form of discrimination is forbidden. The concrete application of equality can sometimes lead to inequalitarian measures. An even policy for equality that is applied to unequal parties can result in a form of inequality. This is the reason why the author endorses equality in fact and not just as a formality in law. According to him, it is indispensable to take positive and specific measures in order to place minorities in a situation of equality and development. These measures, far from being contrary to the principle of non-discrimination, are in conformity with provisions in international treaties pertaining to the right to equality.

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PEARSON, QUENTIN (TRAIS). "Morbid Subjects: Forensic medicine and sovereignty in Siam." Modern Asian Studies 52, no. 2 (November 10, 2017): 394–420. http://dx.doi.org/10.1017/s0026749x16000640.

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AbstractThis article examines the question of Siamese sovereignty in the era of high imperialism through the lens of medical jurisprudence. Although Siam (Thailand) was never formally colonized, it was subject to unequal trade treaties that established extraterritorial legal rights for foreign residents. In cases where a foreign resident was suspected of having harmed a Siamese subject, the Siamese state had to appeal to foreign consular officials to file charges against the suspect. Standards of forensic evidence were crucial in such cases. While medical jurisprudence helped to bolster racial privilege in other colonial legal jurisdictions, this article argues that these disputes rendered the dead and injured bodies of Siamese subjects into potentially powerful pieces of leverage against foreign residents and their political representatives. The dead bodies of Siamese subjects became grounds for challenging foreign courts and asserting Siamese sovereignty.

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Liu, Xiaoyuan. "China and the Issue of Postwar Indochina in the Second World War." Modern Asian Studies 33, no. 2 (April 1999): 445–82. http://dx.doi.org/10.1017/s0026749x99003248.

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China's foreign relations during the Second World War underwent a radical metamorphosis. The Chinese government under Chiang Kai-shek (Jiang Jieshi) earned new international respect by mounting a tenacious resistance against the Japanese enemy. By allying itself with powerful countries in the West for the first time in modern history, China emerged from its involuntary diplomatic isolation. The new Grand Alliance facilitated China's diplomatic initiatives seeking to eradicate the legal stigma of its semi-colonial status through the abrogation of the unequal treaties. In the process China also leaped to the rank of the ‘Big Four’. At a time when the Western colonialism was receding, the Japanese Empire was collapsing and national independence movements were on the rise in many Asian countries, China seemed positioned to achieve a new prominent leadership role in Asian and world affairs.

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30

CRAWFORD, EMILY. "Unequal before the Law: The Case for the Elimination of the Distinction between International and Non-international Armed Conflicts." Leiden Journal of International Law 20, no. 2 (May 21, 2007): 441–65. http://dx.doi.org/10.1017/s092215650700413x.

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This article examines the possibility of creating a law of armed conflict that could be uniformly applied to both international and non-international armed conflict. The article looks at the history of modern armed conflict, and charts the progression of warfare from a predominantly interstate event to that which is more likely to be characterized as non-international or internal. The increasing prevalence of non-international armed conflicts throughout the twentieth century has lead to ongoing moves on behalf of the international community to bring the regulation of such conflicts further within the ambit of international regulation. With this in mind, the article argues that such moves have blurred the historical distinction between types of armed conflict to the point where the distinction could be eliminated altogether. By looking at international treaties, tribunals, and state practice, this article asserts that the law of armed conflict could be uniformly applied, with the aim of ensuring that all participants in armed conflict are equally and humanely treated.

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31

Roberts, Adam. "The equal application of the laws of war: a principle under pressure." International Review of the Red Cross 90, no. 872 (December 2008): 931–62. http://dx.doi.org/10.1017/s1816383109000162.

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AbstractThe ‘equal application’ principle is that in international armed conflicts, the laws of war apply equally to all who are entitled to participate directly in hostilities, irrespective of the justice of their causes. The principle, which depends on maintaining separation between jus ad bellum and jus in bello, faces serious challenges in contemporary armed conflicts and discourses. Some variations of the principle may be inevitable. However, it has a firm basis in treaties and in historical experience. It is the strongest practical basis that exists, or is likely to exist, for maintaining certain elements of moderation in war. The rival proposition – that the rights and obligations of combatants under the laws of war should apply in a fundamentally unequal manner, depending on which side is deemed to be the more justified – is unsound in conception, impossible to implement effectively and dangerous in its effects.

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Tintor, Ljubomir. "Pravo osoba u potrebi za međunarodnom zaštitom na jedinstvo porodice - neujednačen pristup Evropskog suda za ljudska prava." Eudaimonia, no. 5/2021 (August 31, 2021): 117–41. http://dx.doi.org/10.51204/ivrs_21105a.

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The situation of persons in need of international protection often leads to separation of their families for various reasons. The issue of unity of the family of persons in need of international protection was also considered by the European Court of Human Rights. This paper analyzes the inconsistency and unequal approach of the ECtHR in this matter. The paper analyzes how the most important international treaties regulate the right to family unity. Through selected cases in which the ECtHR ruled on the reunification of parents and children and their right to family unity, it will be seen how the ECtHR has inconsistently applied the principle of the best interest of the child. The analysis will point to a non-unified approach of the ECtHR to factors such as the child’s age, strength of the relationship with the country of origin and the receiving country, the strength of family ties between parents and children, when making decisions about family reunification.

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Fischer, Manuel, and Nicolas W. Jager. "How Policy-Specific Factors Influence Horizontal Cooperation among Subnational Governments: Evidence from the Swiss Water Sector." Publius: The Journal of Federalism 50, no. 4 (2020): 645–71. http://dx.doi.org/10.1093/publius/pjaa002.

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Abstract Horizontal cooperation among political systems is crucial for addressing large-scale and boundary-crossing policy problems. This article introduces and analyzes policy-specific factors that help to explain horizontal cooperation among subnational-governments. It thereby builds on but specifies arguments from the literature on horizontal federalism that has usually been focusing on general institutional and societal factors to explain cooperation. These factors capture how a given policy problem unfolds (problem pressure), the ways in which subnational governments are exposed to and experience its consequences in similar or unequal ways (functional interdependencies and their symmetry), and how the issues are treated domestically (problem awareness). We illustrate the potential importance of these factors by analyzing treaties among Swiss substates in the water domain and relying on network analytic methods. We find that problem awareness and functional interdependencies and their (a)symmetries are important, whereas problem pressure has a mixed influence, depending on the issue area.

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Valentin Ts., Golovachev. "“He Was a Friend of Our Fatherland”: the Personal Image and Role of Li Hong-Zhang as a Signatory of the Shimonoseki and Moscow Treaties of 1895–1896 (Russian Perception)." Vostok. Afro-aziatskie obshchestva: istoriia i sovremennost, no. 5 (2022): 97. http://dx.doi.org/10.31857/s086919080015951-3.

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The Qing Empire dignitary Li Hong-zhang was one of the main protagonists of the events and the official signatory of both treaties on behalf of China. While Li’s mission in 1895 in Shimonoseki was “to seal with his signature the peace, shameful for his Fatherland”, his visit to Russia in 1896 became an honorable mission. Li managed it brilliantly, signing an allied Defense Treaty with Russia, including agreement on construction of the Chinese Eastern Railway (CER). Considering the 125 years long discussions, we present the “Russian perception” on the essence, nature and significance of these agreements, along with personal image and role of Li. Russian experts have different assessments of the 1896 “Moscow Treaty”. Some experts believe that equal treaty is impossible between unequal parties. Others say it was not unequal, as it did not give Russia any special privileges or infringe on China's sovereignty. It contained no statements “humiliating” China. It was equal agreement of two states, ready to “support each other” if “any attack by Japan occurs, both on Russian territory in East Asia, and on territory of China or Korea”. The CER’s construction was mutually beneficial too. Li initially sought for fulfillment of the Russian-Chinese alliance. Being removed to Guangdong in August 1898 Li couldn’t control the situation, and after his return to Beijing in August 1900, the Treaty was already discredited by the controversial actions of both parties. However, both goals of the “Moscow Treaty” (construction of the CER and protecting China from the repeated Japanese intrusion) were eventually realized.

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Clifford, N. "DONG WANG. China's Unequal Treaties: Narrating National History. (Asia World.) Lanham, Md.: Rowman and Littlefield. 2005. Pp. x, 179. $60.00." American Historical Review 111, no. 5 (December 1, 2006): 1484–85. http://dx.doi.org/10.1086/ahr.111.5.1484.

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Borschberg, Peter. "Luso-Johor-Dutch Relations in the Straits of Malacca and Singapore, c. 1600-1623." Itinerario 28, no. 2 (July 2004): 15–43. http://dx.doi.org/10.1017/s0165115300019471.

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The study of the early European colonial presence in Asia has been stimulated in recent years by a series of excellent works. These have been both of general and specialist nature, written not only by historians, but also by political scientists as well as specialists of international relations. The truly excellent study published in 2002 by Edward Keene, can be taken as a point in case. Central to his revisitation of seventeenth-century treaties of the United Dutch East India Company (VOC) with the Emperor of Kandy, is the notion of divided sovereignty expounded by Hugo Grotius around 1600-1610. It was against the backdrop of such concepts of divided sovereignty that the VOC could ultimately conclude its complex web of treaty relationships that broadly characterise the Dutch colonial empire in the East Indies up the advent of the French Revolution and the Napoleonic Wars. There is some legitimacy in contending that Keene's postulations effectively rework and reinterpret, at the level of international relations, what was once conveniently dubbed the ‘Age of Partnership’, i.e. an age characterised by trade-driven colonial empires that grew upon a complex, sometimes self-contradictory network of treaty relationships as well as formal and informal cooperation garnered from native elites. Admittedly such relations were often but not always based on unequal power and treaty relationships. Despite the uneven playing fields created by many such Euro-Asian treaties, especially those forged in the late sixteenth and early seventeenth centuries, the conclusion of treaties was assumed on the basis of the nominal co-equality of sovereigns and plenipotentiary agents acting on their behalf. European and Asian treaty partners were accepted as contracting equals, and this is particularly stunning given that the feudal world of European power politics at the time was, by comparison, probably more complex and legally structured than Asia. Certainly, the underlying power relations behind these early modern agreements were completely different from those imposed by the mature colonial powers on Asia at the zenith of nineteenth-century imperialism!

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Ragozin, Dmitry V. "The Abrogation of the Unequal Treaties and the Redefinition of China's Role in the US Political and Military Strategy (1942-1944)." Vestnik Tomskogo gosudarstvennogo universiteta, no. 455 (June 1, 2020): 125–30. http://dx.doi.org/10.17223/15617793/455/18.

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Masenya, Malesela Jim. "Empowerment and access to opportunities in South Africa: can gender equality be achieved?" International Journal of Research in Business and Social Science (2147- 4478) 12, no. 7 (October 28, 2023): 405–12. http://dx.doi.org/10.20525/ijrbs.v12i7.2797.

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The purpose of this paper is to examine the unequal and inadequate access to opportunities by both men and women in South Africa, as well as the progress made in achieving gender equality and promoting women's empowerment, which are embedded in the Millennium Development Goals and Sustainable Development Goals, respectively. The paper is virtuously theoretical and relies upon literature to present its arguments, soliciting information from published journals, reports, and previous studies. Access is primarily a gendered phenomenon worldwide, pertaining to the subsets of, inter alia, access to information, rights, land, money, education, skills, political participation, and opinion. Gender equity and equality are high on the developmental agenda of women in almost every country. South Africa, being part of international treaties and conventions on gender equity, is obliged to advance the empowerment of women and eliminate all forms of gender discrimination. The development of women, their access to essential resources, and their participation in important positions of decision-making are still challenges in most countries. It is commonly known that everywhere in the world, women face constraints that limit their capacity to contribute to production, well-being, decision-making, growth, and most importantly, empowerment, which in turn promotes independence. Women face discrimination in access to productive resources such as land; they face wage inequality in rural labor markets; and they are also more likely to work part-time, seasonal, and/or low-paying jobs when engaged in wage employment. Despite the Domestic Violence Act 116 of 1998 and the inauguration of the Annual 16 Days of Activism for No Violence Against Women and Children by the South African government, which are aimed at fighting the perpetual inequalities and abuse of women and children, gender inequality, women's disempowerment, and unequal access to opportunities are still predominant in the country.

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Mahar, N. S. "Nepal-India Political Relations: A Comprehensive Analysis of Historical Dynamics, Contemporary Challenges, and Future Prospects." Pragya Darshan प्रज्ञा दर्शन 6, no. 1 (July 15, 2024): 71–79. http://dx.doi.org/10.3126/pdmdj.v6i1.67833.

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This research provides a comprehensive analysis of the historical dynamics, contemporary challenges, and future prospects in Nepal-India political relations. The diplomatic ties between the two nations, rooted in shared history, cultural affinities, and geographical proximity, have witnessed both cooperation and discord over the centuries. While historical documents highlight periods of mutual respect, the study delves into the complexities of the Treaty of Peace and Friendship in 1950, solidifying diplomatic bonds. However, recent years have seen a shift in this narrative, marked by territorial disputes, economic imbalances, and evolving geopolitical dynamics. Contemporary challenges include territorial disputes leading to diplomatic intricacies and economic imbalances raising questions about the equitable nature of the bilateral relationship. The research adopts a mixed-methods approach, combining historical analysis, policy examination, and stakeholder perspectives to offer timely and relevant insights. Key informant interviews with political leaders, diplomats, and professionals provide a diverse understanding of the multifaceted issues at hand. The study identifies territorial disputes and unequal diplomatic treaties as major challenges, contributing to tensions in Nepal-India relations. It emphasizes the need for a peaceful discourse to resolve border encroachments and calls for a revision of existing treaties in light of changing regional and international circumstances. Additionally, socio cultural affinities between the two nations are explored, with strategies proposed for bridging gaps and fostering a sense of shared identity. The research concludes with strategies for future cooperation, advocating for a balanced diplomatic relationship that considers the changing global landscape. The equidistance principle is discussed, urging both nations to adapt their mindsets and refrain from micromanaging each other's domestic politics. The study underscores the importance of recognizing the historical ties between Nepal and India, emphasizing the potential for multifaceted alliances in the future.

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Castillo-Argañarás, Luis-Fernando. "La estación espacial china en la Patagonia: una aproximación desde el derecho internacional." URVIO. Revista Latinoamericana de Estudios de Seguridad, no. 33 (May 31, 2022): 109–24. http://dx.doi.org/10.17141/urvio.33.2022.5298.

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El objetivo de este artículo es analizar la cooperación internacional entre Argentina y China sobre la utilización de la estación espacial construida en la Patagonia, en el marco de una asociación estratégica integral. Se realiza un análisis documental, mediante la recolección de datos y una estrategia cualitativa basada en la inducción y deducción. Se concluye que los acuerdos que establecen la estación espacial en el marco de la asociación estratégica son “tratados desiguales”, de la misma naturaleza que los firmados por China en el siglo XIX y principios del XX. Abstract The objective of this article is to analyze the international cooperation between Argentina and China in relation to the use of the space station built in Patagonia, within the framework of a comprehensive strategic partnership. Documentary analysis is carried out by collecting data and implementing a qualitative strategy based on induction and deduction. It is concluded that the agreements that establish the Space Station within the framework of the strategic association are “unequal treaties” of the same nature as those signed by China in the 19th and early 20th centuries.

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Molenaar, Dick. "Article 17(3) for Artistes and Sportsmen: Much More than an Exception." Intertax 40, Issue 4 (April 1, 2012): 270–78. http://dx.doi.org/10.54648/taxi2012031.

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Most states in the world apply Article 17 (introduced in 1963) of the OECD Model Convention for the taxation of non-resident artistes and sportsmen granting the right to levy withholding tax on the performance fee to the state of performance. In 1977 the OECD introduced Article 17(2) ensuring also the taxation of payments to others than the artistes and sportsmen, for example, so-called 'artiste-companies' or any third party involved. To avoid double taxation states either apply the tax credit or the tax-exemption method. Inadequacies were discovered and, therefore, the Commentary on Article 17 advised in 1977 to exclude cultural exchanges and subsidized artistes and sportsmen from Article 17. The majority of all states soon started to use this exception as Article 17(3) in their bilateral tax treaties thereby granting the taxing right to the state of residence. The question of unequal treatment between a subsidized and a commercial theatre group arises. It might lead to the conclusion that an Article 17(3) clause in a bilateral tax treaty between EC Member States does not correspond with the freedom and non-discrimination principles of the EU.

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West, Philip. "Reframing the Yenching Story." Journal of American-East Asian Relations 14, no. 1-2 (2007): 173–202. http://dx.doi.org/10.1163/187656107793645087.

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AbstractOne way to revisit and reframe the Yenching story is to imagine with a few bold strokes how the conflicting threads in that story are woven into the ironic twists and turns in twentieth-century Chinese-Western relations. Had it not been for the political collapse of the Qing dynasty in 1911 and the cultural and spiritual vacuum created in its wake, core Chinese faculty at Yenching and many of the Yenching students might never have been attracted to liberal Christianity and the liberal arts. Had it not been for the extraterritorial protection under the unequal treaties going back to the days of the Opium War, it would not have been possible for the missionary educators to lead in introducing the liberal arts into China. Had it not been for the war with Japan and events leading up to it since World War I, followed later by the Chinese civil war, it would be difficult to explain to Western liberal ears how the patriotic passions of Yenching faculty and students could lead them to adapt as readily as they did to the Communist revolution.

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Éthier, Benoit, Gérald Ottawa, and Christian Coocoo. "Redefining the Lexicon of Power, Envisioning the Future: The Atikamekw Nehirowisiw Nation and the Comprehensive Land Claims Negotiations." Anthropologica 62, no. 2 (December 24, 2020): 262–75. http://dx.doi.org/10.3138/anth-2018-0054.

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Treaties and land claims negotiations between state institutions and Indigenous Peoples are necessarily tied to issues of territorial entanglements, resistance and coexistence. Regularly, studies of these negotiation dynamics make explicit the articulation and differentiation of Indigenous “life projects,” referring to the embodiment of socio-cultural desires, visions, aspirations and purposes – vis-à-vis neoliberal development projects. This article focuses precisely on the dynamics of negotiation in which the Atikamekw Nehirowisiwok (north-central Quebec) and state institutions have been involved for the last 40 years under the Comprehensive Land Claims Policy. More specifically, it addresses different policy mechanisms such as the extinguishment policy, burden of proof, debt obligations and results-based approach that are part and parcel of the negotiation process. Without disregarding the unequal power relations, this article also presents the motivations and aspirations expressed by the Atikamekw Nehirowisiwok in the negotiation process. It explains how their engagements are mobilised into nehirowisiw orocowewin – that is, a larger and deeper political and cultural project relating to the affirmation of nehirowisiw miro pimatisiwin, an Indigenous way of life and living well that is tied to the maintenance of a creative and open-ended coexistence based on reciprocity, complementarity, autonomy and consensus.

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Ma (馬戎), Rong. "China under Western Aggression: Discourse Transformations, Identity Shifts, and National Reconstruction." Journal of Chinese Humanities 8, no. 3 (December 1, 2022): 279–302. http://dx.doi.org/10.1163/23521341-12340137.

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Abstract Following the Opium Wars, traditional notions of China as encompassing “all under heaven” (tianxia 天下) and the “Sino-barbarian dichotomy” (huayi 華夷) could no longer be sustained. Under the pressure and intimidation of the Great Powers’ advanced warships and fire power, the Qing government signed the unequal treaties and China was forced to adopt Western conceptual reasoning, discursive language, and rules of conduct. Western knowledge and lexicon was successively translated into Chinese, affecting transformations in local discourse and society. As part of this process, Japanese texts, which contained a great volume of Chinese characters, became an important medium for the transmission of Western epistemology. During the first Opium War between China and England, the cultural and political hegemony of the Great Powers were demonstrated through debates over interpretations of the Chinese character yi 夷. During the Late Qing, Chinese intellectuals drew on their foundations in traditional Chinese lexicon to understand and adopt the foreign-derived words zhongzu 種族 (race) and minzu 民族 (nation). This process reflects both shifts in how Chinese people regarded collective identity and the various presumptions underlying state-building visions.

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Jianbiao, Ma. "Treaty Revision Campaign of the Beijing Government, 1912–1928: Out of the Shadow of the “Abrogation of Unequal Treaties,”by Tang Chi-Hua." Journal of Modern Chinese History 5, no. 1 (June 2011): 117–19. http://dx.doi.org/10.1080/17535654.2011.574443.

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Leboulanger, Philippe. "Mixed Courts of Egypt and International Arbitration." BCDR International Arbitration Review 3, Issue 1 (September 1, 2016): 23–31. http://dx.doi.org/10.54648/bcdr2016003.

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Historically, Mixed Courts of Egypt, and recently international arbitration, have led to controversial debates as to their role in the Egyptian legal system. The Mixed Courts have been and are often still considered an infringement of Egyptian sovereignty because they were established during colonialism. However, the courts came into existence because Egypt needed a new, efficient legal system to end the consular courts, which were created under the Capitulations Treaties in the Ottoman Empire and caused unequal and sometimes biased treatment of Egyptian nationals. But beyond the geopolitical and historical context, the Mixed Courts have contributed to the development of the modern Egyptian legal system and Egyptian heritage in comparative law and international private law. Although the Mixed Courts and international arbitration proceedings are similar (e.g., different nationalities and legal backgrounds of judges and arbitrators, the possibility to apply different laws to the parties’ disputes), the historical and political context that resulted in the creation of the mechanisms is different. Thus, the claim that international arbitration would overstep Egyptian sovereignty is unfounded. On the contrary, Egypt’s desire to have a modern set of arbitration rules is shared with other States seeking participation in the economic globalization, and international arbitration has proved to be an appropriate mechanism for international trade dispute resolution.

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de Clerck, Helene Marie-Lou, Julie Ryngaert, Estelle Carton de Wiart, Marie Verhoeven, Wouter Vandenhole, Paul Mahieu, and Christiane Timmerman. "Undocumented children and the right to education: illusory right or empowering lever?" International Journal of Children's Rights 19, no. 4 (2011): 613–39. http://dx.doi.org/10.1163/157181811x570690.

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AbstractIn migration control policies, social rights are often restricted in order to discourage immigration. The right to education seems to be the exception to the rule. This paper examines whether the right to education – beyond legal technical questions of the personal scope of application of human rights treaties, and the nature and the meaning of the right – is able to provide empowering leverage to undocumented children, or rather remains a lofty ideal on paper. Empirical data are drawn from the Belgian situation. Sociological research has shown that while quantitative educational democratisation has been highly successful, qualitative educational democratisation remains problematic. With regard to undocumented children, real-life limitations to school access (both individual and institutional), as well as psycho-social and institutional impediments during the schooling process seriously limit equal schooling and life opportunities. Unequal responses to organisational and pedagogical challenges that the presence of mobile students puts to schools, reinforce institutional factors of educational inequality for undocumented children. A key factor in understanding the tension between the legal recognition of the human right to education and daily realities is the outright contradiction between the approaches towards education on the one hand, and to migration more generally on the other hand. The latter is increasingly dominated by a securisation ideology.

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Pozzi, Carlo Edoardo. "A Political Consideration on the Japan-Italy TreatyRevision Relations During the Inoue Kaoru Foreign Affairs Era (1879-1887) Centering on Japanese and Italian Primary Sources." Analele Universității de Vest. Seria Științe Filologice 60, no. 1 (July 1, 2023): 25–43. http://dx.doi.org/10.35923/autfil.60-1.03.

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In the early Meiji Era, the revision of the so-called “Unequal Treaties” was an issue of vital importance to the Japanese government. In particular, since the early 1880s Foreign Minister Inoue Kaoru (1836-1915), unlike his predecessor Terashima Munenori (1832-1893), who had given priority to the acquisition of tariff autonomy, sought to include in the negotiations with foreign powers also the abolition of extraterritoriality. In this context, the Kingdom of Italy found itself playing a significant role in Inoue’s foreign policy in the 1870s after the Italian diplomats in Tokyo had shown a strong interest in treaty revision aiming to obtain the right for the Italian traders to circulate freely in Japan’s inland areas in exchange for the renunciation of their extraterritorial rights. Since the Japan-Italy Treaty Revision Relations during the management of the Japanese Foreign Ministry by Inoue (1879-1887) have not received sufficient consideration by either Italian or Japanese historiographies, this research aims to examine it in detail, focusing the analysis on the strategic importance that the Kingdom of Italy had for the Japan government in the 1880s. Some still unclarified issues will be illuminated mainly by making use of Japanese primary sources and integrating them with the Italian ones.

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Strik, Daniella. "Investment Protection of Sovereign Debt and Its Implications on the Future of Investment Law in the EU." Journal of International Arbitration 29, Issue 2 (April 1, 2012): 183–204. http://dx.doi.org/10.54648/joia2012011.

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Since late 2009, an EU sovereign debt crisis has been lingering. The ability of most of the so-called PIIGS States ( Portugal, Ireland, Italy, Greece and Spain) to fulfil their obligations under bonds issued to private investors is still unclear. In case Bilateral Investment Treaties (BITs) entered into by these States cover claims in connection with the default on or restructuring of such instruments, this could give rise to unequal positions of creditors, depending on their home State. Not only could this give rise to inequality between non-EU and EU investors, such different positions could also occur between investors in different countries of the EU and even of the Eurozone. This Article reviews the scope (ratione materiae) of existing intra-EU BITs of the PIIGS States with respect to sovereign debt instruments and restructuring of sovereign debt. The author advocates in this Article a need to amend BITs of EU countries to unambiguously allow for lawful sovereign debt restructuring without compensation being due to investors and to consider the desired scope of a possible new EU investment protection instrument on this subject. Moreover, in view of the 'no bail-out clause' in the Treaty on the Functioning of the EU (TFEU), sovereign debt instruments issued by individual EU Member States should be excluded from the protection under Foreign Trade Agreements to be entered into by the EU and third countries.

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Park, Jung Mee, and Chun-Ping Wang. "Interpreting the Maritime and Overland Trade Regulations of 1882 between Chosŏn and the Qing: How logics of appropriateness shaped Sino–Korean relations." International Area Studies Review 23, no. 1 (September 5, 2019): 114–32. http://dx.doi.org/10.1177/2233865919871704.

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Prior research on Qing China’s relationship towards Chosŏn Korea in the late 19th century suggested that China’s influence over Korea was a continuation of the tribute system. However, the Qing’s awareness of Westphalian laws altered Sino–Korean relations. In 1882, Qing China signed the Maritime and Overland Trade Regulations with Chosŏn Korea. Unlike the previous treaties that China signed with western states, the Qing negotiated terms economically beneficial to China in the agreement. The Qing officials determined much of the terms found in the Regulations. The Qing officials had leverage over Chosŏn officials partly because China had amassed cultural capital through centuries of tributary exchanges. The logics of appropriateness (LoA) or ‘bounded rationality’ of the tribute system shaped the Qing’s and Chosŏn’s responses, even in treaty negotiations. We argued that the Regulations reflected the Qing’s attempts to ‘modernize’ tributary relations with Westphalian LoA in light of the Qing’s own domestic crisis. Domestic insurrections such as the Taiping Rebellion led members of the self-strengthening ( Ziqiang) movement to focus on foreign affairs and adopt Westphalian international laws. The Qing’s goals to self-strengthen via an unequal agreement with Chosŏn, however, failed when westerners criticized China’s perceived suzerain authority over Korea. The criticisms highlighted the cleavages between the tributary and Westphalian systems as individuals attempted to justify their roles within these institutions.

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Journal articles on the topic 'Unequal treaties'

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