Tradition Treaties And Trade

"Relations between the Chosŏn and Qing states are often cited as the prime example of the operation of the “traditional” Chinese ”tribute system.” In contrast, this work contends that the motivations, tactics, and successes (and failures) of the late Qing Empire in Chosŏn Korea mirrored those of other nineteenth-century imperialists. Between 1850 and 1910, the Qing attempted to defend its informal empire in Korea by intervening directly, not only to preserve its geopolitical position but also to promote its commercial interests. And it utilized the technology of empire—treaties, international law, the telegraph, steamships, and gunboats.Although the transformation of Qing–Chosŏn diplomacy was based on modern imperialism, this work argues that it is more accurate to describe the dramatic shift in relations in terms of flexible adaptation by one of the world’s major empires in response to new challenges. Moreover, the new modes of Qing imperialism were a hybrid of East Asian and Western mechanisms and institutions. Through these means, the Qing Empire played a fundamental role in Korea’s integration into regional and global political and economic systems."

The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

Nation to Nation explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.

Within the context of an exponential proliferation of investment treaties with virtually uniform language and structure, The Interpretation of Investment Treaties by Trinh Hai Yen reveals the neglect or misapplication of international rules on treaty interpretation by tribunals in arbitral cases. Such practice has raised the question of the legitimacy of the interpretative process and the engendered inconsistent interpretations of investment treaties. The book proposes three interpretative approaches aimed at ensuring that adjudicators find legitimate meaning in the challenging generality and vagueness of investment treaty language. It also provides a comprehensive analysis of legislative solutions for states through a case study of the ASEAN Comprehensive Investment Agreement, as well as a comparative analysis of modern and traditional investment treaties.

From the 1870s to the 1930s, the Lake Superior Ojibwes of Minnesota and Wisconsin faced dramatic economic, political, and social changes. Examining a period that began with the tribe's removal to reservations and closed with the Indian New Deal, Chantal Norrgard explores the critical link between Ojibwes' efforts to maintain their tribal sovereignty and their labor traditions and practices. As Norrgard explains, the tribe's "seasonal round" of subsistence-based labor was integral to its survival and identity. Though encroaching white settlement challenged these labor practices, Ojibwe people negotiated treaties that protected their rights to make a living by hunting, fishing, and berrying and through work in the fur trade, the lumber industry, and tourism. Norrgard shows how the tribe strategically used treaty rights claims over time to uphold its right to work and to maintain the rhythm and texture of traditional Ojibwe life. Drawing on a wide range of sources, including New Deal–era interviews with Ojibwe people, Norrgard demonstrates that while American expansion curtailed the Ojibwes' land base and sovereignty, the tribe nevertheless used treaty-protected labor to sustain its lifeways and meet economic and political needs--a process of self-determination that continues today.

This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

The Great Law, a living tradition among the conservative Iroquois, is sustained by celebrating the condolence ceremony when they mourn a dead chief and install his successor for life on good behavior. This ritual act, reaching back to the dawn of history, maintains the League of the Iroquois, the legendary form of government that gave way over time to the Iroquois Confederacy. Fenton verifies historical accounts from his own long experience of Iroquois society, so that his political ethnography extends into the twentieth century as he considers in detail the relationship between customs and events. His main argument is the remarkable continuity of Iroquois political tradition in the face of military defeat, depopulation, territorial loss, and acculturation to European technology.

Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

Using the concept of boundaries, physical and cultural, to understand the development of China’s maritime southeast in late Imperial times, and its interactions across maritime East Asia and the broader Asian Seas, these linked essays by a senior scholar in the field challenge the usual readings of Chinese history from the centre. After an opening essay which positions China’s southeastern coast within a broader view of maritime Asia, the first section of the book looks at boundaries, between “us” and “them”, Chinese and other, during this period. The second section looks at the challenges to such rigid demarcations posed by the state and existed in the status quo. The third section discusses movements of people, goods and ideas across national borders and cultural boundaries, seeing tradition and innovation as two contesting forces in a constant state of interaction, compromise and reconciliation. This approach underpins a fresh understanding of China’s boundaries and the distinctions that separate China from the rest of the world. In developing this theme, Ng Chin-keong draws on many years of writing and research in Chinese and European archives. Of interest to students of migration, of Chinese history, and of the long term perspective on relations between China and its region, Ng’s analysis provides a crucial background to the historical shared experience of the people in Asian maritime zones. The result is a novel way of approaching Chinese history, argued from the perspective of a fresh understanding of China’s relations with neighbouring territories and the populations residing there, and of the nature of tradition and its persistence in the face of changing circumstances.