To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Uncovering a series of landmark but often overlooked extradition cases between China and foreign powers from the 1860s to the 1920s, this study challenges the prevailing conception that political crimes in China were solely a domestic phenomenon. Extradition and extraterritoriality played an important role in shaping laws and regulations related to political crimes in modern China. China's inability to secure reciprocal extradition treaties was historically rooted in the legacy of extraterritoriality and semi-colonialism. Jenny Huangfu Day illustrates how the fugitive rendition clauses in the Opium War treaties evolved into informal extradition procedures and describes how the practice of fugitive rendition changed from the late Qing to Republican China. Readers will gain an understanding of the interaction between international law, diplomacy, and municipal laws in the jurisdiction of political crimes in modern China, allowing Chinese legal history to be brought into conversation with transnational legal scholarship.
Maritime security is one of the most vulnerable domains to climate change. The Quad comprising India, Japan, Australia, and the U.S., shares concerns of impending climate change-induced maritime security challenges in the Indo-Pacific region. Climate change can catalyse intensified competition for resources and control over sea lanes leading to increased maritime violence. Thus, climate change can derail the collective goals for which the Quad was established – a free, open, prosperous, and inclusive Indo-Pacific region. It is therefore critical for the Quad to understand this emergent threat and how it is altering the geopolitical system in order to secure its strategic and economic interests.
This paper addresses three major issues. First, it provides an empirical understanding of the threats to maritime security in the Indo-Pacific that emerge from climate change. It shows how these challenges potentially impede the Quad’s goals of securing a free and open Indo- Pacific and a rules-based order. Secondly, the paper analyses the collective efforts the group has undertaken over the years to address climate change and maritime security in the region through its Climate Change Adaptation and Mitigation Package (Q-CHAMP) and beyond. Thirdly, the study focuses on prospects for cooperation among the Quad countries, taking into consideration the recent change in administration in the US. We ask what collaborative maritime security mechanisms can the parties devise to strengthen the proposals in the Quad Climate Change Adaptation and Mitigation Package (Q-CHAMP)? We argue that cooperation on climate change will not only augment climate preparedness in the Indo-Pacific region but also enhance the Quad’s legitimacy and durability as a minilateral grouping.
In this study of Japan's imperial historiography in the late nineteenth and early twentieth centuries, Birgit Tremml-Werner examines the use of history to promote expansion in the Asia-Pacific region. Focussing on historian-diplomat Murakami Naojirō, she highlights the impact of the archive and translation in knowledge creation. Combining empirical examples including early modern diplomatic missions to Europe, indigenous Taiwanese history, colonial education and post-war cultural diplomacy, this work emphasizes how the past is represented in the intertwined environments of history and memory. She argues that the Japanese case also reveals wider questions around the myth-making of nation states, and the extent to which 'historiographical violence' has silenced the voices of actors, including Indigenous peoples and women, within the archival record. This title is also available as open access on Cambridge Core.
Chapter 6 provides a detailed empirical case study on the feasibility of mediation in grassroots societies of China. This chapter employs qualitative methods, including participant observation and thick description, to illustrate the entire process of court mediation in a rural village in Yunnan Province. It highlights the unique micro skills and techniques used by grassroots judges to facilitate dispute resolution, emphasising the importance of mediation in preserving face and repairing interpersonal relationships. The chapter argues that mediation is particularly suitable for the rural context due to the social, cultural and economic characteristics of the region. It also discusses the challenges faced by grassroots judges, including their educational background and the mismatch between formal legal training and local needs. The findings suggest that mediation is a more effective and humane approach to dispute resolution in underdeveloped areas, offering a practical alternative to litigation.
This Research Note is based on interviews with stakeholders and advocates for child safeguarding in Japan’s entertainment industries conducted by the researchers in Tokyo in July 2024. We argue that, if, as suggested by new legislation, there is an intention to apply UK-style “safeguarding” understandings to prevent reoccurrence of child sexual abuse such as that perpetrated by Johnny Kitagawa in Japan, there are four key barriers to overcome that necessitate increased information-sharing and cooperation between stakeholders in government and industry: precarious work, a reluctance to regulate, a lack of industry accountability, and a lack of societal awareness of child sexual abuse and its impacts.
Chapter 4 provides a systematic overview of the legal framework governing mediation in China. It categorises mediation into different styles and types, such as evaluative and facilitative mediation, and discusses how these are applied within the Chinese legal context. The chapter explores the regulatory systems underpinning mediation, including the judicial interpretations provided by the Supreme People’s Court and local legislative efforts. A significant portion of the chapter is dedicated to analysing the latest developments and challenges in the legislation of commercial mediation in light of the Singapore Mediation Convention. The concept of ‘politically correct pragmatism’ is highlighted, showcasing how political correctness and pragmatic flexibility dynamically interact within mediation legal rules. This comprehensive review of mediation regulations provides readers with a detailed understanding of the Chinese ADR system, emphasising its unique characteristics and the interplay between state law and local practices.
Chapter 3 explores the historical development of the Chinese mediation system in modern China, employing a diachronic approach that integrates both quantitative and qualitative data. This chapter traces the evolution and patterns of dispute resolution systems and policies from the late Qing dynasty to contemporary China, illustrating the impact of historical events on current practices. It aims to deduce the theoretical characteristics of the Chinese mediation system, specifically politically correct pragmatism, by analysing the interplay between political ideology and practical adaptations over different historical periods in the area of Chinese mediation.
Chapter 2 establishes the foundational context of dispute resolution in China by delving into the cultural, social and political factors that shape Chinese mediation practices. The chapter highlights the significant influence of Confucianism on the Chinese mindset, emphasising harmonious, integrative and compromising approaches to conflict resolution. It discusses how Chinese people’s dispute resolution strategies are deeply rooted in social relationships (guanxi) and local governance structures, particularly in rural areas. The chapter also examines the balance between emotion and rationality in Chinese culture and its impact on mediation preferences. Additionally, it addresses the interaction between state law and local customs, illustrating the unique dynamics within China’s diverse and transitional society. The chapter concludes by emphasising the importance of empirical research and interdisciplinary methods to understand the complexities of Chinese mediation fully.
Chapter 5 delves into the ADR movement both globally and in China. Through an interdisciplinary methodology and fieldwork, it details how the policy of ‘persisting and developing the Fengqiao Experience’ is transmitted from the central government to the grassroots level. The chapter provides an in-depth analysis of how grassroots communities and judicial organisations in China implement central policies, innovate based on practical conditions and adapt pragmatically. It highlights the local characteristics of dispute resolution and the challenges faced by macro-level policies in addressing significant regional socioeconomic disparities in China.
Chapter 7 explores the dual facets of mediation in the grassroots society of China, particularly within the context of a developed city. Through fieldwork in the T District Court in southwest China, this chapter illustrates how mediators leverage their skills and local wisdom to navigate complex cases while interacting with government officials. The chapter provides an in-depth analysis of the judicial ecology in grassroots society, highlighting the role of social connections (guanxi) and the everyday interactions between judges and local authorities. It further discusses two detailed case studies, emphasising both the advantages and drawbacks of mediation. These insights contribute to understanding the nuanced application of mediation in a modern urban context, reflecting on its effectiveness, challenges and the interplay between formal legal structures and local customs.