China's Practice of International Law: Some Case Studies (Harvard Studies in East Asian Law)

In February 1967, at the height of the Cultural Revolution, the American Society of International Law organized a study panel of legal scholars, social scientists, lawyers, and government officials to consider problems relating to “China and International Order.” The panel was founded in the belief that the turmoil in China would not endure and that the People’s Republic might soon wish to participate fully in the world community. To prepare for this day, the panel commissioned and reviewed a number of studies of China’s interpretation and application of international law.The ten essays in this volume—written by twelve scholars including Jerome Alan Cohen, who has also written a substantial introduction—are the fruit of this effort. Four of the essays deal with basic problems relating to Peking’s international conduct: recognition and the establishment of diplomatic relations, the regulation of foreign diplomats serving in China, manipulation of the concept of “unequal treaties,” and the PRC’s conditions for participation in international organizations. The other six essays focus on legal problems that have arisen in China’s relations with a given country or international organization. China's Recognition Practice And Its Implications In International Law / James C. Hsiung -- The Establishment Of Diplomatic Relations And The Scope Of Diplomatic Immunity: The Dutch Experience With China / Ko Swan Sik -- Chinese Diplomatic Practice During The Cultural Revolution / Philippe Ardant -- Nonrecognition And Trade: The Fourth Sino-japanese Trade Agreement / Gene T. Hsiao -- Negotiating With China: A Minor Episode / Gilbert P. Verbit -- The Genesis Of The Territorial Issue In The Sino-soviet Dialogue: Substantive Dispute Or Ideological Pas De Deux? / George Ginsburgs And Carl Pinkele -- Comparison Of The Nationalist And Communist Chinese Views Of Unequal Treaties / Hungdah Chiu -- The Sino-indian Dispute Over The Internment And Detention Of Chinese Nationals / Jerome Alan Cohen And Shao-chuan Leng -- Some Conditions Of Peking's Participation In International Organizations / Byron S.j. Weng -- The People's Republic Of China And The Red Cross / G.i.a.d. Draper -- Chinese And Japanese Language Titles And Glossary. Edited By Jerome Alan Cohen. With Contributions By Philippe Ardant [and Others] Includes Bibliographical References. Acknowledgments Contents Introduction 1. China's Recognition Practice and Its Implications in International Law 2. The Establishment of Diplomatic Relations and the Scope of Diplomatic Immunity: The Dutch Experience with China 3. Chinese Diplomatic Practice during the Cultural Revolution 4. Nonrecognition and Trade: A Case Study of the Fourth Sino-Japanese Trade Agreement 5. Negotiating with China: A Minor Episode 6. The Genesis of the Territorial Issue in the Sino-Soviet Dialogue: Substantive Dispute or Ideological Pas de Deux? 7. Comparison of the Nationalist and Communist Chinese Views of Unequal Treaties 8. The Sino-Indian Dispute over the Internment and Detention of Chinese in India 9. Some Conditions of Peking's Participation in International Organizations 10. The People s Republic of China and the Red Cross CHINESE AND JAPANESE LANGUAGE TITLES AND GLOSSARY NOTES ON CONTRIBUTORS Index Biographical note: CohenJerome Alan: Jerome Alan Cohen is a member of the Executive Committee of the East Asian Research Center at Harvard University and Professor of Law, Harvard Law School Cohen Jerome Alan : Jerome Alan Cohen is a member of the Executive Committee of the East Asian Research Center at Harvard University and Professor of Law, Harvard Law School.