Extraterritoriality and Civilization Standards

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Questions and Answers

What was primarily responsible for the implementation of extraterritoriality in countries like China and Japan?

Force imposed by Western countries (correct)

International treaties based on mutual respect

Moral obligations of Western nations

Cultural exchanges between nations

Which of the following best describes the rationale used by Westerners to justify extraterritoriality?

It ensured cultural superiority of Western nations

It was a necessary measure for legal fairness (correct)

It reflected the desire for friendly diplomatic relations

It promoted economic independence for local governments

What significant change occurred in international law regarding extraterritoriality during the late nineteenth and early twentieth centuries?

Jurisdiction over aliens was returned to local authorities (correct)

International sanctions against extraterritorial claims were established

Extraterritorial rights were abolished in all regions

Extraterritoriality was expanded to more countries

How did China view the concept of sovereign equality in the context of extraterritoriality?

As an affront to their cultural values Signup and view all the answers

Which article of the Treaty of Nanking primarily addressed the rights of British and Chinese subjects?

Article 1 providing protection and security Signup and view all the answers

What does the term 'social practice' imply regarding the nature of war, as mentioned in the content?

War is subject to ethical scrutiny and social norms Signup and view all the answers

What was the underlying assumption behind the belief that every member of international society must abide by minimum rules of civilized behavior?

It ensures equal treatment among sovereign states Signup and view all the answers

What did Georg Schwarzenberger suggest about the rules of war?

They reflect a compromise between necessity and civilization standards Signup and view all the answers

What factor denied citizens of barbarous states the same international legal rights as aliens?

The uncivilized behavior being an international concern Signup and view all the answers

What was a significant outcome for Japan in its approach to Western diplomacy?

It showcased institutional reforms to gain recognition as civilized. Signup and view all the answers

What did the 1901 Protocol following the Boxer rebellion primarily regulate?

The methods and protocols of diplomatic interactions Signup and view all the answers

Which revolution marked Japan's first major indication of power against unequal treaties?

The Russo-Japanese War Signup and view all the answers

What event led Britain to provisionally renounce its extraterritorial rights over Japan?

The Aoki-Kimberley Treaty in 1894 Signup and view all the answers

In the context of international relations, what was a crucial aspect of the 'standard of civilization'?

The requirement for nations to eliminate barbaric practices Signup and view all the answers

How did Japan's response to Western powers differ from the traditional approach of other nations?

Japan engaged diplomatically while adapting its laws. Signup and view all the answers

What does the discussion suggest about positive international law regarding barbarous states and their citizens?

Positive international law applies only to relationships involving aliens. Signup and view all the answers

Study Notes

Extraterritoriality: A Reflection of Civilization Standards

Extraterritorial jurisdiction, a practice of applying one's own laws to citizens abroad, was initially justified by European nations through the concept of "civilization standards."
Despite extraterritoriality being imposed by force, Europeans viewed it as consistent with legal equality between nations.
Treaty rights granted to Westerners in China and Japan were based on the idea that all members of the international community must adhere to a minimal standard of civilized behavior.
The Treaty of Nanking (1842) guaranteed full protection for Chinese and British subjects within each other's territories, conveniently overlooking China's lack of interest in such reciprocity.
Extraterritoriality was justified by appealing to "reciprocal" enjoyment of "universal" standards of legal fairness, overlooking the fact that China resisted Western diplomacy for years.
When a nation could discharge its jurisdictional duties, international law expected jurisdiction over aliens to be returned to local authorities.
The discrimination inherent in extraterritoriality was presented as a temporary deviation from the ideal of sovereign equality, a consequence of China's perceived uncivilized behavior.
China, upholding a Sinocentric world order, resisted even the form of Western diplomacy until the early 20th century.
Japan, initially hostile towards Western influence, learned to play the game of Western diplomacy and strategically exploited the pledge of equal treatment implicit in the classic standard of civilization.
Japan implemented legal and administrative reforms to protect Westerners as expected, eliminating "barbaric" practices.
The introduction of representative parliamentary institutions served as a symbol of Japan's "progress" and "civilization."
Britain provisionally renounced its extraterritorial rights in the 1894 Aoki-Kimberley Treaty, a decade before Japan's victory against Russia, showcasing Japan's growing power.
Japan's victories in the Sino-Japanese and Russo-Japanese wars bolstered its claim to membership in the society of civilized nations.

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Description

Explore the concept of extraterritoriality and its justification through civilization standards as practiced by European nations. This quiz delves into historical treaties, particularly the Treaty of Nanking, and examines the implications for legal equality and international relations. Understand how these practices shaped interactions between Western and Eastern nations.