Internationales und Ausländisches Recht


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The Crafting of the Postwar Peace Treaty with Japan, 1945–1951


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This book examines how the Treaty of Peace with Japan, a momentous agreement that delineated postwar order in the Pacific, was negotiated between Japan and 48 other nations in 1951. Even though the treaty was created to legally end the state of war between Japan and its Pacific War enemies, many other considerations - some of which had hardly anything to do with the Pacific War - were involved. The US-Soviet rivalry was the most representative, but this was not the only factor. For instance, the decision to invite Cambodia, Laos and Vietnam as signatories was determined based on French colonial interests, Indochinese yearning for independence and the need for French contribution in the North Atlantic Treaty Organization. Similarly, German reparations settlements after the First and Second World Wars impacted Japanese reparations settlement. Meanwhile, the commercial terms of the treaty were informed by the Great Depression and its legacies. This book addresses these aspects of the peace treaty that are hitherto not sufficiently elaborated upon in existing studies. Highlighting the importance of the treaty for shaping postwar East Asia and international relations in the region to the present day, this book will be a valuable resource for students and scholars of post-war Japan, International relations, and the Cold War.




Shimaji Mokurai and the Reconception of Religion and the Secular in Modern Japan


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Religion is at the heart of such ongoing political debates in Japan as the constitutionality of official government visits to Yasukuni Shrine, yet the very categories that frame these debates, namely religion and the secular, entered the Japanese language less than 150 years ago. To think of religion as a Western imposition, as something alien to Japanese reality, however, would be simplistic. As this in-depth study shows for the first time, religion and the secular were critically reconceived in Japan by Japanese who had their own interests and traditions as well as those received in their encounters with the West. It argues convincingly that by the mid-nineteenth century developments outside of Europe and North America were already part of a global process of rethinking religion. The Buddhist priest Shimaji Mokurai (1838–1911) was the first Japanese to discuss the modern concept of religion in some depth in the early 1870s. In his person, indigenous tradition, politics, and Western influence came together to set the course the reconception of religion would take in Japan. The volume begins by tracing the history of the modern Japanese term for religion, shūkyō, and its components and exploring the significance of Shimaji’s sectarian background as a True Pure Land Buddhist. Shimaji went on to shape the early Meiji government’s religious policy and was essential in redefining the locus of Buddhism in modernity and indirectly that of Shinto, which led to its definition as nonreligious and in time to the creation of State Shinto. Finally, the work offers an extensive account of Shimaji’s intellectual dealings with the West (he was one of the first Buddhists to travel to Europe) as well as clarifying the ramifications of these encounters for Shimaji’s own thinking. Concluding chapters historicize Japanese appropriations of secularization from medieval times to the twentieth century and discuss the meaning of the reconception of religion in modern Japan. Highly original and informed, Shimaji Mokurai and the Reconception of Religion and the Secular in Modern Japan not only emphasizes the agency of Asian actors in colonial and semicolonial situations, but also hints at the function of the concept of religion in modern society: a secularist conception of religion was the only way to ensure the survival of religion as we know it today. In this respect, the Japanese reconception of religion and the secular closely parallels similar developments in the West.




A World at Sea


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The past twenty-five years have brought a dramatic expansion of scholarship in maritime history, including new research on piracy, long-distance trade, and seafaring cultures. Yet maritime history still inhabits an isolated corner of world history, according to editors Lauren Benton and Nathan Perl-Rosenthal. Benton and Perl-Rosenthal urge historians to place the relationship between maritime and terrestrial processes at the center of the field and to analyze the links between global maritime practices and major transformations in world history. A World at Sea consists of nine original essays that sharpen and expand our understanding of practices and processes across the land-sea divide and the way they influenced global change. The first section highlights the regulatory order of the seas as shaped by strategies of land-based polities and their agents and by conflicts at sea. The second section studies documentary practices that aggregated and conveyed information about sea voyages and encounters, and it traces the wide-ranging impact of the explosion of new information about the maritime world. Probing the political symbolism of the land-sea divide as a threshold of power, the last section features essays that examine the relationship between littoral geographies and sociolegal practices spanning land and sea. Maritime history, the contributors show, matters because the oceans were key sites of experimentation, innovation, and disruption that reflected and sparked wide-ranging global change. Contributors: Lauren Benton, Adam Clulow, Xing Hang, David Igler, Jeppe Mulich, Lisa Norling, Nathan Perl-Rosenthal, Carla Rahn Phillips, Catherine Phipps, Matthew Raffety, Margaret Schotte.







Alien Land Tenure in Japan


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