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A propos de deux clichés sur l’histoire du droit international en Asie de l’est : une reconsidération de l’ordre mondial chinois et du discours de traités inégaux

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Chapter Summary

A quick survey of the literature on the history of international law gives one the impression that everything has already been said regarding the history of international law in East Asia. This chapter identifies the three elements in quotes that represent the mainstream of the doctrine on the history of international law: first, the Chinese world order was hierarchical until the introduction of "international law" in the 19th century, second, during this period, China and Japan were isolated and locked; and thirdly, international law at the time, "the public law of Europe" was imposed on China and Japan in the form of unequal treaties. Recent studies conducted by some historians are starting to undermine the stereotypes. The first treaties concluded by China and Japan were considered "uneven" and "imposed" because the "discourse" of "unequal treaties" was politically necessary in China and Japan in the 19th and 20th centuries.

Keywords: international law; Chinese world; public law of Europe; Japan; East Asia



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