OUVRAGE : M. Tait Slys, Exporting Legality: The Rise and Fall of Extraterritorial Jurisdiction in the Ottoman Empire and China

David ROY

How did two radically different legal cultures, those of the Ottomans and the Chinese, gradually acquire a legal architecture analogous to that of Europe? This ePaper attempts to answer this question by providing a comparative study in legal history of the rise and demise of extraterritorial consular jurisdiction, utilizing a post-colonial and inter-disciplinary approach to international law. The study reveals that the establishment of consular jurisdiction during the nineteenth century was closely linked to the process of legal ‘modernization’ that affected many Asian and Arab societies. As such, this study contributes to the explanation of the gradual convergence of many non-Western traditional legal cultures with typically continental legal structures. This ePaper provides an in-depth analysis of the origin, further development and termination of this controversial institution of public international law as applied to the Ottoman Empire and China. It received the Mariano Garcia Rubio Prize 2013 in International Law.

TABLE OF CONTENTS

Acknowledgments

Introduction

Methodology, Sources and Outline

Chapter I – Definition and Early Origins of Extraterritorial Consular Jurisdiction

Chapter II – ‘No Law Behind the Great Wall’

Chapter III – Extraterritorial Consular Jurisdiction in the Ottoman Empire

Chapter IV – Extraterritorial Consular Jurisdiction in China

Conclusion

Bibliography 

Mariya TAIT SLYS, Exporting Legality: The Rise and Fall of Extraterritorial Jurisdiction in the Ottoman Empire and China, Genève, IHEID, 2014

Mariya Tait Slys holds a Master in International Law from the Graduate Institute and a Bachelor in International and Diplomatic Sciences from Bologna University. Before coming to Geneva, Mariya spent one year studying law and social sciences at the Humboldt University of Berlin. Her current research interests include postcolonial approaches to international law, critical legal studies, history, philosophy and epistemology of international law as well as, more recently, enforced disappearance in some Eastern European countries. Besides her academic interests, she also regularly volunteers for several international film festivals in Geneva and Lausanne. At present, Mariya is pursuing an internship for the International Commission of Jurists’ International Law and Protection Programmes, while working as an assistant for the Graduate Institute's Executive Education department.