Backlash against international law by the East? How the concept of ‘transplantation’ helps us to better understand reception processes of international law
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| Publication date | 11-01-2019 |
| Publisher | Völkerrechtsblog |
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| Abstract |
In this blog post, I propose to look into the process of what I call the ‘transplantation’ of international law. With this I mean the process which takes place during the adoption of a foreign legal system. It entails that the transplanted law necessarily comes to be rooted in the society to which it is transplanted to and hence, that this society comes to nourish such transplanted law. The central claim of this post is that the adoption of international law must be understood as such a transplantation of concepts and formats of western legal systems by the East. This will be illustrated with the example of the genesis of the concept of right in Japan.
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| Document type | Web publication or website |
| Note | Part of symposium: South and East Asian Perspectives on International Law. |
| Language | English |
| Published at |
https://doi.org/10.17176/20190115-100552-0
(Other version)
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| Published at |
https://voelkerrechtsblog.org/backlash-against-international-law-by-the-east/
(Final published version)
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| Downloads |
backlash-against-international-law-by-the-east_voelkerrechtsblog
(Final published version)
Backlash_against_international_law_by_the_East
(Other version)
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