Backlash against international law by the East? How the concept of ‘transplantation’ helps us to better understand reception processes of international law

Open Access
Authors
Publication date 11-01-2019
Publisher Völkerrechtsblog
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
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.
Document type Web publication or website
Note Part of symposium: South and East Asian Perspectives on International Law.
Language English
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