Please use this identifier to cite or link to this item: https://scholarbank.nus.edu.sg/handle/10635/155629
Title: EXTRATERRITORIALITY AND THE RULE OF LAW: SHANGHAI TREATY PORT AND THE MIXED COURT
Authors: CHIA SHIMIN
Keywords: Extraterritoriality
treaty ports
Shanghai
Shanghai International Settlement
Shanghai Municipal Council
Treaty of Nanjing
Treaty of the Bogue
Treaty of Tientsin
Chefoo Convention
Sir Rutherford Alcock
Yamen
Qing authorities
legal imperialism
colonialism
imperialism
British
French
personal jurisdiction
North China Herald
nationality
race
homicide
robberies
Hongkew Wharf
Sjoberg
mixed court
1843 Land Regulations
legal history
informal empire
gunboat diplomacy
foreign immunity
diplomatic immunity
Consular Courts
legal pluralism
Issue Date: 19-Nov-2018
Citation: CHIA SHIMIN (2018-11-19). EXTRATERRITORIALITY AND THE RULE OF LAW: SHANGHAI TREATY PORT AND THE MIXED COURT. ScholarBank@NUS Repository.
Abstract: In 1843, the opening salvo of the Opium Wars was shot, which heralded the start of a 21-year conflict that would have far-ranging repercussions on relations between China and the West. Not least of all, extraterritoriality was one of the central, and most contentious concessions borne out of the Treaty of Nanjing and subsequent ‘unequal treaties’ signed by China with the West in a slew of defeats. This thesis examines the origins and effect of extraterritoriality on China, specifically examining Shanghai, one of the five treaty ports which was forcefully opened by the West through the signing of the Nanjing treaty. The treaty port has been termed by various scholars as representing a contact space between the West and China and is arguably key in understanding the imperial experience. And in nowhere does extraterritoriality lend itself to more intense interest than in the treaty ports, where in Eileen Scully’s words, extraterritoriality gained the “Midas Touch”, as everything that foreigners touched gained an “extraterritorial” dimension. This thesis gathers a selection of travel accounts, Qing primary sources found in secondary sources, intellectual writings on extraterritoriality, and several court cases from the Shanghai International Mixed Court (SIMC) to dissect the phenomenon of extraterritoriality in one of China’s busiest and oldest treaty ports. It is found that the SIMC has much to offer in terms of understanding extraterritoriality as a unique institution founded on Chinese law and accompanied by foreign assessors which differed from the consular courts which operated on Western and extraterritorial law. This thesis concludes that extraterritorial law in Qing China in the later part of the 19th century was uneven and conditional in its application as issues of “nationality” and “race” had to be considered. Broadly speaking, extraterritorial law did not preclude access to justice for the Chinese and foreigner in the Shanghai treaty port; this thesis is more partial towards the view of extraterritoriality as upholding justice and law rather than being merely a subjugating tool of legal imperialism.
URI: https://scholarbank.nus.edu.sg/handle/10635/155629
Appears in Collections:Bachelor's Theses

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