Case Studies of the Legal Status of Foreigners in East Asian Countries under the Unequal Treaties System

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The impetus behind this research has been the intensification of expulsions of foreigners from Asian/Non-Asian countries and the sharp increase in crimes committed by foreigners in Asia. In light of such social problems, the need to investigate the factors that contribute to cultural clashes, the need to reestablish social order, and the need to create legal systems that adequately addresses conflict resolution all become clear. The goal of the current project was to address these needs by clarifying the historical circumstances related to foreigners throughout East Asia from a socio-legal perspective and, in past incidences where conflict has arisen, to examine from a historical perspective how it was dealt with. Issues such as population migrations beginning with the opening of treaty ports, the growth of segregated living quarters, conflict between local and foreign peoples and among local citizenries themselves, and the formation of constitutional nation-states along ethnic lines have all been described in terms of "Western Impact," individual nation, and revolutionary historical narratives. However, more global and encompassing accounts that have included foreigners throughout all of East Asia have been few.Furthermore, however, our research has not been limited to isolated problems regarding foreigners alone, but has also included such questions as the defining characteristics of the Asian legal world, international relations and events, and even the meaning of the term "East Asia" itself. The two main approaches we have taken to answer these questions have been and will continue to be (1) a social-historical one which investigates foreign communities in East Asia, and (2) a comparative legal studies one which examines conflict resolution systems and methods of sanction.