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This article is a case study on the Yunnanese scholar Li Yuanyang under the background of the Ming's incorporating and sinicizing Yunnan, exploring how he views the Ming's actions and writes Yunnan's becoming a part of China. First, it retells Li's life experiences and examines the Yunnan native things and Chinese traditions in his writings. Then, after noting his emphasis of Yunnan's belonging to China, it concentrates on his comments on the Ming's military campaigns. As it analyzes, on the one hand, he justifies these campaigns against indigenous rebellions, on the other hand, he also criticizes unnecessary wars and some imperial officials' selfish deeds. Besides, he considers the constructing and reconstructing projects as a symbol of the central state's righteous governance, which should also bring benefit and benevolence to the indigenes. In a word, Li's case reflects the deep impact of the Ming's invasion on the local elites, as well as how they react to this.
Relationship of international law and municipal law — Canadian Charter of Rights and Freedoms — Interpretation and application — Interpretation of Section 32(1) of Charter — Jurisdictional scope — Extraterritorial application — Canada’s obligations under international law — Domestic reception of international law — Doctrine of adoption — Prohibitive rules of customary international law as interpretative aid — Principle of respect for sovereignty of foreign States — Principle of non-intervention — Principle of respect for territorial sovereignty of foreign States — Comity as interpretative principle — Presumption of conformity of Canadian legislation to international law — Investigatory actions by Canadian law enforcement officials in Turks and Caicos Islands — Whether Section 8 of Charter applying to searches and seizures by Canadian police outside Canada
Territory — Territorial sovereignty — Customary international law — Principle of respect for sovereignty of foreign State — Principle of sovereign equality — Article 2(1) of United Nations Charter — 1970 UN General Assembly Declaration applying principle to non-UN Member States — Principle of non-intervention — Principle of respect for territorial sovereignty of foreign States — Whether extraterritorial application of Canadian Charter of Rights and Freedoms interfering with sovereign authority of foreign State
Jurisdiction — Principles of jurisdiction — Principles arising from sovereign equality and duty of non-intervention — Bases of jurisdiction — Interplay between various forms and bases of jurisdiction — Whether extraterritorial exercise of jurisdiction permissible — Enforcement jurisdiction — Limits on extraterritorial jurisdiction based on sovereign equality, non-intervention and territoriality principle — Principle of consent — Whether Canada permitted to exercise enforcement jurisdiction over matter outside Canadian territory without consent of other State — Whether Canadian Charter of Rights and Freedoms having extraterritorial application — Whether Section 32 of Charter having territorial limitations
Human rights — Protection of fundamental human rights when Canadian officers investigating abroad — Effective participation in fight against transnational crime — Requirement that Canadian officials follow foreign laws and procedures — Comity — Whether foreign procedures violating fundamental human rights — Balance — Whether international law or Canadian Charter of Rights and Freedoms appropriate vehicle to achieve balance — Whether Charter applying extraterritorially
Comity — Comity of nations as interpretative principle — Appropriateness of comity — Whether any clear violations of international law — The law of Canada
This comment reviews the Supreme Court of Canada’s May 2008 decision in Canada (Justice) v. Khadr, in which the Court announced an exception to its June 2007 holding in R. v. Hape. Hape held, on international legal grounds, that application of the Canadian Charter of Rights and Freedoms to the acts of Canadian officials abroad is “impossible.” Khadr held that this was not so if the acts of Canadian officials abroad amount to participation in a process that violates Canada’s international legal obligations. The author welcomes this partial retrenchment of the Hape principle, which, it is argued, is ill-founded in international law. However, the author is also critical of the Court’s failure to engage directly with Hape's many flaws or to justify in any way the seemingly arbitrary exception to it propounded in Khadr. These failures, it is argued, serve only to deepen the legal and logical incoherencies that currently characterize, in the name of respect for Canada’s international legal obligations, the rules governing the extraterritorial applicability of the Charter.
The majority Supreme Court of Canada judgment in Hape — a case concerning extraterritorial applicability of the Canadian Charter of Rights and Freedoms — is premised on three aspects of the relationship between international and Canadian law: (1) the interaction of customary international law and Canadian common law; (2) the role of Canada’s international legal obligations in Charter interpretation; and (3) the potential role of customary international law as a source of unwritten principles of the Canadian Constitution. This article reviews pre-existing law in all three of these areas and analyzes a number of innovations apparently introduced thereto, with little or no explanation, by the majority in Hape. It concludes that Hape seriously exacerbates an already uncertain relationship between international and Canadian law, with fundamental consequences for the rule of law in Canada.
This study traces the origins and development of the concept of Li 理 (Pattern) in early Chinese Cosmology, locating its foundation in the root metaphor derived from the natural lines or veins along which a block of jade can be split by a skilled artisan. From this relatively concrete image, li comes to eventually represent in Daoist cosmology the more abstract quality of the natural patterns or structures within the universe along which all phenomena move and interact with one another without the interference of human beings. After examining how early Confucian works emphasize the more abstract and derivative qualities of order and structure, we see that the likely Yangist authors in the Lüshi chunqiu return to the original metaphor of veins in jade but, instead, apply this to the veins through which the qi circulates through the human body.
We then see how this metaphor is expanded beyond the human body in the classical Daoist texts to come to represent the natural guidelines both within all phenomena and those that guide their movements within the cosmos. Within phenomena these include such varied things as the structures for the generation and expression of emotions within human beings as well as the natural lines along which the butcher's chopper passes in order to cleave oxen. In Daoist inner cultivation literature it is these patterns with which sages accord so that their spontaneous actions are completely in harmony with the greater forces of the cosmos. Only after long practice of the apophatic contemplative methods that include concentrating on one breathing and emptying out the normal contents of consciousness can the sage be able to accomplish this goal of “taking no action yet leaving nothing undone.” Thus the concept of li as these natural guidelines comes to serve as an explanation for why this classical Daoist dictum is effective in the world.
Finally, the Huainanzi contains the most sophisticated and sustained usages of the concept of li as the natural patterns and guidelines in the cosmos arguing that complying with them is the key to a genuinely contented life.
Between 2012 and 2014 we posted a number of articles on contemporary affairs without giving them volume and issue numbers or dates. Often the date can be determined from internal evidence in the article, but sometimes not. We have decided retrospectively to list all of them as Volume 10, Issue 54 with a date of 2012 with the understanding that all were published between 2012 and 2014.
The American people have become used to government trickery in foreign affairs—wars and interventions based on lies and falsified evidence, “national security” used to justify the whittling away of privacy, classification of documents to hide embarrassing disclosures, massaging of budget figures to mask outrageous spending on arms, and demands for new weapons when already in possession of an unmatched conventional and nuclear arsenal.