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Sino-Japanese War and International Law of the Case of the Singking of the S.S. Kowshing(1894-1903)

  • military history
  • 2019, (113), pp.87-132
  • DOI : 10.29212/mh.2019..113.87
  • Publisher : Military History Institute, MND
  • Research Area : Humanities > History
  • Received : October 15, 2019
  • Accepted : November 25, 2019
  • Published : December 15, 2019

Deokkyoo Choi 1

1동북아역사재단

Accredited

ABSTRACT

From the perspective of international law, the Sino-Japanese War is characterized by the absence of international consensus on the timing of its outbreak. Leaving aside the version of official declaration date of war(1 Aug. 1894), another influential version of beginning of hostilities(July 25, 1894) was closely related to the sinking of the British steamship Kowshing. In the late 19th century, There were two schools of European scholars of international law, the one saw a declaration of war as the beginning of the war, and the another who regarded the actual outbreak of the war as the opening. It was made at the second Hague Peace Conference (1907), by calling for international consensus for the legislation of the process on the opening of hostilities. From the beginning of the war to the end of Kowshing case, where compensation was completed eight years after the Sino-Japanese war, the progress of the war was manipulated by British Government judging the interpretation of the law of war, This was the British Empire especially who had the hegemonic power of the world which influenced the outcome of the war by the way of interference and control the situation. So it was reasonable to followed Russian led Triple Intervention, soon after the conclusion of Shimonoseki Treaty from the view of the Anglo-Russian Rivalry. In the end, the Western powers, including the United States, Britain, Russia, Germany, and France, condoned or aided Japan's opening of the Sino-Japanese War, rather than focusing on preventing it from opening up. Still, the Powers were satisfied with Japan's bellicosity shown in the Sino-Japanese War, but at the same time they were also keenly aware of the need to regulate Japan's violations of international laws and inhumane acts. It was a natural consequence that the Peace conferences were convened in the Hague right after the Sino-Japanese War and the Russo-Japanese War.

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