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Inter-area/Border Crossing
Jenny Day
Skidmore College, United States
Pär Cassel
University of Michigan, United States
Jaymin Kim
University of St. Thomas, United States
Jenny Day
Skidmore College, United States
Pär Cassel
University of Michigan, United States
Before the internationalization of extradition and asylum in the 20th century, many Asian polities adopted regional-specific rules, institutions, and ad-hoc arrangements to adjudicate cross-border crimes and settle the fate of fugitives, refugees and prisoners of war. The changing relationship between the state and fugitives beyond its borders was an essential, if understudied, aspect in the formation and dissolution of interpolity relations. Recent scholarship has aimed to decolonize the history of international law, which led to a resurgence of interest in Asian interstate relations beyond the Westphalian models of sovereignty. Along these lines, this panel seeks to understand Asian regimes of interstate justice, the experiences of fugitives, and how their treatment shaped regional conflicts and cooperation.
Papers in this panel approach states and fugitives from judicial, diplomatic, and personal perspectives from late Ming to the Qing dynasties. Kim examines the Jin-centered regime of fugitive rendition in 17th century Manchuria, exploring how the lack of such an institution between Jin and Chosŏn made the latter into a haven for Jin fugitive slaves/escapees. Mikhalevskaya fleshes out the experiences of Qing, Shan, and Burmese fugitives in captivity and their indispensable roles in forging new interstate relations and transborder connections between China and Burma in the eighteenth century. Day asks how the emergence of the “political offense exception” in 19th-century extradition treaties shaped the Qing’s political opposition in the post-Taiping era. Together, the papers problematize the concept of “fugitivity” and draw attention to its relationship with state formation, border control, and diplomatic relations.
Paper Presenter: Jaymin Kim – University of St. Thomas
Paper Presenter: Jenny H. Day – Skidmore College
