"China Unbounded: Extraterritoriality, Nationality, and the Late Qing’s Engagement with International Law" - by CWP alum Maria Adele Carrai
Extraterritoriality in China has traditionally been viewed through the lens of the unequal treaties, often symbolizing China’s subjugation to foreign powers. This article repositions the narrative by highlighting the Qing government’s active adaptation of modern international law and its implementation of extraterritoriality to protect its nationals abroad. By the late 19th century, the Qing began to reimagine its imperial domain not only within the emerging paradigm of territorial sovereignty but also through an extraterritorial extension of its authority abroad, leveraging evolving concepts of nationality and jurisdiction over its diaspora abroad. This article highlights how Qing intellectuals and political leaders appropriated Western legal norms to safeguard Chinese nationals abroad, culminating in the promulgation of the Nationality Law of 1909. By examining the evolution of extraterritoriality and the Qing government’s efforts to protect its diaspora, this study situates these practices within the broader frameworks of international law, highlighting the limitations and paradoxes of sovereignty.
In: Journal of the History of International Law / Revue d'histoire du droit international
Author: Maria Adele Carrai
Online Publication Date: 03 Oct 2025
Maria Adele Carrai is an Assistant Professor of Global China Studies at NYU Shanghai. Her research explores the history of international law in East Asia and investigates how China’s rise as a global power shapes norms and redefines the international distribution of power. She co-leads the Research Initiative 'Mapping Global China,' and is the author of Sovereignty in China. A Geneology of a Concept since 1840 (CUP 2019) and co-editor of The China Questions 2 - Critical Insights into US-China Relations (HUP 2022). Before joining NYU Shanghai, she was a recipient of a three-year Marie-Curie fellowship at KU Leuven. She was also a Fellow at the Italian Academy of Columbia University, Princeton-Harvard China and the World Program, Max Weber Program of the European University Institute of Florence, and New York University Law School.
Photo credit: https://brill.com/view/journals/jhil/27/3/article-p397_3.xml
By Original: zh:清朝政府 Vector: Sodacan - Own work, Public Domain, https://commons.wikimedia.org/w/index.php?curid=39922650
