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María Luz incident

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The María Luz incident ( マリア・ルス号事件 , Maria-Rusu-Gō Jiken ) was a diplomatic incident between the early Meiji government of the Empire of Japan and the Republic of Peru over a merchant ship holding Chinese indentured labourers in slavery-like conditions in Yokohama in 1872. It was an early test of the independence of the Japanese judiciary system and a challenge to the extraterritoriality provisions of the unequal treaties then in force between Japan and the western powers.

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173-474: On July 9, 1872, the María Luz , a Peruvian cargo ship en route from Macao to Callao , Peru, with a cargo of Chinese indentured labourers for Peruvian plantations, called on the treaty port of Yokohama, Japan, to repair damage suffered during a severe storm. While anchored at Yokohama, one Chinese coolie aboard escaped by jumping overboard and swimming to the nearby British warship HMS Iron Duke . When he

346-604: A national legal system and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court . Treaties such as the Geneva Conventions require national law to conform to treaty provisions. National laws or constitutions may also provide for

519-496: A "general recognition" by states "whose interests are specially affected". The second element of the test, opinio juris, the belief of a party that a particular action is required by the law is referred to as the subjective element. The ICJ has stated in dictum in North Sea Continental Shelf that, "Not only must the acts concerned amount to a settled practice, but they must also be such, or be carried out in such

692-886: A UN agency with the mission of protecting employment rights which was established in 1919. The ILO has a constitution setting out a number of aims, including regulating work hours and labour supply, protecting workers and children and recognising equal pay and the right to free association, as well as the Declaration of Philadelphia of 1944, which re-defined the purpose of the ILO. The 1998 Declaration on Fundamental Principles and Rights at Work further binds ILO member states to recognise fundamental labour rights including free association, collective bargaining and eliminating forced labour, child labour and employment discrimination. The ILO have also created labour standards which are set out in their conventions and recommendations. Member states then have

865-399: A broad range of domains, including war and diplomacy , economic relations , and human rights . International law differs from state-based domestic legal systems in that it operates largely through consent , since there is no universally accepted authority to enforce it upon sovereign states . States and non-state actors may choose to not abide by international law, and even to breach

1038-403: A dispute, determining if a domestic court has jurisdiction and determining whether foreign judgments can be enforced . The first question relates to whether the domestic court or a foreign court is best placed to decide the case. When determining the national law that should apply, the lex causae is the law that has been chosen to govern the case, which is generally foreign, and the lexi fori

1211-530: A four-year term: 14 are directly elected , 12 indirectly elected , and 7 appointed by the Chief Executive. Indirectly elected assemblymen are selected from limited electorates representing sectors of the economy or special interest groups. All directly elected members are chosen with proportional representation . Twelve political parties had representatives elected to the Legislative Assembly in

1384-507: A large portion of nonresident workers to live in Zhuhai. Macau has a capitalist service economy largely based on casino gaming and tourism. It is the world's 83rd-largest economy , with a nominal GDP of approximately MOP433 billion (US$ 53.9 billion). The GDP per capita was US$ 69,430 in 2023. Although Macau has one of the highest per capita GDPs, the territory also has a high level of wealth disparity . Macau's gambling industry

1557-567: A local judgment between the same parties. On a global level, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards was introduced in 1958 to internationalise the enforcement of arbitral awards , although it does not have jurisdiction over court judgments. A state must prove that it has jurisdiction before it can exercise its legal authority. This concept can be divided between prescriptive jurisdiction, which

1730-593: A major warehouse during the late 16th century, providing a crucial connection in exporting Chinese silk to Japan during the Nanban trade period. Although the Portuguese were initially prohibited from fortifying Macau or stockpiling weapons, the Fortaleza do Monte was constructed in response to frequent Dutch naval incursions . The Dutch attempted to take the city in the 1622 Battle of Macau , but were repelled successfully by

1903-468: A much greater role in governing the territory during this period; Chinese residents were subject to Qing courts and new construction had to be approved by the resident mandarin beginning in the 1740s. As the opium trade became more lucrative during the 18th century, Macau again became an important stopping point en route to China. Following the First Opium War and the establishment of Hong Kong by

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2076-487: A multilateral treaty. Where a treaty does not have provisions allowing for termination or withdrawal, such as the Genocide Convention, it is prohibited unless the right was implied into the treaty or the parties had intended to allow for it. A treaty can also be held invalid, including where parties act ultra vires or negligently, where execution has been obtained through fraudulent, corrupt or forceful means, or where

2249-606: A number of countries began to distinguish between acta jure gestionis , commercial actions, and acta jure imperii , government actions; the restrictive theory of immunity said states were immune where they were acting in a governmental capacity but not a commercial one. The European Convention on State Immunity in 1972 and the UN Convention on Jurisdictional Immunities of States and their Property attempt to restrict immunity in accordance with customary law. Historically individuals have not been seen as entities in international law, as

2422-749: A number of treaties focused on environmental protection were ratified, including the Declaration of the United Nations Conference on the Human Environment of 1972, the World Charter for Nature of 1982, and the Vienna Convention for the Protection of the Ozone Layer of 1985. States generally agreed to co-operate with each other in relation to environmental law, as codified by principle 24 of

2595-433: A particular legal circumstance. Historically the comity theory has been used although the definition is unclear, sometimes referring to reciprocity and sometimes being used as a synonym for private international law. Story distinguished it from "any absolute paramount obligation, superseding all discretion on the subject". There are three aspects to conflict of laws – determining which domestic court has jurisdiction over

2768-547: A population density of 21,340 people per square kilometre, Macau is the most densely populated region in the world. The overwhelming majority (88.7 per cent) are Chinese , many of whom originate from Guangdong (31.9 per cent) or Fujian (5.9 per cent). The remaining 11.6 per cent are non ethnic Chinese minorities, primarily Filipinos (4.6 per cent), Vietnamese (2.4 per cent), and Portuguese (1.8 per cent). Several thousand residents are of Macanese heritage, native-born multiracial people with mixed Portuguese ancestry. Of

2941-602: A range of entities, including the Church , mercantile city-states, and kingdoms, most of which had overlapping and ever-changing jurisdictions. As in China and India, these divisions prompted the development of rules aimed at providing stable and predictable relations. Early examples include canon law , which governed ecclesiastical institutions and clergy throughout Europe; the lex mercatoria ("merchant law"), which concerned trade and commerce; and various codes of maritime law , such as

3114-403: A share of GDP peaked in 2013 at over 60 per cent, and continues to account for 49.1 per cent of total economic output. The vast majority of casino patrons are tourists from mainland China, making up 68 per cent of all visitors. Casino gaming is illegal in both the mainland and Hong Kong, giving Macau a legal monopoly on the industry in China. Revenue from Chinese high rollers has been falling and

3287-452: A sparsely populated collection of coastal islands, Macau, often referred to as the "Las Vegas of the East", since the late 20th century has become a major resort city and a top destination for gambling tourism. Its gambling industry is seven times larger than that of Las Vegas . The city has one of the highest GDPs per capita and GDPs per capita by purchasing power parity in the world. It has

3460-613: A special status. The rules in a treaty can only be considered national law if the contents of the treaty have been enacted first. An example is the United Kingdom; after the country ratified the European Convention on Human Rights , the convention was only considered to have the force of law in national law after Parliament passed the Human Rights Act 1998 . In practice, the division of countries between monism and dualism

3633-435: A starting point but does not recognise that organisations can have no separate personality but nevertheless function as an international organisation. The UN Economic and Social Council has emphasised a split between inter-government organisations (IGOs), which are created by inter-governmental agreements, and international non-governmental organisations (INGOs). All international organisations have members; generally this

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3806-546: A state and res communis which is territory that cannot be acquired by a state. There have historically been five methods of acquiring territorial sovereignty , reflecting Roman property law: occupation, accretion, cession , conquest and prescription . The law of the sea is the area of international law concerning the principles and rules by which states and other entities interact in maritime matters. It encompasses areas and issues such as navigational rights, sea mineral rights, and coastal waters jurisdiction. The law of

3979-400: A state and, separately, it may recognise that nation's government as being legitimate and capable of representing the state on the international stage. There are two theories on recognition; the declaratory theory sees recognition as commenting on a current state of law which has been separately satisfied whereas the constitutive theory states that recognition by other states determines whether

4152-431: A state can be considered to have legal personality. States can be recognised explicitly through a released statement or tacitly through conducting official relations, although some countries have formally interacted without conferring recognition. Throughout the 19th century and the majority of the 20th century, states were protected by absolute immunity, so they could not face criminal prosecution for any actions. However

4325-406: A trading post from China by paying annual lease of hundreds of silver taels to Ming China. Luso-Canton trade relations were formally reestablished in 1554, and Portugal soon after acquired a permanent lease for Macau in 1557, agreeing to pay 500 taels of silver as annual land rent. Macau became a stopover on the sea lane that connected Japan with the wider world. The Portuguese could avoid

4498-414: A treaty "shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose". This represents a compromise between three theories of interpretation: the textual approach which looks to the ordinary meaning of the text, the subjective approach which considers factors such as the drafters' intention, and

4671-634: A treaty but such violations, particularly of peremptory norms , can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war. The sources of international law include international custom (general state practice accepted as law), treaties , and general principles of law recognised by most national legal systems. Although international law may also be reflected in international comity —the practices adopted by states to maintain good relations and mutual recognition—such traditions are not legally binding . The relationship and interaction between

4844-478: A very high Human Development Index of 0.925, as calculated by the Government of Macau , and the fourth-highest life expectancy in the world. The territory is highly urbanised, holding the status of the most densely populated territory on Earth; two-thirds of the total land area is built on land reclaimed from the sea . The first known written record of the name "Macau", rendered as "A Ma Gang" ( 亞/阿-媽/馬-港 ),

5017-492: A way, as to be evidence of a belief that this practice is rendered obligatory by the existence of a rule of law requiring it". A committee of the International Law Association has argued that there is a general presumption of an opinio juris where state practice is proven but it may be necessary if the practice suggests that the states did not believe it was creating a precedent. The test in these circumstances

5190-437: Is Coloane Alto , 170.6 m (560 ft) above sea level. Urban development is concentrated on peninsular Macau, where most of the population lives. The peninsula was originally a separate island with hilly terrain, which gradually became a tombolo as a connecting sandbar formed over time. Both natural sedimentation and land reclamation expanded the area enough to support urban growth. Macau has tripled its land area in

5363-669: Is a complicated question, since like the Galicia region in Spain , it is not an independent country, but only a part of China. However, the Instituto Internacional de Macau ( 澳門國際研究所 ) and the University of São José are Consultative Observers of the CPLP. The territory is divided into seven parishes. Cotai , a major area developed on reclaimed land between Taipa and Coloane , and areas of

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5536-461: Is also able to issue a conditional declaration stating that it will consent to a given treaty only on the condition of a particular provision or interpretation. Article 54 of the VCLT provides that either party may terminate or withdraw from a treaty in accordance with its terms or at any time with the consent of the other party, with 'termination' applying to a bilateral treaty and 'withdrawal' applying to

5709-473: Is also heavily subsidised. Migrant workers living in Macau account for over 25 per cent of the entire workforce. They largely work in lower wage sectors of the economy, including construction, hotels, and restaurants. As a growing proportion of local residents take up employment in the gaming industry, the disparity in income between local and migrant workers has been increasing. Rising living costs have also pushed

5882-584: Is claiming rights under refugee law but as, argued by the political theorist Hannah Arendt , human rights are often tied to someone's nationality. The European Court of Human Rights allows individuals to petition the court where their rights have been violated and national courts have not intervened and the Inter-American Court of Human Rights and the African Court on Human and Peoples' Rights have similar powers. Traditionally, sovereign states and

6055-452: Is considered the seminal event in international law. The resulting Westphalian sovereignty is said to have established the current international legal order characterised by independent nation states , which have equal sovereignty regardless of their size and power, defined primarily by non-interference in the domestic affairs of sovereign states, although historians have challenged this narrative. The idea of nationalism further solidified

6228-613: Is defined under Article 1 of the Montevideo Convention on the Rights and Duties of States as a legal person with a permanent population, a defined territory, government and capacity to enter relations with other states. There is no requirement on population size, allowing micro-states such as San Marino and Monaco to be admitted to the UN, and no requirement of fully defined boundaries, allowing Israel to be admitted despite border disputes . There

6401-415: Is dual season dominant – summer (May to September) and winter (December to February) are the longest seasons, while spring (March and April) and autumn (October and November) are relatively brief periods. The summer monsoon brings warm and humid air from the sea, with the most frequent rainfall occurring during the season. Typhoons also occur most often then, bringing significant spikes in rainfall. During

6574-449: Is found in a letter dated 20 November 1555. The local inhabitants believed that the sea goddess Matsu (alternatively called A-Ma) had blessed and protected the harbour and referred to the waters around A-Ma Temple by her name. When Portuguese explorers first arrived in the area and asked for the place name, the locals thought they were asking about the temple and told them it was "Ma Kok" ( 媽閣 ). The earliest Portuguese spelling for this

6747-407: Is no academic consensus about what is included within this scope. They are considered to be derived from both national and international legal systems, although including the latter category has led to debate about potential cross-over with international customary law. The relationship of general principles to treaties or custom has generally been considered to be "fill[ing] the gaps" although there

6920-591: Is often more complicated; countries following both approaches may accept peremptory norms as being automatically binding and they may approach treaties, particularly later amendments or clarifications, differently than they would approach customary law. Many countries with older or unwritten constitutions do not have explicit provision for international law in their domestic system and there has been an upswing in support for monism principles in relation to human rights and humanitarian law, as most principles governing these concepts can be found in international law. A state

7093-615: Is restricted to states, although it can include other international organisations. Sometimes non-members will be allowed to participate in meetings as observers. The Yearbook of International Organizations sets out a list of international organisations, which include the UN, the WTO, the World Bank and the IMF. Generally organisations consist of a plenary organ, where member states can be represented and heard; an executive organ, to decide matters within

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7266-531: Is still no conclusion about their exact relationship in the absence of a hierarchy. A treaty is defined in Article 2 of the Vienna Convention on the Law of Treaties (VCLT) as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation". The definition specifies that

7439-471: Is the territorial principle , which states that a nation has jurisdiction over actions which occur within its territorial boundaries. The second is the nationality principle , also known as the active personality principle, whereby a nation has jurisdiction over actions committed by its nationals regardless of where they occur. The third is the passive personality principle, which gives a country jurisdiction over any actions which harm its nationals. The fourth

7612-578: Is the authority of a legislature to enact legislation on a particular issue, and adjudicative jurisdiction, which is the authority of a court to hear a particular case. This aspect of private international law should first be resolved by reference to domestic law, which may incorporate international treaties or other supranational legal concepts, although there are consistent international norms. There are five forms of jurisdiction which are consistently recognised in international law; an individual or act can be subject to multiple forms of jurisdiction. The first

7785-598: Is the largest in the world, generating over MOP195 billion (US$ 24 billion) in revenue and about seven times larger than that of Las Vegas . Macau's gambling revenue was $ 37 billion in 2018. Taxes from gambling revenues fund a robust welfare system and an annual cash payment to Macau's citizens. The regional economy is heavily reliant on casino gaming. The vast majority of government funding (79.6 per cent of total tax revenue) comes from gaming. Local taxes on personal income, residential property, and retail sales range from non-existent to negligible. Gambling as

7958-553: Is the most densely populated region in the world. Formerly a Portuguese colony, the territory of Portuguese Macau was first leased to Portugal by the Ming dynasty as a trading post in 1557. Portugal paid an annual rent and administered the territory under Chinese sovereignty until 1887. Portugal later gained perpetual colonial rights in the Sino-Portuguese Treaty of Peking . The colony remained under Portuguese rule until

8131-444: Is the national law of the court making the determination. Some examples are lex domicilii , the law of the domicile, and les patriae , the law of the nationality. The rules which are applied to conflict of laws will vary depending on the national system determining the question. There have been attempts to codify an international standard to unify the rules so differences in national law cannot lead to inconsistencies, such as through

8304-467: Is the protective principle, where a nation has jurisdiction in relation to threats to its "fundamental national interests". The final form is universal jurisdiction , where a country has jurisdiction over certain acts based on the nature of the crime itself. Following World War II, the modern system for international human rights was developed to make states responsible for their human rights violations. The UN Economic and Security Council established

8477-551: Is very similar to Hong Kong's. The regional government is composed of three branches: The Chief Executive is the head of government, and serves for a maximum of two five-year terms. The State Council (led by the Premier of China ) appoints the Chief Executive after nomination by the Election Committee, which is composed of 400 business, community, and government leaders. The Legislative Assembly has 33 members, each serving

8650-428: Is whether opinio juris can be proven by the states' failure to protest. Other academics believe that intention to create customary law can be shown by states including the principle in multiple bilateral and multilateral treaties, so that treaty law is necessary to form customs. The adoption of the VCLT in 1969 established the concept of jus cogens , or peremptory norms, which are "a norm accepted and recognized by

8823-496: Is widely regarded as the father of international law, being one of the first scholars to articulate an international order that consists of a "society of states" governed not by force or warfare but by actual laws, mutual agreements, and customs. Grotius secularised international law; his 1625 work, De Jure Belli ac Pacis , laid down a system of principles of natural law that bind all nations regardless of local custom or law. He inspired two nascent schools of international law,

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8996-559: The Haijin policies. It was limited only to Macau on a lesser scale while the new dynasty focused on eliminating surviving Ming loyalists . While the Kangxi Emperor lifted the prohibition in 1684, China again restricted trade decades later under the Canton System in 1757. Foreign ships were required to stop first at Macau before further proceeding to Canton . Qing authorities exercised

9169-531: The "Uniting for Peace" resolution of 3 November 1950, which allowed the organ to pass recommendations to authorize the use of force. This resolution also led to the practice of UN peacekeeping , which has been notably been used in East Timor and Kosovo . There are more than one hundred international courts in the global community, although states have generally been reluctant to allow their sovereignty to be limited in this way. The first known international court

9342-470: The 1999 handover to China. Macau is a special administrative region of China, which maintains separate governing and economic systems from those of mainland China under the principle of " one country, two systems ". The unique blend of Portuguese and Chinese architecture in the city's historic centre has resulted in its inscription on the UNESCO World Heritage List in 2005. Originally

9515-634: The 2017 election . These parties have aligned themselves into two ideological groups: the pro-establishment (the current government) and pro-democracy camps. Macau is represented in the National People's Congress by 12 deputies chosen through an electoral college, and 29 delegates in the Chinese People's Political Consultative Conference appointed by the central government . Macau has generally congenial relations with China's central government. Chinese national law does not generally apply in

9688-562: The Chinese Communist Party in exchange for continued administration of Macau. Following the 1974 Carnation Revolution , Portugal formally relinquished Macau as an overseas province and acknowledged it as a "Chinese territory under Portuguese administration". After China first concluded arrangements on Hong Kong's future with the United Kingdom , it entered negotiations with Portugal over Macau in 1986. These concluded with

9861-756: The EFTA Court and the Court of Justice of the Andean Community . Interstate arbitration can also be used to resolve disputes between states, leading in 1899 to the creation of the Permanent Court of Arbitration which facilitates the process by maintaining a list of arbitrators. This process was used in the Island of Palmas case and to resolve disputes during the Eritrean-Ethiopian war . The ICJ operates as one of

10034-467: The Hague and Geneva Conventions , the first of which was passed in 1864. Colonial expansion by European powers reached its peak in the late 19th century and its influence began to wane following the unprecedented bloodshed of World War I , which spurred the creation of international organisations. Right of conquest was generally recognized as international law before World War II . The League of Nations

10207-604: The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters and the Brussels Regulations . These treaties codified practice on the enforcement of international judgments, stating that a foreign judgment would be automatically recognised and enforceable where required in the jurisdiction where the party resides, unless the judgement was contrary to public order or conflicted with

10380-459: The Hobbesian notion that the state of nature was one of war and conflict, arguing that the natural state of the world is actually peaceful but weak and uncertain without adherence to the law of nations. The actions of a state consist of nothing more than the sum of the individuals within that state, thereby requiring the state to apply a fundamental law of reason, which is the basis of natural law. He

10553-700: The Holy See were the sole subjects of international law. With the proliferation of international organisations over the last century, they have also been recognised as relevant parties. One definition of international organisations comes from the ILC's 2011 Draft Articles on the Responsibility of International Organizations which in Article 2(a) states that it is "an organization established by treaty or other instrument governed by international law and possessing its own international legal personality". This definition functions as

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10726-461: The Indian subcontinent was divided into various states, which over time developed rules of neutrality, treaty law , and international conduct, and established both temporary and permanent embassies . Following the collapse of the western Roman Empire in the fifth century CE, Europe fragmented into numerous often-warring states for much of the next five centuries. Political power was dispersed across

10899-663: The International Bank for Reconstruction and Development (World Bank) to the World Health Organization furthered the development of a multilateralist approach as states chose to compromise on sovereignty to benefit from international cooperation. Since the 1980s, there has been an increasing focus on the phenomenon of globalisation and on protecting human rights on the global scale, particularly when minorities or indigenous communities are involved, as concerns are raised that globalisation may be increasing inequality in

11072-712: The International Covenant on Economic, Social and Cultural Rights (ICESCR). These two documents along with the UDHR are considered the International Bill of Human Rights . Non-domestic human rights enforcement operates at both the international and regional levels. Established in 1993, the Office of the UN High Commissioner for Human Rights supervises Charter-based and treaty-based procedures. The former are based on

11245-631: The Macau New Urban Zone do not have defined parishes. Historically, the parishes belonged to one of two municipalities (the Municipality of Macau or the Municipality of Ilhas ) that were responsible for administering municipal services. The municipalities were abolished in 2001 and superseded by the Civic and Municipal Affairs Bureau in providing local services. Macau is located on China's southern coast, 60 km (37 mi) west of Hong Kong , on

11418-584: The Rio Declaration of 1972. Despite these, and other, multilateral environmental agreements covering specific issues, there is no overarching policy on international environmental protection or one specific international organisation, with the exception of the UN Environmental Programme . Instead, a general treaty setting out the framework for tackling an issue has then been supplemented by more specific protocols. Climate change has been one of

11591-637: The Rolls of Oléron — aimed at regulating shipping in North-western Europe — and the later Laws of Wisby , enacted among the commercial Hanseatic League of northern Europe and the Baltic region . In the Islamic world , Muhammad al-Shaybani published Al-Siyar Al-Kabīr in the eighth century, which served as a fundamental reference work for siyar , a subset of Sharia law , which governed foreign relations. This

11764-401: The Sino-Portuguese Treaty of Peking . This agreement also prohibited Portugal from ceding Macau without Chinese approval. Despite occasional conflict between Cantonese authorities and the colonial government, Macau's status remained unchanged through the republican revolutions of both Portugal in 1910 and China in 1911 . The Kuomintang further affirmed Portuguese jurisdiction in Macau when

11937-483: The Sociedade de Turismo e Diversões de Macau . This licence was renegotiated and renewed several times before ending in 2002 after 40 years. The government then allowed open bidding for casino licences to attract foreign investors. Along with an easing of travel restrictions on mainland Chinese visitors, this triggered a period of rapid economic growth; from 1999 to 2016, Macau's gross domestic product multiplied by 7 and

12110-650: The Song dynasty (960–1279 AD), it was under the jurisdiction of the new Xiangshan County . In 1277, approximately 50,000 refugees fleeing the Mongol conquest of China settled in the coastal area. The first European visitor to reach China by sea was the explorer Jorge Álvares , who arrived in 1513. Merchants first established a trading post in Hong Kong waters at Tamão , present-day Tuen Mun , beginning regular trade with nearby settlements in southern China. Military clashes between

12283-749: The Standing Committee of the National People's Congress can also override territorial judicial processes. In 2021, after similar actions were taken in Hong Kong following the protests associated with the Anti-Extradition Law Amendment Bill Movement, 21 candidates running for office in the territorial elections were disqualified as a result of allegedly failing to support the Basic Law, although no specific violations were noted by

12456-581: The State Council . Further reclamation is underway to develop parts of the Macau New Urban Zone . The territory also has control over part of an artificial island to maintain a border checkpoint for the Hong Kong–Zhuhai–Macau Bridge . Despite being located south of the Tropic of Cancer , Macau has a humid subtropical climate ( Köppen Cwa ), characteristic of southern China. The territory

12629-550: The UN Commission on Human Rights in 1946, which developed the Universal Declaration of Human Rights (UDHR), which established non-binding international human rights standards, for work, standards of living, housing and education, non-discrimination, a fair trial and prohibition of torture. Two further human rights treaties were adopted by the UN in 1966, the International Covenant on Civil and Political Rights (ICCPR) and

12802-612: The World Trade Organization and United Nations . The regional government maintains trade offices in Greater China and other nations. Public political demonstrations in Macau are generally rare. Macau is not a member of the Community of Portuguese Language Countries , despite Portuguese being one of its official languages. This is due to it not being a sovereign nation, but a subnational division of China. In 2006, during

12975-525: The handover , resulting in an executive-led governing system largely inherited from the territory's history as a Portuguese colony. Under these terms and the " one country, two systems " principle, the Basic Law of Macao is the regional constitution . Because negotiations for the Joint Declaration and Basic Law began after transitional arrangements for Hong Kong were made, Macau's structure of government

13148-526: The matchlock musket arquebuses , which they named bird guns , and breech-loading swivel guns , which they named as Folangji ( Frankish ) cannon because the Portuguese were known to the Chinese under the name of Franks at this time. The Portuguese later returned to China peacefully and presented themselves under the name Portuguese instead of Franks in the Luso-Chinese agreement (1554) . They rented Macau as

13321-542: The right of abode in Macau and are subject to immigration controls. Public finances are handled separately from the national government, and taxes levied in Macau do not fund the central authority. The Macao Garrison is responsible for the region's defence. Although the Chairman of the Central Military Commission is supreme commander of the armed forces, the regional government may request assistance from

13494-430: The simplified characters used on the mainland. English is considered an additional working language and is spoken by over a quarter of the population (27.5 per cent); 2.8 per cent are native speakers, and 24.7 per cent speak English as a second language. Macanese Patois , a local creole generally known as Patuá , is now spoken only by a few in the older Macanese community. Religion in Macau (2012) According to

13667-458: The "law of nations", which unlike its eponymous Roman predecessor, applied natural law to relations between states. In Islam, a similar framework was developed wherein the law of nations was derived, in part, from the principles and rules set forth in treaties with non-Muslims. The 15th century witnessed a confluence of factors that contributed to an accelerated development of international law. Italian jurist Bartolus de Saxoferrato (1313–1357)

13840-695: The British, Macau lost its role as a major port. Firecracker and incense production, as well as tea and tobacco processing, were vital industries in the colony during this time. Portugal was able to capitalise on China's postwar weakness and assert its sovereignty; the Governor of Macau began refusing to pay China annual land rent for the colony in the 1840s, and annexed Taipa and Coloane , in 1851 and 1864, respectively. Portugal also occupied nearby Lapa and Montanha . But these were returned to China by 1887, when perpetual occupation rights over Macau were formalised in

14013-471: The Chinese labourers were freed of their contracts. Herrera challenged the decision in an appeal with English barrister F.V. Dickins (who was fluent in classical Japanese and a translator of Japanese poetry ) as his legal advisor. Dickins countered with the argument that involuntary servitude was practiced in Japan in the form of the sale of prostitutes and in the contractual debts of apprenticeship , and

14186-492: The Government Information Bureau, 80 per cent of the population practices Buddhism , 6.7 per cent follow Christianity and 13.7 per cent follow other religion. Folk practices are also common among the citizens. According to Pew Research Center , Chinese folk religions have the most adherents (58.9 per cent) and are followed by Buddhism (17.3 per cent) and Christianity (7.2 per cent), while 15.4 per cent of

14359-724: The Greek concept of natural law , the Romans conceived of jus gentium as being universal. However, in contrast to modern international law, the Roman law of nations applied to relations with and between foreign individuals rather than among political units such as states. Beginning with the Spring and Autumn period of the eighth century BCE, China was divided into numerous states that were often at war with each other. Rules for diplomacy and treaty-making emerged, including notions regarding just grounds for war ,

14532-463: The ICJ has set a high bar for enforcement in the cases of Anglo-Norwegian Fisheries and North Sea Continental Shelf . There has been legal debate on this topic with the only prominent view on the length of time necessary to establish custom explained by Humphrey Waldock as varying "according to the nature of the case". The practice is not required to be followed universally by states, but there must be

14705-765: The II Ministerial meeting between China and Portuguese Speaking Countries, the CPLP Executive Secretary and Deputy ambassador Tadeu Soares invited the Chief Executive of the Government of the Macau Special Administrative Region, Edmund Ho, to request the Associate Observer status for Macau. The Government of Macau has yet to make this request. In 2016, Murade Murargy, then executive secretary of CPLP said in an interview that Macau's membership

14878-572: The Japanese judge ruling that the Peruvian captain and contractor were in violation of international law , and not Japanese law. After the ruling, Herrera fled from Yokohama to Shanghai on another vessel, abandoning the María Luz at Yokohama. The Qing dynasty Chinese government issued an official letter thanking the Japanese government for its strong stance and assistance rendered to Chinese subjects; however, most European nations remained displeased with

15051-710: The Ming and Portuguese navies followed the expulsion of the Tamão traders in 1521. Despite the trade ban, Portuguese merchants continued to attempt to settle on other parts of the Pearl River estuary, finally settling on Macau. In their first attempts at obtaining trading posts by force, the Portuguese were defeated by the Ming Chinese at the Battle of Tunmen in Tamão (or Tuen Mun ) in 1521, where

15224-461: The Pearl River and inched towards Quanzhou and Ningbo . But as they failed to establish trading relationships with the Chinese, the Portuguese focused on trade with Japan. The Roman Catholic Diocese of Macau was created in 1576, and by 1583 the Municipal Council of Macau had been established to handle municipal affairs for the growing settlement. Macau was at the peak of its prosperity as

15397-514: The Philippines, Australia, Vietnam and the Russian Far East led in 2019 to the lowest revenues in three years. Export-oriented manufacturing previously contributed to a much larger share of economic output, peaking at 36.9 per cent of GDP in 1985 and falling to less than 1 per cent in 2017. The bulk of these exports were cotton textiles and apparel, but also included toys and electronics. At

15570-489: The Portuguese lost two ships. They were also defeated at the Battle of Sincouwaan around Lantau Island , where the Portuguese lost two more ships. Other defeats include Shuangyu in 1548, where several Portuguese were captured, and near Dongshan County in 1549, where two Portuguese junks and Galeote Pereira were captured. During these battles the Ming Chinese captured weapons from the defeated Portuguese which they reverse engineered and mass-produced in China. These included

15743-574: The Portuguese. Macau entered a period of decline in the 1640s following a series of catastrophic events for the burgeoning colony: Portuguese access to trade routes was irreparably severed when Japan halted trade in 1639, and after the Portuguese Restoration War of 1640, Portuguese Malacca fell to the Dutch in 1641. Maritime trade with China was banned in 1644 following the Qing conquest under

15916-634: The State Council, Sanjō Sanetomi , authorized Soejima to proceed, and Mutsu resigned his position in protest. Soejima took steps to prevent the María Luz from leaving port, and after reviewing the ship's records and interviewing the officers, found that its cargo of illiterate indentured laborers had been deceived in Macao into signing contracts, the contents of which they could not read or understand, and were being confined against their will under inhumane conditions. Many had been kidnapped, and most had no idea of

16089-571: The Treaty of Peking was renegotiated in 1928. During the Second World War , the Empire of Japan did not occupy the colony and generally respected Portuguese neutrality in Macau. However, after Japanese troops captured a British cargo ship in Macau waters in 1943, Japan installed a group of government "advisors" as an alternative to military occupation. The territory largely avoided military action during

16262-554: The UDHR was drafted, although many countries in the Global South have led the development of human rights on the global stage in the intervening decades. International labour law is generally defined as "the substantive rules of law established at the international level and the procedural rules relating to their adoption and implementation". It operates primarily through the International Labor Organization (ILO),

16435-577: The UN Charter and operate under the UN Human Rights Council , where each global region is represented by elected member states. The Council is responsible for Universal Periodic Review , which requires each UN member state to review its human rights compliance every four years, and for special procedures, including the appointment of special rapporteurs , independent experts and working groups. The treaty-based procedure allows individuals to rely on

16608-444: The UN Charter or international treaties, although in practice there are no relevant matters in the UN Charter. The ICJ may also be asked by an international organisation to provide an advisory opinion on a legal question, which are generally considered non-binding but authoritative. Conflict of laws , also known as private international law, was originally concerned with choice of law , determining which nation's laws should govern

16781-612: The choice as to whether or not to ratify and implement these standards. The secretariat of the ILO is the International Labour Office, which can be consulted by states to determine the meaning of a convention, which forms the ILO's case law. Although the Right to Organise Convention does not provide an explicit right to strike, this has been interpreted into the treaty through case law. The UN does not specifically focus on international labour law, although some of its treaties cover

16954-483: The colony expanded its clothing and textiles manufacturing industry, developed its tourism industry, and legalised casino gaming. However, at the height of the Cultural Revolution , residents dissatisfied with the colonial administration rioted in the 1966 12-3 incident , in which 8 people were killed and more than 200 were injured. Portugal lost full control over the colony afterwards, and agreed to cooperate with

17127-457: The common consent of these states" and this definition has been largely adopted by international legal scholars. There is a distinction between public and private international law ; the latter is concerned with whether national courts can claim jurisdiction over cases with a foreign element and the application of foreign judgments in domestic law, whereas public international law covers rules with an international origin. The difference between

17300-598: The competence of the organisation; and an administrative organ, to execute the decisions of the other organs and handle secretarial duties. International organisations will typically provide for their privileges and immunity in relation to its member states in their constitutional documents or in multilateral agreements, such as the Convention on the Privileges and Immunities of the United Nations . These organisations also have

17473-452: The concept and formation of nation-states. Elements of the naturalist and positivist schools were synthesised, notably by German philosopher Christian Wolff (1679–1754) and Swiss jurist Emer de Vattel (1714–1767), both of whom sought a middle-ground approach. During the 18th century, the positivist tradition gained broader acceptance, although the concept of natural rights remained influential in international politics, particularly through

17646-518: The conduct of warfare during the American Civil War , and is noted for codifying rules and articles of war adhered to by nations across the world, including the United Kingdom, Prussia, Serbia and Argentina. In the years that followed, numerous other treaties and bodies were created to regulate the conduct of states towards one another, including the Permanent Court of Arbitration in 1899, and

17819-414: The court's rulings, and supported official diplomatic protests from the Peruvian government. In June 1873, the Japanese government requested that Tsar Alexander II of Russia arbitrate the issue as a neutral party, and in 1875, he confirmed Japan's position. The María Luz incident was a diplomatic victory for Japan in asserting itself against the unequal treaties. The outcome of the incident accelerated

17992-530: The decline of the "coolie trade" in Peru and elsewhere. In Japan, the incident also led to new legislation in late 1872, emancipating burakumin outcasts , prostitutes , and other bonded laborers in Japan. Macao Macau or Macao is a special administrative region of the People's Republic of China . With a population of about 710,000 people and a land area of 32.9 km (12.7 sq mi), it

18165-481: The determination of rules of law". It was originally considered that the arrangement of the sources sequentially would suggest an implicit hierarchy of sources; however, the statute does not provide for a hierarchy and other academics have argued that therefore the sources must be equivalent. General principles of law have been defined in the Statute as "general principles of law recognized by civilized nations" but there

18338-403: The economy and taxes corporations at very low rates. Post-handover administrations have generally been more involved in enhancing social welfare to counter the cyclical nature of the gaming industry. Economic growth has been attributed in large part to the high number of mainlander visits to Macau, and the central government exercises a role in guiding casino business growth through its control of

18511-408: The efficiency of the procedures themselves. Legal territory can be divided into four categories. There is territorial sovereignty which covers land and territorial sea, including the airspace above it and the subsoil below it, territory outside the sovereignty of any state, res nullius which is not yet within territorial sovereignty but is territory that is legally capable of being acquired by

18684-436: The exception of states who have been persistent objectors during the process of the custom being formed and special or local forms of customary law. The requirement for state practice relates to the practice, either through action or failure to act, of states in relation to other states or international organisations. There is no legal requirement for state practice to be uniform or for the practice to be long-running, although

18857-474: The exception of the United Kingdom responded negatively, charging that Japan had overstepped the bounds of various treaties to rule against a foreign company and foreign captain. In addition, the incident had arisen within the borders of Yokohama, which was at the center of the extraterritorial zone granted by treaty. Ōe turned to Soejima, who upheld the court's decision despite foreign opposition and charges of lack of jurisdiction, and on August 30, Ōe ruled that

19030-424: The first escapee had been brutally treated by the Peruvian captain on his return to the ship. Together with a boarding party of British Marines , Watson personally inspected the vessel, and found that the rumor was true, and that the Chinese passengers were being treated in conditions similar to slavery . Watson formally approached Japanese Foreign Minister Soejima Taneomi to take action. The Japanese government

19203-533: The flow of tourists. The Closer Economic Partnership Arrangement formalised a policy of free trade between Macau and mainland China, with each jurisdiction pledging to remove remaining obstacles to trade and cross-boundary investment. Due to a lack of available land for farming, agriculture is not significant in the economy. Food is exclusively imported to Macau and almost all foreign goods are transshipped through Hong Kong. International law International law (also known as public international law and

19376-502: The focus was on the relationship between states. As human rights have become more important on the global stage, being codified by the UN General Assembly (UNGA) in the Universal Declaration of Human Rights in 1948, individuals have been given the power to defend their rights to judicial bodies. International law is largely silent on the issue of nationality law with the exception of cases of dual nationality or where someone

19549-566: The garrison. Macau residents are not required to perform military service and the law also has no provision for local enlistment, so its defence force is composed entirely of nonresidents. The State Council and the Ministry of Foreign Affairs handle diplomatic matters, but Macau retains the ability to maintain separate economic and cultural relations with foreign nations . The territory negotiates its own trade agreements and actively participates in supranational organisations, including agencies of

19722-405: The handover in 1999, manufacturing, financial services, construction and real estate, and gaming were the four largest sectors of the economy. Macau's shift to an economic model entirely dependent on gaming caused concern over its overexposure to a single sector, prompting the regional government to attempt re-diversifying its economy. The government traditionally had a non-interventionist role in

19895-745: The implementation or integration of international legal obligations into domestic law. The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium , used by Hugo Grotius , and droits des gens , used by Emer de Vattel . The definition of international law has been debated; Bentham referred specifically to relationships between states which has been criticised for its narrow scope. Lassa Oppenheim defined it in his treatise as "a law between sovereign and equal states based on

20068-428: The international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character". Where customary or treaty law conflicts with a peremptory norm, it will be considered invalid, but there is no agreed definition of jus cogens . Academics have debated what principles are considered peremptory norms but

20241-560: The international legal system. The sources of international law applied by the community of nations are listed in Article 38(1) of the Statute of the International Court of Justice , which is considered authoritative in this regard. These categories are, in order, international treaties , customary international law , general legal principles and judicial decisions and the teachings of prominent legal scholars as "a subsidiary means for

20414-460: The last century, increasing from 10.28 km (3.97 sq mi) in the late 19th century to 32.9 km (12.7 sq mi) in 2018. Cotai , the area of reclaimed land connecting Taipa and Coloane, contains many of the newer casinos and resorts established after 1999. The region's jurisdiction over the surrounding sea was greatly expanded in 2015, when it was granted an additional 85 km (33 sq mi) of maritime territory by

20587-596: The law of nations ) is the set of rules , norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey. In international relations, actors are simply the individuals and collective entities, such as states, international organizations , and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, often written expectations for behavior and norms are less formal, customary expectations about appropriate behavior that are frequently unwritten. It establishes norms for states across

20760-498: The law of war and towards the domains such as the law of the sea and commercial treaties. The positivist school grew more popular as it reflected accepted views of state sovereignty and was consistent with the empiricist approach to philosophy that was then gaining acceptance in Europe. The developments of the 17th century culminated at the conclusion of the Peace of Westphalia in 1648, which

20933-443: The laws of war and treaties. Francisco de Vitoria (1486–1546), who was concerned with the treatment of indigenous peoples by Spain, invoked the law of nations as a basis for their innate dignity and rights, articulating an early version of sovereign equality between peoples. Francisco Suárez (1548–1617) emphasised that international law was founded upon natural law and human positive law. Dutch jurist Hugo Grotius (1583–1645)

21106-420: The location of their final destination. At a preliminary hearing presided over by Ōe Taku , a court order allowing the Chinese to go ashore at Yokohama was issued, and the court declared that the shipping company owning the María Luz was guilty of wrongdoing. All of the foreign countries represented in Japan at the time were informed of the decision and their opinions were solicited. However, every country with

21279-421: The most important and heavily debated topics in recent environmental law. The United Nations Framework Convention on Climate Change , intended to set out a framework for the mitigation of greenhouse gases and responses to resulting environmental changes, was introduced in 1992 and came into force two years later. As of 2023, 198 states were a party. Separate protocols have been introduced through conferences of

21452-427: The mostly widely agreed is the principle of non-use of force. The next year, the ICJ defined erga omnes obligations as those owed to "the international community as a whole", which included the illegality of genocide and human rights. There are generally two approaches to the relationship between international and national law, namely monism and dualism. Monism assumes that international and national law are part of

21625-512: The nation state, although some academics emphasise that it is distinct from either type of law. It was defined by Philip Jessup as "all law which regulates actions or events that transcend national frontiers". A more recent concept is supranational law , which was described in a 1969 paper as "[a] relatively new word in the vocabulary of politics". Systems of supranational law arise when nations explicitly cede their right to make decisions to this system's judiciary and legislature, which then have

21798-400: The naturalists and the positivists. In the former camp was German jurist Samuel von Pufendorf (1632–1694), who stressed the supremacy of the law of nature over states. His 1672 work, Of the Law of Nature and Nations, expanded on the theories of Grotius and grounded natural law to reason and the secular world, asserting that it regulated only external acts of states. Pufendorf challenged

21971-460: The nine primary human rights treaties: The regional human rights enforcement systems operate in Europe, Africa and the Americas through the European Court of Human Rights , the Inter-American Court of Human Rights and the African Court on Human and Peoples' Rights . International human rights has faced criticism for its Western focus, as many countries were subject to colonial rule at the time that

22144-625: The parties , including the Kyoto Protocol which was introduced in 1997 to set specific targets for greenhouse gas reduction and the 2015 Paris Agreement which set the goal of keeping global warming at least below 2 °C (3.6 °F) above pre-industrial levels. Individuals and organisations have some rights under international environmental law as the Aarhus Convention in 1998 set obligations on states to provide information and allow public input on these issues. However few disputes under

22317-475: The parties must be states, however international organisations are also considered to have the capacity to enter treaties. Treaties are binding through the principle of pacta sunt servanda , which allows states to create legal obligations on themselves through consent. The treaty must be governed by international law; however it will likely be interpreted by national courts. The VCLT, which codifies several bedrock principles of treaty interpretation, holds that

22490-405: The parties must sign to indicate acceptance of the wording but there is no requirement on a state to later ratify the treaty, although they may still be subject to certain obligations. When signing or ratifying a treaty, a state can make a unilateral statement to negate or amend certain legal provisions which can have one of three effects: the reserving state is bound by the treaty but the effects of

22663-520: The population profess no religious affiliation at all. Small minorities adhering to other religions (less than 1 per cent), including Hinduism , Judaism , and Islam , are also resident in Macau. Life expectancy in Macau was 81.6 years for males and 87.7 years for females in 2018, the fourth highest in the world. Cancer , heart disease , and respiratory disease are the territory's three leading causes of death. Most government-provided healthcare services are free of charge, though alternative treatment

22836-550: The population, 80.1 per cent as a first language and 7.5 per cent as a second language. Only 2.3 per cent can speak Portuguese , the other official language; 0.7 per cent are native speakers, and 1.6 per cent use it as a second language. Increased immigration from mainland China in recent years has added to the number of Mandarin speakers, making up about half of the population (50.4 per cent); 5.5 per cent are native speakers and 44.9 per cent are second language speakers. Traditional Chinese characters are used in writing, rather than

23009-478: The power to enter treaties, using the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations as a basis although it is not yet in force. They may also have the right to bring legal claims against states depending, as set out in Reparation for Injuries , where they have legal personality and the right to do so in their constitution. The UNSC has

23182-400: The power under Chapter VII of the UN Charter to take decisive and binding actions against states committing "a threat to the peace, breach of the peace, or an act of aggression" for collective security although prior to 1990, it has only intervened once, in the case of Korea in 1950. This power can only be exercised, however, where a majority of member states vote for it, as well as receiving

23355-417: The regimes set out in environmental agreements are referred to the ICJ, as the agreements tend to specify their compliance procedures. These procedures generally focus on encouraging the state to once again become compliant through recommendations but there is still uncertainty on how these procedures should operate and efforts have been made to regulate these processes although some worry that this will undercut

23528-426: The region, and Macau is treated as a separate jurisdiction. Its judicial system is based on Portuguese civil law , continuing the legal tradition established during colonial rule. Interpretative and amending power over the Basic Law and jurisdiction over acts of state lie with the central authority, however, making regional courts ultimately subordinate to the mainland's socialist civil law system. Decisions made by

23701-415: The relevant provisions are precluded or changes, the reserving state is bound by the treaty but not the relevant provisions, or the reserving state is not bound by the treaty. An interpretive declaration is a separate process, where a state issues a unilateral statement to specify or clarify a treaty provision. This can affect the interpretation of the treaty but it is generally not legally binding. A state

23874-509: The republican revolutions of the United States and France. Until the mid-19th century, relations between states were dictated mostly by treaties, agreements between states to behave in a certain way, unenforceable except by force, and nonbinding except as matters of honour and faithfulness. One of the first instruments of modern armed conflict law was the Lieber Code of 1863, which governed

24047-476: The right to make laws that are directly effective in each member state. This has been described as "a level of international integration beyond mere intergovernmentalism yet still short of a federal system". The most common example of a supranational system is the European Union . With origins tracing back to antiquity , states have a long history of negotiating interstate agreements. An initial framework

24220-579: The rights of neutral parties, and the consolidation and partition of states; these concepts were sometimes applied to relations with barbarians along China's western periphery beyond the Central Plains . The subsequent Warring States period saw the development of two major schools of thought, Confucianism and Legalism , both of which held that the domestic and international legal spheres were closely interlinked, and sought to establish competing normative principles to guide foreign relations. Similarly,

24393-562: The same legal order. Therefore, a treaty can directly become part of national law without the need for enacting legislation, although they will generally need to be approved by the legislature. Once approved, the content of the treaty is considered as a law that has a higher status than national laws. Examples of countries with a monism approach are France and the Netherlands. The dualism approach considers that national and international law are two separate legal orders, so treaties are not granted

24566-403: The same topics. Many of the primary human rights conventions also form part of international labour law, providing protection in employment and against discrimination on the grounds of gender and race. It has been claimed that there is no concept of discrete international environmental law , with the general principles of international law instead being applied to these issues. Since the 1960s,

24739-469: The sick and wounded. During the European Middle Ages , international law was concerned primarily with the purpose and legitimacy of war, seeking to determine what constituted "just war ". The Greco-Roman concept of natural law was combined with religious principles by Jewish philosopher Maimonides (1135–1204) and Christian theologian Thomas Aquinas (1225–1274) to create the new discipline of

24912-554: The signing of the 1987 Joint Declaration on the Question of Macau , in which Portugal agreed the handover of the colony in 1999 and China guaranteed Macau's political and economic systems for 50 years after the handover. In the waning years of colonial rule, Macau rapidly urbanised and constructed large-scale infrastructure projects, including the Macau International Airport and a new container port . The handover of Macau

25085-550: The six organs of the UN, based out of the Hague with a panel of fifteen permanent judges. It has jurisdiction to hear cases involving states but cannot get involved in disputes involving individuals or international organizations. The states that can bring cases must be party to the Statute of the ICJ , although in practice most states are UN members and would therefore be eligible. The court has jurisdiction over all cases that are referred to it and all matters specifically referred to in

25258-562: The support of the permanent five members of the UNSC. This can be followed up with economic sanctions, military action, and similar uses of force. The UNSC also has a wide discretion under Article 24, which grants "primary responsibility" for issues of international peace and security. The UNGA, concerned during the Cold War with the requirement that the USSR would have to authorise any UNSC action, adopted

25431-472: The teleological approach which interprets a treaty according to its objective and purpose. A state must express its consent to be bound by a treaty through signature, exchange of instruments, ratification, acceptance, approval or accession. Accession refers to a state choosing to become party to a treaty that it is unable to sign, such as when establishing a regional body. Where a treaty states that it will be enacted through ratification, acceptance or approval,

25604-518: The territory's electoral commission. The territory's jurisdictional independence is most apparent in its immigration and taxation policies. The Identification Department issues passports for permanent residents which differ from those issued by the mainland or Hong Kong, and the region maintains a regulated border with the rest of the country. All travellers between Macau and China and Hong Kong must pass border controls, regardless of nationality. Chinese citizens resident in mainland China do not have

25777-470: The total population (excluding migrants), 49.4 per cent were born in Macau, followed by 43.1 per cent in mainland China. A large portion of the population are Portuguese citizens , a legacy of colonial rule; at the time of the handover in 1999, 107,000 residents held Portuguese passports. The predominant language is Cantonese , a variety of Chinese originating in Guangdong. It is spoken by 87.5 per cent of

25950-403: The treaty contradicts peremptory norms. Customary international law requires two elements: a consistent practice of states and the conviction of those states that the consistent practice is required by a legal obligation, referred to as opinio juris . Custom distinguishes itself from treaty law as it is binding on all states, regardless of whether they have participated in the practice, with

26123-434: The two areas of law has been debated as scholars disagree about the nature of their relationship. Joseph Story , who originated the term "private international law", emphasised that it must be governed by the principles of public international law but other academics view them as separate bodies of law. Another term, transnational law, is sometimes used to refer to a body of both national and international rules that transcend

26296-480: The unemployment rate dropped from 6.3 to 1.9 per cent. The Sands Macao , Wynn Macau , MGM Macau , and Venetian Macau were all opened during the first decade after liberalisation of casino concessions. Casinos employ about 24 per cent of the total workforce in the region. "Increased competition from casinos popping up across Asia to lure away Chinese high rollers and tourists" in Singapore, South Korea, Japan, Nepal,

26469-438: The very small size of a 'microstate' helps central authorities to exercise political control, stifle political pluralism, and monopolize opinions, all of which strengthen regime persistence." Macau is a special administrative region of China , with executive, legislative, and judicial powers devolved from the national government . The Sino-Portuguese Joint Declaration provided for economic and administrative continuity through

26642-534: The war except in 1945, when the United States ordered air raids on Macau after learning that the colonial government was preparing to sell aviation fuel to Japan. In 1950 the US paid Portugal more than US$ 20 million in compensation for the damage during the war. Refugees from mainland China swelled the population as they fled from the Chinese Civil War . Access to a large workforce enabled Macau's economy to grow as

26815-570: The western side of the Pearl River estuary. It is surrounded by the South China Sea in the east and south, and neighbours the Guangdong city of Zhuhai to the west and north. The territory consists of Macau Peninsula , Taipa , and Coloane . A 1 km (0.39 sq mi) parcel of land in neighbouring Hengqin island that hosts the University of Macau also falls under the regional government's jurisdiction. The territory's highest point

26988-568: The whole territory. During the Qin dynasty (221–206 BC), the region was under the jurisdiction of Panyu County , Nanhai Prefecture of the province of Guangdong . The region is first known to have been settled during the Han dynasty . It was administratively part of Dongguan Prefecture in the Jin dynasty (266–420 AD), and alternated under the control of Nanhai and Dongguan in later dynasties. In 1152, during

27161-471: The winter, northern winds from the continent bring dry air and much less rainfall. The highest and lowest temperatures recorded at the Macao Meteorological and Geophysical Bureau are 38.9 °C (102.0 °F) on both 2 July 1930 and 6 July 1930 and −1.8 °C (28.8 °F) on 26 January 1948. The Statistics and Census Service estimated Macau's population at 667,400 at the end of 2018. With

27334-425: The world on a per capita basis. Political debates have centred on the region's jurisdictional independence and the central government's adherence of " one country, two systems ". While issues such as national security legislation have been controversial, Macanese residents generally have high levels of trust in the government. Kwong and Wong explain this by comparing Macau to Hong Kong: "The case of Macau shows that

27507-464: The world, from the eastern Mediterranean to East Asia . In Ancient Greece , many early peace treaties were negotiated between its city-states and, occasionally, with neighbouring states. The Roman Empire established an early conceptual framework for international law, jus gentium , which governed the status of foreigners living in Rome and relations between foreigners and Roman citizens . Adopting

27680-744: Was Amaquão . Multiple variations were used until Amacão / Amacao and Macão / Macao became common during the 17th century. The 1911 reform of Portuguese orthography standardised the spelling as Macau ; however, the use of Macao persisted in English and other European languages. The Macau Peninsula had many names in Chinese, including Jing'ao ( 井澳/鏡澳 ), Haojing ( 濠鏡 ), and Haojing'ao ( 濠鏡澳 ). The islands Taipa , Coloane , and Hengqin were collectively called Shizimen ( 十字門 ). These names would later become Ou mún ( 澳門 ), Aomen in Mandarin and translating as "bay gate" or "port gate", to refer to

27853-585: Was among the earliest scholars to expand international law beyond European Christian nations, advocating for its application and recognition among all peoples on the basis of shared humanity. In contrast, positivist writers, such as Richard Zouche (1590–1661) in England and Cornelis van Bynkershoek (1673–1743) in the Netherlands, argued that international law should derive from the actual practice of states rather than Christian or Greco-Roman sources. The study of international law shifted away from its core concern on

28026-404: Was at midnight on 20 December 1999, after 442 years of Portuguese rule. Following the handover, Macau liberalised its casino industry (which previously operated under a government-licensed monopoly) to allow foreign investors, starting a new period of economic development. The regional economy grew by a double-digit annual growth rate from 2002 to 2014, making Macau one of the richest economies in

28199-567: Was based on the division of the world into three categories: the dar al-Islam , where Islamic law prevailed; the dar al-sulh , non-Islamic realms that concluded an armistice with a Muslim government; and the dar al-harb , non-Islamic lands which were contested through jihad . Islamic legal principles concerning military conduct served as precursors to modern international humanitarian law and institutionalised limitations on military conduct, including guidelines for commencing war, distinguishing between civilians and combatants and caring for

28372-734: Was conceptualised by the Ancient Romans and this idea of ius gentium has been used by various academics to establish the modern concept of international law. Among the earliest recorded examples are peace treaties between the Mesopotamian city-states of Lagash and Umma (approximately 3100 BCE), and an agreement between the Egyptian pharaoh , Ramesses II , and the Hittite king , Ḫattušili III , concluded in 1279 BCE. Interstate pacts and agreements were negotiated and agreed upon by polities across

28545-476: Was considered the founder of private international law . Another Italian jurist, Baldus de Ubaldis (1327–1400), provided commentaries and compilations of Roman, ecclesiastical, and feudal law , creating an organised source of law that could be referenced by different nations. Alberico Gentili (1552–1608) took a secular view to international law, authoring various books on issues in international law, notably Law of War , which provided comprehensive commentary on

28718-426: Was established in 1947 to develop and codify international law. In the 1940s through the 1970s, the dissolution of the Soviet bloc and decolonisation across the world resulted in the establishment of scores of newly independent states. As these former colonies became their own states, they adopted European views of international law. A flurry of institutions, ranging from the International Monetary Fund (IMF) and

28891-424: Was forecast to fall as much as 10% more in 2019. Economic uncertainty may account for some of the drop, but alternate Asian gambling venues do as well. For example, Chinese visitors to the Philippines more than doubled between 2015 and 2018, since the City of Dreams casino opened in Manila. Casino gambling was legalised in 1962 and the gaming industry initially operated under a government-licensed monopoly granted to

29064-473: Was founded to safeguard peace and security. International law began to incorporate notions such as self-determination and human rights . The United Nations (UN) was established in 1945 to replace the League, with an aim of maintaining collective security. A more robust international legal order followed, buttressed by institutions such as the International Court of Justice (ICJ) and the UN Security Council (UNSC). The International Law Commission (ILC)

29237-427: Was initially hesitant to take action, as Japan had no formal diplomatic relations with Peru, whose interests in Japan were being handled by the United States . Kanagawa governor Mutsu Munemitsu was strongly opposed to any intervention which might damage Japanese relations with the western nations; however, Justice Minister Etō Shimpei felt that, for humanitarian reasons, the issue could not be ignored. The head of

29410-470: Was originally an intention that a state must have self-determination , but now the requirement is for a stable political environment. The final requirement of being able to enter relations is commonly evidenced by independence and sovereignty. Under the principle of par in parem non habet imperium , all states are sovereign and equal, but state recognition often plays a significant role in political conceptions. A country may recognise another nation as

29583-419: Was the Central American Court of Justice , prior to World War I, when the Permanent Court of International Justice (PCIJ) was established. The PCIJ was replaced by the ICJ, which is the best known international court due to its universal scope in relation to geographical jurisdiction and subject matter . There are additionally a number of regional courts, including the Court of Justice of the European Union ,

29756-408: Was thus not illegal. He further charged that since the Chinese labourers had been hired in Macao, the case fell within the jurisdiction of Portugal due to extraterritoriality agreements between Japan and Portugal, and was supported in this stance by letters from the Portuguese ambassador to Japan. However, Dickens' arguments were not accepted by Ōe, and he lost in a court decision on September 26, with

29929-529: Was turned over to Japanese authorities at Yokohama port , he complained about severe mistreatment and asked for protection and the rescue of 231 other Chinese aboard who were suffering from the same fate. The captain of the María Luz , Ricardo Herrera, was summoned by Japanese authorities and strongly admonished to treat the escapee with leniency and to take better care of his indentured charges. However, another Chinese indentured labourer soon escaped, and word reached acting British consul Robert Grant Watson that

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