This paper examines how the Beijing government of Republican China built relationships with newly established European countries after World War I, and how it treated the citizens of these countries.
In March 1917, during World War I, Republican China broke off diplomatic relations with the German and Austro-Hungarian empires, scrapping all treaties with them, and declared war against them in August. It also cut off relations with the Russian empire, which had experienced a revolution in the same year, but treaties with this empire remained valid. Disputes on the succession of these treaties were to arise between Republican China and newly independent states in connection with the succession of consular jurisdiction.
After the war, talks started individually with central and eastern European countries over the issues of recognizing their independence, succession of the treaties with their old suzerains and treatment of the citizens of the newly independent countries with which treaties had yet to be concluded, i.e. ‘citizens of the non treaties powers’ as described in this paper. Republican China had similar problems also with newly independent countries that had come into existence after the collapse of the Russian empire. While being pressed to respond to the changed order in Europe, domestically the country was in need of laws regarding the treatment of the foreigners who were living in concessions or leased territories: citizens of non-treaty powers anticipating cancellation of consular jurisdiction.
This subject can be examined analogously to the government’s attempt to legally regulate Nanyang overseas Chinese who had become protectorates of third countries in the last years of the Qing Dynasty via the Citizenship Law (1910). The major challenge for Republican China was to establish that, unlike in the last years of the Qing Dynasty, not only the citizens of non- treaties powers (excluding protectorates) but also those of the newly established countries should be outside of consular jurisdiction. Treaty powers registered these citizens of non-treaties powers as protectorates under their consular jurisdiction or simply handled routine diplomatic functions on behalf of them. Sometimes, however, these issues between the countries were handled by treaty powers and citizens of non-treaties powers in a confusing manner that caused disputes with the government of Republican China as described below.
This paper examines how Republican China tried to position the citizens of non-treaties powers in law while attempting to cancel unequal treaties and establish its independent jurisdiction after World War I. The paper is based on a series of diplomatic archives, including ‘Draft on management of citizens of non-treaties powers’ and ‘Draft on treatment of citizens of non treaties powers’, from the Institute of Modern History, Academia Sinica.
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