China Unbounded

Abstract 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.