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Suzerainty, Semi-Sovereignty, and International Legal Hierarchies on China's Borderlands
Published online by Cambridge University Press: 09 September 2020
Abstract
The concept of semi-sovereignty, a now obsolete category of international entities possessing limited sovereignty, remains hazily understood. However, the historical examination of how semi-sovereignty was defined and practised during the long nineteenth century can provide insights on the interplay between authority and control within the hierarchies of international relations. This paper examines one specific type of semi-sovereignty—namely, suzerainty—which is often used to describe China's traditional authority in Tibet and Mongolia. By examining the events that led to the acceptance of suzerainty as the legal framing for the China-Tibet and China-Mongolia relationships, I argue that suzerainty was a deliberately vague concept that could be used to create liminal international legal spaces to the advantage of Western states, and to mediate between competing claims of political authority. Finally, I point to the importance of semi-sovereignty as an arena of legal contestation between the Western and non-Western members of the “Family of Nations”.
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Footnotes
Lecturer in Politics, Pembroke College, Oxford, and DPhil candidate in International Relations, Nuffield College, Oxford. I wish to thank Gordon Barrett, Benjamin de Carvalho, Andrew Hurrell, Edward Keene, Halvard Leira, Rana Mitter, and Ewan Smith for their comments.
References
1. Jui-Te, CHANG, “An Imperial Envoy: Shen Zonglian in Tibet, 1943–1946” in van de VEN, Hans, LARY, Diana, and MACKINNON, Stephen R., eds., Negotiating China's Destiny in World War II (Stanford: Stanford University Press, 2015), 56Google Scholar.
2. LEAROYD, Arthur, “Configurations of Semi-sovereignty in the Long Nineteenth Century” in BARTELSON, Jens, HALL, Martin, and TEORELL, Jan, eds., De-Centering State Making: Comparative and International Perspectives (Cheltenham: Edward Elgar, 2018), 155Google Scholar. On semi-sovereignty more generally, see KEENE, Edward, Beyond the Anarchical Society: Grotius, Colonialism and Order in World Politics (Cambridge: Cambridge University Press, 2002)CrossRefGoogle Scholar; GENELL, Aimee M., “Autonomous Provinces and the Problem of ‘Semi-Sovereignty’ in European International Law” (2016) 18 Journal of Balkan and Near Eastern Studies 533CrossRefGoogle Scholar; DONNELLY, Jack, “Sovereign Inequalities and Hierarchy in Anarchy: American Power and International Society” (2006) 12 European Journal of International Relations 139CrossRefGoogle Scholar.
3. For an overview, see generally David A. LAKE, “Hierarchy and International Relations: Theory and Evidence” Oxford Research Encyclopedia of Politics (26 September 2017), online: Oxford Research Encyclopedia of Politics <https://oxfordre.com/politics/view/10.1093/acrefore/9780190228637.001.0001/acrefore-9780190228637-e-324>; ZARAKOL, Ayşe, ed., Hierarchies in World Politics (Cambridge: Cambridge University Press, 2017)CrossRefGoogle Scholar.
4. A typical example of this view is Daniel Philpott's sweeping claim that “[o]ver the ensuing three hundred years [since 1648], the history of the sovereign states system is largely the history of Westphalia's geographic extension”. PHILPOTT, Daniel, Revolutions in Sovereignty: How Ideas Shaped Modern International Relations (Princeton, NJ: Princeton University Press, 2001) at 33Google Scholar. On modern critiques of the expansion thesis, see generally VIOLA, Lora Anna, The Closure of the International System: How Institutions Create Political Equalities and Hierarchies (Cambridge: Cambridge University Press, 2020)CrossRefGoogle Scholar; ACHARYA, Amitav and BUZAN, Barry, The Making of Global International Relations: Origins and Evolution of IR at its Centenary (Cambridge: Cambridge University Press, 2019)CrossRefGoogle Scholar.
5. See, for instance, HU, Cheng, Quanqiu hua yu guojia zhuquan: Bijiao fenxi [Globalization and National Sovereignty: A Comparative Analysis] (Beijing: Tsinghua University Press, 2003) at 61Google Scholar; Guangmin, LI et al. , Guo ji fa [International Law] (Beijing: Tsinghua University Press, 2006) at 38Google Scholar. The latter's description of the nature of sovereignty (inviolable, indivisible, and inalienable) clearly has its origins in Bodin and Rousseau. Similar descriptions can be found in countless Chinese textbooks.
6. See generally WANG, Zheng, Never Forget National Humiliation: Historical Memory in Chinese Politics and Foreign Relations (New York: Columbia University Press, 2014)Google Scholar.
7. Yongjin, ZHANG, “Understanding Chinese Views of the Emerging Global Order” in Gungwu, WANG and Yongnian, ZHENG, eds., China and the New International Order (Abingdon: Routledge, 2008) 149 at 161Google Scholar.
8. China's Tibet: A Bimonthly of Tibetan News & Views (Beijing: Minzu Press, 1990) at 4.
9. Information Office of the State Council of The People's Republic of China, “Tibet—Its Ownership and Human Rights Situation” (2003) 2 Chinese Journal of International Law 747 at 758.
10. Qingtao, LIU, “‘Zongzhuquan’ yu chuantong fanshu tixi de jieti—cong ‘zong fan guanxi’ yi ci de laiyuan tan qi” [“‘Suzerainty’ and Disintegration of the Traditional Vassal System: From the Origin of the Chinese Word ‘Zongzhu Quan (宗主权)’”] (2017) 27 China's Borderland History and Geography Studies 1 at 13Google Scholar.
11. See e.g. CHENEY, Amanda J., “Tibet Lost in Translation: Sovereignty, Suzerainty and International Order Transformation, 1904–1906” (2017) 26 Journal of Contemporary China 769CrossRefGoogle Scholar; ANAND, Dibyesh, “Strategic Hypocrisy: The British Imperial Scripting of Tibet's Geopolitical Identity” (2009) 68 Journal of Asian Studies 227CrossRefGoogle Scholar; SAUTMAN, Barry, “All that Glitters is not Gold: Tibet as a Pseudo-State” (2009) 3 Maryland Series in Contemporary Asian Studies 1Google Scholar.
12. In relation to Tibet a similar point was also recently advanced in CARRAI, Marie Adele, “Learning Western Techniques of Empire: Republican China and the New Legal Framework for Managing Tibet” (2017) 30 Leiden Journal of International Law 801CrossRefGoogle Scholar.
13. OPPENHEIM, L., International Law: A Treatise. Volume 1: Peace, 2nd ed. (London: Longmans, Green and Co., 1912) at 141Google Scholar.
14. Ibid.
15. KELKE, W.H.H., “Feudal Suzerains and Modern Suzerainty” (1896) 12 Law Quarterly Review 215Google Scholar.
16. Definitive Treaty of Peace and Amity between Austria, Great Britain, Portugal, Prussia, Russia and Sweden, and France, signed at Paris, 30 May 1814, 63 CTS 171, art. 8.
17. Act of the Congress of Vienna, signed between Austria, France, Great Britain, Portugal, Prussia, Russia, and Sweden, 9 June 1815, 64 CTS 453.
18. Treaty between Austria, France, Great Britain, Prussia, Russia, and Switzerland relative to Neuchâtel, signed at Paris, 26 May 1857, 117 CTS 9, art. I.
19. Treaty between France, Great Britain and Russia for the Pacification of Greece, signed at London, 6 July 1827, 77 CTS 307, art. II.
20. Treaty of Peace between Russia and Turkey, signed at Adrianople, 14 September 1829, 80 CTS 83.
21. Kelke, supra note 15 at 216.
22. Oppenheim, supra note 13 at 140.
23. CRANE, Robert Treat, The State in Constitutional and International Law (Baltimore, MD: Johns Hopkins Press, 1907) at 13–17Google Scholar.
24. Oppenheim, supra note 13 at 135.
25. OPPENHEIM, L., ed., The Collected Papers of John Westlake on Public International Law (Cambridge: Cambridge University Press, 1914), at 220Google Scholar. For the quasi-official British view on the topic, see Sir ILBERT, Courtenay, The Government of India, Being a Digest of the Statute Law Relating Thereto, with Historical Introduction and Illustrative Documents (Oxford: Clarendon Press, 1898) at 143Google Scholar. See also LEGG, Stephen, “An International Anomaly? Sovereignty, the League of Nations and India's Princely Geographies” (2014) 12 Journal of Historical Geography 96Google Scholar.
26. Kelke, supra note 15 at 226. See also CRAWFORD, James, The Creation of States in International Law, 2nd ed. (Oxford: Clarendon Press, 2007) at 321CrossRefGoogle Scholar.
27. MACDONELL, John, “Suzerainty” in CHISHOLM, Hugh, ed., The Encyclopædia Britannica Eleventh Edition, vol. 26 (New York: Encyclopædia Britannica Inc., 1911), 173–5Google Scholar.
28. PANAITE, Viorel, “The Legal and Political Status of Wallachia and Moldova in Relation to the Ottoman Porte” in KÁRMÁN, Gábor and KUNČEVIĆ, Lovro, eds., The European Tributary States of the Ottoman Empire in the Sixteenth and Seventeenth Centuries (Leiden: Brill, 2013), 9 at 19–20Google Scholar.
29. It was said that the King of Naples held the city from the Holy See in exchange for the symbolic payment of a horse to the Pope each year.
30. LAW, Edward, Ellenborough, Lord, A Political Diary, 1828–1830 (London: Richard Bentley & Son, 1881) at 78Google Scholar.
31. Macdonell, supra note 27.
32. OPPENHEIM, L., “The Science of International Law: Its Task and Method” (1908) 2 American Journal of International Law 313CrossRefGoogle Scholar.
33. Another writer who took an approach like Macdonell's was Ernst Freud, who wrote that “Suzerainty is title without corresponding power; protectorate is power without corresponding title”. See FREUD, Ernst, “The Control of Dependencies Through Protectorates” (1899) 14 Political Science Quarterly 19 at 28Google Scholar.
34. BATY, Thomas, International Law in South Africa (London: Steven and Haynes, 1900) at 57Google Scholar.
35. This episode, of considerable obscurity, was later said to have contributed to the outbreak of the Second Boer War. See generally SCHREUDER, D.M., Gladstone and Kruger: Liberal Government & Colonial ‘Home Rule’ 1880–85 (London: Routledge & Kegan Paul, 1969)Google Scholar.
36. ANGHIE, Antony, Imperialism, Sovereignty and the Making of International Law (Cambridge: Cambridge University Press, 2005) at 87CrossRefGoogle Scholar. On the use of protectorates to avoid the costs of direct rule, see also KOSKENNIEMI, Martti, The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870–1960 (Cambridge: Cambridge University Press, 2001) at 124–5CrossRefGoogle Scholar.
37. HASS, Mark L., The Ideological Origins of Great Power Politics, 1789–1989 (Ithaca, NY: Cornell University Press, 2005) at 78Google Scholar; NORBU, Dawa, China's Tibet Policy (Richmond: Curzon Press, 2001) at 158CrossRefGoogle Scholar.
38. See, for instance, WIGHT, Martin, Systems of States (Leicester: Leicester University Press, 1977)Google Scholar; KRASNER, Stephen D., “Organized Hypocrisy in Nineteenth-Century East Asia” (2001) 1 International Relations of the Asia-Pacific 173CrossRefGoogle Scholar; KANG, David C., East Asia Before the West: Five Centuries of Trade and Tribute (New York: Columbia University Press, 2010)Google Scholar.
39. ZHANG, Feng, “International Societies in Pre-Modern East Asia: A Preliminary Framework” in BUZAN, Barry and ZHANG, Yongjin, eds., Contesting International Society in East Asia (Cambridge: Cambridge University Press, 2014), 29 at 32Google Scholar.
40. Liu, supra note 10.
41. Cheney, supra note 11 at 778.
42. Liu, supra note 10.
43. ZHANG, Yongjin and BUZAN, Barry, “The Tributary System as International Society in Theory and Practice” (2012) 5 Chinese Journal of International Politics 3CrossRefGoogle Scholar.
44. United States v. the Netherlands (1928) 2 R.I.A.A. 829.
45. NORBU, Dawa, “The Europeanization of Sino-Tibetan Relations, 1775–1907: The Genesis of Chinese ‘Suzerainty’ and Tibetan ‘Autonomy’” (1990) 15 The Tibet Journal 28Google Scholar.
46. Sir BELL, Charles, Tibet, Past & Present (Oxford: Clarendon Press, 1924) at 215Google Scholar.
47. Richard SPENCER, “UK Recognises China's Direct Rule over Tibet” The Daily Telegraph (5 November 2008).
48. 01-24-009-01-024, Diplomatic Archives, Institute of Modern History, Academia Sinica (hereinafter Waijiaobu archives). The French government's version is printed in France, Ministère des Affaires étrangères, Documents diplomatiques: Affaires du Tonkin, deuxième partie, décembre 1882–1883 (Paris: Imprimerie nationale, 1883) at 144–5.
49. EASTMAN, Lloyd E., Throne and Mandarins: China's Search for a Policy During the Sino-French Controversy, 1880–1885 (Cambridge, MA: Harvard University Press, 1967) at 41–2Google Scholar.
50. France, Documents diplomatiques, supra note 48.
51. Waijiaobu archives, 02-16-001-06-61, quoted in Cheney, supra note 11 at 780 (emphasis added).
52. See ONON, Urgungge and PRITCHATT, Derrick, Asia's First Modern Revolution: Mongolia Proclaims Its Independence in 1911 (Leiden: E.J. Brill, 1989)Google Scholar.
53. For many years the treaty was shrouded in mystery, with Chinese (and some Western) writers suggesting that it did not, in fact, exist. A copy resurfaced in the Mongolian state archives in 2007. For general background, see GRUNFELD, A. Tom, The Making of Modern Tibet, Revised Edition (Abingdon: Routledge, 2015) at 65CrossRefGoogle Scholar.
54. Zhonghua Minguo linshi yuefa (11 March 1912), art. 3.
55. Qinding Xianfa Dagang (27 August 1908), art. 1.
56. Text in Zhonghua Minguo zhengfu gongbao [Republic of China Government Gazette], No. 103, 21 August 1912.
57. At least in Mongolia, the vision had very little traction, as the Republic of China was viewed as “the country of the Han people”. See TACHIBANA, Makoto, “The 1911 Revolution and ‘Mongolia’: Independence, Constitutional Monarchy, or Republic” (2014) 3 Journal of Contemporary East Asia Studies 69CrossRefGoogle Scholar.
58. FENG, Jianyong, “The 1911 Revolution and the Frontier: The ‘Political Game’ and ‘State-Building’ in Outer Mongolia During the 1911 Revolution” (2014) 12 Asia-Pacific Journal 1Google Scholar.
59. See NEMZER, Louis, “The Status of Outer Mongolia in International Law” (1939) 33 American Journal of International Law 452CrossRefGoogle Scholar.
60. Treaty of Peace, Boundaries etc. Between China and Russia, 21 October 1727, 33 CTS 23; Treaty Between China and Russia Respecting the Re-Establishment of Chinese Authority in the Country of Ili etc., signed at St Petersburg, 12(24) February 1881, 158 CTS 79.
61. TIMKOWSKI, George, Travels of the Russian Mission Through Mongolia to China, and Residence in Peking, in the Years 1820–1821 (London: Longman, Rees, Orme, Brown, and Green, 1827) at 316Google Scholar.
62. The deal was ratified through a secret annex to the Treaty of Portsmouth. See MATSUI, Masato, “The Russo-Japanese Agreement of 1907: Its Causes and the Progress of Negotiations” (1972) 6 Modern Asian Studies 33CrossRefGoogle Scholar.
63. Alternatively transliterated as Jebtsundamba Khutuktu, the holders of the title occupied a position analogous to that of the Dalai Lama in Tibet under the ancien régime, being simultaneously the highest-ranking lama and political leader.
64. SANDERS, Alan J.K., Historical Dictionary of Mongolia, 3rd ed. (Lanham, MD: Scarecrow Press, 2010) at 113Google Scholar.
65. Declaration Relative to Outer Mongolia Between China and Russia, signed at Peking, 5 November 1913, 219 CTS 13.
66. The official Chinese minutes of the Kyakhta negotiations are reproduced in Yiran, LU, ed., Beiyang zhengfu shiqi de menggu diqu lishi ziliao (hereinafter cited as Beiyang menggu ziliao) (Harbin: Heilongjiang Educational Publishing House, 1999)Google Scholar.
67. Ibid., at 41–2.
68. Ibid., at 50.
69. Ibid., at 44.
70. Ibid., at 44, 50, 54, 60. On territorial integrity, see BLAY, Samuel K.N., “Territorial Integrity and Political Independence” in WOLFRUM, Rüdiger and SÓLVEIGARDÓTTIR, Margrét, eds., Max Planck Encyclopedia of Public International Law, vol. IX (Oxford: Oxford University Press, 2012), 863Google Scholar.
71. It is worth noting that until about 1880 Russian diplomatic usage had always referred to the Chinese emperor as the Bogd Khan. BOULGER, Demetrius C., The Life of Sir Halliday Macartney (London: John Lane the Bodley Head, 1908) at 342Google Scholar.
72. Lu, supra note 66 at 45. The calendar issue must have seemed an exceptionally petty one for the Russians, yet the issue had some historical resonance. Historically, acceptance of the Chinese calendar by states within the Chinese world-system was an important symbol of its acceptance of Chinese civilization, and tributaries were often required to accept the calendar as a condition of the relationship.
73. Ibid., at 57.
74. Ibid., at 49, 58.
75. Ibid., at 53, 56–8, 69, 72.
76. Ibid., at 63–4.
77. Ibid., at 146, 171.
78. Ibid., at 91, 146.
79. Ibid., at 52.
80. Agreement between China, Mongolia and Russia Relative to Outer Mongolia, signed at Kiachta, 7 June 1915, 221 CTS 101.
81. Art. II.
82. Art. IV.
83. Art. IV.
84. Arts. III, V.
85. Arts. V (internal administration), XIII–XV (extra-territoriality), VII (troops), and X (officials).
86. BATBAYAR), Baabar (Bat-Erdene, Twentieth Century Mongolia (Cambridge: White Horse Press, 1999) at 193Google Scholar.
87. John SEXTON, “Miliband Clears up Britain's Tibet Policy” china.org.cn (2 November 2008), online: china.org.cn <http://www.china.org.cn/international/news/2008-11/02/content_16700275.htm>.
88. See Robert BARNETT, “Did Britain Just Sell Tibet?” The New York Times (24 November 2008) at A31; Free Tibet, “Britain Rewrites History by Recognising Tibet as Part of China for the First Time” (6 November 2008), online: <https://www.freetibet.org/news-media/pr/britain-rewrites-history-recognising-tibet-part-china-first-time>.
89. On the Anglo-Chinese Convention and suzerainty, see Cheney, supra note 11.
90. Convention Between Great Britain and Russia Relating to Persia, Afghanistan and Tibet, signed at St Petersburg, 31 August 1907, 204 CTS 404. The Entente was a general settlement of the two powers’ respective spheres of influence, a preliminary step to the formation of the Triple Entente.
91. Bell, supra note 46 at 148–9. Bell was the British political officer for Tibet at the time.
92. Anon, The Boundary Question Between China and Tibet: A Valuable Record of the Tripartite Conference Between China, Great Britain and Tibet Held in India, 1913–1914 (Peking, 1940).
93. Ibid., at 1–7.
94. Ibid., at 3.
95. Ibid., at 23–87.
96. Ibid., at 15–16.
97. Ibid., at 7–11.
98. Ibid., at 91.
99. Ibid., at 91–5.
100. Ibid.
101. Ibid., at 101–14.
102. Ibid., at 102.
103. Ibid.
104. Ibid., at 140.
105. Ibid., at 145–50.
106. The text of the Convention, along with the text of the Anglo-Tibetan Declaration of 3 July which disbarred China from its rights until it signed the Convention, are reprinted together in GOLDSTEIN, Melvyn C., A History of Modern Tibet, 1913–1951: The Demise of the Lamaist State (Berkeley, CA: University of California Press, 1989) at appendix CGoogle Scholar.
107. It appeared that London had instructed McMahon not to sign on these grounds, but the cable had arrived too late.
108. See e.g. Liu, supra note 10; Jiawei, WANG and GYAINCAIN, Nyima, The Historical Status of China's Tibet (Beijing: China Intercontinental Press, 1997)Google Scholar. For a similar post-1949 view from the ROC's perspective, see LI, Tieh-Tseng, “The Legal Position of Tibet” (1956) 50 American Journal of International Law 394CrossRefGoogle Scholar. Chinese sources are unanimous in this interpretation, the only difference being on the degree of blame attached to Ivan Chen for initialling the treaty.
109. Waijiaobu archives, 03-28-024-03-004. This is an important document, as it is one of the few insights into the private attitude of the Chinese government towards both sets of tripartite talks.
110. Ibid.
111. See generally LIN, Hsaio-ting, Tibet and Nationalist China's Frontier: Intrigues and Ethnopolitics, 1928–49 (Vancouver: UBC Press, 2006)Google Scholar.
112. WOODHEAD, H.G.W., ed., The China Year Book 1921–2 (Tientsin: Tientsin Press, 1921)Google Scholar. Quoted and reprinted in NOORANI, A.G., India–China Boundary Problem 1846–1947 (Oxford: Oxford University Press, 2011) at 318–22CrossRefGoogle Scholar. No source is provided, but is said to come from “an official of the Waichiaopu”.
113. Sir John Jordan to Earl Curzon of Kedleston, 2 April 1919, FO 371/3688/79285, The National Archives [TNA].
114. Lord Curzon of Kedleston to Lord George Hamilton, 8 January 1903, in East India (Tibet). Papers Relating to Tibet, Cd. 1920, 162. The despatch is unsigned but the words are undoubtedly Curzon's. His impolitic remark was still cited by the Chinese government as proof of British deviousness a century later.
115. Lord George Hamilton to Lord Curzon of Kedleston, 27 February 1903, in East India (Tibet). Papers Relating to Tibet, Cd. 1920, 183.
116. Convention between Belgium, Bolivia, the British Empire, China, Cuba, Czechoslovakia, Ecuador, France, Greece, Guatemala, Haiti, the Hedjaz, Italy, Japan, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, the Serb-Croat-Slovene State, Siam and the United States relative to the Control of the Trade in Arms and Ammunition, signed at St Germain-en-Laye, 10 September 1919, 225 CTS 482.
117. Curzon to India Office, 23 April 1920, FO 535/F660/22/10.
118. L/P&S/18/344 B. 344, India Office Records, The British Library. The argument was similar to Thomas Baty's and Japan's argument that China, because of its internal disorder, could not be a state. See Thomas BATY, “Can an Anarchy be a State?” (1934) 28 American Journal of International Law 444. From the British point of view, however, this was a somewhat unappealing argument, given its longstanding public support for the integrity of China.
119. Beilby Alston to Earl Curzon of Kedleston, 27 April 1920, FO 371/5315 F/677/22/10.
120. Memorandum by Charles Henry Bentinck, 13 May 1920, FO 371/5315 F/834/22/10.
121. Minute by Miles Lampson, 14 April 1921, FO 371/6607 F/1238.
122. Minute by William Malkin, 14 April 1921, FO 371/6607 F/1238. Malkin thought that Tibet's status as a vassal tended to suggest it was not a part of China, but ignored the fact that the British had accepted the opposite view at Simla. He quoted Oppenheim at some length, but did not take a strong stance either way.
123. India Office to Foreign Office, 15 October 1919, L/P&S/18/344 B.344 P5833.
124. In order to induce China to resume the talks, in 1921 Curzon (by then foreign secretary) told Wellington Koo that unless China came back to the negotiating table Britain would recognize Tibet “as an autonomous state under the suzerainty of China, and intend dealing on this basis with Tibet in the future”. It is not obvious why the Foreign Office thought this would be an effective threat, given that these were the terms China all but accepted at Simla and sought in 1915. In the event the Chinese stalled, and the talks never resumed. The text of Curzon's ultimatum is in FO 371/6609/59/10.
125. Files on this issue are at FO 371/35755 and L/P&S/12/4196.
126. Similarly, “dependent” and “owing some degree of allegiance” were both rejected. See Ashley Clarke to Peel, 17 January 1944, L/P&S/12/4194.
127. Anand, supra note 11 at 240. Tibet considered joining the League of Nations and the Universal Postal Union, but in neither case did the Tibetans pursue the application with any seriousness. Had an application been made, it would have been most unlikely to be granted, even putting the legal problems aside.
128. DOYLE, Arthur Conan, The Great Boer War (New York: McClure, Phillips & Company, 1901) at 20Google Scholar.
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