Jedidiah Kroncke and Haimo Li on The Global Scope of Competitive Legalities in the Early 19th-Century South China Sea: The Topaz Incident

"The Global Scope of Competitive Legalities in the Early 19th-Century South China Sea: The Topaz Incident"
Jedidiah Kroncke and Haimo Li
European Journal of International Law, Volume 35, Issue 4, November 2024, pp. 929–958
Published online: February 2025

Abstract: This article examines the 1807 capture of the American merchant vessel Topaz by the British cutter HMS Diana in waters outside of Macau. By unearthing the full transnational context of this event, the article establishes the under-appreciated global scope of post-colonial American foreign policy as well as the early 19th-century Anglo-American rivalry that culminated in the War of 1812. Moreover, explicating the transnational dynamics of the Topaz incident demonstrates the similarly under-appreciated centrality of the China trade to this growing geopolitical rivalry. This trade was materially critical to the resolution of British ambitions in Europe during the Napoleonic Wars, and such importance drove aggressive British reactions to the rapid success of the USA as a re-exporter of Chinese goods. Similarly, Sino-American trade relations were a symbolically charged arena for American ambitions to establish a distinct post-colonial identity as a true adherent to the law of nations. Herein, recovering the full diplomatic and legal aftermath of the Topaz incident also reveals the importance of prize law as a global forum for this era of Anglo-American rivalry as well as how prize law’s particular form of quasi-privatized legality played into often opportunistic American invocations of ‘commercial empire’. The article’s mapping of the local and transnational reactions to the Topaz incidentalso challenges extant scholarship’s focus on Opium War-era treaty negotiations as the primary driver of Qing understandings of Western legalities by highlighting the neglected importance of pre-Opium War legal interactions, especially commercial interactions and conflicts.