Justice and International Law in Meiji Japan: The María Luz Incident and the Dawn of Modernity PDF
Preview Justice and International Law in Meiji Japan: The María Luz Incident and the Dawn of Modernity
“This important volume’s legal analysis of the Maria Luz Incident at a turning point in Japan’s (legal) history offers a rare and detailed window on the legal complexities at the dawn of modernity. A unique, nuanced and sophisticated study that will greatly contribute to understanding early Meiji Japan’s struggle with the practice of modern law and international image.” —Dimitri Vanoverbeke, The University of Tokyo “A unique and fascinating book on a founding stage of the Japanese legal system, largely forgotten nowadays. Giorgio Colombo brings to life in a picturesque way the event in which the Meiji government for the first time demonstrated its choice to turn to a legal system with the most advanced human values in the world.” —Béatrice Jaluzot, Sciences-po Lyon, l’Institut d’Asie Orientale Justice and International Law in Meiji Japan This book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies. Giorgio Fabio Colombo is Professor of Law at the Graduate School of Law, Nagoya University, where he is the Director of the Research Unit “Decolonizing Arbitration.” He is also Visiting Professor of Japanese Law at Ca’ Foscari University of Venice, Italy, and Resident Research fellow of the Italian School of East Asian Studies (ISEAS). 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Boodia-Canoo Justice and International Law in Meiji Japan The María Luz Incident and the Dawn of Modernity Giorgio Fabio Colombo See more at www.routledge.com/Routledge-Research-in-Legal-History/book- series/RRLEGHIST Justice and International Law in Meiji Japan The María Luz Incident and the Dawn of Modernity Giorgio Fabio Colombo First published 2023 by Routledge 4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2023 Giorgio Fabio Colombo The right of Giorgio Fabio Colombo to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library ISBN: 978-1-032-24902-5 (hbk) ISBN: 978-1-032-24903-2 (pbk) ISBN: 978-1-003-28063-7 (ebk) DOI: 10.4324/9781003280637 Typeset in Galliard by Apex CoVantage, LLC Contents Acknowledgement ix 1 Introduction 1 Prologue 1 Legal Modernization and the Road to Modernity in Japan 7 Methodology 18 2 Background 30 Facts of the Case 30 Points of Contention 41 3 Criminal Proceedings 48 Lack of Legislation 48 Composition of the Court 53 Procedural Law 57 Substantive Law 63 4 Civil Proceedings 71 Procedural Law 74 Language of the Procedure 77 Substantive Law 81 5 International Dispute Resolution and Arbitration 90 Diplomatic Relations and the Treaty Regime 90 Arbitration 95 The Peruvian Claim 99 The Japanese Response 103 The Award 107 viii Contents 6 Conclusions: The Legacy of the María Luz Incident 112 A Trial on Trial: Dialogues between Japan and the West 112 Implications for Japan’s International Standing 115 Japan and International Arbitration 117 Epilogue 119 Index 122 Acknowledgement This book has been made possible thanks to the support of the Research Unit B-2 (research units geared toward young, international researchers) “Decoloniz- ing Arbitration: How to Promote a Fair and Culturally Sensitive Use of Com- mercial and Investment Arbitration,” Nagoya University.
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