Justice and International Law in Meiji Japan
The MarĂa Luz Incident and the Dawn of Modernity
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This book carries out a comprehensive analysis of the MarĂa Luz incident, a truly significant episode in Japanese and world history, from a legal perspective.ă€€ In July 1872, the MarĂa 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.
Table of Contents
Acknowledgement; 1. Introduction; 2. Background; 3. Criminal Proceedings; 4. Civil Proceedings; 5. International Dispute Resolution and Arbitration; 6. Conclusions â€“ The legacy of the MarĂa Luz incident; Index
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 Caâ€™ Foscari University of Venice, Italy, and Resident Research fellow of the Italian School of East Asian Studies (ISEAS).
'This important volumeâ€™s legal analysis of the Maria Luz Incident at a turning point in Japanâ€™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 Japanâ€™s struggle with the practice of modern law and international image.'
Professor 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.'
BĂ©atrice Jaluzot, Sciences-po Lyon, lâ€™Institut dâ€™Asie Orientale