Justice and International Law in Meiji Japan: The Maria Luz Incident and the Dawn of Modernity

This book explores the legal implications of the María Luz incident, a significant event in Japanese and world history, from a legal perspective. It examines the technical legal issues Japan faced during its transition from pre-modernity to modernity, such as unequal treaties, extraterritoriality clauses, and the need for an updated judicial system. Based on original documents, it is a valuable resource for researchers and academics in legal history, dispute resolution, international law, Japanese history, and Asian studies.

Format: Hardback
Length: 124 pages
Publication date: 10 February 2023
Publisher: Taylor & Francis Ltd

This book delves into a comprehensive analysis of the María Luz incident, a pivotal event in Japanese and global history, from a legal standpoint. In July 1872, the María Luz, a barque flying the Peruvian flag, transported Chinese indentured servants from Macau to Peru. After the ship halted for repairs in Kanagawa Bay, a series of legal issues emerged that would forever alter the perception and application of the law in Japan. The case had a profound impact on the collective imagination, both in Japan and internationally, as it marked one of the earliest instances where an Asian country resisted the pressure of a Western nation and responded using the most sophisticated tools of domestic and international law. Moreover, the final outcome of the case, an arbitration before the Czar of Russia, marked Japan's debut on the international arbitration stage. While historians have extensively explored the subject, the legal significance of this event has been relatively overlooked. This book utilizes the case to examine the technical legal challenges Japan faced during its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the necessity of establishing an updated judicial system, and the delicate balance between asserting sovereignty and employing diplomacy in resolving disputes involving foreigners. Drawing upon original documents, this book serves as an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history, and Asian studies.

Weight: 410g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032249025