Justice and International Law in Meiji Japan

Justice and International Law in Meiji Japan PDF

Author: Giorgio Fabio Colombo

Publisher: Taylor & Francis

Published: 2023-02-10

Total Pages: 138

ISBN-13: 100083476X

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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.

Japan and International Law

Japan and International Law PDF

Author: Nisuke Andō

Publisher: Martinus Nijhoff Publishers

Published: 1999-05-27

Total Pages: 448

ISBN-13: 9789041111944

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This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

Japanese Legal System

Japanese Legal System PDF

Author: Dean

Publisher: Cavendish Publishing

Published: 2002-02-14

Total Pages: 596

ISBN-13: 1843143224

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Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business

State Law and Legal Positivism

State Law and Legal Positivism PDF

Author:

Publisher: BRILL

Published: 2021-12-13

Total Pages: 275

ISBN-13: 9004498710

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There was a truly global revolution that reflected a Great Divide between ancient and new legal regimes. The volume emphasizes its depth and scale and explores the phenomenon in the contexts of Morocco, Egypt, India, the Ottoman empire, China, and Japan.

The Changing Role of Law in Japan

The Changing Role of Law in Japan PDF

Author: Dimitri Vanoverbeke

Publisher: Edward Elgar Publishing

Published: 2014-06-27

Total Pages: 297

ISBN-13: 178347565X

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How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti

Domestic Application of International Law

Domestic Application of International Law PDF

Author: Yuji Iwasawa

Publisher: BRILL

Published: 2022-10-24

Total Pages: 344

ISBN-13: 9004523405

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This book is a comprehensive study on the application of international law in domestic law, with a particular focus on the concept of direct applicability. It critically examines the domestic application of international law and puts forward a new framework.

Japanese Legal System

Japanese Legal System PDF

Author: Meryll Dean

Publisher: Routledge

Published: 1997

Total Pages: 684

ISBN-13:

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It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture. The use of multidisciplinary sources, which are contextualized by the author, make what would otherwise be inaccessible material available for comparative analysis. This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business.

History of Law in Japan since 1868

History of Law in Japan since 1868 PDF

Author: Wilhelm Röhl

Publisher: BRILL

Published: 2004-11-01

Total Pages: 857

ISBN-13: 9047403576

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A careful analysis of Japan’s dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.

Who Rules Japan?

Who Rules Japan? PDF

Author: Leon Wolff

Publisher: Edward Elgar Publishing

Published: 2015-04-30

Total Pages: 235

ISBN-13: 1784717495

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The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba