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Justice and International Law in Meiji Japan - The Maria Luz Incident and the Dawn of Modernity (Hardcover)
Loot Price: R3,594
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Justice and International Law in Meiji Japan - The Maria Luz Incident and the Dawn of Modernity (Hardcover)
Series: Routledge Research in Legal History
Expected to ship within 12 - 17 working days
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This book carries out a comprehensive analysis of the Maria Luz
incident, a truly significant episode in Japanese and world
history, from a legal perspective. In July 1872, the Maria 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.
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