Table Of Content“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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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.
