Installation of International Law and Extraterritoriality in Modern Japan --- A Comparative Study on Courts in Civilized, Barbarous and Savage States ---

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530010
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Shumei University (2014); Waseda University (2012-2013)
• Principal Investigator: NAKAAMI EMIKO 秀明大学, 人文社会・教育科学系, 講師 (10409724)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 不平等条約 / 治外法権 / 領事裁判 / 条約改正 / 植民地 / 国際法 / 判決原本 / 韓国

Outline of Final Research Achievements

In the modern principle of “International Law”, the State was classified into 3 groups; that of “civilized”, “barbarous” or “savage” humanity. Japan was recognized as a “barbarous” country by the western powers. As the result of that, Japan was restricted to exercise his sovereign authority and forced to conclude unequal treaties including consular courts. On the other hand, Japan in the process of struggling to join “civilized” countries, he forced China and Korea to conclude unequal treaties for them and exercised his consular jurisdiction over these countries.
In this project, the consular courts by the western countries in Japan and by Japan in East Asia was both studied and analyzed based on diplomatic archives and original court records and discussed the role of both consular courts. This project also tried to shed light on the process of consular courts to resident courts and then to colonial courts.

Free Research Field

日本法史