Justice among Nations. A History of International Law - Stephen C. Neff

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international-law expertise on the spot. For the naval forces, there was Taka-
hashi Sakuyei, who was professor of international law at the Imperial Univer-
sity in Tokyo and a member of the House of Peers in the Imperial Diet. For the
land forces, there was Ariga Nagao, who also advised on the wording of the
Japa nese declaration of war. Ariga studied law in Germany and had been pro-
fessor of international law at the Army College in Tokyo since 1891 and the
author of a textbook on the laws of war. He later taught international law at the
Universities of Tokyo and Waseda. Both men wrote defenses of Japan’s actions
for Western consumption, Takahashi in En glish and Ariga in French. Both
did further ser vice for their country in the Russo- Japanese War of 1904– 5. On
that occasion, Takahashi (the more prominent of the two) was legal adviser to
the foreign ministry. Ariga was again assigned to the land forces, where he
helped to negotiate the Rus sian surrender of Port Arthur.
Th e Japa nese government also imported some Eu ro pe an expertise in
international law on the hoof (as it were). Th is occurred in 1872, when the
government induced a French scholar named Gustave Boissonade to come
the country to advise it on the draft ing of legal codes. He ended up spend-
ing twenty- one years there. An early task was to act as a legal adviser on
the Japa nese government’s Taiwan expedition of 1874, which was mounted
in response to the killing of some Okinawan fi shermen by Taiwanese ab-
originals. Japan obtained one solid benefi t from this fi rst excursion into
international law enforcement: China’s formal ac know ledg ment of Japan’s
title to Okinawa. For his various ser vices, Boissonade was awarded
the  Order of the Rising Sun (second degree) in 1876, a rare honor for a
foreigner.

Extraterritoriality
Th e barbarian states (as they were called) may have been exposed to the
Western science of international law, but it should not be supposed that they
were regarded as equals of the civilized states. Th ey were not regarded as
participants in the full range of customary practices that had grown up in
Eu rope (and its off shoots) over the centuries. Th e ties were thinner, basically
consisting only of treaty relations.
Th e most outstanding sign of the secondary status of the barbarian states
was the phenomenon known as “extraterritoriality.” Th is is a somewhat

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