A Construção do Direito Internacional como Disciplina Jurídica no Japão sob a Influência Eurocêntrica: da Era Edo (1603-1868) à Era Showa (1926-1989)

Abstract

The present essay aims at presenting a panoramic study on the theoretical nuances that have built the science of international law throughout the process of formation of the State of Japan. The temporal cutting of the research goes from Edo to Showa and is divided into two parts. In the first, it outlines the introduction of international law in the country, still in the feudal period (Edo), with its rapid growth in the following period. In Meiji Period, Japan maintained that it had achieved the status of “civilized nation” on the grounds that it had carried out strict compliance with international law in its foreign relations, strongly incorporating European culture in its legal-political context. In the second part, it searches to present and discuss the consolidation of international law as legal discipline in Taisho and Showa Periods. Through the deductive and qualitative research methods it was concluded that the main influence on the international law in Japan was the European legal positivism, followed by the introduction of the historical method of legal analysis.