The Awakening of the East: Siberia—Japan—ChinaLeroy-Beaulieu, Pierre
History
The Awakening of the East: Siberia—Japan—China
Leroy-Beaulieu, Pierre
China; East Asia; Eastern question (Far East); Japan; Siberia (Russia)
The new treaties accepted the Japanese desideratum respecting the
suppression of consular tribunals and European municipalities, but
foreigners were, in their turn, to renounce proprietary rights. The
English treaty thus summarizes the principal concessions granted: ‘All
members of the principal contracting parties may carry on any wholesale
or retail business, in any sort of product, manufactures and
merchandise, personally or by their representatives, individually or
through an association, either with other foreigners or with natives;
and they shall have the right to possess, let or occupy houses, shops,
manufactories and other premises as they deem necessary, or to hire
lands, to live therein, or to engage therein in business, by conforming
themselves to the laws, and the police and Custom-house regulations of
the country, as if they were natives thereof.’ This gave rise to
considerable controversy. It confirmed the right of foreigners to
possess, let or occupy houses and divers places of business, but on the
other hand, it only allowed them to rent land, which according to
Japanese law can only be hired on short leases of between thirty and
fifty years, as the case may be, which is, of course, a great hindrance
to the installation of any important industry.
This apparent contradiction formed the subject of an agitated
controversy carried on by the English papers printed at the various
ports, which pointed out with rather thoughtless acrimony that the new
treaty was only intended as a blind to deprive foreigners of their
extra-territorial liberties. They forgot that outside of property and of
the leasehold system the Japanese code contains another method of
tenure, called ‘Surface Right,’ whereby the purchaser of a piece of land
has the right to everything that is on the surface thereof (excepting
the crops), that is, to plant or cut down trees and to build thereon.
One can purchase the surface of the land in accordance with Japanese law
for as long a period of time as one likes, a thousand years even, either
on payment by instalments or complete purchase. For any enterprise which
is not purely agricultural this purchase is equivalent to absolute
possession of the land.
Public-domain text, read in full here on John Shaqi.
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