「共同生存」 の国際移住論

―国際私法学者山田三良の国際移住観―

抄録

While recent studies have emphasized the importance of colonial studies in the vein of Yanaihara Tadao as a discipline dealing with issues arising from international migration, this article suggests that studies of private international law addressed similar issues. Since private international law presupposes the coexistence of different sovereign states with their own legal systems and the movement of people among them, scholars of modern private international law had a strong interest in migration-related topics such as the admission of foreign nationals and the legal status of resident foreigners. This article focuses on one of the pioneering scholars of private international law in Japan, Yamada Saburô, and argues that his views on international migration, while based on Règles internationales sur l'admission et l'expulsion des étrangers adopted in 1892 by Institut de droit international, presented his original idea, kyôdô seizon (community life or simply community).