6　立作太郎の平和構想　「満洲国」承認問題と宗主権適用論

抄録

This article analyzes Tachi Sakutaro’s international legal doctrines in relation to the Manchurian Incident, in particular, his academic response to the Manchukuo recognition problem. It focuses on the historical significance of the incident, stemming not so much from military confrontations between Japan and China as from political intrigues behind the creation of Manchukuo and Japan’s recognition of that “puppet state.”

At the time, Tachi was a leading Japanese international lawyer and legal advisor to the Japanese Ministry of Foreign Affairs. His published works on the Sino-Japanese conflict mostly reflected the official views of the Japanese government. Tachi has been described as a naive intellectual whose academic efforts were dedicated to the rationalization of Japan’s expansionism in the abstract universalistic terms of international law. This article presents a different picture of Tachi Sakutaro.

It looks at Tachi both as a lawyer and as an eminent historian, who had substantial comprehension of East Asian international relations. He founded the diplomatic history course at the Imperial University of Tokyo. He was also appointed private tutor for diplomatic history to Emperor Hirohito, and remained in that position for 10 years.

Tachi maintained personal contact with Makino Nobuaki, a liberal-minded politician in those times. During the Manchurian Incident, Makino served as the Lord Keeper of the Privy Seal and was the Emperor’s closest advisor. From that position, he influenced government policy-making and tried to restrain the insubordinate expansionist moves of the Kwantung Army. Tachi sent personal letters to Makino, giving him his academic judgments on the Manchurian situation and other relevant legal problems. An analysis of these letters reveals that Tachi’s justification of Japan’s unilateral recognition of Manchukuo in fact contradicted his academic judgment on the issue.

Tachi’s published article also justified Japan’s unilateral recognition of Manchukuo and yet contained indirect criticism of the same policy in addition to the suggestion that the Japanese government avoid excessive unilateralism. These observations lead to a more nuanced understanding of Tachi Sakutaro, a man who, while being faithful to his office and consciously playing the role of an apologist of Japanese imperialism, tried to moderate the course of Japan’s foreign relations.