Reception of International Law in the Late Choson Dynasty

Abstract

Prior to the 1876 Treaty of Kanghwa Island and the introduction of international law by a Japanese envoy, Choson was divided on the issue of absorbing international ideas and practices that flowed mainly through Ch’ing China. While some intellectuals were ready for such change, others among the literati class opposed this externally influenced reform. This discord was the backdrop under which international law came to be accepted in the late 19th century. Shortly after opening its doors to the world, Choson was eager to import and adopt western international law. The Choson government began to base its foreign affairs on this system, restructuring its diplomatic offices, and dispatching officers on missions to other countries. Though intellectuals originally evaluated the system negatively, their position changed when they considered it a means of helping Korea avoid being colonized. Advocating for its support in newspapers, intellectuals stressed certain aspects of international law to criticize the unilateral policies of the Great Powers. Ultimately however, they recognized that regardless of international law, without power, they would be unable to protect their country from foreign rule. Though international law failed to protect Korea from imperialism, the process of its acceptance by intellectuals during the Choson dynasty shows attempts to localize imported systems.