特別会員寄稿

The 130th Anniversary of theFriendship, Commerce andNavigation Treaty,and the Establishment ofDiplomatic Relations between
Mexico and Japan (1888)
Dr. Sergio Inclán
Minister. Embassy of Mexico in Japan
Representative in Japan. Ministry of Economy of Mexico

Introduction
This year we commemorate the 130th Anniversary of
the conclusion of the Friendship, Commerce andNavigation Treaty, and the establishment of Diplomatic
Relations between Mexico and Japan in 1888.

Antecedents
In 1854 Japan concluded with the United States thePeace and Amity Treaty in Kanagawa (hereinafterreferred to as the Kanagawa Treaty) finishing theJapanese isolation policy.
The Kanagawa Treaty granted a unilateral MostFavored-Nation (hereinafter referred to as MFN)
treatment in favor to the United States and without
limit, since this country could claim the privileges andadvantages granted by Japan to third countries. Furtheras Prof. Shinya Murase pointed out, the grant of theMFN was “unilateral in obligation, unlimited in scope,and unconditional in operation”.
After the Kanagawa Treaty, Japan concluded
similar Peace and Amity Treaties with Great Britain in1854, Russia in 1855, and The Netherlands in 1855.
Like the Kanagawa Treaty, these Treaties included
similar unilateral principles in favor to the Westerncountries.
In 1858 Japan concluded with the United States anew Treaty with specific provisions on trade. ThePeace, Amity and Commerce Treaty granted in its
Article 3 special rights to citizens of the United States,
including the freedom to carry out trade transactions,26

2018.5and the opening of five Japanese ports for trade. Article
4 provided a unilateral tariff system, including aclassification of certain goods with specific percentage
on customs duties. As a result, Japan could not freely
increase tariffs on certain imports from the UnitedStates.
Japan concluded similar revised treaties withGreat Britain, Russia, The Netherlands and France in1858. These treaties opened up Japanese ports andincluded unilateral principles and special rights to
those countries. Later on Japan concluded similar
treaties with Italy, Switzerland, Belgium and Denmark.
With all these treaties Japan opened its ports to theoutside initiating a new era. However, according toseveral scholars these Treaties were notoriously
unequal for Japan due to the unilateral not reciprocal
principles in the provisions of those treaties.
In 1867 structural changes took place in Japan,
the Tokugawa Period finished and the Meiji Era
started. The Meiji Government, which inherited thetreaties, started negotiations in 1872 with the UnitedStates and European counties with the aim to revise
the treaties in order to accommodate the interests ofJapan as well. However, the mere existence of theunilateral Most-Favored-Nation treatment clause in
those treaties was the main obstacle for achieving anyrevision.
The failure of the Meiji Government in therevision of the treaties with western powers had astrong impact on the domestic scene. The government
was seen as unable to achieve equal relations withforeign countries. Therefore, the desire and need toobtain equal terms in foreign relations for Japan
became increasingly a top priority for the government.
In 1882 another attempt to revise the numerous
treaties Japan concluded was carried out. On that year
a Preliminary Treaty Revision Conference was held inTokyo with officials of all the countries with whom
Japan had concluded treaties. The position of Japan in
the Conference was to change the unilateral MostFavored-Nation treatment clause for a reciprocal,
conditional and limited MFN treatment clause in orderto accommodate Japan’s interests as well. Four years
later, the Treaty Revision Plenary Conference washeld in Tokyo, and representatives of the different
treaties parties agreed to limit the application of theso-called MFN treatment clause. However, it was notpossible to change the unilateral and unconditional
character of the MFN treatment clause due to strong
opposition by some parties. As a result, at the end of
the Conference Japan was not able to convince theother parties to adopt Revised Draft Treaties.
With this new failure, the Japanese government
received again strong pressure from the main
opposition party. As a result, in February of 1888, Mr.
Shigenobu Okuma, from the opposition party, became
the new Foreign Relations Minister. The appointmentof Mr. Okuma as Japan’s Gaimudajin was decisive inthe conclusion of a Treaty with Mexico, and for therevision of the treaties Japan had previously concluded
with other western countries, as we will describe fromnow on.

The Friendship, Commerce, and Navigation
Treaty between Mexico and Japan of 1888
Meanwhile Mexico entered a new era when Porfirio
Diaz became President in 1877. The new President of
Mexico resumed relations with European Nations,promoted and achieved economic growth, important
infrastructure projects, and foreign investment.
President Diaz was keen on developing relations with
Asian nations as well.
Within this context, Japan proposed Mexico tonegotiate a Commerce Treaty including the right for
Mexican nationals to reside in Japanese territory.
Mexico accepted the Japanese proposal and after
intense negotiations the two countries concluded theFriendship, Commerce and Navigation Treaty on
November 30th of 1888 (hereinafter referred to as theTreaty).

The Treaty recognized the important principle ofreciprocal freedom of commerce and navigation
between the territories and possessions of theContracting Parties, as well as the principle of securityof navigation. Here we would like to highlight that theTreaty, unlike the previous treaties signed by Japan
with other western Nations, adopted in its article V areciprocal, conditional and limited (to matters of trade,navigation, traveling and residence) MFN Treatment.
Moreover pursuant article VIII, Mexican citizens
and ships in Japan were subjected to Japanese laws
and tribunals. In the same token, Japanese citizens andships in Mexico or territorial waters were subjected toMexico’s laws and tribunals. This was a very important
provision in the Treaty since Japan’s jurisdiction overforeigners in Japanese territory was recognized for thefirst time in a Treaty with a western country.

The Importance of the Treaty of 1888
The Friendship, Commerce and Navigation Treaty
between Mexico and Japan in 1888 was concluded in
the context of both countries trying to diversify andimprove their foreign relations. For Mexico the Treaty
represented its first Commercial Treaty concludedwith an Asian country.
For Japan the Treaty with Mexico represented its
first International Treaty with a western country on
equal Terms. It has been recognized by a Japaneseauthor, Yoshikazu Morita, that “Mexico was the firstwestern country to recognize the full sovereignty ofJapan”.
As we have described, the mere existence ofunilateral, unlimited and unconditional MFN treatment
clauses in the Kanagawa Treaty and the other treaties
concluded by Japan with European nations, were themain obstacles for their revision.
The Treaty of 1888 with Mexico represented avery important legal precedent with a reciprocal MFN
treatment clause, which gave Japan the legal means to
ask and eventually successfully review unequal
treaties.
It should be highlighted here that just one year
after the conclusion of the Treaty with Mexico in 1888,
Japan finally signed revised treaties with the UnitedStates, Germany and later on with the other westerncountries. According to Prof. Shinya Murase, “theMexican treaty did stimulate the process of treaty
revision”.
2018.527

Embassy of Mexico in Japan (Nagata-cho)Thanking Mexico for being the first westerncountry to conclude with Japan a Treaty on equalbasis, and with the important effect to serve as thelegal precedent for the revision later on of the othertreaties, the Meiji Government granted Mexico the useof an important land in the political district of Nagatacho in Tokyo, for the construction of the Embassy ofMexico in Japan, where our Embassy is located as upto date.

and fishery activities. The results of the researchbrought strong basis for considering Mexico forJapanese immigration. After two expeditions in 1893
and 1894, the Soconuzco area in the State of Chiapas,
Mexico, was considered the best place for Japaneseimmigration. Finally, on March 24th of 1897, a ship
departed from Yokohama bound for Mexico with 34
Japanese emigrants.
With this scenario the Japanese immigration toMexico started, being the first one to Latin America.
Over the years, the number of Japanese immigrants toMexico increased and they contributed, along with
their descendants, to the development of the Friendshipand Economic Relationship between Mexico andJapan as of today.
Currently Mexico is for Japan its most important
Trading Partner in Latin America, based on figures ofthe Ministry of Economy, Trade and Industry of Japan.
Establishment of Diplomatic Relations
between Mexico and Japan
No doubt that the most important effect of theconclusion of the Friendship, Commerce andNavigation Treaty in 1888 was the establishment ofDiplomatic Relations between Mexico and Japan,
event that we are commemorating this year the 130thAnniversary.
Pursuant article II of the Treaty, the two countries
could accredit a Diplomatic official as well as appointa Consul General, Consuls, and Consular Agents for
trade transactions. In 1891 Mexico opened its Embassyin Tokyo. The same year, Japan established a Consulatein Mexico, being the first one in Latin America.
The Treaty was ratified by Japan on March 12thof 1889, and by Mexico on May 25th of the same year.
Following the conclusion and ratification of the Treaty,
and the establishment of Diplomatic Relations,immigration, cultural and more intense economic
exchanges between the two countries started. Due tothe 1888 Treaty and Mexico’s positive migration
policy, the Foreign Relations Minister, Takeaki
Enomoto, commissioned Toshiro Fujita to carry out aresearch on the land along Mexico’s coast in thePacific Ocean. In 1893, Fujita delivered its report inwhich he stressed the good possibilities for agriculture
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2018.5

Representative Office in Japan of
the Ministry of Economy of México
Represent Mexico’s commercial interests in Japanthrough participation in trade negotiations, seminars,forums, and follow-up the implementation of thecommitments on investment and trade issues. TheOffice also have a strong commitment to promote
Mexico in the Japanese market and support both,
Japanese companies that want to invest and makebusiness in Mexico and Mexican companies looking forbusiness opportunities in Japan.
Tel: 03-3506-6681
E-mail: coordinaciontokio@economia.gob.mx