Professor Yutaka Arai

Professor of Law,
Deputy-Director in Law programmes at Brussels School of International Studies (BSIS), University of Kent, Brussels
Telephone
+32-2641-1721
Professor Yutaka Arai

About

Yutaka Arai did his undergraduate study in Law and then obtained his LLM at University of Keio in 1993. During that time, he studied international relations as an exchange student from Keio at Brown University. He then moved to England and studied for his PhD at University of Cambridge (under the supervision of Prof James Crawford, now the judge of the International Court of Justice). When employed at University of Kent at Canterbury and Brussels, his PhD was published as, The Margin of Appreciation Doctrine and the Principle of Proportionality in the Jurisprudence of the ECHR"in 2002 (Antwerp/Oxford: Intersentia/Hart). This is cited in the Arbitration before the Permanent Court of Arbitration in the Dispute Concerning Access to Information under Article 9 of the OSPAR Convention (Ireland v. United Kingdom), 21-25 October 2002, available at <http://www.pca-cpa.org/PDF/IREUK2.pdf >, pp. 107-8; and <http://www.pca-cpa.org/PDF/IREUK3.pdf> pp.6, 11, 30. Yutaka published his second monograph in 2009, The Law of Occupation - Interplay between International Humanitarian Law and International Human Rights Law (The Hague: Martinus Nijhoff). This has been cited in several judgments, including by the European Court of Human Rights, Grand Chamber in the Case of Sargsyan c. Azerbaijan, Judgment of 16 June 2015, para. 94.

Research interests

  • International Humanitarian Law
  • International Human Rights Law
  • International Criminal Law
  • European Human Rights Law (especially European Convention on Human Rights)
  • Theories of Public International Law

Teaching

Yutaka's teaching focuses on teaching postgraduates in BISR in the fields of the Law of Armed Conflict, International Human Rights, International Criminal Law and legal Fundamentals, Dissertations and Research methods.

Supervision

International humanitarian law (laws of war/jus in bello); Still, he may supervise PhD candidates dealing with international criminal law. 

Yutaka has successfully supervised four PhD candidates under his primary supervision:

  • Dr. Antonios Stylianou, currently a lecturer at Univ. of Nicosia, Cyprus, 2004-2008, with viva on 25 January 2010 – minor corrections only (primary supervisor); 
  • Dr. Patrick Terry, a viva on 22 June 2012; minor corrections only (co-supervisor); 
  • Dr Omer Direk (submission on 27 August 2012 and viva voce on 5 November 2012 – no correction; primary supervisor); successfully publishing his PhD thesis as a book: Omer Derek, Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq (The Hague: Brill, 2016). 
  • Dr. Martin Hamilton, Sept. 2009- March 2015 at Univ. of Kent at Canterbury, UK (viva voce on 8 September 2015 with minor corrections only; primary supervisor). 
  • Dr. John Heieck (“The emerging concept of the duty to protect under international law”, with viva in June 2016, with no correction); successfully publishing his PhD thesis is at Edgar publisher (2018), J. Heieck, A Duty to Prevent Genocide, (Elgar, 2018) (-https://www.e-elgar.com/shop/a-duty-to-prevent-genocide). 
  • Dr. Maite van Regenmorter, a viva on 17 June 2016, with only minor corrections) (primary supervisor); the title of the thesis “Provisional Release in International Criminal Law”, a viva on 6 July 2016, with minor corrections (primary supervisor); successfully publishing her PhD thesis as a monograph at one of the top publishers in francophone countries, Bruylant, M. Van Regenmorter, The international Criminal Court and the Right to Interim Release, (Brussels: Bruylant, 2018); at the International Law Report (ILR) blog, page 2, <ilreports.blogspot.fr/2017/>: 
  • Dr. Isabel Borges, a viva on 16 August 2016 at University of Oslo (principal, external supervisor). 

Currently supervising the following PhD students under my primary supervision.

Acting as the principal supervisor for: 

  • Ms Carina Lamont (‘The judiciary in post-conflict UN administration’ – since 2014 -part-time PhD)
  • Mr Matthew Wetherill (residual crimes and international criminal law; since September 2015)
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