Professor Yutaka Arai

Professor in Law

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 at Brown University. He then moved to England and studied for his PhD at University of Cambridge. 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 was followed by another monograph "The Law of Occupation - Interplay between International Humanitarian Law and International Human Rights Law" in 2009 (The Hague: Martinus Nijhoff).

Yutaka has contributed a theoretical chapter to Ulfstein et al. (eds), European Court of Human Rights in a National, European and Global Context (Cambridge Univ. Press, 2011). He has also published several papers on international humanitarian law, including two chapters in: Clapham, A., Gaeta, P. and Sassòli, M. eds. The 1949 Geneva Conventions: A Commentary (OUP), and 'A Battle over Elasticity – Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law' in: Haeck, Y. et al. eds. The Realization of Human Rights: When Theory Meets Practice (Intersentia); and 'Excessive Collateral Civilian Casualties and Military Necessity: Awkward Crossroads in International Humanitarian Law (IHL) between State Responsibility and Individual Criminal Liability'. in: Chinkin, C. and Baetens, F. eds. Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford. CUP, pp. 325-339.

He also contributed chapters to two of the most leading textbooks of the European Convention on Human Rights, P. Van Dijk and F. Van Hoof, The Theory and Practice of the European Convention on Human Rights, 4th ed., (Intersentia/Hart, 2006); and D.J. Harris, M. O'Boyle, C. Warbrick, E. Bate, C.M. Buckley (eds), Law of the European Convention on Human Rights, 2nd ed., (Oxford Univ. Press, 2009).

Yutaka has been publishing articles in journals on international law, human rights law, European law, and comparative public law, including the Yearbook of International Humanitarian Law; and Yearbook of European Law. He was a visiting research fellow at the Max-Planck Institute of International Law, Heidelberg, and at the University of Geneva. He is now undertaking research for the purpose of writing a book on the drafting records of the Geneva Conventions of 1949 while contributing a theoretical chapter to Ulfstein et al. (eds), European Court of Human Rights in a National, European and Global Context (Cambridge Univ. Press, 2013).

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

Supervision

International humanitarian law; Still, I may supervise PhD candidates dealing with international criminal law.

Yutaka's working languages are English, French and Japanese, and he enjoys reading knowledge of Spanish, Italian and Chinese. He has been publishing articles in journals on international law, human rights law, European law, and comparative public law, including the Yearbook of International Humanitarian Law; International Review of the Red Cross; Yearbook of European Law. He was a visiting research fellow at the Max-Planck Institute of International Law, Heidelberg, and at the University of Geneva. He also wrote some theoretical essays based on aspects of legal philosophy and jurisprudence, including "The margin of appreciation doctrine: a theoretical analysis of Strasbourg's variable geometry" Andreas Føllesdal, Birgit Peters and Geir Ulfstein (eds), European Court of Human Rights in a National, European and International Context (Cambridge Univ. Press,2013), pp. 62-105; and "Proportionality", in: Dinah Shelton (ed.), The Oxford Handbook of International Human Rights Law, (Oxford Univ. Press, 2013). He is now undertaking research for the purpose of writing a book on the drafting records of the Geneva Conventions of 1949.

Publications

Also view these in the Kent Academic Repository

Article

  • Arai, Y. (2015). The Impact of "Criminalization" on the Implementation of International Humanitarian Law — Judicial Advances of the Law of War Crimes as Salutary Osmosis? Japanese Yearbook of International Law 2015:129-174.
  • Arai, Y. (2015). The intervention brigade within the MONUSCO. The legal challenges of applicability and application of IHL. Questions of International Law [Online]. Available at: http://www.qil-qdi.org/the-intervention-brigade-within-the-monusco-the-legal-challenges-of-applicability-and-application-of-ihl/.
  • Arai, Y. (2012). Preoccupied with Occupation – Critical Examinations of the History of the Law of Occupation. International Review of the Red Cross.

Book section

  • Arai, Y. (2018). Prohibition of Misuse of Power in Restricting the Rights and Freedoms (Article 18). in: van Dijk, P. et al. eds. The Theory and Practice of the European Convention on Human Rights,. Intersentia Publishers.
  • Arai, Y. (2016). Protection of Private Property. in: Clapham, A., Gaeta, P. and Sassòli, M. eds. The 1949 Geneva Conventions: A Commentary. Oxford: Oxford University Press.
  • Arai, Y. (2015). Protection of Private Property in Occupied Territories under the Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War. in: Clapham, A., Gaeta, P. and Sassòli, M. eds. The 1949 Geneva Conventions: A Commentary. Oxford University Press, pp. 1515-1534.
  • Arai, Y. (2015). Excessive Collateral Civilian Casualties and Military Necessity: Awkward Crossroads in International Humanitarian Law (IHL) between State Responsibility and Individual Criminal Liability'. in: Chinkin, C. and Baetens, F. eds. Sovereignty, Statehood and State Responsibility: Essays in Honour of James Crawford. Cambridge University Press, pp. 325-339.
  • Arai, Y. (2015). Laws and Judicial System of the Occupied Territories' under the Geneva Convention IV Relative to the Protection of Civilian Persons in Time of War'. in: The 1949 Geneva Conventions: A Commetary. Oxford University Press, pp. 1421-1454.
  • Arai, Y. (2015). Law-Making and the Judicial Guarantees in Occupied Territories. in: Clapham, A., Gaeta, P. and Sassòli, M. eds. The 1949 Geneva Conventions: A Commentary. Oxford: Oxford University Press.
  • Arai, Y. (2014). Article 10: Freedom of Expression. in: Harris, D. J. et al. eds. Law of the European Convention on Human Rights. Oxford: Oxford University Press, pp. 443-514. Available at: http://ukcatalogue.oup.com/product/9780406905949.do#.
  • Arai, Y. (2014). Human Rights and Humanitarian Law – Diagnosis of the Complex Interplay. in: Mihr, A. and Gibney, M. eds. Handbook on Human Rights. Sage Publishing.
  • Arai, Y. (2014). A Battle over Elasticity – Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law. in: Haeck, Y. et al. eds. The Realization of Human Rights: When Theory Meets Practice. Antwerp: Intersentia, pp. 351-368.
  • Arai, Y. (2013). Proportionality. in: Shelton, D. ed. The Oxford Handbook of International Human Rights Law. OUP, pp. 446-468.
  • Arai, Y. (2013). The margin of appreciation doctrine: a theoretical analysis of Strasbourg's variable geometry. in: Follesdal, A., Peters, B. and Ulfstein, G. eds. Constituting Europe - the European Court of Human Rights in a National, European and Global Context. Cambridge University Press, pp. 62-105.
  • Arai, Y. (2013). European Court of HumanRights in a National, European and International Context. in: European Court of HumanRights in a National, European and International Context. Cambridge University Press.
  • Arai, Y. (2012). Disharmony in the Process of Harmonisation? – The Analytical Account of the Strasbourg Court's Variable Geometry of Decision-making Policy Based on the Margin of Appreciation Doctrine. in: Andenas, M. and Anderson, C. eds. Theory and Practice of Harmonisation. Edward Elgar Publisher.

Review

  • Arai, Y. (2017). Etienne Henry, Le Principe de nécessité militaire – Histoire et actualité d'une norme fondamentale du droit international humanitaire. Journal of Conflict and Security Law [Online] 22:563-566. Available at: https://doi.org/10.1093/jcsl/krx012.

Forthcoming

  • Arai-Takahashi, Y. (2018). Unprivileged (Unlawful) Combatants Captured on a Battlefield and the Geneva Conventions. Israel Yearbook on Human Rights 48:63-103.
  • Arai-Takahashi, Y. (2018). Combatants on Board Medical Aircraft Who fall into the hands of a neutral Power – the scope of their liability to detention under the 1949 Geneva Conventions and the 1977 Additional Protocol I. in: Bhuiyan, J. H. and Khan, B. U. eds. Seventy Years after the Geneva Conventions. Brill.
  • Arai, Y. (2015). Restrictions on the Political Activity of Aliens (Article 16). in: van Dijk, P. et al. eds. Theory and Practice of the European Convention on Human Rights, 5th ed. Oxford: Hart.
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