Brussels School of International Studies

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Professor Yutaka Arai

Professor in International Law and International Human Rights Law

Brussels School of International Studies

Yutaka Arai is a Professor in International Human Rights Law and teaches International Human Rights Law and the Law of Armed Conflict at the Brussels School of International Studies

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).

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, 2011).

Research
Yutaka's research interests include:
• 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

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

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Also view these in the Kent Academic Repository

Book
Arai, Y. (2009). The Laws of Occupation Continuity and Change in International Humanitarian Law in its Interaction with International Human Rights Law. Leiden: Martinus Nijhoff.
Arai, Y. (2002). The Margin of Appreciation Doctrine and the Principle of Proportionality in the ECHR. Antwerp: Intersentia.
Book section
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). 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.
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 Oxford Commentary to the Geneva Conventions of 1949. OUP.
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). 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. (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: The Oxford Commentary to the Geneva Conventions of 1949. OUP.
Arai, Y. (2015). 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, . Oxford: Hart.
Arai, Y. (2014). A Battle over Elasticity Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law. in: Haeck, Y. and McGonigle, B. N. eds. The Realization of Human Rights: When Theory Meets Practice . Antwerp: Intersentia.
Arai, Y. (2014). Article 10: Freedom of Expression. in: Harris, D. J. et al. eds. Law of the European Convention on Human Rights, 3rd ed. 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: Handbook on Human Rights. Sage Publishing .
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. (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. (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.
Arai, Y. (2010). Rationalizing the Differentiation between 'New' and 'Old' Minorities? - The Role of the Margin of Appreciation Doctrine in Determining the Scope of Protection of Minority Rights. in: Henrard, K. ed. Double Standards Pertaining to Minority Protection. Leiden: Brill, pp. 219-242.
Arai, Y. (2009). Article 10 (Freedom of Expression). in: Harris, D. J. et al. eds. Law of the European Convention on Human Rights. London: Oxford University Press, pp. 443-514.
Arai, Y. (2009). Law of the European Convention on Human Rights. in: Law of the European Convention on Human Rights. OUP.
Arai, Y. (2008). Fair Trial Guarantees in Occupied Territory the Interplay between International Humanitarian Law and Human Rights Law. in: Arnold, R. and Quénivet, N. eds. International Humanitarian Law and Human Rights Law Towards a New Merger in International Law,. Martinus Nijhoff Publishers , pp. 449-474.
Arai, Y. (2008). The Applicability of International Humanitarian Law to so-called 'European Union Forces' Legal Challenges So Far and Ahead. in: Tanaka, T. and Shoji, K. eds. The Governance of the European Union and its Policy-Decision Making Process (EU Gavanansu to Seisaku-Keisei). Tokyo: Keio University Press.
Arai, Y. (2006). Prohibition of Abuse of the Rights and Freedoms Set Forth in the Convention and of Their Limitation to a Greater Extent Than is Provided for in the Convention (Article 17). in: van Dijk, P. and van Hoof, F. eds. The Theory and Practice of the European Convention on Human Rights. London: Hart Publications.
Arai, Y. (2006). Restrictions on the Political Activity of Aliens (Article 16). in: van Dijk, P. and van Hoof, F. eds. The Theory and Practice of the European Convention on Human Rights. London: Hart Publications.
Arai, Y. (2006). Right to an Effective Remedy before a National Authority (Article 13). in: van Dijk, P. and van Hoof, F. eds. The Theory and Practice of the European Convention on Human Rights. London: Hart Publications, pp. 997-1026.
Arai, Y. (2006). Prohibition of Misuse of Power in Restricting the Rights and Freedoms (Article 18). in: van Dijk, P. and van Hoof, F. eds. The Theory and Practice of the European Convention on Human Rights. London: Hart Publications, pp. 1077-1100.
Arai, Y. (2006). The System of Restrictions. in: van Dijk, P. and van Hoof, F. eds. The Theory and Practice of the European Convention on Human Rights. Oxford: Hart, pp. 333-350.
Arai, Y. (2002). Disentangling Legal Quagmires: The Legal Characterization of the Armed Conflicts in Afghanistan since 6/7 October 2001 and the Question of Prisoners of War Status. in: Yearbook of International Humanitarian Law. The Hague & Cambridge, pp. 61-105.
Arai, Y. (2001). The Right to Health - A Critical Appraisal. in: Johnson, L. and Martin, R. eds. The Legal Regulation of Public Health: International. London: Cavendish, pp. 143-172.
Arai, Y. (2001). Chapter 4. in: Martin, R. and Johnson, L. eds. Law and the Public Dimension of Health. London: Routledge Cavendish.
Arai, Y. (2001). The role of International Health Law and the WHO in the Regulation of Public Health. in: Johnson, L. and Martin, R. eds. The Legal Regulation of Public Health: International Perspectives. London: Cavendish, pp. 113-142.
Article
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. (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. (2012). Preoccupied with Occupation Critical Examinations of the History of the Law of Occupation. International Review of the Red Cross.
Arai, Y. (2011). The Principle of Humanity under International Humanitarian Law in the "Is/Ought" Dichotomy Surreptitious, Capricious but Conscientious Meandering. Japanese Yearbook of International Law [Online] 54:333-364. Available at: http://ilajapan.org/jyil/.
Arai, Y. (2010). So-called Targeted Killings Critical Analysis Through the Concept of Direct Participation in Hostilities and the Principle of Proportionality. Kokusaiho Gaiko Zassi (Journal of International Law and Diplomacy):507-553.
Arai, Y. (2010). Confluence between International Humanitarian Law and International Human Rights Law - Eclectic but Effective. Kokusai Mondai (International Affairs):1-12.
Arai, Y. (2006). 'Scrupulous but Dynamic' - Freedom of Expression and the Principle of Proportionality under European Community Law. Yearbook of European Law [Online] 24:27-80. Available at: http://www.oup.co.uk/pdf/0-19-928537-3.pdf.
Arai, Y. (2005). The Revisionist Attempts to Minimize the Nanjing Massacre Are Appalling. Financial Times.
Arai, Y. (2004). Grading Scale of Degradation: Identifying the Threshold of Degrading Treatment or Punishment under Article 3. Netherlands Quarterly of Human Rights 21:385-421.
Arai, Y. (2004). The World Health Organisation and the Challenges of Globalization: A Critical Analysis of the Proposed Revision to the International Health Regulations. Law, Social Justice and Global Development Journal [Online] 1. Available at: http://www2.warwick.ac.uk/fac/soc/law/elj/lgd/2004_1/.
Arai, Y. (2003). Shifting Boundaries of the Right of Self-Defence - Appraising the Impact of the September 11 Attacks on Jus Ad Bellum. International Lawyer [Online] 36:1081-1102. Available at: http://www.smu.edu/ilra/til.htm.
Arai, Y. (2002). Uneven, but in the Direction of Effectiveness - Anticipatory Ill-Treatment under Article 3 ECHR. Netherlands Quarterly of Human Rights 20:5-27.
Arai, Y. (2002). Disentangling Legal Quagmires: The Legal Characterization of the Armed Conflicts in Afghanistan and the Prisoners of War Status. Yearbook of International Humanitarian Law [Online] 5:61-105. Available at: http://dx.doi.org/10.1017/S1389135900001045.
Arai, Y. (2001). Defensibility of the Margin of Appreciation in the ECHR: Value-Pluralism in European Integration. European Public Law Review 13:1161-1193.
Review
Arai, Y. (2008). A Book review of K. Shoji (ed), EU Law Practitioners' Guide (EU-Ho Jitsumu-hen). Journal of the Japanese Institute of International Business Law 36:795.
Arai, Y. (2007). Journal of International Law of Peace and Armed Conflict . The Procedures Before the UN Human Rights Treaty Bodies Divergence or Convergence?:1-2.
Arai, Y. (2007). A Study of the European Convention and the South African Bill of Rights. Netherlands Quarterly of Human Rights:378-382.
Arai, Y. (2005). Public Law. Public Law:208-210.
Arai, Y. (2005). Book Review. Public Administration:208-210.
Internet publication
Arai, Y. (2010). Leopold a hero? Many disagree [Newspaper]. Available at: http://www.ft.com/home/uk.
Showing 50 of 55 total publications in KAR. [See all in KAR]
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Last Updated: 04/02/2016