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12. International Law and Organizations

12. International Law and Organizations

Developments in 2014 ̶ Academic Societies 165

Yu Hasumi( Professor, Rissho ) (5) “International and European Responses to the Annexation of Crimea by Russia from the perspective of international law” Kyoji Kawasak(i Professor, ) (6) Discussion Ichiyo Ishikawa( NHK) Yu Koizumi( Institute for Future Engineering)

12. International Law and Organizations

The Japanese Society of International Law held its 2014 Annual Meeting at Toki Messe Niigata Convention Center during September 19-21, 2014.

Day One: Plenary Session: ICJ Judgment on Whaling in the Antarctic: Its Significance and Implications

Chair: Naoya Okuwaki, Professor, University 1. The Legal Nature of Resolutions of Intergovernmental Organizations: The Contribution of the Whaling in the Antarctic Case Erik Franckx, Professor, Free University of Brussels 2. ICRW as an Evolving Instrument: Potential Broader Implications of the Whaling Judgment Akiho Shibata, Professor, Kobe University 3. Procedural Questions in the Whaling Judgment: Admissibility, Intervention and Use of Experts Shotaro Hamamoto, Professor, University

Day Two: Plenary Session: Reaction of to Provisions concerning the “Crime of Aggression” in the International Criminal Court, Part I

Chair: Shuichi Furuya, Professor, 166 Waseda Bulletin of Comparative Law Vol. 34

1. Kampara Amendments to the Rome Statute concerning the Crime of Aggression: Introduction of the Requirements of Consent and the Negative Understanding of Universalism Akira Mayama, Professor, Osaka University 2. War as a Crime: Politics of the Outbreak, Hostilities and End of a War Atsushi Ishida, Professor, University of 3. Germany and the Crime of Aggression Claus Kress, Professor, University of Cologne

Group Session 1: Reaction of Japan to Provisions concerning the “Crime of Aggression” in the International Criminal Court, Part II

Chair: Masahiko Asada, Professor, Kyoto University 1. “Definition” of the Crime of Aggression and the Act of Aggression in the Amendments to the Rome Statute Kyo Arai, Professor, Doshisha University 2. Main Issues to be taken into Account in Accepting Provisions concerning the “Crime of Aggression” Takero Aoyama, Counsel for International Legal Affairs, Ministry of Foreign Affairs of Japan 3. Provisions concerning the “Crime of Aggression” from the Point of View of Domestic Criminal Law Toshiyuki Tanaka, Professor,

Group Session 2: Transitional Justice: Conflict between Peace and Justice

Chair: Gen Kikkawa, Professor, Hiroshima City University 1. Transitional Justice: From the Point of View of the International Criminal Law Philipp Osten, Professor, 2. Was the Conflict between Peace and Justice Overcome?: From the Point of View of the Functions of International Criminal Tribunals Yasue Mochizuki, Professor, Kwansei Gakuin University 3. Peace and Justice in Transitional Justice: Changes of their Relationship and Problems Madoka Futamura, Academic Program Officer, United Nations University Developments in 2014 ̶ Academic Societies 167

Group Session 3: Individuals and States in Globalization

Chair: Shinichiro Hayakawa, Professor, 1. The Significance of Nationality in Modern International Law Miyako Tatematsu, Professor, Kyoritsu Women’s University 2. The Significance of the Doctrine of Nationality in the Act on General Rules for Application of Laws Hiroshi Sano, Professor, Okayama University 3. Protection of Minorities in a Non-Territorial Manner Emiko Nakasaka, Professor, Hiroshima University 4. Cooperation of National Laws and Religious Rules Moonsook Kim, Professor, Konan University

Day Three: Plenary Session

Chair: Toshiya Ueki, Professor, Tohoku University 1. Domestic Laws in the International Economic Dispute Settlement System Yuka Fukunaga, Professor, Waseda University 2. Exercise of Jurisdiction by the International Criminal Court over the Nationals of Non-Party States: From the Precedents of the Court and the Arguments of States Yoshiaki Kitano, Assistant Professor, University of Shizuoka

Chair: Yayoi Sato, Professor, Kansai University 3. Challenges on Modern Private International Law Koresuke Yamauchi, Professor,

Group Session A:

Chair: Kiyoshi Aoki, Professor, Nanzan University 1. Mutual Influence of Extraterritorial Application and the Conflict of Laws: Precedents of United States and Applicable Law Rule of EU on Acts Restricting Free Competition Shigeru Fuwa, Assistant Professor, Ehime University 168 Waseda Bulletin of Comparative Law Vol. 34

Chair: Isamu Mamiya, Professor, 2. The Significance of the Panel Report on the Case of China-Rare Earth Yoshinori Abe, Professor,

Chair: Koki Abe, Professor, 3. Retrogressing Rights: Possibilities and Limits of Access to Asylum Satoshi Yamamoto, Associate Professor, University of Tokyo

Chair: Hironobu Sakai, Professor, Kyoto University 4. The Compatibility in the Argument of “Effect of War on Treaties” in Traditional International Law: Focusing on the Character of “War” as the Premise Amuro Wakasa, Doctoral Program, University of Tokyo

Group Session B: Modern Functions of jus ad bellum in Armed Conflicts: The Role of Security Council Resolutions after the Cold War

Coordinator: Hiroyuki Banzai, Professor, Waseda University Chair: Akio Morita, Professor, Hosei University 1. Continuing Application of jus ad bellum to Non-State Actors in Armed Conflicts and the Function of the Security Council Resolutions: Focusing on the Case of Afghanistan Kazuyuki Nemoto, Assistant Professor, Tokyo International University 2. Restriction of Hostilities by the Security Council Resolutions Authorizing the Use of Force: Focusing on Airstrikes against Libya Shinya Tazunoki, Research Student, Waseda University 3. The Function of the Security Council Resolution in Post-Conflict State- Building and their Relation to the Occupation Law: Focusing on the Occupation of Iraq Masayuki Hiromi, Research Associate, Waseda University

Group Session C: The Phase of Global Governance and International Tort Law

Coordinator: Naoshi Takasugi, Professor, Doshisha University Chair: Dai Yokomizo, Nagoya University 1. The Alien Tort Statute and the Kiobel Case Hajime Kimura, Assistant Professor, Tohoku University Developments in 2014 ̶ Academic Societies 169

2. International Tort Law in the United States Naoshi Takasugi, Professor, Doshisha University 3. International Jurisdiction over “Tort” and Remedies Asako Matoba, Assistant Professor, Kyoto women’s University 4. Cumulative Application of lex fori in Foreign-Related Tort Yusuke Tanemura, Associate Professor, Tokyo Metropolitan University