Dr. Hitoshi Nasu
Professor
hitoshi.nasu@westpoint.edu
Biography
Hitoshi Nasu is a Professor of Law at the United States Military Academy, West Point, and a member of the Lieber Institute and Robotics Research Center. He also serves as a Senior Fellow at the Stockton Center for International Law, United States Naval War College, and a Principal Visiting Research Fellow at the University of Reading School of Law. Prior to his current appointment, he served as Professor of International Law at the University of Exeter in the United Kingdom. From 2007 to 2017 he taught law at the Australian National University, where he was also Co-Director of the Centre for Military and Security Law and the Australian Network for Japanese Law.
Professor Nasu publishes widely in the field of public international law, with particular focus on international security law, the law of armed conflict and the law of weaponry. His expertise extends to a wide range of international security law issues, such as collective security, peacekeeping, the protection of civilians in armed conflict, and in different domains including maritime, cyber and space. In particular, he has produced numerous publications that address a variety of legal issues arising from military applications of new technologies, such as nanotechnology and artificial intelligence, as well as contemporary security challenges in the Indo-Pacific theatre.
Publications & Presentations
Books
The Legal Authority of ASEAN as a Security Institution (Cambridge University Press, 2019) (with Rob McLaughlin, Donald R Rothwell and See Seng Tan).
Legal Perspectives on Security Institutions (Cambridge University Press, 2015) (edited with Kim Rubenstein).
New Technologies and the Law of Armed Conflict (TMC Asser, 2014) (edited with Robert McLaughlin).
Asia-Pacific Disaster Management: Comparative and Socio-Legal Perspectives (Springer, 2013) (edited with Simon Butt and Luke Nottage).
Human Rights in the Asia-Pacific Region: Towards Institution-Building (Routledge, 2011) (edited with Ben Saul).
International Law on Peacekeeping: A Study of Article 40 of the UN Charter (Martinus Nijhoff Publishers, 2009).
Book Chapters
“The Laws of Neutrality in the Inter-Connected World: Mapping the Future Scenarios,” in The Future Law of Armed Conflict, edited by Matthew C. Waxman and Thomas W. Oakley (Lieber Studies Vol. 7, Oxford University Press, 2022).
“Cyber Security in the Asia-Pacific,” in Research Handbook on International Law and Cyberspace edited by Nicholas Tsagourias and Russell Buchan, 564-81 (2nd edn, Edward Elgar, 2021).
“The Global Security Agenda: Securitization of Everything?” in The Oxford Handbook of International Law of Global Security, edited by Robin Geiss and Nils Melzer, 37-53 (Oxford University Press, 2021).
“Japan’s Legal Readiness in the Event of Hostilities on the Korean Peninsula,” in Strengthening the U.S.-Japan Alliance, edited by Masahiro Kurosaki and Matthew C. Waxman, 100-115 (Columbia Law School, 2020).
“Artificial Intelligence and the Obligation to Respect and to Ensure Respect for International Humanitarian Law,” in Ensuring Respect for International Humanitarian Law, edited by Eve Massingham and Annabel McConnachie, 132-44 (Routledge, 2020).
“Regimes of Navigation and Maritime Security in South East Asia,” in Law of the Sea in South East Asia: Environmental, Navigational and Security Challenges, edited by Donald R. Rothwell and David Letts, 180-92 (Routledge, 2019).
“Challenges of Hybrid Warfare to the Implementation of International Humanitarian Law in the Asia-Pacific,” in Asia-Pacific Perspectives on International Humanitarian Law, edited by Suzannah Linton, Tim McCormack and Sandesh Sivakumaran, 320-30 (Cambridge University Press, 2019).
“Invisible Soldiers: The Perfidy Implications of Invisibility Technology in Battlefields of the Future,” (with Sephora Sultana) in The Impact of Emerging Technologies on the Law of Armed Conflict, edited by Eric Talbot Jensen and Ronald T.P. Alcala, 307-24 (Lieber Studies Vol. 2, Oxford University Press, 2019).
“Human Degradation Technologies and International Law,” (with Harry Aitken) in New Technologies and the Law in War and Peace, edited by William H. Boothby, 258-84 (Cambridge University Press, 2018).
“Australia and International Organisations,” (with Alison Pert) in International Law in Australia, edited by Donald R. Rothwell and Emily Crawford, 95-116 (3rd edn, Thomson Reuters, Sydney, 2017).
“Managing Security Tensions in the East China Sea and the South China Sea: A Legal Perspective,” in David Brewster (ed), Indo-Pacific Maritime Security: Challenges and Cooperation, edited by David Brewster, 35-9 (National Security College, Canberra, 2016).
“Human Security and International Law: The Potential Scope for Legal Development within the Analytical Framework of Security,” in Security and International Law, edited by Mary E. Footer, Julia Schmidt and Nigel D. White, 25-42 (Hart Publishing, 2016).
“Who Cares?: The Primary Bearer of the Responsibility to Protect,” in Beyond Responsibility to Protect: Generating Change in International Law, edited by Richard Barnes and Vassilis Tzevelekos, 193-99 (Intersentia, 2016).
“The Expanded Conception of Security and Institutions,” (with Kim Rubenstein) in Legal Perspectives on Security Institutions, edited by Hitoshi Nasu and Kim Rubenstein, 1-24 (Cambridge University Press, 2015).
“Institutional Evolution in Africa and the ‘Peacekeeping Institution’,” in Legal Perspectives on Security Institutions, edited by Hitoshi Nasu and Kim Rubenstein, 167-89 (Cambridge University Press, 2015).
“Cyber Security in the Asia-Pacific,” (with Helen Trezise) in Research Handbook on International Law and Cyberspace, edited by Russell J. Buchan and Nicholas Tsagourias, 446-64 (Edward Elgar, 2015).
“Introduction: Conundrum of New Technologies in the Law of Armed Conflict,” (with Robert McLaughlin) in New Technologies and the Law of Armed Conflict, edited by Hitoshi Nasu and Robert McLaughlin, 1-17 (TMC Asser, 2014).
“Nanotechnology and the Law of Armed Conflict,” in New Technologies and the Law of Armed Conflict, edited by Hitoshi Nasu and Robert McLaughlin, 143-57 (TMC Asser, 2014).
“Conclusion: Challenges of New Technologies for the Law of Armed Conflict,” (with Robert McLaughlin) in New Technologies and the Law of Armed Conflict, edited by Hitoshi Nasu and Robert McLaughlin, 247-54 (TMC Asser, 2014).
“Disaster Management: Socio-Legal and Asia-Pacific Perspectives,” (with Simon Butt and Luke Nottage) in Asia-Pacific Disaster Management: Comparative and Socio-Legal Perspectives edited by Simon Butt, Hitoshi Nasu and Luke Nottage, 1-58 (Springer, 2013).
“Managing Future Disasters: Japan’s Energy Security and Nanotechnology Regulation,” in Asia-Pacific Disaster Management: Comparative and Socio-Legal Perspectives edited by Simon Butt, Hitoshi Nasu and Luke Nottage, 139-52 (Springer, 2013).
“The Responsibility to Prevent: Could the UN Have Prevented the Atrocities in East Timor and Kosovo?” in Responsibility to Protect and Sovereignty, edited by Charles Sampford and Ramesh Thakur, 105-26 (Ashgate, 2013).
“Revisiting the Concept of Protection in International Refugee Law: Implications of the Protracted Refugee Situation on the Thai-Myanmar Border,” (with Akiko Okudaira) in Protection of Refugees and Displaced Persons in the Asia Pacific Region, edited by Angus Francis and Rowena Maguire, 171-83 (Ashgate, 2013).
“Peacekeeping, Civilian Protection Mandate and the Responsibility to Protect,” in Norms of Protection: Responsibility to Protect, Protection of Civilian and Their Interaction, edited by Vesselin Popovski, Charles Sampford, and Angus Francis, 117-33 (UN University Press, 2012).
“The Protection of Civilians from Violence and the Effects of Attacks in International Humanitarian Law,” in Protecting Civilians during Violent Conflict: Theoretical and Practical Issues for the 21st Century, edited by Igor Primoratz and David Lovell, 65-84 (Ashgate, 2012).
“Law and Policy for Antarctic Security: An Analytical Framework,” in Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives, edited by Alan D. Hemmings, Donald R. Rothwell, and Karen N. Scott, 18-32 (Routledge, 2012).
“Introduction: Regional Integration and Human Rights Monitoring Institutions,” in Human Rights in the Asia-Pacific Region: Towards Institution-Building, edited by Hitoshi Nasu and Ben Saul, 1-13 (Routledge, 2011).
“The Role of the ‘Responsibility to Protect’ in the Law on the Prevention of Armed Conflict,” in The Essence of Collective Security, edited by Takashi Tsugeyama, 395-427 (Toshindo, Tokyo, 2010) (written in Japanese).
“Regulation of Access to Essential Medicines: Public Law Challenges to the US Bilateral Free Trade Agreements,” in Incentives for Global Public Health: Patent Law and Access to Essential Medicines, edited by Kim Rubenstein, Thomas Pogge, and Matthew Rimmer, 77-100 (Cambridge University Press, 2010).
“Who Guards the Guardian? A Regulatory Approach to the Enhancement of Legal Accountability of the UN Security Council through Dialogue,” in Sanctions Accountability and Governance in a Globalised World, edited by Kim Rubenstein and Jeremy Farrall, 123-42 (Cambridge University Press, 2009).
“Status of Rebels in Non-International Armed Conflict,” in International Humanitarian Law – An Anthology, edited by Louise Dowsald-Beck, Azizur Rahman Chowdhury, Jahid Hossain Bhuiyan, 239-60 (LexisNexis Butterworths, India, 2009).
Journal Articles
“Targeting a Satellite: Contrasting Considerations between the Jus ad Bellum and the Jus in Bello,” 99 International Law Studies 142-79 (2022).
“The End of the United Nations? The Demise of Collective Security and Its Implications for International Law,” 24 Max Planck Yearbook of United Nations Law 110-36 (2021).
“The ‘Infodemic’: Is International Law Ready to Combat Fake News in the Age of Information Disorder?” 39 Australian Year Book of International Law 65-77 (2021).
“NATO and Collective Defense in Space: Same Mission, New Domain,” (with Aurel Sari) 20 Turkish Policy Quarterly 35-43 (2021).
“Regulatory Responses to ‘Fake News’ and Freedom of Expression: Normative and Empirical Evaluations,” (with Rebecca Helm) 21 Human Rights Law Review 302-28 (2021).
“Legal Characterization of Lethal Autonomous Maritime Systems: Warship, Torpedo, or Naval Mine?” (with David Letts) 96 International Law Studies 79-97 (2020).
“The Regime of Innocent Passage in Disputed Waters” 94 International Law Studies 241-283 (2018).
“Maritime Law Enforcement and the Aggravation of the South China Sea Dispute: Implications for Australia,” (with David Letts and Rob McLaughlin) 34 Australian Year Book of International Law 53-63 (2017).
“ASEAN and the Development of Counter-Terrorism Law and Policy in Southeast Asia,” (with See Seng Tan) 39 University of New South Wales Law Journal 1219-38 (2016).
“The Legal Quagmire of Civilian Protection in Peacekeeping under Japan’s New Security Legislation,” 20 Journal of International Peacekeeping 37-48 (2016).
“Japan’s 2015 Security Legislation: Challenges to Its Implementation under International Law,” 92 International Law Studies 249-80 (2016).
“The Law’s Potential to Break – Rather Than Entrench – the South China Sea Deadlock,” (with Rob McLaughlin) 21 Journal of Conflict & Security Law 305-37 (2016).
“Nanotechnology and the Future of the Law of Weaponry,” 91 International Law Studies 486-516 (2015).
“State Secrets Law and National Security,” 64 International and Comparative Law Quarterly 365-404 (2015).
“Re-Evaluating the Role of International Law in Territorial and Maritime Disputes in East Asia,” (with Donald R. Rothwell) 4 Asian Journal of International Law 55-79 (2014).
“Nanotechnology in Japan: A Route to Energy Security After Fukushima?” (with Thomas Faunce) 69(5) Bulletin of the Atomic Scientists 68-74 (2013).
“Nanotechnology and Challenges to International Humanitarian Law: A Preliminary Legal Assessment,” 94 International Review of the Red Cross 653-72 (2013).
“Revisiting the Principle of Non-Intervention: A Structural Principle of International Law or a Political Obstacle to Regional Security in Asia?” 3 Asian Journal of International Law 25-50 (2013).
“The Place of Human Security in Collective Security,” 18 Journal of Conflict & Security Law 95-129 (2013).
“Nano-Safety or Nano-Security? Reassessing Europe’s Nanotechnology Regulation in the Context of International Security Law,” (with Thomas Faunce) 3 European Journal of Risk Regulation 416-21 (2012).
“The Proposed Ban on Certain Nanomaterials for Electrical and Electronic Equipment in Europe and Its Global Security Implications: A Search for an Alternative Regulatory Approach,” (with Thomas Faunce) 2(3) European Journal of Law and Technology online at <http://ejlt.org//article/view/79> (2011).
“The UN Security Council’s Responsibility and the ‘Responsibility to Protect’,” 15 Max Planck Yearbook of United Nations Law 377-418 (2011).
“The Expanded Conception of Security and International Law: Challenges to the UN Collective Security System,” 3(3) Amsterdam Law Forum 15-33 (2011).
“Operationalizing the Responsibility to Protect in the Context of Civilian Protection by UN Peacekeepers,” 18(4) International Peacekeeping 364-78 (2011).
“Nanotechnology and the International Law of Weaponry: Towards International Regulation of Nano-Weapons,” (with Thomas Faunce) 20 Journal of Law, Information and Science 21-54 (2010).
“The Impacts of Australia’s Ratification of the Disability Convention on the Health Requirement,” (with Annabelle Craft and Matthew Zagor) 44 Immigration Review §621 (2010).
“Antarctica and International Security Discourse: A Primer,” (with Donald R. Rothwell) 6 New Zealand Yearbook of International Law 3-23 (2009).
“Operationalising the ‘Responsibility to Protect’ and Conflict Prevention: Dilemmas of Civilian Protection in Armed Conflict,” 14 Journal of Conflict & Security Law 209-41 (2009).
“Normative Foundations of Technology Transfer and Transnational Benefit Principles in the UNESCO Universal Declaration on Bioethics and Human Rights,” (with Thomas Faunce) (2009) 34 Journal of Medicine and Philosophy 296-321 (2009).
“Reform of Subclass 457 Visa Scheme: Proposal of Three Models,” 33(3) Alternative Law Journal 147-150 (2008).
“Sunscreen Safety: The Precautionary Principle, The Australian Therapeutic Goods Administration and Nanoparticles in Sunscreens,” (with Tom Faunce, Katherine Murray, and Diana Bowman) 2(3) NanoEthics 231-240 (2008).
“Three Proposals for Rewarding Novel Health Technologies Benefiting People Living in Poverty. A Comparative Analysis of Prize Funds, Health Impact Funds and a Cost-Effectiveness/Competitive Tender Treaty,” (with Thomas Faunce) 1(2) Pubic Health Ethics 146-53 (2008).
“Constitutionality of the Japanese Nationality Act: A Commentary on the Supreme Court’s Decision of 4 June 2008,” (with Yasuhiro Okuda) 26 Zeitschrift für Japanisches Recht 101-16 (2008).
“Chapter VII Powers and the Rule of Law: The Jurisdictional Limits,” 26 Australian Year Book of International Law 87-117 (2007).
“Responsibility to React? Lessons from the Security Council’s Response to the Southern Lebanon Crisis of 2006,” 14(3) International Peacekeeping 339-52 (2007).
“Towards a True Incarnation of the Rule of Law in War-Torn Territories: Centring Peacebuilding in the Will of the People,” (with Kristen Daglish) 54 Netherlands International Law Review 81-114 (2007).
“Sins of the Mother: Australia, West Papuans, Japan and Visas,” (with Kent Anderson) 18 Public Law Review 5-9 (2007).
“Investigation Proprio Motu for the Maintenance of International Peace and Security,” 23 Australian Year Book of International Law 105-34 (2004).
“Article 9 of the Japanese Constitution: Revisited in the Light of International Law,” 18 Zeitschrift für Japanisches Recht 50-66 (2004).
“A Dimension of the Refugee Issue: MV Tampa Incident Examined,” (with Takashi Tsugeyama) 59 Aoyama Journal of International Politics, Economics and Business 49-82 (2003).
Online Publications
“Augmented Reality Battlefield,” (with Robert Lawless) Articles of War (Apr. 28, 2022).
“Ukraine Symposium – A War Crime Primer on the Ukraine-Russia Conflict,” (with Sean Watts), Articles of War (Apr. 4 April 2022).
“Hunter 2-S Swarming Attack Drones: Legal and Ethical Dimensions,” Articles of War (Mar. 31, 2022).
“Deepfake Technology in the Age of Information Warfare,” Articles of War (Mar. 1, 2022).
“LAWS Debate at the United Nations: Moving Beyond Deadlock,” Articles of War (Sep. 23, 2021).
“The Alpagu Autonomous Attack Drone: What the Future Holds for the Humanity in the Battlefield?” Lawfire (July 1, 2021).
“The Kargu-2 Autonomous Attack Drone: Legal and Ethical Dimensions,” Articles of War (June 10, 2021).
“A Threat or a Warning: Russia’s Weapons Testing in Space,” (with Michael N. Schmitt) Just Security (July 31, 2020).
“NATO Recognizes Space as an ‘Operational Domain’: One Small Step Toward a Rule-Based International Order in Outer Space,” Just Security (Mar. 4, 2020).
“Finding Polaris in the Future Regulation of the UK Space Industry,” (with Naomi Hawkins, Mathilde Pavis, and Kubo Mačák) (SCuLe Policy Brief No. 2, Centre for Science, Culture and the Law, Aug. 22, 2019).
“Collective Self-Defense and the ‘Bloody Nose Strategy’: Does It Take Two to Tango?” (with Aurel Sari) Just Security (Jan. 26, 2018).
“Prospects for the Rules-Based Global Order,” (with Greg Raymond, See Seng Tan, and Rob McLaughlin) (The Centre of Gravity Series #34, ANU Strategic and Defence Studies Centre, June 2017).
“‘Legal Mechanisms to De-escalate Tension in the South China Sea,” ILA Reporter (Feb. 15, 2015).
“The Future of Nanotechnology in Warfare,” The Global Journal (July 4, 2013).
“Law at Sea: Challenges Facing Japan's Anti-piracy Mission,” (with Donald R. Rothwell) Jurist (Mar. 25, 2009).