Associate Professor Hitoshi Nasu

Associate Professor
BA; MA (Aoyama Gakuin); M Int'l L; PhD (Sydney); Grad Cert Mig L & Prac (ANU)
+61 2 6125 8440
Room 308

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Biography

Dr Hitoshi Nasu joined the ANU College of Law in December 2006. Prior to his appointment at the ANU, he taught international law at the University of Sydney.

He completed a PhD in 2006 by submitting a doctoral thesis on Precautionary Approach to International Security Law: A Study of Article 40 of the UN Charter, which was later published as a monograph: International Law on Peacekeeping: A Study of Article 40 of the UN Charter (Martinus Nijhoff, 2009).

His expertise extends to a wide range of international security law issues including the law of peacekeeping, the protection of civilians in armed conflict, the responsibility to protect, human security, security institutions and international rule of law, and new technologies and the law of armed conflict, with over 60 publications.

He completed an Australian Research Council (ARC) funded research project on Developing Australia’s Legal Response to Military and Security Applications of Nanotechnology (Project ID: DP110102637) as the lead investigator. He is currently leading another ARC-funded research project on A Legal Analysis of Australia’s Future Engagement with Asia-Pacific Security Institutions (Project ID: DP130103683). He is also a member of the International Law Association’s Study Group on Cyber Terrorism and International Law (2014- 2016) and core expert of the Manual on the International Law Applicable to Military Use of Outer Space (MILAMOS: 2016-2019).

Appointments

  • Director, LL.M. Program at the ANU College of Law
  • Co-Director, The Australian Network for Japanese Law (ANJeL)
  • Co-Director, The Centre for Military & Security Law (CMSL)

Significant research publications

  • Hitoshi Nasu and Kim Rubenstein (eds), Legal Perspectives on Security Institutions (Cambridge: Cambridge University Press, 2015) xxviii, 450 pages.
  • Hitoshi Nasu and Robert McLaughlin (eds), New Technologies and the Law of Armed Conflict (The Hague: TMC Asser, 2014) xx, 259 pages.
  • Hitoshi Nasu, ‘State Secrets Law and National Security’ (2015) 64 International and Comparative Law Quarterly 365-404.
  • Hitoshi Nasu, ‘The Expanded Conception of Security and International Law: Challenges to the UN Collective Security System’ (2011) 3(3) Amsterdam Law Forum 15-33.
  • Hitoshi Nasu, International Law on Peacekeeping: A Study of Article 40 of the UN Charter (Leiden: Martinus Nijhoff Publishers, 2009) xlvii, 322 pages.

Read selected publications in the ANU Digital Collection

Recent news

10
Aug
2016
ILA South Africa
Five senior academics from the ANU College of Law will represent Australia this week at the 77th Biennial Conference of the International Law Association, the key global gathering of international law scholars and practitioners.
26
Feb
2016
While tanks and submarines are still required, technological advances in drones, cyber warfare and artificial intelligence mean it's vital our defence industry keeps an eye on future battlespaces, write ANU military law experts Hitoshi Nasu, David Letts and Rob McLaughlin.
15
Nov
2013

Congratulations to Associate Professor James Stellios, Associate Professor Alex Bruce, Professor Tom Faunce, Professor Don Rothwell and Dr Hitoshi Nasu for receiving Australian Research Council Grants for 2014.

07
Nov
2012
ANU College of Law

Four ANU College of Law projects were awarded funding for The Australian Research Council (ARC) Discovery Projects commencing in 2013.

In the Media

9
Jul
2014
Hitoshi Nasu comments on The Drum
7
Apr
2014
Hitoshi Nasu writes in ABC's The Drum
20
Mar
2014
Hitoshi Nasu writes in International Review of the Red Cross

Please note, only a small selection of recent publications and activities are listed below.

Read selected publications in the ANU Digital Collection

Research biography

Dr Hitoshi Nasu actively publishes, engages in international conferences and seminars, and collaborates with researchers across many different jurisdictions including Australia, Germany, India, Indonesia, Japan, Malaysia, Netherlands, New Zealand, Singapore, Switzerland, Thailand, the UK, the US, and Vietnam. Hitoshi’s expertise extends to a wide range of international law issues including the law of peacekeeping, the protection of civilians in armed conflict, the responsibility to protect, human security, state secrets and national security, disaster relief and management, international rule of law and security institutions, and new technologies and the law of armed conflict, with over 60 publications.

Research projects & collaborations

  • Dr Hitoshi Nasu is currently working on a co-authored monograph, ASEAN as a Security Institution: Law and Policy, as part of the major research grant project funded by the Australian Research Council - A Legal Analysis of Australia's Future Engagement with Asia-Pacific Security Institutions (Project ID: DP130103683).

Grants

  • ARC Linkage Infrastructure, Equipment and Facilities Grant, Project Title: The International Law Library on the World Legal Information Institute (Project ID: LE140100011) (as a project member of a team led by the University of Technology, Sydney) (2014).
  • ARC Discovery Grant, Project Title: A Legal Analysis of Australia’s Future Engagement with Asia-Pacific Security Institutions (Project ID: DP130103683) (as the lead chief investigator; with Donald R Rothwell, Robert McLaughlin and See Seng Tan) (2013-2015).
  • ARC Discovery Grant, Project Title: Developing Australia’s Legal Response to Military and Security Applications of Nanotechnology (Project ID: DP110102637) (as the lead chief investigator; with Tom Faunce, Margaret Kosal and Michael N Schmitt) (2011-2013).
  • Japan Foundation Grant Program for Intellectual Exchange Conference, Project Title: International Conference on Human Rights in Asia: Towards Institution-Building (with Luke Nottage and Kent Anderson) (2009-2010).

Books & edited collections

  • Hitoshi Nasu and Kim Rubenstein (eds), Legal Perspectives on Security Institutions (Cambridge: Cambridge University Press, 2015) xxviii, 450 pages.
  • Hitoshi Nasu and Robert McLaughlin (eds), New Technologies and the Law of Armed Conflict (The Hague: TMC Asser, 2014) xx, 259 pages.
  • Simon Butt, Hitoshi Nasu and Luke Nottage (eds), Asia-Pacific Disaster Management: Comparative and Socio-Legal Perspectives (Berlin: Springer, 2013) xii, 303 pages.
  • Hitoshi Nasu and Ben Saul (eds), Human Rights in the Asia-Pacific Region: Towards Institution-Building (London: Routledge, 2011) xxii, 268 pages.
  • Hitoshi Nasu, International Law on Peacekeeping: A Study of Article 40 of the UN Charter (Leiden: Martinus Nijhoff Publishers, 2009) xlvii, 322 pages.

Book chapters

The five most recent book chapters:

  • Hitoshi Nasu, ‘Human Security and International Law: The Potential Scope for Legal Development within the Analytical Framework of Security’ in Mary E Footer, Julia Schmidt and Nigel D White (eds), Security and International Law (Oxford/Portland OR: Hart Publishing, 2016) 25-42.
  • Hitoshi Nasu and Kim Rubenstein, ‘The Expanded Conception of Security and Institutions’ in Hitoshi Nasu and Kim Rubenstein (eds), Legal Perspectives on Security Institutions (Cambridge: Cambridge University Press, 2015) 1-24.
  • Hitoshi Nasu, ‘Institutional Evolution in Africa and the “Peacekeeping Institution”’ in Hitoshi Nasu and Kim Rubenstein (eds), Legal Perspectives on Security Institutions (Cambridge: Cambridge University Press, 2015) 167-189.
  • Hitoshi Nasu and Helen Trezise, ‘Cyber Security in the Asia-Pacific’ in Russell J Buchan and Nicholas Tsagourias (eds), Research Handbook on International Law and Cyberspace (Edward Elgar, 2015) 446-464.
  • Hitoshi Nasu, ‘Nanotechnology and the Law of Armed Conflict’ in Hitoshi Nasu and Robert McLaughlin (eds), New Technologies and the Law of Armed Conflict (TMC Asser 2014) 143-157.

Refereed journal articles

The five most recent refereed journal articles:

  • Rob McLaughlin and Hitoshi Nasu, ‘The Law’s Potential to Break – Rather Than Entrench – the South China Sea Deadlock’ (2016) 21 Journal of Conflict & Security Law 305-337.
  • Hitoshi Nasu, ‘Nanotechnology and the Future of the Law of Weaponry’ (2015) 91 International Law Studies 486-516.
  • Hitoshi Nasu, ‘State Secrets Law and National Security’ (2015) 64 International and Comparative Law Quarterly 365-404.
  • See Seng Tan, ‘ASEAN and the Development of Counter-Terrorism Law and Policy in Southeast Asia’ (2016) 39 The University of New South Wales Law Journal 1219-1238.
  • Hitoshi Nasu, ‘Japan's 2015 Security Legislation: Challenges to its Implementation under International Law’ (2016) 92 International Law Studies 249-280.

Conference papers & presentations

The five most recent major conference presentations:

  • Hitoshi Nasu, 'The Role of ASEAN in the Development and Internalisation of Legal Responses to Human Trafficking and People Smuggling in Southeast Asia', presented at the Harvard-Yenching and SSK conference on Human Rights and the Environment, Harvard University, 15 April 2016 and at the Asian Society of International Law, Regional conference, Hanoi, 14-15 June 2016.
  • Hitoshi Nasu, ‘ASEAN as a Security Institution: Its Competence and Legal Authority’, presented at the Fifth Biennial Conference of the Asian Society of International Law, Bangkok, 26-27 November 2015.
  • Hitoshi Nasu, ‘Nanotechnology Weapons and the Law’, presented at the Workshop on Legal Implications of Future Weapons Technology co-hosted by the US Naval War College and the International Committee of the Red Cross, Newport, 24-25 February 2015.
  • Hitoshi Nasu, ‘Institutional Paradigms to Prevent Inadvertent Armed Conflicts in the East Sea’, presented at the International Conference on East Sea Disputes, Ho Chi Minh City, 25-26 July 2014.
  • Hitoshi Nasu, ‘Nanotechnology and Warfare – Legal Implications’, presented at the 5th Annual Senior Officers’ Security and  Law Conference, Geneva Centre for Security Policy, Geneva, 8-11 July 2013.

Committees

Internal ANU Committees

  • LLM Program Committee
  • Graduate Coursework Committee
  • College Education Committee

Case notes & book reviews

  • Hitoshi Nasu, ‘Book Review: Australian Peacekeeping: Sixty Years in the Field edited by David Horner, Peter Londey and Jean Bou’ (2011) 29 Australian Year Book of International Law 216-224.
  • Hitoshi Nasu, ‘Book Review: Refugee Law and Practice in Japan by Osamu Arakaki’ (2010) 34 Asian Studies Review 125-126.

Currently supervising

  • Doctor of Philosophy (PhD)
    Topic: Enforcement of Crimes of Universal Jurisdiction in the Absence of Traditional Jurisdictional Nexuses – State, Regional and International Practice in Bringing Individuals to Justice
  • Doctor of Philosophy (PhD)
    Topic: To what extend can International Humanitarian Law regulate the study, development, acquisition or adoption of new technology weapons?

PhD supervision

I am willing to supervise in the areas:

  • international security law;
  • international humanitarian law/the law of armed conflict;
  • the law of peacekeeping;
  • international law in Asia;
  • international institutions and the rule of law

LLM Masters thesis supervision

I am willing to supervise in the areas:

  • international security law;
  • international humanitarian law/the law of armed conflict;
  • the law of peacekeeping;
  • international law in Asia;
  • international institutions and the rule of law.

I have previously supervised:

  • Camilla Lonsdale, ‘The Application of International Law to Cyber-Terrorism’ (International Security Law Research Project, 2014);
  • Katrina Burges, ‘The Legal Challenges of an Inclusive Approach to SSR: Case Study of Somalia’ (International Security Law Research Project, 2014);
  • Alexandra Haley, ‘The Asian Development Bank and Accountability for Food Security’ (International Security Law Research Project, 2013);
  • Varsha Maharaj, ‘The Problem of the Principle of Non-Intervention in the Charter and Practice of the United Nations’ (International Security Law Research Project, 2013);
  • Bethany Wellings, ‘Enhancing the Women, Peace and Security Agenda in Security Sector Reform’ (Graduate Research Unit, 2013).

Honours thesis supervision

I am willing to supervise in the areas:

  • public international law in general;
  • international security law;
  • international humanitarian law/the law of armed conflict;
  • the law of peacekeeping;
  • international law in Asia;
  • international institutions and the rule of law.

I have previously supervised:

  • Helen Trezise, 'The Torture Trail: Can a State be Internationally Responsible for Complicity in the Abuses Committed by its Foreign Intelligence Partners?' (2016).
  • Alexa Milosevic, ‘Challenge to the International Public Law Characterisation of the International Investment Law System’ (2015).
  • Philippa Mowat, ‘The Pacific Islands Forum’s Development of a Regional Framework to Address Human Trafficking and People Smuggling’ (2015).
  • Dorea Ho, ‘How Does Child Access Law in Australia and Japan Affect Rights of Access under the Hague Convention on Child Abduction?’ (2015).
  • Sam Kreitals, ‘Dual-Use Goods Export Controls, and How Australia Can Strike the Balance’ (2014);
  • Amanda J Neilson, ‘Normalising the State of Emergency: National Security in the High Court of Australia’ (2014);
  • Shiang Ye, ‘Bridging the Gap by Piercing the Veil’ (2014);
  • Harry Aitken, ‘The Security Council and International Law Enforcement: A Kelsenian Perspective on Civilian Protection Peacekeeping Mandates’ (2013);
  • James Dalley, ‘Article 27.3(b) of the TRIPS Agreement: Is Food Security Safeguarded in Southeast Asia?’ (2013).
  • Sasha Vukoja, ‘The Jurisprudential Implications of Constitutional Pacifism’ (2013).
  • Sarah Fitzgerald, ‘Towards a Holistic Conception of Victim Participation in International Criminal Law Proceedings’ (2013).
  • Sonja van der Steen, ‘Defining the Legal Nature of Command Responsibility: A Sui Generis Form of Liability?’ (2013).
  • Picorelli Pal, ‘Judicial Optimism: The Jurisprudence of Judge Weeramantry while on the International Court of Justice’ (2013).
  • Shenphen D Ringpapontsang, ‘The Status of the Remedial Rights Theory of Self-Determination in Contemporary International Law’ (2012).
  • Sarah Sloan, ‘A Damaging Distinction: Human Trafficking and People Smuggling in ASEAN States’ (Honours Thesis, 2012), awarded 72.
  • Amanda Thomas, ‘Direct Participation in Hostilities’ (2012).
  • Stephen Priest, ‘The Protection of National Security Information in Australia: A Comparative Law Perspective’ (2012).
  • Sneha Rangnath, ‘Is Injury to All Injury to None? Actio Popularis and the Protection of Collective Interests in International Law’ (2011).
  • Catherine Le Mesurier, ‘The French Intervention in Cote d’Ivoire and Its Implications for the Development of the Responsibility to Protect’ (2011).
  • Rosanna Bartlett, ‘The Impact of “Under”, “Over” and International Regulation in Creating Opportunities for the Use of Nano-Enabled Water Treatment for the Developing World’ (2011).
  • Nicholas W Dahlstrom, ‘A Licence to Kill: Legality of Australian Targeted Killing Operations’ (2010).
  • Gabrielle Launder, ‘La Hora de la Limpieza Social: In the Dark Shadows of the Gulf between International Humanitarian Law and Human Rights Law’ (2010).
  • Catherine Taylor, ‘Not Legal, Not Effective? An Examination of the Status of Diplomatic Assurances As Legal or Non-Legal under International Law and Implications for Their Effectiveness’ (2010).
  • Kalman A Robertson, ‘Regulatory Approaches to the International Law of Nuclear Safeguards’ (2009).
  • Claire Hazlett, ‘Credibility Assessment of Refugee Applicants in Japan’ (2008).
  • Heather McAulay, ‘R2P: A Colombian Case Study’ (2008).
  • Emma Barton, ‘Temporally Trumping Sovereignty? Generic Resolutions of the United Nations Security Council’ (2007).
  • Melissa Hamblin, ‘Is There a “Responsibility to Protect” in Refugee and Asylum Law and What Could This Mean for Australian Policy and Practice?’ (2007).
  • Siran Nyabally, ‘The Effectiveness of the Migration Act 1958 (Cth) in Protecting the Rights of Skilled Migrant Workers’ (2007).

Internship supervision

I am willing to supervise in the areas:

  • public international law in general;
  • international security law;
  • international humanitarian law/the law of armed conflict;
  • the law of peacekeeping;
  • international law in Asia;
  • international institutions and the rule of law.

I have previously supervised:

  • Hannah Bathula, 'The Intersection of International Humanitarian Law and Australia’s Counter-Terrorism and National Security Regime: Applicability to Australian in International Armed Conflict' (Internship for the Centre Military & Security Law, 2013).

Previous courses

Year Course code Course name
2016 LAWS8171
Class #1287
Kyoto Seminar: Japanese Law in the Global Era
2016 LAWS8179
Class #5712
International Security Law
2016 LAWS8268
Class #5635
International Humanitarian Law
2016 LAWS2250
Class #7385
International Law

Philosophy & approach

I respect students who make every effort to attend the class in order to fully engage with the learning process. I encourage students to not simply consume knowledge but critically think what they are learning in a wider and contemporary context.

 ‘Learning without thought is labour lost; thought without learning is perilous’ (Confucius, Lun Yu, 2-15).

 

Past courses

  • LAWS2250 International Law
  • LAWS8179 International Security Law
  • LAWS8268 International Humanitarian Law
  • LAWS8066 Intersection of International Humanitarian Law and Human Rights Law
  • LAWS8019 Post-Conflict Situations and Internnational Law
  • LAWS8162 Military Operations Law
  • LAWS8166 Advanced Military Operations Law
  • LAWS8171 Kyoto Seminar: Japanese Law in the Global Era
  • LAWS2269 Migration Law

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