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Institution: The University of Tokyo Graduate School of Arts and Sciences

Period of stay: 13 April - 31 March 2022

Contact: kitamura@waka.c.u-tokyo.ac.jp

 

 

 

 

 

 

 

Profile:

Tomofumi Kitamura is an associate professor of international law at the University of Tokyo (Japan). Before taking up the current position in April 2016, he was an associate professor at the Tokyo Metropolitan University (Japan) (2011-2016). He received his bachelor’s, master’s, and doctoral degrees from the University of Tokyo. His areas of research include international trade law, law of treaties, state responsibility, and international dispute settlement. He serves as a secretary of the Japanese Society of International Law, an associate editor of the Japanese Yearbook of International Law, and a member of several research committees of the Japanese Government.

Research Area:

International Trade Law

Research Title:

Critical Issues Facing the World Trading System: Income Distribution and National Security

Research Outline:

The research tackles two critical issues facing the world trading system. The first is the issue of international trade and income distribution. International trade creates “winners” and “losers” in each State. States have long recognized this issue, and while they have sought free trade for the sake of economic growth, they have also attempted to mitigate its adverse effects through the domestic implementation of redistribution policies, as well as equipping international trade agreements with so-called safeguard clauses. However, the issue is far from settled and has intensified, coupled with the effect of the so-called supply-chain revolution. This has led to the current crisis of the world trading system. Based on my previous research on the historical development of safeguard clauses, I attempt to construct a theory to systematically explain the causes of the crisis confronted by the world trading system, and consider prescriptions for overcoming the crisis. The second is the issue of international trade and the “right to regulate,” especially in the context of GATT Article XXI (security exceptions). The issue is attracting significant attention with the increase of cases involving the Article. The Panel decision in Russia – Ukraine established a seemingly reasonable standard of review, as a standard for reviewing security measures. However, questions remain, especially as to whether that standard shall or should be applied to cases in which the discriminatory aspect of a security measure is questioned (rather than the necessity of the measure itself). By building on my previous research regarding standards of review under GATT Article XX (general exceptions) as well as Articles 2.1 and 2.2 of the TBT Agreement, I attempt to clarify the standards of review that should be applied to security exceptions based on differences in the legal grounds of the complaints.

Publications: 

Recent Works

• “Treaty–Making in Japan,” “Reservations and Interpretative Declarations,” “Validity of a Treaty,” and “Withdrawal from a Treaty,” in Seokwoo Lee et al. eds., Encyclopedia of Public International Law in Asia (Brill, forthcoming 2021)

Kokusai Joyaku Handobukku [Handbook of International Treaties] (Yuhikak, 2020) (co-authored with Tadashi Mori, Iwao Fujisawa, Dai Tamada, Mari Takeuchi and Kazuyori Ito)

• “Trade and Its ‘Losers’: How Can We Overcome the ‘Worst Crisis’ of

International Trade System,” in Koji Teraya ed., Kokusaiho no Genzai [International Law at Present] (Nippon Hyoron Sha, 2020), pp.312-325

• “‘Rule of Law’ in the WTO: Its Image and Reality,” 118 Kokusaiho Gaiko Zassi [Journal of International Law and Diplomacy] 4 (2020), pp.479-506

• “Sins and Virtues of WTO Dispute Settlement System: Lessons of the Korea

– Radionuclides Case” Hogaku-Kyoshitsu [Lecture pour le futur] 468 (2019), pp.49-56

• “Reconsidering the ‘Post-Discriminatory Obligations’ of the WTO: Analysis

of the Case Law of the TBT Agreement,” Yuji Iwasawa et al. eds, Kokusaiho

no Dainamizum [Dynamism of International Law] (Yuhikaku, 2019), pp.487-512

• “Copyrightable Works of Unrecognized States: Judgment of 8 December 2011 of the First Petty Bench of the Supreme Court,” Naoki Koizumi et al. eds., Chosakukenho Hanrei Hyakusen [Collection of Selected Cases on Copyright Law], 6th ed., (Yuhikaku, 2019), pp.220-221

Other Selected Works

• “A Study of Necessity in International Law: Two Customary Roots and the Meaning

of Article 25 of the International Law Commission's Articles on State Responsibility (2-2),” 56 Hogakkai-Zasshi [Tokyo Metropolitan University Journal of Law and Politics] 2 (2016), pp.217-238

Kokusaiho de Sekai ga Wakaru [Understanding the World through International Law] (Iwanami Shoten, 2016) (co-edited with Koichi Morikawa, Tadashi Mori, Naoki Iwatsuki, Iwao Fujisawa)

• “A Study of Necessity in International Law: Two Customary Roots and The Meaning

of Article 25 of the International Law Commission's Articles on State Responsibility (2-1),” 56 Hogakkai-Zasshi [Tokyo Metropolitan University Journal of Law and Politics] 1 (2015) pp.599-632

• “A Study of Necessity in International Law: Two Customary Roots and The Meaning

of Article 25 of the International Law Commission's Articles on State Responsibility (1),” 55 Hogakkai-Zasshi [Tokyo Metropolitan University Journal of Law and Politics] 2 (2015) pp.117-167

• “Legal Basis of the rebus sic stantibus Principle in International Law,” Kokusai Kankeiron Kenkyu [Studies on International Relations] 27 (2008), pp.39-86

• “Evaluation of the WTO's Interpretive Practices on Safeguards: From the Viewpoint of Institutional Transformation of the World Trading System,” Kokusai Kankeiron

Kenkyu [Studies on International Relations] 25 (2006) pp.55-95

 

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