Faculty Profiles - MIZUSHIMA, Tomonori

Papers - MIZUSHIMA, Tomonori

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Recognition of States in the Context of Foreign State Immunity

Mizushima, Tomonori

Thoughts and Structure of Modern International Law: Festschrift in Honour of Professor Yoshiro Matsui's 70th Birthday, Vol 1 (Matsuda Takeo et al eds; Toshindo) page： 161-179 2012.3

The Settlement of a Private Person's Claim against a Foreign "State:" The Case of Japan's Foreign State Immunity Act Reviewed

MIZUSHIMA Tomonori

Chinese (Taiwan) Yearbook of International Law and Affairs Vol. 30 page： 31-47 2012

The Relationship between International Crimes and Diplomatic Immunity from the Viewpoint of International Law Invited Reviewed

MIZUSHIMA Tomonori

Kokusai Mondai [International Affairs] ( 592 ) page： 28-37 2010.6

'Customary International Law' concerning Immunity of Ministers for Foreign Affairs from Foreign Criminal Jurisdiction: 'International Law-Making' in the ICJ's Arrest Warrant Case Invited Reviewed

Mizushima, Tomonori

Current Issues of International Lawmaking: Festschrift in honour of Professor Hisakazu Fujita's 70th Birthday (Sakamoto Shigeki ed; Yushindo) page： 29-44 2009.7

Foreign State Immunity in In re Terrorist Attacks on September 11, 2001, 538 F3d 71 (2nd Cir 2008): The Impact of the New Terrorism Exception in the US Foreign Sovereign Immunities Act

Tomonori MIZUSHIMA

Hosei Ronshu [Nagoya University Journal of Law and Politics] ( 230 ) page： 99-121 2009.6

*A Myth of the Restriction of Foreign State Immunity under International Law Reviewed

Tomonori MIZUSHIMA

Kokusaiho Gaiko Zassi [The Journal of International Law and Diplomacy] Vol. 107 ( 3 ) page： 22-44 2008.11

Language：Japanese Publishing type：Research paper (scientific journal)

Foreign State immunity has been considered to be a rule of international law and discussion regarding it has centred on the scope of the immunity to be granted. International lawyers tend to describe the development of foreign State immunity as a change "from absolute to restrictive immunity". In this article, it is argued that, as a matter of international law, the scope of foreign State immunity has expanded, rather than being restricted.

*Denying Foreign State Immunity on the Grounds of the Unavailability of Alternative Means Reviewed

MIZUSHIMA Tomonori

The Modern Law Review Vol. 71 ( 5 ) page： 734-752 2008.9

Language：English Publishing type：Research paper (scientific journal)

Granting immunity from suit to a foreign state or an international organisation, deprives the plaintiff of access to court and appears incompatible with the rule of law. Since the European Court of Human Rights judgment in Waite v Germany (1999), the availability of alternative means for dispute settlement has been emphasised in the context of international organisation immunity. However in the case of foreign state immunity, this approach was not taken by the European Court of Human Rights in Al-Adsani v United Kingdom (2001) nor by the House of Lords in Jones v Ministry of the Interior of Saudi Arabia (2006). Likewise, foreign state immunity would be granted under the UN State Immunity Convention of 2004, regardless of whether there are alternative means. This Convention, rather than enhancing the rule of law, could lead to its attenuation. That several cases involve immunity in cases of torture sharpens their sensitivity.

International Law in the Era of Globalisation: Obligations of States under Human Rights Treaties in Respect of Their Activities Abroad Invited

Mizushima, Tomonori

Horitsu Jiho [Law Journal], Special Issue page： 18-23 2008.4

*Foreign State Immunity in Japanese Courts at the Beginning of the Twenty-First Century Reviewed

Tomonori MIZUSHIMA

The Japanese Annual of International Law ( 50 ) page： 99-123 2007

*Foreign State Immunity: The Significance of the Japanese Supreme Court Judgment of 21 July 2006 Invited Reviewed

Mizushima, Tomonori

Jurisuto [Jurist] ( 1321 ) page： 37-44 2006.10

*Denial of Foreign State Immunity for Jus Cogens Violations? Invited Reviewed

Mizushima, Tomonori

Agenda for International Law in the 21st Century: Festschrift in honour of Professor Nisuke Ando's 70th Birthday (Asada Masahiko ed; Yushindo) page： 97-122 2006.7

The Local Remedies Rule in International Investment Law and WTO Law Invited Reviewed

Tomonori MIZUSHIMA

Kobe Gakuin Hogaku [The Law and Politics Review (Kobe Gakuin University)] Vol. 35 ( 4 ) page： 159-192 2006.4

The Relationship between Foreign State Immunity and the Right to Court under International Law Reviewed

Mizushima, Tomonori

Hogaku Ronso [Kyoto Law Review] Vol. 153 ( 6 ) page： 82-100; 154/2, 97-117 2003.9

Foreign State Immunity under International Law in Tort Proceedings Reviewed

Mizushima, Tomonori

Hogaku Ronso [Kyoto Law Review] Vol. 151 ( 6 ) page： 120-139; 152/3, 113-131 2002.9

The Individual as Beneficiary of State Immunity: Problems of the Attribution of Ultra Vires Conduct Reviewed

MIZUSHIMA Tomonori

Denver Journal of International Law and Policy Vol. 29 ( 3-4 ) page： 261-287 2001.9

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Papers - MIZUSHIMA, Tomonori