480.

ACTttTHES
Activitics of thc lnternational LttAssociation ofJapan

THETW電 NTIETH ACADEMIC CONFERENCE(2013)
Date:Apri1 20,2013

Place:SaniO Kalkan,Un市 ersity of Tokyo
Morning Session:Reparation for Victilns of Armed Conflict

Chair:

Professor Kazuhiro Nakatani,University of Tokyo

speaker:Professor Shuichi Fumya,Waseda University
Afternoon Session:Climate Change
Chair:

Professor Yoshiro Matsui,Emeritus Professor,Nagoya University

Speaker:Professor C)samu Yoshida,the University of Tsukuba
speakeri Mr.Masarni Tamura,E)irector,Ministry of Foreign」

仁優hirsspeaker:Professor Tadashi Otsuka,Waseda Law SchoolSpeaker:Professor Satol■ Taira,Osaka City Un市 ersity
Rcparation Mcchanisins forVictilIIs ofArmed Con■

ict:

Signttcancc and Challcnges ofthc Mass Cl盛 Ins ProcessShuichi Fumya,Professor,Waseda University
The Declaration Of lnternational Law Principles on ReparatiOn for Victilns ofAr:ned Conflict adopted atthe Hag■ e ILA Conference of 2010 proclailns that victilns ofarmed conflict have a substantive right to reparation frolYl the responsible parties.
However,the right tO reparation is not necessarily accompanied by procedural support″
ictims may face nり merous practical and legal problellYls whenfor its enforcement。 ヽthey initiate proceedings before a domestic court.On the other hand,traditional inter―national law does not grant individual victims the capacity to claim reparations atlthe
international level.

In order to make the right to reparation more substantial, therefore, a special
mechanisn■ ,whether domestic or international,is nceded so that the clailns of indi―vidual victims can be accepted attd processed.Actually,in the last ttvO decades,wehave witnessed several αグあοε lnechanislns created to resolve land and prope■ y rights
disputes or to provide compensation to victitts who have suffered gross violations ofhuman rights and serious violations of international humanitarian law。
The ILA Conllnittec on Reparation for VictilYIs of Arined Conflict has dealt with theissuc of how we can promote the cstablishment of such a lnechanisnl and then drafted

a document titled

Procedural Standards for Reparation McchanisIYls" in 2012.TheCornmittec authored the document in order to provide future policymakers with thenecessary inforination on the cOre points that they would be required to cxalnine,andИσ7И z∬481

thereby,to assist them in establishing an effective rrlechanisnl as promptly as possible

after an arined conflict ends.At the same tilne,theProcedural Standards"document

also sends a strong signal to the international colYlinunity that victims should enloy aprocedural right to resort to a fair and effective rnechanism for reparation.

The StrLICture and procedure of past rnechanislns varied to a considerable extent,

depending on the political and social circumstances of connict and the needs ofvictigls.Nevertheless,these mechanisIYls have some sirrlilar features that the policy―
makers were forced to c6nsider when they were involved in establishing a new mech―anis]圧 i for reparation.Based on the comparative analysis of these mechanislns, theProcedural Standards" document consolidates thenl intO nve basic principles withsome choices that policymakers rnay flexibly inake.
ThcActivitics ttd Rcsc̀rchTasks ofthe ILA Corrmittec on thc Lcgal Principlcs

Relating to Climatc Changc(2008‑2012)
Osainu Yoshida,Professot University of Tsukuba
ln responsc t6 a proposal by the ILA,Japan Branch,the lnternational Conllnittee
on the Legal Principles Relating to Climate Change was established by the ILA Executive

Council in November 2008.Since then, the distinguished members of the Climate
led by the Chair of the Conlnittee,Professor Shinya Murase一 ―Change ConlIYlittec‐ ―二have been actively involved in preparing for the First and Second Reports and]Draft

Articles with attached conllYlentaries.This conference presentati9n entitled
A、The

ctivities and Research Tasks of thc ILA Comrnittec on the Legal Principles Relating toClimate Cha,ge(2008‑2012)"dealt with the following issucs:(i)the background un―
derlying and reasons for the establishment of the Climate Change Committce;(ii)global action towards climate change,including the conclusion of the 1992 UNFCCC
and the 1997 Kyoto Protocol;(五 D the 2010 First Report on the Legal Principles relating
to Climate Change(outstanding contribution by the Japan National Conllnittec on theLegal Principles Rclating to Climate Change established in]December 2012);(iv)the2012 Second Report;and(→ effOrts towards adopting the Draft Articles with commen―
taries.It was emphasized that the lnternational Conllnittec has tried to observe therelevant legal principles within the framework of general international law,rather thanrelying excessively upon the analysis of the existing international environmentalrёgime,itself consisting of the dimate chantte framework agrecment and its technicalprotocol.The]Draft Articles will be subnlitted to and considered at the next 76th ILA

Conference to be convened in Washington]DoCo in 2014.

482 ∠σηγ″丑БEvaluation of COP18 and its IInplications for Negotiations undc=UNFCCC

Masami Tamura,Director,Climatc Change D市 ision,International Cooperation Bureau,Ministry of Foreign Affairs
The Eightecnth Session ofthe Conference of Parties for United Nations Framework

Convention on Climate Change and the Eighth Session ofthe Conference ofthc Parties
selving as the meeting of thc Parties to the Kyoto Protocol(hereafter COP18)were

held from November 26 to December 8, 2012.The COP18 was concluded with theadoption of theDoha Climate Gateway,"which includes the fbllowing decisions:(a)COP decisions on the ADP work plan;(b)COP decisions on amendments to the Kyoto
Protocol;(c)COP decisions on agreed outcome of the AWG― LCA;and(d)COP de̲cision on climate inance。

As is clear fronl the appointinents of nlinisterial facilitators and their assigned
issues,Access to the rnechanisIYIs of Kyoto Protocol,"Key inance issueも ," Reportingguidelines,"and others are the lnain focus ofthe negotiations in the high‑lcvel segment.
The exact ngures of the enlissions targets in the sec。

,d cornfrlitment period were notincluded in those issues.This is contrary to the negotiations for adoption of the Kyoto

Protocol when

the numbers"were the lYlain focus of negotiations.

Another salient characteristic of COP18 was that the COP decisions were adOpted
despite dear obleCtiOns frolYI Russia,Bclalus,and Ukraine at the inal plenalγ lneeting。

Consensus making has become increasingly difncult in the recent COPo Rules ofProcedure have not been settled at COP and consensus is required to adopt any dc―cision.The COP President declared that consensus existed at COP18 despite the clear
ObleCtiOns of a few pa■ ies.
It is expected thata protocol, another legal instrument or an agreed outcome

with legal force,"whicl will COme into effect by 2020,will be adopted at COP21 in
2015.The above‑lnentioned characteristics of COP18 1nay influence the outcome ofthe

COP21,and therefore,the framework for global effbrts to tackle the climate change
after 2020.

EnlissionTrading Scheme― ―Focusing on theTask of Domestic L獅

Tadashi Otsuka,Professor,Waseda Law School
The enlission trading scheme is an econonlic inStrument of environmental p01icy.
It is characterized as highly cost― emcient,able to set a cap on the amount of enlissions,and able to ascertain the realization of reduction counterineasures.However,it may
cause some concerns that we need to cope with:Arstly,1)the fairness of the al10cationof enlissioh allowances;sccOndly, 2)the issuc Of

Carbon Lca=age,"Which happens

When ettterprises relocate their factories to developing countries to avoid costly Coun―termeasures against climate change and the factories release GHG at their new loca二tions; and thirdly, 3)the issuc Of how to cope with the stecp rise in the pricc of∠C771″ Z麗 5 483
enlissiOn al10wances.
I address ttvO issues concerning the dOmestic enlission trading scheme。
1)What is the tidemark fOr a dOmestic enlissiOn trading scheme with reference tOvarious schemes in different regions,cOuntries,and statesP wc have tO cOpe with thethree cOncerns aboveo Regarding the Arst cOncern,we can manage fairness by using
benchmarks fOr frec allocation or by using an auctiOn systemo Regarding the secOndconcern,we can avoid

carbOn Lcakage"by continuing

Business As lUsual"frec allO―

catiOn for specialtypes OfindustFy Or by introducing thebOrder attuStlYlent."Regarding
tle third concern,we can avoid the cOntinuation Of the steep price risc Of al10wancesby adnlitting banking or bOrrOwing of al10wances,by introducing thestrategic Reselve

Auction,"Or by intrOducing lnarket rnanagement OrganizatiOns.

2)How is the Ownership of enlissiOn allowances treated in variOus enlissiOn
trading schemes in different regions,cOuntries,and states,and hOw shOuld we treat
this issuc in JapanP In the UoS.,the states dO not adrrlit the Ownership Of enlissiOn al―lowances at the Public Law level.In the EU,it is up to member states whether they

adnlit the ownership of enlissiOn allowances or not.In my Opinion,Japan shOuldadnlit the ownership of the allOwances,but it is necessary to restrict the cxtent of thetransferability in thc exceptiOnal case where the business is in ecOnol‐rlic hardship andonce the business transfers its allowances,it will be difncult tO purchase adequate al―lowances in order surrender its allowances tO the government at the end Ofthe term.
Climatc chttge and lnternational Econonlic Law
Analysis Ofthe Consiζ tency ofthe EUA宙 江ion Dttctive withⅥSatonュ

o L獅

Taira,Professot osaka city universityWith the entry into fOrce Of the EU Aviation Directive(EU AVD)in January 2012,
C02 enlissiOns fronl all airlines arriving and departing the EU are nOw included under
the EU EmissiOn Trading system(EU ETS).Like industrial inStallatiOns covered by theEU ETS,airlines must reccive tradablё al10wances cOvering C02 emissiOns emitted
frOm their flights not Only over the EU but alsO Over third cOuntries and the high seas.

The EU A̲VD was froren tempOrarily in November 2012 to provide negotiatiOn tilne forthc ICAO in autumn 2013.Howevet the legislatiOn will continue to apply tO all EU andnon― EU airlines.

The applicatiOn ofthe EU m to all airlines entering EU airspace was a responseto the sO̲called cOmpetitiveness and carbOn lcakage cOncerns that wOuld have arisen

had Only EU airlines been included within the EU ETS.The EU AVD could affect trade
in servicc and indirectly affect trade in gOOds,where airlines pass thrOugh the cOst Ofthe Eu AI)V in their cargo rates.This rneans that it COuld be gOverned by bOth GATSand GATT。
The cOst tO airlines varies accOrding to their Co2 enlissiOns and therefOre varics
directly with the distance flown.The EU A̲VD imposes a higher cOst On goOds and ser̲484 ∠σ力И z∬
vices conling fronl countrics that are further away from the EU than on like goods andservices from within the EU or countries closer to the EU.Thus,it could violate theEU's obligations of rnost favored nation treatinent and national treatinent under GATSand G劇 .E)riven by the competitiveness and carbon leakage concerns,the EU AVD
could be doubtfully justined under the general exception provisions in GATS Artic19
測 V and GAI「 Article XX.

To consider these and other issucs concerning,he cOnsistency or inconsistency
with Ⅵ(Dl五 w

will also be helpful for other WO member countrics secking to under―

stand the scope of action by which they must address their C02 cmissions consistently

with their VTO commitments.

ACTRЛ TIES OF OFFICE IN 2012
1. The General Meeting of the Japan Branch was held on Apri1 20,2012,at Sanio
kalkan,Tokyo。
a. The following 28 persons were adnlitted as Council Mcmbers ofthe Branch:

Jun'iChi Akiba,Nisuke Ando,Masato Dogauchi,Hisakazu Fulita,Kazuya
Hirobe,Ryuichi lda,YulilwaSawa,Atusko Kanchara,Yoshiya Kawamata,
Akira Kotera,Shigelu Kozai,Yoshio KulYlakura,Yoshiro Matsui,Hiroshi

Matusoka,Shigeki Miyazaki,Koichi Morikawa,Shinya Murase,Yasumasa
Naganline, Kazuhiro Nakatani, Sciichi Ochiai, Tsuneo Ohtori, Naoya

okuwaki,Hisashi Owada,Yoshiaki Sakurada,Hisashi Uchida,ChuseiYamada,Soli Yamamoto,Shunii Yanai.The following 2 persons wereadnlitted as auditors of the Brancho Masaki C)rita,Akira Klawamata.

b。

With regard to nsCal year 2011:(1)

The inancial account of the Japan Branch for iscal ycar 2011,auditedby Mro Masaki Orita and Mr.Akira Kawalnura,Auditors,as prepared byMr.Yoshio:Kumakura,Treasurer,was subnlitted and approved by theMecting。

(li) The general affairs of the Branch during this terin were reported byProfessor Kazuhiro Nakatani,Secretary― General.
(五 i)

Thc acadenlic activities of the Branch during this terin were reported byProfessor Yuli lwaSawa,Director of Planning.

(市 )The publication 6f Volume 54 ofthe」

五απαJαπ θttα tt00々 o/2たγη′′グ
ο切り"was reported by Professor Akira Kotera,Editor―in― Chief。

With regard to flscal year 2012:(i)

The budget for iscal ycar 2012,as prepared by Mr.Yoshio Kumakura,
Treasurer,was sublnitted and approved by the Mceting.

(ii) The general affairs scheduled for this terlYL were presented by ProfesSor∠σπИZ∬

485

Kazuhiro Nakatahi,secretary― General.
(面 )Theacademic act市 ities scheduled fOr ttis term were presented byProfessOr Yuli lwaSawa,Director of Planning。
(iv) The prOgress ofthe editOrial wOrk fbr Volumes 55 and 56 oftheノクραη θ資α死,ο οた0/」 物たγηαποηαノ五αEditor― in― Chief.
6「"was reported by ProfessOr Akira Kotera,)The f0110wing person was admitted as a new member ofthe Branch:
Taisaku lkeshirna,Professot waseda University

2. Council Mcetings were held three tilYleζ for iscal ycar 2012 and dealt with the f01‑
lowing inatters.

a. At the nrst council Mecting of 2012, held on Apri1 20, 2012(before theGeneral Mcetin19 at SaniO Kaikan,TOkyo:(1)

The nnancial accOunt of the Branch for ttscal year 201l and its budget
for iscal year 2012 were reported.

(il) The general affairs of the Branch for flscal year 201l and the prOgramfor nscal year 2012 were approved.
(五1) The academic activities of the Branch during nscal year 201l and theprogram for iscal ycar 2012 were approved.

(1→The publication of Volume 54 oftheυαπ θttα ttο ο々o/2た″πα″ο
πα′切り五αω and the prOgress ofthe editOrial work for Vblumes 55 and 56 6fthe
Japanese Yearbook of lnternational Law were reported on。

b. At the secOnd Council Mecting of 2012, held on Apri1 20, 2012(after theGeneral Mcetinp at saniO Kaikan,TOkyo,Professor shinya Murase waselected as Chairinan of the Council.Judge Shunli Yanai was elected asPresident.Mr.Yoshio Kumakura and Professor Naoya(Dkuwaki were electedas Managing Directors。

co At the third COuncil Meeting held On N9vember 12,2012,at G}akushi Klaikanフ

TokyO:(1) The inancial cOndition Of the Branch was repOrted on.
(iD The general affairs ofthe Branch were repOrted on.
(五 i)

The acadenlic activities of the Branch were reported on。

(RうThe progress ofthe editOrial wOrk fOr vblumes 55 and 56 0ftheノ乃αttο ο々0/2た″παttOπ α′五αω was reported on.

磁ραπωθKazuhirO Nakatanl

On November 7,2012,ProfessOr Hisakazu Fulita,a gouncil Membet passed away.on

486 ∠σπttZ∬March 21,2013,Ambassador Chusei Yalnada,a Council Member,passed away.On July
25,2013,ProfeS,Or Hiroshi Matsuoka,a Council Member,passed away.On Septemberin― Chief
19,2013,PrOfessor Soli YamamotO,a Council Member and the former Editor―
passed away.The Japan Branch exprcsseSof the JapaneSe Annual of lnternatio,al Lavら

its sincere condolences.

菫献