| 1. |
- Hayashi, Miyuki, et al.
(author)
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Evaluation of thermodynamic activity of a metallic oxide in a ternary slag from the sulphide capacity of the slag
- 2004
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In: ISIJ International. - : Iron and Steel Institute of Japan. - 0915-1559 .- 1347-5460. ; 44:11, s. 1783-1786
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Journal article (peer-reviewed)abstract
- The correlation between the activity of a metallic oxide in a ternary slag system and the sulphide capacity of the slag was investigated. The solubility of sulphur in the binary systems CaO-SiO2 and Al2O3-CaO along with its sulphide capacity of the Al2O3-CaO-SiO2 system respectively have been used to estimate the activities of CaO at the compositions of some Al2O3-CaO-SiO2 intermediate compounds. Estimation has been carried out assuming that the Gibbs free energy of fusion for the ternary composition is additive of those for pure substances. The estimated values of the activities are in good agreement with the measured values. This correlation is not only used to evaluate the activity but also, by comparing the estimated activities with the measured ones, it is possible to elucidate the applicability of Henry's law to the activity of a metallic sulphide and to determine the order in the affinity of a cation to sulphur between two metallic oxides in a slag.
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| 2. |
- Hayashi, Nobuo, et al.
(author)
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Conclusion: The Hostage Case, Present Day Knowledge, and Future Implications
- 2023
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In: Honest Errors? Combat Decision-Making 75 Years After the <em>Hostage </em>Case. - The Hague : T.M.C. Asser Press. - 9789462656109 - 9789462656116 ; , s. 289-300
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Book chapter (peer-reviewed)abstract
- Seventy-five years after a US tribunal in Nuremberg acquitted Lothar Rendulic of devastating and forcibly evacuating Northern Norway, the Rendulic Rule stands firmly in international law. This concluding chapter summarises the anthology’s main historical, legal, and military-ethical findings. It provides an overview of the historical developments that culminated in the scorched earth tactics applied by the retreating German 20th Mountain Army under Rendulic’s command. It then discusses the preparations and legal peculiarities of the trial, as well as reactions to the judgment. The chapter shows that the case against Rendulic is arguably the wrong foundation for the no second-guessing rule, since he did not consider the complete devastation of Northern Norway and the forcible evacuation of its entire civilian population militarily necessary. Although the Rendulic Rule rests on meagre legal forensics, it has acquired legal significance in primary rules of conduct in the shape of the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Numerous domestic, regional, and international courts and tribunals have applied the rule that nowadays has a strong legal standing. Yet, despite rapidly evolving military and information technology, reasonableness, empathy, and (institutional) bias in combat remain challenging issues
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| 3. |
- Hayashi, Nobuo
(author)
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Do the Good Intentions of European Human Rights Law Really Pave the Road to IHL Hell for Civilian Detainees in Occupied Territory?
- 2015
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In: Journal of Conflict and Security Law. - Oxford : Oxford University Press (OUP). - 1467-7954 .- 1467-7962. ; 20:1, s. 133-163
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Journal article (peer-reviewed)abstract
- This article cautions against the notion that the good intentions of European human rights law necessarily undermine international humanitarian law. In Al-Jedda, despite some suggestions to the contrary, the European Court did not misconstrue the law of belligerent occupation. The court erred, however, in assuming that the duty of non-detention under Article 5(1) of the European Convention can only be ‘displaced’ by a counter-duty of security detention. Whereas the law of belligerent occupation does not impose such a counter-duty, it does empower the occupation authorities to detain on security grounds, and exercising this power would frustrate observing Article 5(1) and vice versa. The norm conflict was soluble, but the would-be need to modify the scope and/or content of Article 5(1) or the law of belligerent occupation, rendered the European Court ill suited for the task. Nevertheless, the court’s ruling against the UK need not mean that European occupying powers suddenly have no choice but to kill rather than detain without charge (and risk lawsuits later) when countering security threats. On the contrary, the law of belligerent occupation helps the occupiers devise Al-Jedda-compliant detention regimes. The judgment’s repercussions are direr for the internment of prisoners of war.
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| 4. |
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| 5. |
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| 6. |
- Hayashi, Nobuo, et al.
(author)
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Honest Errors in Combat Decision-Making : State of Our Knowledge 75 Years after the Hostage Case
- 2023
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In: Honest Errors? Combat Decision-Making 75 Years After the <em>Hostage </em>Case. - The Hague : T.M.C. Asser Press. - 9789462656109 - 9789462656116 ; , s. 3-21
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Book chapter (peer-reviewed)abstract
- Seventy-five years have passed since Hostage, a post-World War II case in which Lothar Rendulic was acquitted of Northern Norway’s devastation and forcible evacuation on account of his faulty yet honest judgment. This introductory chapter surveys the current state of our knowledge about honest errors in modern combat decision-making by synthesising the findings of the anthology’s contributing authors. First, contemporaneous sources suggest that Rendulic did not consider it militarily necessary to devastate the region in its entirety or to evacuate all of its residents by force. Second, even though Rendulic’s acquittal was factually contentious, it was arguably on firmer legal ground. His case has led to the emergence of an eponymous rule against second-guessing difficult combat decisions, the reasonable commander test in international humanitarian law and the mistake of fact defence in international criminal law. Third, assessing the reasonableness of battlefield errors remains challenging because of the limitations of modern information technology, the diminishing room for empathy in the soldierly profession, and the salience of institutional bias.
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| 7. |
- Hayashi, Nobuo
(author)
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Is the Nuclear Weapons Ban Treaty Accessible to Umbrella States?
- 2019
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In: Nuclear Non-Proliferation in International Law - Volume IV. - The Hague : T.M.C. Asser Press. - 9789462652668 - 9789462652675 ; , s. 377-394
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Book chapter (peer-reviewed)abstract
- This chapter asserts that States placing themselves under the umbrella of nuclear-weapon States may not join the 2017 Treaty on the Prohibition of Nuclear Weapons without being in breach with one of its core provisions. The author considers four questions: How did the Treaty come to include a prohibition on threatened use? What does the prohibition mean for threatened self-defensive use of nuclear weapons under jus ad bellum? Does the prohibition cover nuclear deterrence? Does threatening to use nuclear weapons include threatening to have these weapons used on one’s behalf by its nuclear-armed ally? Whilst promoting universal adherence clearly coheres with the Treaty’s object and purpose, it is doubtful whether such considerations warrant a narrow construal in the hope that umbrella States would accede to the treaty without having to abandon their dependence onextended nuclear deterrence.
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| 8. |
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| 9. |
- Hayashi, Nobuo
(author)
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Military Necessity : The Art, Morality and Law of War
- 2020
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Book (peer-reviewed)abstract
- What does it mean to say that international humanitarian law (IHL) strikes a realistic and meaningful balance between military necessity and humanity, and that the law therefore 'accounts for' military necessity? To what consequences does the law 'accounting for' military necessity give rise? Through real-life examples and careful analysis, this book challenges received wisdom on the subject by devising a new theory that not only reaffirms Kriegsräson's fallacy but also explains why IHL has no reason to restrict or prohibit militarily unnecessary conduct on that ground alone. Additionally, the theory hypothesises greater normative significance for humanitarian and chivalrous imperatives when they conflict with IHL rules. By combining international law, jurisprudence, military history, strategic studies, and moral philosophy, this book reveals how rational fighting relates to ethical fighting, how IHL incorporates contrasting values that shape its rules, and how law and theory adapt themselves to war's evolutions.
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| 10. |
- Hayashi, Nobuo
(author)
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The Role and Importance of the Hague Conferences : A Historical Perspective
- 2017
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Reports (peer-reviewed)abstract
- A period of sustained efforts to codify and develop the rules of war, which began in the mid-nineteenth century, peaked with the 1899 and 1907 Hague Peace Conferences. Participating delegates adopted numerous binding instruments covering various aspects of peaceful dispute settlement and war-fighting. This paper places the two Hague Peace Conferences within the context of humanity’s attempts to regulate warfare. It identifies the main factors that made them successful at the time; shows how these factors have changed over time; and assesses the conferences’ contemporary relevance in view of such changes.
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