CIL Dialogues

An International Law Blog

CIL Dialogues is the re-imagination of the existing blog of the Centre for International Law (CIL) of the National University of Singapore (NUS). The editorial team’s approach to CIL Dialogues reflects two shared commitments. First, we share a generalist perspective of international law, viewed as raising shared foundational questions across specialised fields, institutions, regions, and inquiries. Secondly, we are appreciative that CIL Dialogues is not based in (the virtual space of), or associated with institutions in the ‘Western European and Others States Group’. The blog will therefore be interested in international law broadly conceived and seek to be attentive to regional perspectives to questions of universal and general relevance, particularly relating to Asia Pacific, as well as the views and voices that may have been traditionally excluded. More...

Featured Blogs

The 2023 IMO Assembly Resolution enables States to challenge the ‘Dark Fleet’ that threatens the marine environment

by Robert Beckman, Trung Nguyen and Joel Ong Jie Hao

At its thirty-third biennial meeting on 6 December 2023, the Assembly of the International Maritime Organization (‘IMO’) adopted Resolution A.1192(33) urging Member States and all relevant stakeholders to promote actions to prevent illegal operations in the maritime sector by the ‘dark fleet’ or ‘shadow fleet’ (‘the 2023 Resolution’). Read on ...

Artificial Intelligence And Article 33.4 VCLT

by Tarcisio Gazzini

Artificial intelligence (AI) is set to radically change legal education and the legal profession. Suffice it to mention the administration of justice through machines. This comment focuses on a much more specific issue, namely the interpretation of multilingual treaties. Article 33.4 of the Vienna Convention on the Law of Treaties, in particular, directs the interpreter in overcoming differences between equally authoritative texts. Read on ...

Does breaching UNCLOS invoke the right of self-defence?

by Shani Friedman

Since October 2023, as part of the Israeli-Hamas war following the October 7 massacre in Israel, the Houthis – an Iranian-backed Yemeni terrorist group – attacked commercial ships in the Gulf of Aden and the Red Sea in support of Hamas. The attacks range from non-violent boarding and rerouting of ships to using missiles and drones. Read on

China’s engagement with the ITLOS climate change advisory proceedings and its strategic formalism in international law

by Ryan Martínez Mitchell

Several months ago, Beijing decided to take a stand against the expansion of advisory opinion jurisdiction to the full International Tribunal for the Law of the Sea (ITLOS), as well as the potential use of such jurisdiction to define climate change obligations under the law of the sea. Read on ...

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RUSSIA’S POST-CONFLICT OBLIGATION TO COMPENSATE by Romesh Weeramantry The harrowing footage of civilian displacement and property destruction resulting from Russia’s invasion of Ukraine brings to mind the importance of a recent but overshadowed milestone – on 13 January 2022 Iraq finally satisfied its compensation obligations that resulted from its invasion of Kuwait. The Kuwait invasion compensation program …

Russia’s Post-Conflict Obligation To Compensate by Romesh Weeramantry Read More »

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To Close or Not to Close the Turkish Straits under Article 19 of the 1936 Montreux Convention Regarding the Regime of the Straits by Nilüfer Oral Centre for International Law – NUS President Zelensky’s request to Turkey to invoke Article 19 On 24 February 2022, Ukrainian President Zelensky requested the Turkish Government to close the Turkish Straits for …

To Close or Not to Close the Turkish Straits under Article 19 of the 1936 Montreux Convention Regarding the Regime of the Straits by Nilufer Oral Read More »

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SUPREMELY PRAGMATIC: THE UK SUPREME COURT’S JUDGMENT IN “MADURO BOARD” OF THE CENTRAL BANK OF VENEZUELA V “GUAIDÓ BOARD” OF THE CENTRAL BANK OF VENEZUELA MASSIMO LANDO Assistant Professor, School of Law, City University of Hong Kong Global Fellow, Centre for International Law, National University of Singapore THE LEGAL ISSUES: RECOGNITION AND ACT OF STATE …

Supremely Pragmatic: The UK Supreme Court’s Judgment in “Maduro Board” of the Central Bank of Venezuela v “Guaidó Board” of the Central Bank of Venezuela by Massimo Lando Read More »

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The gift that keeps on giving: The ICJ’s Orders on Provisional Measures in the Cases between Armenia and Azerbaijan MASSIMO LANDO Assistant Professor, School of Law, City University of Hong Kong Global Fellow, Centre for International Law, National University of Singapore Two “tit-for-tat” requests for provisional measures On 7 December 2021, the International Court of Justice …

The gift that keeps on giving: The ICJ’s Orders on Provisional Measures in the Cases between Armenia and Azerbaijan by Massimo Lando Read More »

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Approaches to Advisory Procedure in the Right to Vote Advisory Opinion of the African Court on Human and Peoples’ Rights MASSIMO LANDO Assistant Professor, School of Law, City University of Hong Kong Global Fellow, Centre for International Law, National University of Singapore A Little Noticed Pandemic-related Case We may have become accustomed to living in …

Approaches to Advisory Procedure in the Right to Vote Advisory Opinion of the African Court on Human and Peoples’ Rights by Massimo Lando Read More »

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Remote Arbitration Hearings in the Asia-Pacific Region by Arthur Tan In the context of COVID-19, various judicial proceedings have necessarily been conducted remotely. Arbitral proceedings are no exception. With the current difficulties surrounding international travel, knowing if virtual hearings are an option and in what circumstances they might be ordered is of some importance to …

Remote Arbitration Hearings in the Asia-Pacific Region by Arthur Tan Read More »

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A Trip Down Memory Lane: The Judgment of the International Court of Justice in Maritime Delimitation in the Indian Ocean (Somalia v Kenya) MASSIMO LANDO Assistant Professor, School of Law, City University of Hong Kong Global Fellow, Centre for International Law, National University of Singapore “Been There, Done That” One may get used to lack of consistency …

A Trip Down Memory Lane: The Judgment of the International Court of Justice in Maritime Delimitation in the Indian Ocean (Somalia v Kenya) by Massimo Lando Read More »

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A Regional Network of Sandboxes for Post-COVID 19 Recovery of Marine Tourism in Southeast Asia by Vu Hai Dang[1] Introduction Before COVID-19, Southeast Asia was a well-known destination for world travellers. According to the United Nations World Tourism Organisation (UNWTO), in 2018, six Southeast Asian countries were among the world top 50 in attracting the …

A Regional Network of Sandboxes for Post-COVID 19 Recovery of Marine Tourism in Southeast Asia by Vu Hai Dang Read More »

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 3: DS496, 2015 by Yvette Foo Introduction DS496, 2015: Indonesia — Safeguard on Certain Iron or Steel Products (DS496) is the third, and as of the date of this blog post, last WTO case between two ASEAN Member States. This was a trade dispute …

Reflecting on ASEAN Members’ Disputes at the World Trade Organisation – Part 3: DS496, 2015 by Yvette Foo Read More »

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 2: DS371, 2008 by Yvette Foo DS371, 2008: Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines (DS371) is the second dispute between two member states of the Association of Southeast Asian Nations (ASEAN) that was brought before the Dispute Settlement Body …

Reflecting on ASEAN Members’ Disputes at the World Trade Organisation – Part 2: DS371, 2008 by Yvette Foo Read More »

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Rethinking law in ASEAN’s rules-based order by Dr Tan Hsien-Li  By the end of 2021, the ASEAN Charter would have been in force for 13 years pursuant to Indonesia’s ratification in 2008. Yet what is supposed to be ASEAN’s ‘constitutional’ breakthrough has been to many, in the years since, underwhelming when compared to the initial …

Rethinking law in ASEAN’s rules-based order by Dr Tan Hsien-Li Read More »

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Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 1: DS1, 1995 by Yvette Foo The Association of Southeast Asian Nations (ASEAN) was established amid regional conflict and strained relations. ASEAN’s first five member states (Indonesia, Malaysia, the Philippines, Singapore and Thailand) in 1967 agreed to join together to increase regional solidarity in …

Reflecting on ASEAN Members’ Disputes at the World Trade Organisation – Part 1: DS1, 1995 by Yvette Foo Read More »

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Ten conclusions of the CIL roundtable on “ASEAN and Myanmar: Balancing the ASEAN Charter and Non-Interference in the Internal Affairs of Other States” held on 25 March 2021 By Tommy Koh ?? This afternoon I moderated an important discussion on the crisis in Myanmar. The webinar was organised by the Centre for International Law of …

Ten conclusions of the CIL roundtable on “ASEAN and Myanmar: Balancing the ASEAN Charter and Non-Interference in the Internal Affairs of Other States by Tommy Koh Read More »

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Immunities and Criminal Proceedings (Equatorial Guinea v. France) Judgment of 11 December 2020 by Tutku Bektas* Introduction On 11 December 2020, the International Court of Justice handed down its judgment on the case between Equatorial Guinea and France concerning the immunity of the Second Vice-President of Equatorial Guinea, Mr. Teodoro Nguema Obiang Mangue and the …

Immunities and Criminal Proceedings (Equatorial Guinea v. France), Judgment of 11 December 2020 by Tutku Bektas Read More »

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The 2020 US Presidential Election: A Quest For Understanding by Professor Tommy Koh Introduction The United States of America is a very complicated country.  Although I have spent over 20 years of my life in that country, I am frequently surprised and puzzled by events in that country.  This essay is an attempt to understand the …

The 2020 US Presidential Election: A Quest For Understanding by Professor Tommy Koh Read More »

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Government Responsibility to Remediate Mercury-Contaminated Sites, a Philippine Perspective by Amiel Ian Valdez On 8 July 2020, the Philippines became the 123rd party to the Minamata Convention on Mercury (‘the Convention’), following its Government’s deposit of the instrument of ratification. For a country with a history of abandoned mine sites and sizable Artisanal and Small-scale …

Government Responsibility to Remediate Mercury-Contaminated Sites, a Philippine Perspective by Amiel Ian Valdez Read More »

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The ‘Enrica Lexie’ Incident Award and Exclusive Flag State Jurisdiction by Arron N Honniball Sugeesh at Malayalam Wikipedia / CC BY, https://upload.wikimedia.org/wikipedia/commons/c/cc/Enrica_Lexie.jpg Introduction On 21 May 2020 the Arbitral Tribunal (UNCLOS, Annex VII) in respect of the ‘Enrica Lexie’ Incident (Italy v. India), PCA Case No. 2015-28, furnished its Award. Once Italy and India agree …

The ‘Enrica Lexie’ Incident Award and Exclusive Flag State Jurisdiction by Arron N Honniball Read More »

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COVID-19 and Shipping: New Global Regulations and a New Normal by Robert Beckman COVID-19 has caused many serious problems for the global supply chain and the world’s economy. Fortunately, although maritime trade has slowed, it has continued. The Singapore port and many other major ports have remained in operation, and have allowed visits by commercial …

COVID-19 and Shipping: New Global Regulations and a New Normal by Robert Beckman Read More »

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Reproduced from the Business Times For Business Times – Dr Tan Hsien-Li, Co-Director (Teaching) for CIL’s ASEAN Law and Policy Programme, reflects on ASEAN’s collective response to public health crises. As the COVID-19 crisis was intensifying in the region in February and March, commentators from the media and academia noted that ASEAN was slow to …

For Business Times – Dr Tan Hsien-Li, Co-Director (Teaching) for CIL’s ASEAN Law and Policy Programme, reflects on ASEAN’s collective response to public health crises. Read More »

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Digital Trade in the Time of COVID-19 by Neha Mishra The COVID-19 outbreak has caused a systemic shock to global trade. The World Trade Organization (WTO ) has predicted that global trade will fall between 13% and 32% in 2020. In a period of few months, the COVID-19 pandemic has already significantly disrupted global supply …

Neha Mishra writes about Digital Trade in the Time of COVID-19 Read More »

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The World Health Organization and COVID-19: How Much Legal Authority Does the WHO Really Have to Manage the Pandemic? by Ayelet Berman 1.      Introduction The COVID-19 pandemic has placed the World Health Organization (WHO) in the defendant’s seat. It has been accused—mostly by the US but also by other countries—of having been unduly influenced by …

The World Health Organization and COVID-19: How Much Legal Authority Does the WHO Really Have to Manage the Pandemic? by Dr Ayelet Berman Read More »

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