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 Symposium ...
Symposium: Small States, Legal Argument, and International Disputes Small States and international litigation to minimise climate insecurity by Shirley V. Scott Published on 17 July 2023 The amount of climate litigation is increasing. Indeed, litigation holds the promise of adding impetus to action in a world in which efforts to mitigate climate change have been so …
Small States and international litigation to minimise climate insecurity Read More »
Symposium: Small States, Legal Argument, and International Disputes Litigating Imperialism? Lessons from the South West Africa saga by Ntina Tzouvala Published on 14 July 2023 Amongst international lawyers in my adoptive country, Australia, the South West Africa saga tends to elicit cryptic comments and long pauses. The role of the then International Court of Justice (ICJ) …
Litigating Imperialism? Lessons from the South West Africa saga Read More »
Canada and the Netherlands Institute ICJ Proceedings Alleging Violations by Syria of the Convention against Torture By Priya Urs Published on 13 July 2023 [Many thanks to Miles Jackson, Massimo Lando and Martins Paparinskis for their very helpful comments.] Other significant developments in recent weeks (see e.g. here and here) have perhaps overshadowed the joint …
Symposium: Small States, Legal Argument, and International Disputes The Australia/Timor-Leste maritime boundary dispute by Bill Campbell Published on 12 July 2023 This post seeks to go some way towards dispelling the notion that there was a complete asymmetry of power involved in the settlement of the long-running dispute between Australia and Timor-Leste over maritime delimitation in …
The Australia/Timor-Leste maritime boundary dispute Read More »
Symposium: Small States, Legal Argument, and International Disputes Great Hall, Small States by Juliette McIntyre Published on 10 July 2023 Introduction This contribution argues that small State participation in the oral phase of a case gives an important expression to sovereign equality. This is, in and of itself, an important strategic outcome in litigation against more …
Symposium: Small States, Legal Argument, and International Disputes Litigation as legal statecraft: Small states and the law of the sea by Douglas Guilfoyle Published on 7 July 2023 The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings in the advisory proceedings in respect of the Legal consequences of the …
Litigation as legal statecraft: Small states and the law of the sea Read More »
Symposium Introductory Blog Small States, Legal Argument, and International Disputes By Douglas Guilfoyle Published on 7 July 2023 The International Court of Justice (ICJ), principal judicial organ of the UN, holds public hearings in the advisory proceedings in respect of the Legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 from …
Small States, Legal Argument, and International Disputes Read More »
What’s Next if the South China Sea Code of Conduct Negotiations Fail? By Aristyo Rizka Darmawan Published on 12 June 2023 The ASEAN-China South China Sea Code of Conduct (CoC) negotiations have resumed and picked up pace after the COVID-19 pandemic restrictions eased. Despite the optimistic statements expressed by ASEAN leaders and that Indonesia as …
What’s Next if the South China Sea Code of Conduct Negotiations Fail? Read More »
Exercise of Jurisdiction or Admissibility? Delimitation of Outer Continental Shelf (Part II) By Professor Bjørn Kunoy Published on 1 June 2023 Conflicting approaches in Jurisprudence With the recent judgment of the Special Chamber in Mauritius v. Maldives there are now five decisions addressing the merits of questions regarding the delimitation of the outer continental shelf …
Exercise of Jurisdiction or Admissibility? Delimitation of Outer Continental Shelf (Part I) By Professor Bjørn Kunoy Published on 29 May 2023 This is the first part of a total of two posts that endeavour to pursue a critical analysis of the reasoning underlying courts’ and tribunals conclusions for delimiting overlaps of outer continental shelf entitlement …
Freedom of information, materials conditions, and the ICCPR’s stylistic choice By Wanshu Cong Published on 15 May 2023 There is a growing interest in the international legal scholarship to study the materiality of international law. Termed as ‘new materialism’, this recent material (re)turn has animated inquiries which pay attention to concrete and specific objects. These …
Freedom of information, materials conditions, and the ICCPR’s stylistic choice Read More »
The Causal Question in the Application of the Law on the Use of Force to Cyber Operations By Priya Urs Published on 25 April 2023 [The research for this post was carried out as part of a project at the Oxford Institute for Ethics, Law and Armed Conflict funded by the Government of Japan. For …
The BBNJ Agreement – new treaty, old challenges By Shani Friedman* Published on 24 April 2023 On March 4, 2023, the text of the international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS/ Convention) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction …
Intervention and obligations erga omnes at the International Court of Justice By Benjamin Salas Kantor Research Scholar at Columbia Law School Dr. Massimo Lando Assistant Professor at the School of Law of City University of Hong Kong and Global Fellow at CIL Published on 20 April 2023 It is not too often that one attends …
Intervention and obligations erga omnes at the International Court of Justice Read More »
The BBNJ Agreement: Links between the New and Existing Laws on Protecting Marine Biodiversity By Nguyen Thanh Trung (CIL Research Fellow) Published on 17 April 2023 4 March 2023 was a historic day for the international law of the sea. The United Nations International Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), led …
Regime Interaction between Deep Sea Mining and the Conservation of Biodiversity in Areas Beyond National Jurisdiction By Digvijay Rewatkar* Published on 13 April 2023 The question of conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) in their current form have been under discussion since the 2015 recommendations of the …
The final hours of a treaty negotiation By Joanna Mossop* Published on 11 April 2023 As I walk around the echoing corridors of the United Nations Conference Building basement, groups of people are huddled in corners, or sprawled out among the chairs in the closed ‘Vienna Cafe’, or are slumped in their chairs in Conference …
Symposium Introductory Blog Accountability for core international crimes in the ASEAN region: diversity in recent developments A collaboration between CIL Dialogues and AsianSIL Voices by Dr Cheah W.L., National University of Singapore Published on 5 April 2023 “Map of Southeast Asia” by Cacahuate; amendments by Globe-trotter and Texugo. This file is licensed under the Creative Commons Attribution-Share Alike 4.0 International, 3.0 Unported, 2.5 Generic, 2.0 Generic and 1.0 Generic license. …
Symposium: Accountability for core international crimes in the ASEAN region: diversity in recent developments The ICL Ecosystem in the Asia Pacific: The Rome Statute and Beyond A collaboration between CIL Dialogues and AsianSIL Voices by Dr Priya Pillai Published on 5 April 2023 “Map of Southeast Asia” by Cacahuate; amendments by Globe-trotter and Texugo. This file is licensed under the Creative …
The ICL Ecosystem in the Asia Pacific: The Rome Statute and Beyond Read More »
Symposium: Accountability for core international crimes in the ASEAN region: diversity in recent developments The ‘Things Said in Passing’: The Duterte Drug War, Philippine Presidential Foreign Policy Prerogatives, and the Rome Statute of the International Criminal Court in Pangilinan v Cayetano A collaboration between CIL Dialogues and AsianSIL Voices by Romel Regalado Bagares Published on 5 April …
Symposium: Accountability for core international crimes in the ASEAN region: diversity in recent developments Justice Beyond the Courtroom? Residual Functions at the Extraordinary Chambers of the Courts of Cambodia A collaboration between CIL Dialogues and AsianSIL Voices by Andre Kwok Published on 5 April 2023 The legacy of the Extraordinary Chambers of the Courts of Cambodia (ECCC) is …
Symposium: Accountability for core international crimes in the ASEAN region: diversity in recent developments The right to non-discriminatory reparations for slavery crimes: Malaya Lolas secure ground-breaking CEDAW decision and holistic recommendations A collaboration between CIL Dialogues and AsianSIL Voices by Priya Gopalan and Alexandra Lily Kather Published on 5 April 2023 On 3 March 2023, published on …
Symposium: Accountability for core international crimes in the ASEAN region: diversity in recent developments Linking the law and public advocacy: a win-win for legal scholars and activists A collaboration between CIL Dialogues and AsianSIL Voices by Chris Gunness, Director of the Myanmar Accountability Project Published on 5 April 2023 Lawyers and Journalists: greater than the sum of …
Linking the law and public advocacy: a win-win for legal scholars and activists Read More »
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Remembering the Thai-Myanmar Death Railway: In Conversation with Chandra Sekaran, Chairman of the Death Railway Interest Group Published on 3 April 2023 Chandra Sekaran is the Chairman of Death Railway Interest Group. Andre Kwok is final year Asian Studies and Laws (Honours) student …
Symposium: Use of force, territorial integrity, and world order: continuing the debate Use of force, territorial integrity and world order: a response by Professor Ingrid (Wuerth) Brunk and Professor Monica Hakimi Published on 29 March 2023 We are grateful for the challenging and interesting responses to our editorial comment on Ukraine and for the opportunity to …
Use of force, territorial integrity and world order: a response Read More »
First hearings in climate change cases before the European Court of Human Rights: tackling the victim status By Celine Lange Published on 28 March 2023 In February 2023, the European Court of Human Rights (the ECHR or the Court) issued an update on the ‘status of climate applications’ pending before it. It had shortly before …
Symposium: Use of force, territorial integrity, and world order: continuing the debate Reflections on the Ukraine Moment and Western Selectivity: A Response to Ingrid (Wuerth) Brunk and Monica Hakimi by Dr Ardi Imseis Published on 27 March 2023 In their recent Americal Journal of International Law editorial on the war in Ukraine and the future of …
Symposium: Use of force, territorial integrity, and world order: continuing the debate On force, territory, and independence: how (not) to narrow down a rule by Anastasiya Kotova & Dr Ntina Tzouvala Published on 24 March 2023 In analysing the legal and political implications of Russia’s invasion of Ukraine, Ingrid (Wuerth) Brunk and Monica Hakimi suggest that …
On force, territory, and independence: how (not) to narrow down a rule Read More »
Symposium: Use of force, territorial integrity, and world order: continuing the debate Ukraine and Beyond: the need to reaffirm basic principles and to build a new consensus on the prohibition of the use of force in international relations by Professor Sâ Benjamin Traoré Published on 22 March 2023 A divided world In their introduction to the …
Symposium: Use of force, territorial integrity, and world order: continuing the debate Unpacking the comparison between Ukraine and Iraq by Professor Alejandro Chehtman Published on 20 March 2023 In a recent Editorial Comment in the American Journal of International Law (AJIL), Ingrid (Wuerth) Brunk and Monica Hakimi claim that the Russian invasion of Ukraine challenges …
Unpacking the comparison between Ukraine and Iraq Read More »
Symposium Introductory Blog Use of force, territorial integrity, and world order: continuing the debate by Dr Ntina Tzouvala (ANU College of Law) Published on 20 March 2023 “NO WAR – piece of art in the streets Berlin” by Etienne Girardet. This file is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic license. Few international …
Use of force, territorial integrity, and world order: continuing the debate Read More »
Piercing the glass ceiling at UNCLOS tribunals By Dr Lan Nguyen Published on 17 March 2023 While there has been progress in certain international courts and tribunals, the fact remains that female judges or arbitrators still constitute only a small minority in the international bench. The United Nations Convention on the Law of the Sea …
Navigating the Seas of Soft Law in the Implementation of the Law of the Sea Convention By Dita Liliansa* Published on 15 March 2023 This essay explores the role of regional soft law instruments in implementing the United Nations Convention on the Law of the Sea (UNCLOS) to protect endangered sea turtles and their habitats …
Navigating the Seas of Soft Law in the Implementation of the Law of the Sea Convention Read More »
Beyond a feminist approach to international law and diplomacy, reflections By Celine Lange Published on 8 March 2023 On 15 February 2023, the first Singapore Roundtable on Women Leaders in International Law and Diplomacy (‘Singapore Roundtable’) was held, gathering more than 80 law practitioners, members of the diplomatic corps and associations’ representatives. This event was …
Beyond a feminist approach to international law and diplomacy, reflections Read More »
Might It Just Work? How To Interpret Customary International Law (Maybe) By Dr Massimo Lando Published on 6 March 2023 Green light, but only in principle The feasibility of interpreting customary international law has been a matter of much academic debate. Essentially, this debate concerns whether customary rules can be objects of interpretation, which is …
Might It Just Work? How To Interpret Customary International Law (Maybe) Read More »
A hollow—and slightly homophobic—victory for LGBTIQ+ rights? Fedotova and others v Russia By Professor Lucas Lixinski Published on 22 February 2023 The European Court of Human Rights’ (ECtHR) Grand Chamber consolidated its jurisprudence on the legal recognition of same-sex relationships in Fedotova and others v Russia (Fedotova). In doing so, it advances a key cause …
The Alibis of History, or How (not) to Do Things with Inter-temporality By Ntina Tzouvala* Published on 8 February 2023 Photo Credit Reconstruction of the Signing of the Treaty of Waitangi, Marcus King, Archives New Zealand Efforts to confront the imperialist, colonial and racist foundations of contemporary wealth and prosperity in the capitalist West are …
The Alibis of History, or How (not) to Do Things with Inter-temporality Read More »
Concordance Legalization as an Alternative Regional Trading Arrangement to the EU and USMCA Models: ASEAN’s Intergovernmental yet Dynamically Expansive Way By Dr Tan Hsien-Li Published on 25 January 2023 This essay conceptualizes the Association of Southeast Asian Nations’ (ASEAN) integration model, which I term ‘Concordance Legalization’, in the regional trading arrangement landscape that holds two …
The World Trade Organization Fisheries Subsidies Agreement: A Critical Assessment on the Impacts to Developing Fishing Nations and the Way Forward By Dr Trung Nguyen Published on 17 January 2023 The Fisheries Subsidies Agreement of the World Trade Organization (‘the Agreement’) was adopted at the 12th Ministerial Conference in June 2022 as part of the …
What does the Indonesia–Vietnam EEZ Agreement mean for the region? By Aristyo Rizka Darmawan* Published on 12 January 2023 Introduction On the 23rd of December, during Vietnamese President Nguyen Xuan Phuc’s visit to Jakarta to meet President Joko Widodo, Indonesia and Vietnam finally signed an Exclusive Economic Zone (EEZ) delimitation agreement after 12 years of …
What does the Indonesia–Vietnam EEZ Agreement mean for the region? Read More »
Symposium: Human Rights Day 2022 Feature: Encouraging (and Personal) Counsel for Aspiring Human Rights Scholars and Practitioners in Asia Reflections for emerging scholars and practitioners working in human rights in Asia by Priya Gopalan Published on 16 December 2022 I am a Malaysian lawyer specialising in international criminal law, human rights law, and gender. Over …
Reflections for emerging scholars and practitioners working in human rights in Asia Read More »
Symposium: Human Rights Day 2022 Feature: Encouraging (and Personal) Counsel for Aspiring Human Rights Scholars and Practitioners in Asia My work as a Member of the UN Human Rights Council Working Group on Enforced or Involuntary Disappearances by Tae-Ung Baik Published on 13 December 2022 I just concluded my seven-year term as a member of …
Symposium: Human Rights Day 2022 Feature: Encouraging (and Personal) Counsel for Aspiring Human Rights Scholars and Practitioners in Asia Some Reflections of Professor Surya P. Subedi KC Published on 9 December 2022 My mission in life has always been, and will remain, to promote fairness in international relations; to strengthen the rules-based international order; and …
Some Reflections of Professor Surya P. Subedi KC Read More »
Symposium: The Theory, Practice and Interpretation of Customary International Law (Cambridge University Press, 2022) Symposium Concluding Blog The Theory and Practice of Customary International Law: What’s Interpretation Got to Do with It? By Nina Mileva Published on 25 November 2022 In the introduction to this symposium, Kammerhofer and Merkouris end their post by reminding us that …
Symposium: The Theory, Practice and Interpretation of Customary International Law (Cambridge University Press, 2022) Methodologies for the identification of customary international law from the perspective of a government legal advisor By Kristi How Published on 23 November 2022 In this short blog post, I aim to provide my views on the methodologies for the identification of …
Symposium: The Theory, Practice and Interpretation of Customary International Law (Cambridge University Press, 2022) Between theory, practice, and ‘interpretation’ of customary international law by Michael Wood and Omri Sender Published on November 2022 Customary international law remains a principal source of international law, and it comes therefore as no surprise that it continues to capture the …
Between theory, practice, and ‘interpretation’ of customary international law Read More »
Symposium: The Theory, Practice and Interpretation of Customary International Law (Cambridge University Press, 2022) Conceptual and Practical Problems in the Change or Termination of Rules of Customary International Law by Alvin Yap Published on 18 November 2022 Once in existence, how do rules of customary international law change or terminate? This topic was intentionally not dealt …
Symposium: The Theory, Practice and Interpretation of Customary International Law (Cambridge University Press, 2022) Treaties and Determination of Customary International Law by Courts and Tribunals: Are There Limits to the Use of Methodological Shortcuts? by Xuexia Liao (Peking University Law School) Published on 16 November 2022 The significance of treaties for the identification of customary …
Symposium Introductory Blog What is the Point of The Theory, Practice, and Interpretation of Customary International Law? by Jörg Kammerhofer & Panos Merkouris Published on 15 November 2022 I. In early 2018, we started planning a conference on the theoretical aspects of customary international law (CIL) as the first instalment of the European Conference Series …
A first look at the Indo-Pacific Economic Framework: What’s in it for Indo-Pacific participants, and can it succeed? (Part 1) By Celine Lange Published on 10 November 2022 In February 2022, the President of the United States announced the launch of a new Indo-Pacific Strategy, characterised as heralding a US re-engagement with the region, which …
A first look at the Indo-Pacific Economic Framework: What’s in it for Indo-Pacific participants, and can it succeed? (Part 2) By Celine Lange Published on 10 November 2022 Part 2 of the blog series on the Indo-Pacific Economic Framework (IPEF), launched in May 2022 by President Biden, examines the possible benefits of the Framework for …
Climate Litigation and the Limits of Legal Imagination: A Reply to Corina Heri By Benoit Mayer (Associate Professor, The Chinese University of Hong Kong) Published on 4 November 2022 Corina Heri’s article in the European Journal of International Law argues that ‘protection against the human rights impacts of climate change under the ECHR (European Convention …
Climate Litigation and the Limits of Legal Imagination: A Reply to Corina Heri Read More »
We Read 22 Intervention Declarations So You Don’t Have To Reviewing Key Themes and Arguments in Ukraine v. Russia* by Juliette McIntyre, Ori Pomson & Kyra Wigard Published on 27 October 2022 Introduction If you follow the activity of the International Court of Justice (Court or ICJ) at all, you will not have failed to …
We Read 22 Intervention Declarations So You Don’t Have To Read More »
What to Expect in Upcoming Provisional Measures Proceedings in Equatorial Guinea v France (No. 2) by Cecily Rose, Assistant Professor of Public International Law, Grotius Centre, Leiden University Published on 19 October 2022 These days, it seems that applications instituting proceedings before the International Court of Justice (ICJ) are almost always accompanied by a request …
Symposium: Climate Change in an Unequal World: Does International Law Matter? Our Islands, Our Home: How Eight Torres Strait Islander Peoples Held the Australian Government Accountable for Climate Inaction by Zoe Nay (University of Melbourne) Published on 30 September 2022 Introduction As the adverse impacts of climate change are becoming more frequent and intense, affected countries …
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Memory-Making on the Ground: Peace Boat and Japanese World War II Narratives by Lim Jia Yi (Research Fellow, Singapore War Crimes Trials Project) Published on 7 October 2022 No one country is ever simply either a victim or an aggressor… What is immoral …
Memory-Making on the Ground: Peace Boat and Japanese World War II Narratives Read More »
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Digital Humanities and World War Two in Asia: the Battle of Hong Kong 1941 Project as Example by Associate Professor Kwong Chi Man (Hong Kong Baptist University) Published on 5 October 2022 On 8 December 1941, as part of the larger conflict between …
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Words Matter, Translation Matters by Professor Kayoko Takeda (Rikkyo University) Published on 3 October 2022 Translation creates opportunities for a state to promote its narrative of war memories while meeting potentially conflicting political expectations of different parties, domestic and international. This was the …
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Northeast Asia’s War Reparations Movement: Towards the Messy Uncertainty of Democracy, Civil Society and Rule of Law by Professor Timothy Webster (Western New England University School of Law) Published on 30 September 2022 For the past thirty years, domestic courts in the Asia-Pacific …
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations Problems of Justice in the Post-War Allied War Crimes Trials of Japanese Suspects by Professor Robert Cribb (Australian National University) and Professor Sandra Wilson (Murdoch University) Published on 28 September 2022 After the Second World War in Asia finally ended in August 1945, …
Problems of Justice in the Post-War Allied War Crimes Trials of Japanese Suspects Read More »
Symposium: The Second World War in Asia: Justice Efforts, War Memory, and Reparations The Tokyo Trial and its Legacy by Professor Neil Boister, University of Canterbury, New Zealand Published on 26 September 2022 Introduction The Tokyo Judgment was handed down by majority on the 12th November 1948, nearly three quarters of a century ago. After …
Symposium Introductory Blog The Second World War in Asia: Justice Efforts, War Memory, and Reparations by Associate Professor Cheah W.L. (National University of Singapore, Faculty of Law) Published on 26 September 2022 This symposium on the Second World War in Asia is co-organized by CIL Dialogues and the International Criminal Law Interest Group of the …
The Second World War in Asia: Justice Efforts, War Memory, and Reparations Read More »
Symposium: Climate Change in an Unequal World: Does International Law Matter? Addressing Loss and Damage: The Unanswered Call for Climate Reparations by Julia Dehm Published on 21 September 2022 The Alliance of Small Island States (AOSIS) has been raising the issue of compensation for climate impacts since at least 1991 while the United Nations Framework …
Addressing Loss and Damage: The Unheard Call for Climate Reparations Read More »
Symposium: Climate Change in an Unequal World: Does International Law Matter? The Configurations of Latin American Climate Law by Juan Auz[1] Published on 19 September 2022 Law and Climate Vulnerability in Latin America: An Introduction Alongside the contingencies of human spatial settlement, the law co-creates and perpetuates vulnerability. As a social technology, law dictates the …
The Configurations of Latin American Climate Law Read More »
Symposium: Climate Change in an Unequal World: Does International Law Matter? Climate Change Litigation: A View from ASEAN by Jolene Lin Published on 16 September 2022 Frustrated by governmental inaction and threatened by the impacts of climate change on their homes and livelihoods, citizens and environmental groups around the world have taken the quest for …
Symposium: Climate Change in an Unequal World: Does International Law Matter? Climate Change in an Unequal World: Do International Courts and Tribunals Matter? by Margaretha Wewerinke-Singh* Published on 15 September 2022 Climate change is widely seen as the defining challenge of our time. It is already having devastating impacts on people, biodiversity and ecosystems around …
Climate Change in an Unequal World: Do International Courts and Tribunals Matter? Read More »
Symposium: Climate Change in an Unequal World: Does International Law Matter? Climate Justice Demands a World Beyond International Law Dylan Asafo* Published on 12 September 2022 To Indigenous peoples across Te Moana Nui a Kiwa (more commonly and colonially known as the Pacific Ocean), the answer to the big question ‘does international law matter?’ lies …
Climate Justice Demands a World Beyond International Law Read More »
Symposium Introductory Blog Climate Change in an Unequal World: Does International Law Matter? by Dr Nilüfer Oral (NUS Centre for International Law) and Dr Ntina Tzouvala (ANU College of Law) Published on 12 September 2022 The adverse impacts of anthropogenic climate change, while global, have disproportionate consequences for many states and peoples that have contributed …
Climate Change in an Unequal World: Does International Law Matter? Read More »
Climate Change and Fashion Supply Chains: Translating Aspirations into Meaningful Corporate Climate Action? by Danielle Yeow and Brian Chang This is the second blog post of a two-part series, which discusses efforts to galvanise industry to take action to reduce carbon emissions in their supply chain. Our first[1] blog post focused on ESG and carbon …
Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 4: Panel Appointment Strategies by Yvette Foo The final post for this RCEP series continues to look beyond the roles of the Complainant and Respondent, by assessing how panel members are appointed. It briefly goes through the different ways that a panel can be composed under Article …
Carbon Reporting and Science-based Targets: Precursors to Effective Corporate Climate Action? by Danielle Yeow and Brian Chang The Intergovernmental Panel on Climate Change (IPCC) has reported that, to meet the Paris Agreement’s ambition of limiting global warming to 1.5°C, the world, including businesses, has to collectively act to reduce absolute carbon emissions by 45% by …
Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 3: Third Parties under Chapter 19 by Yvette Foo Thus far, this blog series focused on provisions pertaining to the Complainant and Respondent parties disputing under RCEP. Part 1 analysed specific procedural issues, while Part 2 focused on the rights/benefits that Least Developed Country Parties have under …
Trade and Sustainable Development Chapters in EU FTAs: Adapting Enforcement Methods to the Purpose(s)? by Stefanie Schacherer and Tensin Studer* The EU has been negotiating free trade agreements (FTAs) with a number of countries in the Indo-Pacific region. FTAs with Singapore, South Korea, and Viet Nam are already in force, and trade negotiations with Australia and …
Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 2: Is Article 19.18’s Special and Differential Treatment Necessary? by Yvette Foo Following Part 1 which examined key procedural provisions of Chapter 19, Part 2 now discusses Article 19.18 of RCEP, which purports to provide special and differential treatment (SDT) to Least Developed Country Parties (LCDP(s)) at …
Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 1: An Overview of Chapter 19 by Yvette Foo The Regional Comprehensive Economic Partnership Agreement (RCEP) is a mega-free trade agreement (FTA) between fifteen countries that has recently entered into force. What makes the agreement remarkable is its sheer size and coverage, and concomitant impact as a …
THE 2022 AMENDMENTS TO THE ICSID ARBITRATION RULES: INCREMENTAL IMPROVEMENTS AGAINST THE BACKDROP OF ISDS REFORM Charalampos Giannakopoulos* On 21 March 2022, the member states of the International Centre for Settlement of Investment Disputes (ICSID) approved by overwhelming majority a comprehensive set of amendments to the Centre’s rules. The ICSID rules amendment process had been long …
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 »
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 …
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 …
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 …
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 …
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 »
New Paris Agreement Rules Will Enable the Growth of International Carbon Markets by Brian Chang Although the conclusion of the recent COP26 climate change summit in Glasgow was marred by the last-minute watering-down of text relating to the use of coal, this should not overshadow the significant accomplishments that were achieved, including the long-awaited agreement …
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 …
Reflecting on ASEAN Members’ Disputes at the World Trade Organisation Part 4: The Impact of the WTO on ASEAN’s Dispute Settlement Mechanisms by Yvette Foo Introduction Over the past three instalments of this series, it was argued that the ASEAN Member States have become more committed to relying on dispute settlement to resolve trade-related conflicts. …
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 …
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 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 …
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 »
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 …