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...

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Ocean Law and Policy

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 …

The BBNJ Agreement – new treaty, old challenges Read More »

General

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 »

Ocean Law and Policy

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 …

The BBNJ Agreement: Links between the New and Existing Laws on Protecting Marine Biodiversity Read More »

General

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 …

Regime Interaction between Deep Sea Mining and the Conservation of Biodiversity in Areas Beyond National Jurisdiction Read More »

Ocean Law and Policy

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 …

The final hours of a treaty negotiation Read More »

General

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. …

Accountability for core international crimes in the ASEAN region: diversity in recent developments Read More »

General

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 »

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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 …

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 Read More »

General

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 …

Justice Beyond the Courtroom? Residual Functions at the Extraordinary Chambers of the Courts of Cambodia Read More »

General

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 …

The right to non-discriminatory reparations for slavery crimes: Malaya Lolas secure ground-breaking CEDAW decision and holistic recommendations Read More »

General

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 »

General

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 …

Remembering the Thai-Myanmar Death Railway: In Conversation with Chandra Sekaran, Chairman of the Death Railway Interest Group Read More »

General

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 »

General

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 …

First hearings in climate change cases before the European Court of Human Rights: tackling the victim status Read More »

General

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 …

Reflections on the Ukraine Moment and Western Selectivity: A Response to Ingrid (Wuerth) Brunk and Monica Hakimi Read More »

General

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 »

General

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 …

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 Read More »

General

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 »

General

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 »

Ocean Law and Policy

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 …

Piercing the glass ceiling at UNCLOS tribunals Read More »

Ocean Law and Policy

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 »

General

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 »

General

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 »

General

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 …

A hollow—and slightly homophobic—victory for LGBTIQ+ rights? Fedotova and others v Russia Read More »

General

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 »

General

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 …

Concordance Legalization as an Alternative Regional Trading Arrangement to the EU and USMCA Models: ASEAN’s Intergovernmental yet Dynamically Expansive Way Read More »

General

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 …

The World Trade Organization Fisheries Subsidies Agreement: A Critical Assessment on the Impacts to Developing Fishing Nations and the Way Forward Read More »

General

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 »

General

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 »

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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 …

My work as a Member of the UN Human Rights Council Working Group on Enforced or Involuntary Disappearances Read More »

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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 »

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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 …

The Theory and Practice of Customary International Law: What’s Interpretation Got to Do with It? Read More »

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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 …

Methodologies for the identification of customary international law from the perspective of a government legal advisor Read More »

General

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 »

General

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 …

Conceptual and Practical Problems in the Change or Termination of Rules of Customary International Law Read More »

General

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 …

Treaties and Determination of Customary International Law by Courts and Tribunals: Are There Limits to the Use of Methodological Shortcuts? Read More »