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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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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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 …

What is the Point of The Theory, Practice, and Interpretation of Customary International Law? Read More »

General

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 1) Read More »

General

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 …

A first look at the Indo-Pacific Economic Framework: What’s in it for Indo-Pacific participants, and can it succeed? (Part 2) Read More »

General

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 »

General

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 »

General

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 …

What to Expect in Upcoming Provisional Measures Proceedings in Equatorial Guinea v France (No. 2) Read More »

Climate Change Law

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 …

Our Islands, Our Home: How Eight Torres Strait Islander Peoples Held the Australian Government Accountable for Climate Inaction Read More »

General

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 »

General

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 …

Digital Humanities and World War Two in Asia: the Battle of Hong Kong 1941 Project as Example Read More »

General

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 …

Words Matter, Translation Matters Read More »

General

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 …

Northeast Asia’s War Reparations Movement: Towards the Messy Uncertainty of Democracy, Civil Society and Rule of Law Read More »

General

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 »

General

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 …

The Tokyo Trial and its Legacy Read More »

General

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 »

Climate Change Law

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 »

Climate Change Law

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 »

Climate Change Law

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 …

Climate Change Litigation: A View from ASEAN Read More »

Climate Change Law

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 »

Climate Change Law

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 »

Climate Change Law

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 Law

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 …

Climate Change and Fashion Supply Chains: Translating Aspirations into Meaningful Corporate Climate Action? by Danielle Yeow and Brian Chang Read More »

ASEAN Law and Policy

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 …

Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 4: Panel Appointment Strategies by Yvette Foo Read More »

Climate Change Law

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 …

Carbon Reporting and Science-based Targets: Precursors to Effective Corporate Climate Action? by Danielle Yeow and Brian Chang Read More »

ASEAN Law and Policy

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 …

Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 3: Third Parties under Chapter 19 by Yvette Foo Read More »

Investment Law and Policy

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 …

Trade and Sustainable Development Chapters in EU FTAs: Adapting Enforcement Methods to the Purpose(s)? by Stefanie Schacherer and Tensin Studer Read More »

ASEAN Law and Policy

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 2: Is Article 19.18’s Special and Differential Treatment Necessary? by Yvette Foo Read More »

ASEAN Law and Policy

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 …

Dispute Settlement under the Regional Comprehensive Economic Partnership: Part 1: An Overview of Chapter 19 by Yvette Foo Read More »

Investment Law and Policy

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 …

The 2022 Amendments to the ICSID Arbitration Rules: Incremental Improvements Against the Backdrop of ISDS Reform by Charalampos Giannakopoulos Read More »

International Dispute Resolution

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 »

Ocean Law and Policy

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 »

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 »

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 »

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 »

International Dispute Resolution

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 »

International Dispute Resolution

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 …

New Paris Agreement Rules Will Enable the Growth of International Carbon Markets by Brian Chang Read More »

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 »

ASEAN Law and Policy

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. …

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 Read More »

Ocean Law and Policy

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 »

ASEAN Law and Policy

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 »

ASEAN Law and Policy

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 »

ASEAN Law and Policy

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 »

ASEAN Law and Policy

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 »

ASEAN Law and Policy

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 »

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 »

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 »

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 »

Ocean Law and Policy

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 …

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Ocean Law and Policy

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 …

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ASEAN Law and Policy

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 »

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 …

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Global Health Law and Governance

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 …

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Ocean Law and Policy

A reflection on shipping and pandemics: From 14th century quarantines to the 2005 International Health Regulations by Nilüfer Oral The globalization of trade is not a new phenomenon, with historic examples as the silk route between the 2nd and 14th centuries. It should not be surprising that global trade and increased human mobility also brought …

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