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