CIL Dialogues

An International Law Blog

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

Featured Blogs

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

by Robert Beckman, Trung Nguyen and Joel Ong Jie Hao

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

Artificial Intelligence And Article 33.4 VCLT

by Tarcisio Gazzini

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

Does breaching UNCLOS invoke the right of self-defence?

by Shani Friedman

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

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

by Ryan Martínez Mitchell

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

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General

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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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 »

General

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

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