Working Papers

The Normative Porosity of the UN Convention on the Law of the Sea: From “Human Rights at Sea” to “Ocean-Climate Nexus”

Research Associate Eduardo Cavalcanti de Mello Filho has published as a preprint of the article titled ‘The Normative Porosity of the UN Convention on the Law of the Sea: From “Human Rights at Sea” to “Ocean-Climate Nexus”.’ The finalized article will be published in the Minnesota Journal of International Law in February 2025. In it, …

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Environmental Provisions in ASEAN Investment Agreements: Reserving Member States’ Right to Regulate Environmental Issues

Kim Anh Dao Korea University School of Law, Foreign Trade University, Hanoi, Vietnam This work-in-progress was presented and workshopped at the ASEAN Law Academy Conference 2023. The full article was later published in the Journal of East Asia and International Law (published online: November 30, 2023), and can be accessed here: http://journal.yiil.org/home/archives_v16n2_06.   This article …

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CIL-ISA Discussion Paper on The Rights and Obligations of the International Seabed Authority and the Sponsoring State with respect to Activities in the Area

The CIL Oceans Law and Policy Team, in conjunction with the International Seabed Authority (ISA) Secretariat have worked together to produce “The Rights and Obligations of the International Seabed Authority and the Sponsoring State with respect to Activities in the Area” ISA Discussion Paper 02/2023 available at https://www.isa.org.jm/publications/rights_and_obligations/ which was submitted  at the ISA Council …

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ASEAN-EU Engagement in the Indo-Pacific: A Marriage of Convenience to Uphold Multilateralism

Mahima Duggal Centre for Air Power Studies, New Delhi Stockholm Centre for South Asian and Indo-Pacific Affairs, Institute for Security and Development Policy Ms Mahima Duggal argues that EU-ASEAN cooperation in the Indo-Pacific is crucial for strengthening effective multilateralism. Such collaboration must build on their complementarities in trade, supply chains and building a circular economy. …

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Anti-Corruption in ASEAN: Promoting the Independence of Anti-Corruption Agencies

Tran Thi Quyen Hanoi Law University This study surveyed anti-corruption agencies (ACA) in ASEAN member states (AMS), commenting on their effectiveness and how some lack independence. It concludes by explaining why Singapore’s ACA should be a model for other AMS. The ASEAN Ideas in Progress series is a collection of in-progress papers, in the early …

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Further Notes Towards Understanding Direct Effect of International Law within the Philippine Constitutional Framework: From United Nations Security Council Chapter VII Resolutions to ASEAN Law

Romel Regalado Bagares Philippine Judicial Academy Mr Romel Regalado Bagares presents a reworked theory of the direct effect of international law in the Philippine constitutional order by discussing 12 modes of direct effect/entry points for various sources of international law. The ASEAN Ideas in Progress series is a collection of in-progress papers, in the early …

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Cooperation in Intellectual Property and the ASEAN Way Challenges and Opportunities for the ASEAN Economic Community

Archariya Wongburanavart School of Law, Mae Fah Luang University, Thailand Dr Archariya Wongburanavart discusses the implementation issues surrounding intellectual property cooperation in ASEAN, which is one of the priority areas listed under the ASEAN Economic Community Blueprint 2025. The ASEAN Ideas in Progress series is a collection of in-progress papers, in the early and fluid …

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Promoting Investor State Conciliation and Mediation: Lessons from Historic and Less Well-Known Treaty Practice

By studying the ICSID Convention, the earliest investment treaties as well as less well-known investment treaties, this article produces new insights and useful lessons on how to draft investor-State dispute settlement provisions that promote the use of mediation and conciliation to settle investor-State disputes. Treaty language originating in Israeli, Indian and Finnish investment treaties could …

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The Features of Free Movement of Labour in ASEAN and the European Union under Comparative Perspective

Bui Thi Ngoc Lan Faculty of International Law, Hanoi Law University, Vietnam The free movement of labour is one of the core elements of the ASEAN Economic Community’s (AEC) single market and production base. By implementing free movement of labour, ASEAN aims to allow practitioners in some professions to practice in other member states, and …

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