Researchers' Activities

CIL Research Assistant JR Robert Real presented his paper entitled ‘Public Welfare and Human Dignity in the Philippines’ at the ALSA 2018 Conference: Law in the Asian Century. Held from 29 November to 1 December 2018 in Gold Coast, Australia, the conference was organised by the Asian Law and Society Association, the Australian Network for Japanese Law (ANJeL), the Asia Pacific Legal Institute of Australia (APLIA), and Bond University. His paper discusses how the Philippine Supreme Court has been using the concept of human dignity to both justify and limit the exercise of the state’s regulatory power, as well as a tool to discover new rights that advance human dignity.

At the 2018 American Society of International Law (ASIL) research forum, Research Associate Melissa Loja presented her paper ‘Recent Engagement with International Human Rights Norms by Courts in Southeast Asia: New Challenges to Human Rights Theories’.

She discussed that in recent cases involving arbitration and judicial immunity, Singapore courts relied on European Convention on Human Rights (ECHR) norms; Malaysia’s Court of Appeal based two decisions on the ASEAN Human Rights Declaration (AHRD), despite lack of legislative incorporation; the Philippine Supreme Court applied the Convention for the Protection of all Persons from Enforced Disappearances (CPPED), which the government had repeatedly refused to ratify; and Indonesia’s Constitutional Court invoked UN human rights instruments to justify the ex post facto prosecution of the past regime for human rights violations.

This engagement with international human rights norms has three distinctive features: 1) preference for ECHR norms over AHRD norms; 2) subversion of the ethos of human rights; and 3) lack of indication that the courts see themselves as agents of an exogenous regional or global normative order.

These distinctive features cannot be adequately explained by the main universalist, pluralist and institutionalist/neo-institutionalist paradigms about international human rights norms and their application by domestic courts. A re-examination of these paradigms is imperative.

Research Assistant JR Robert Real presented his paper entitled ‘National courts collectively creating regional norms in ASEAN’ at the Philippine Society of International Law Inaugural National Conference. Held from 6 to 7 September 2018 in Quezon City, the Philippines, the conference was organised by the Philippine Society of International Law and the University of the Philippines. Mr Real’s paper explored the role of Southeast Asian judiciaries in developing regional environmental norms amid the lack of a regional court.

Senior Research Fellow Denise Cheong and Research Associates Nur Azha Putra and S Nivedita participated in the workshop on ‘Achieving the ASEAN 2025 Vision for Disaster Management: Lessons from a Worthy Journey’ held on 15 and 16 August 2018. The workshop was jointly hosted by S Rajaratnam School of International Studies and the Pacific Disaster Center, in collaboration with the ASEAN Committee on Disaster Management and the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management Centre. Discussions centred around the impact, growth and future direction of ASEAN’s regional architecture for humanitarian assistance and disaster relief, and supporting mechanisms.

Research Assistant JR Robert Real presented his paper ‘For the Common Good—The Philippine Supreme Court’s Divergent Approach to Human Dignity’ at the Human Dignity in Asia: Dialogue between Law and Culture Conference. Held from 2 to 3 July 2018 in Taipei, the conference was organised by the Academia Sinica Institutum Iurisprudentiae.

Mr Real’s paper explores the Philippine Supreme Court’s approach to interpreting the concept of human dignity, which seems to vary depending on whether parties invoke individual rights or collective rights.

Research Assistant JR Robert Real presented his paper ‘Judicial Transplantation as a Backdoor to Environmental Normative Integration in ASEAN’ at the 2018 ICON-S Annual Conference on Identity, Security, Democracy: Challenges for Public Law. Held from 25 to 27 June 2018 in Hong Kong, the conference was organised by the International Society of Public Law and the University of Hong Kong.

Mr Real’s paper explored the role of Southeast Asian judiciaries in developing regional environmental norms amid the general sensitivity of the region to international law intruding on domestic sovereignty.

Research Associate Ms Melissa Loja presented her research paper at the New Voices Panel at the 112th Annual Meeting of the American Society of International Law in Washington DC. Ms Loja’s paper was about international agreements between non-state actors. Her paper discussed international agreements that national petroleum corporations such as Petronas, PetroVietnam, PetroleumBrunei and China National Offshore Oil Corporations enter into to manage disputes over petroleum resources that are shared by states across maritime zones and boundaries.

Professor Laurence Helfer, Editor-in-Chief of the American Journal of International Law, remarked that her paper makes a concrete contribution to international law, because it presents primary data that have not been made known before, and it enables a granular examination of actual practices in international law.

CIL Senior Research Fellow Dr Hao Duy Phan was invited to moderate a session in the Consultation on ‘A Rules-Based ASEAN: Legal Instruments and their Implementation’ on 1–2 November 2017 in Singapore. The event was jointly organised by the ASEAN Secretariat and the S Rajaratnam School of International Studies with the support of the ASEAN-US Partnership for Good Governance, Equitable and Sustainable Development, and Gesellschaft für Internationale Zusammenarbeit. CIL Associate Director Ms Sharon Seah Li-Lian, CIL Research Fellow Ms Ranyta Yusran, CIL Research Associate Mr Hadyu Ikrami and CIL Postdoctoral Fellows Dr Heejin Kim and Dr Marija Jovanovic also participated in the consultation.

Assistant Professor Tan Hsien-Li, Co-Director (Teaching) of the ASEAN Law and Policy Programme at CIL, was invited to speak on a panel at the Tembusu Forum ‘ASEAN at 50: Success or a disappointment?’, which was organised by the Tembusu College at NUS on 12 September 2017.

CIL participated in the 6th Biennial Conference of the Asian Society of International Law (AsianSIL) on 25–26 August 2017 in Seoul, Korea. The conference was organised by the AsianSIL, the Korea Chapter of the AsianSIL, and the Ministry of Foreign Affairs of the Republic of Korea. The theme of the conference was ‘Asia and International Law in Times of Uncertainty’. CIL Director Professor Lucy Reed chaired the session on ‘New Proposals for Investment Dispute Resolution Mechanism’. Head of CIL’s Ocean Law and Policy Programme Associate Professor Robert Beckman chaired the session on ‘New Voices in International Law’, which featured presentations from two CIL Research Associates (see below). He also gave a presentation on the implications of the South China Sea arbitral award.

On 16–17 June 2017, CIL Head of Ocean Law and Policy Programme Assoc Prof Robert C Beckman and CIL Research Associate Hadyu Ikrami participated in the Asia-Pacific Ocean Law Institutions Alliance (APOLIA) Conference on ‘Maritime Law Enforcement: Asia-Pacific State Practice’ and the ‘South China Sea Workshop on South China Sea Arbitration and Incidental Maritime Issues’. The conference and workshop took place in Da Nang, Vietnam and were organised by the Diplomatic Academy of Vietnam and The Development of International Law in Asia-Korea (DILA-Korea).

CIL research associates (below) participated in the 14th Asian Law Institute Conference on “A Uniting Force? – ‘Asian Values’ and the Law” on 18–19 May 2017 in Manila, Philippines. The conference was organised by the Asian Law Institute of the National University of Singapore and College of Law at the University of the Philippines. The conference was attended by over 200 legal scholars and practitioners.

CIL Research Associate and Practice Fellow Elsa Sardinha and NUS Faculty of Law Assistant Professor Vincent-Joël Proulx presented a work-in-progress paper entitled ‘Requiem for a Deal, or the End of American Influence in the Investment Chapters of Asia-Relevant FTAs? Can Asian Trade and Investment “Values” Carry the RECP in the Wake of the TPP’s (Potential) Death?’

CIL Research Associate Millicent McCreath presented on ‘Burgeoning Practice of the Establishment of Marine Protected Areas in Southeast Asia to Target the Impacts of International Shipping’.

CIL Research Fellow Dr Zhen Sun presented on ‘ASEAN Framework to Enhance Maritime Security’.

CIL Research Associate Hadyu Ikrami presented on ‘Indonesia-Malaysia-Philippines Cooperation in Combating Maritime Crimes: Lessons from the Malacca Straits Patrol and the Role of ASEAN’. 

CIL Senior Research Fellow Dr Hao Duy Phan was invited to participate in the 3rd ASEAN-EU High Level Dialogue on Maritime Security Cooperation on 15-16 September 2016 in Bangkok, Thailand. The Dialogue was jointly organised by the Ministry of Foreign Affairs of Thailand and the European Union. Hao Duy Phan made a presentation on ‘Strengthening Regional Cooperation to Address Maritime Security Challenges: The Role of ASEAN’. To download his presentation, click here.

CIL Director Robert Beckman made a presentation in Jakarta, Indonesia on 17 March 2016 entitled ‘The Philippines v China Case and the South China Sea Disputes’. The one-day forum was organised by the Center for Southeast Asian Studies (CSEAS) in collaboration with The Netherlands Embassy in Jakarta, and was entitled ‘ASEAN Dialogue on International Law: Strengthening the Rule of Law in the Region on International Law of the Sea’. For Prof Beckman’s presentation, click here.

IELPO LL.M Programme at Universitat de Barcelona re-invited CIL for the 4th time to teach its course on Asian Regionalism. CIL Research Fellow Junianto James Losari replaced Associate Professor Michael Ewing-Chow this year to teach the two-day-course on 9-10 March 2016 in Barcelona, Spain. In his course, James shared various stories of integration in Asia and discussed the main drivers of the integration, including trade and investment. He also focused on the ASEAN integration, which is considered as one of the most advanced integrations in the region.

CIL Research Fellow Ms Ranyta Yusran participated in the AsianSIL Regional Conference – ‘International Law and a Dynamic Asia’ on 14-15 June 2016 in Hanoi, Viet Nam. The Conference was jointly organised by AsianSIL, the Diplomatic Academy of Viet Nam and the Ministry of Foreign Affairs of Viet Nam. At the Conference, Ranyta presented her paper on ‘The ASEAN Convention against Trafficking in Persons, Especially in Women and Children: Is It Up to the Task?’ in a panel on ‘ASEAN after 2015’, chaired by the dean of the NUS Law Faculty. Within the same panel, Asst Prof Tan Hsien-Li, CIL’s ASEAN Integration through Law Director, also presented her paper on ‘The ASEAN Community: Its Ambitions, Laws and Dispute Settlement Mechanisms’. To download Ranyta’s presentation, click here.

CIL Research Fellow Ranyta Yusran and CIL Research Associates Shaun Kang and Elsa Sardinha participated in the 13th Annual Asian Law Institute Conference – ‘Asian Perspectives on Legal Globalisation’ on 19-20 May 2016 in Beijing, China. The Conference was jointly organised by Peking University and the Asian Law Institute. At the Conference, Ranyta Yusran spoke at a panel on ‘International Law and Human Rights’ and delivered a presentation entitled ‘No Longer Taboo and Yet Still Awkward: Human Rights in ASEAN’. To download her presentation, click here. Shaun Kang and Elsa Sardinha spoke at a panel on ‘International Law and Globalisation’. Shaun delivered a presentation on ‘The Exodus of Rohingya People and Malaysia’s International Obligations towards Refugees’ and Elsa Sardinha delivered a presentation on ‘The Right to Regulate: Towards a New Regulatory Paradigm under Recent Free Trade Investment Chapters? A Dissection of the Trans-Pacific Partnership (TPP), Canada-EU (CETA) and Singapore-EU (SEUFTA) Free Trade Agreements’. To download Shaun’s presentation, click here. To download Elsa’s presentation, click here.

On 18 May 2016, CIL Research Associate Hadyu Ikrami participated in the International Seminar on the Establishment of a Regional Convention against Illegal, Unreported, and Unregulated Fishing (IUUF) and Its Related Crimes. The Seminar took place in Bali, Indonesia, and was organised by the Indonesian Coordinating Ministry for Maritime Affairs. It was attended by approximately 120 participants from 13 countries. The speakers of the Seminar were representatives of the Food and Agriculture Organization (FAO), United Nations Office on Drugs and Crime (UNODC), European Union (EU), Sub-Regional Fisheries Commission (SRFC) of the West African Countries, as well as representatives of the governments of Thailand, Australia, the Philippines and the United States. Another speaker was a New Zealander official who delivered a presentation on how Interpol has assisted New Zealand in combatting IUU fishing.

CIL Senior Research Fellow Dr Tan Hsien-Li presented a paper and presentation on ‘The Legalization and Institutionalization of ASEAN: Conceptualizing a New Pattern in Asian Regionalism’ at a workshop on Regional and Constitutional Structures in Tension, which was held at the University of Geneva, Switzerland, from 4-5 April 2016. The workshop was organised by the University of Geneva, Global Studies Institute (supported by the Swiss National Science Foundation), iCourts of the University of Copenhagen, and the Institute for Global Law and Policy at Harvard Law School.

Following the 16th Meeting of the ASEAN Working Group on the Coastal and Marine Environment (AWGCME), CIL Director Robert Beckman, CIL Global Associate Captain J Ashley Roach and CIL Senior Research Fellow Youna Lyons were invited to address members of the AWGCME, together with invited representatives of Singapore government agencies, at a seminar held on 10 June 2015 in Singapore, on issues under UNCLOS and other international legal frameworks governing the protection of the coastal and marine environment. As the Designated Resource Persons at the seminar, Professor Beckman made a presentation on ‘Transboundary Environmental Impact Assessments (EIAs)’ (download in PDF), Captain Roach made a presentation on ‘Access-Benefit Sharing Scheme for Marine Genetic Resources in areas beyond National Jurisdiction’ (download in PDF) and Ms Lyons made a presentation on ‘Prioritisation and the Protection of Sea-Space’ (download in PDF). To view the Agenda, click here.

CIL Senior Research Fellow Dr Tan Hsien-Li presented a paper and presentation on ‘Reputational Risks in the Post-Charter ASEAN: Rules-based Reformation or Rhetorical Repetition’ at a symposium organised by the New Zealand Centre for Public Law and the International Law Association (New Zealand Branch), on International Organisations and the Rule of Law: Perils and Promise, which was held at the Victoria University of Wellington Faculty of Law from 7-8 December 2015.

CIL Research Fellow Junianto James Losari was invited to speak at the Asia FDI Forum on 5-6 November 2015 in Hong Kong. James presented his paper “Searching for An Ideal Investment Protection Regime for ASEAN+ Dialogue Partners in RCEP: Where Do We Begin?” in which he discussed the baseline study and the method he used to better advise Regional Comprehensive Economic Partnership (RCEP) negotiators in the negotiation of the RCEP’s investment chapter. The Forum was jointly organised by the Centre for Financial Regulation and the Economic Development and Columbia Center on Sustainable Investment (Columbia University) and sponsored by Oxfam Hong Kong and the Chinese University of Hong Kong (Faculty of Law). It was attended by legal scholars and practitioners, economists, officers of international organisations and NGOs in Asia Pacific. To view his presentation, click here.

CIL Research Fellow Junianto James Losari was invited to speak at the Art of Negotiating Trade and Investment Agreements Workshop: Taking Into Account the Global Tobacco Treaty. The workshop was held in Chiang Mai, Thailand on 25-26 June 2015. It was attended by academics and government officials from the Ministry of Health in the region. James spoke about the ‘Investment Framework from the ASEAN Perspective’ and its implication on tobacco control measures taken by ASEAN Members. He highlighted the importance of ASEAN Members to terminate their intra-ASEAN BITs, which do not provide enough policy space for States to take tobacco control measures without incurring liability. On the other hand, the newer generation International Investment Agreements, such as the ASEAN Comprehensive Investment Agreement and other ASEAN + Dialogue Partner(s) Investment Agreements contain general exceptions clauses that allow States to take measures to protect its public health, including tobacco control measures without incurring any liability. However, ASEAN Members must carefully formulate their measures to fulfil the requirements of such clauses.

On 3-5 June 2015, the Asian Society of International Law (AsianSIL), together with the Ministry of Justice of Thailand and the Thailand Institute of Justice, held the AsianSIL Inter-Sessional Conference on ‘The Rule of Law and Development Nexus: A New Deal for Asia?’ in Bangkok, Thailand. A/P Michael Ewing-Chow was invited to speak on a panel on ‘International Law and ASEAN Integration’ and delivered his presentation entitled ‘Outcomes and Costs – Towards A Just Peace’. CIL Research Fellow Leonardo Bernard, CIL Research Fellow Ranyta Yusran and CIL Research Associate Chang Ya Lan also attended the conference. To download A/P Michael Ewing-Chow’s presentation, click here.

CIL Researchers Leonardo Bernard, Harpreet Kaur Dillon, Hao Duy Phan, Sun Zhen and Ranyta Yusran participated in the 12th Annual Asian Law Institute Conference – “Law 2.0: New Challenges in Asia” on 21-22 May 2015 in Taipei, Taiwan. The Conference was jointly organised by the National University of Taiwan and the Asian Law Institute. At the Conference, CIL researchers made various presentations on different topics of international law and chaired different panels. Dr Zhen Sun and Mr Leonardo Bernard spoke at a panel on international law with a particular focus on the law of the sea. Dr Zhen Sun made a presentation on “A Hot Land in A Cold Place: Opportunities and Challenges for Singapore in the Arctic” (download in PDF) and Mr Leonardo Bernard made a presentation on “Historic Fishing Rights and the EEZ” (download in PDF). Dr Hao Duy Phan and Ms Harpreet Dhillon participated in two different panels on international law and spoke about “ASEAN’s Legal Personality and its Treaty-Making Power” (download in PDF) and “Consolidation of Claims Arising under an International Investment Agreement: What is at Stake?” (download in PDF) respectively. Ms Ranyta Yusran was a panellist at the panel on cross-border issues. She made a presentation on “Mapping the ASEAN Framework on Transnational Crime” (download in PDF).