Researchers' Activities

On 29 October–2 November 2018, CIL participated as observer in the 36th session of UNCITRAL Working Group III held in Vienna, Austria. The meeting was attended by Research Associate Professor (CIL) N Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, and Dr Charalampos Giannakopoulos, CIL Visiting Research Consultant.

Convening twice annually, UNCITRAL Working Group III brings together more than 200 government officials, UN officials and NGO representatives, with a mandate to (i) identify concerns raised by the current mechanisms for resolving investor-state disputes, (ii) discuss the desirability of reform in light of the concerns identified, and (iii) propose relevant solutions. During the Vienna meeting, discussions focussed on the second part of the above three-part mandate.

Research Assoc Prof (CIL) Calamita contributed to the discussions by delivering an address on the effects of third-party funding practices on investor-state dispute settlement and arguing for the desirability of reform in this respect. CIL’s participation in the UNCITRAL Working Group III is part of the Centre’s broader engagement with the topic of reform of investor-state dispute settlement, including through the possible establishment of appellate mechanisms and standing tribunals.

Research Fellow Dafina Atanasova attended the Trade Law Forum Incheon 2018, which gathered regional perspectives on ISDS reform from Asia-Pacific states in relation to the ongoing work of UNCITRAL on the topic. Her participation is part of the broader engagement of the Centre for International Law with the topic of appellate mechanisms and standing tribunals for investor-state disputes, and more specifically with the work of UNCITRAL Working Group III.

Research Associate Rachel Tan coached the NUS team that emerged runner-up at the Asian Law Students Association (ALSA) Investment Law Moot held in Yangon from 24 to 27 August 2018. At the keenly contested final, two NUS teams battled through four intense rounds simulating an investor-state dispute before the Permanent Court of Arbitration. The runner-up team comprises second-year NUS law students: Ong Kye Jing, Wileen Saw, Timothy James Chong, and Isabella Tan.

Research Fellow Dr Dafina Atanasova and Research Associate and Practice Fellow Elsa Sardinha participated in SIEL Biennial Conference 2018 International Economic Law in Unsettling Times, American University Washington College of Law, Washington DC, 12–14 July 2018.

Dr Atanasova presented her paper ‘Applicable Law Provisions in Investment Treaties: An Empirical Take,’ as part of a panel dedicated to the general and theoretical aspects of international investment law.

Ms Sardinha presented her paper ‘Requiem for A Deal, or the End of American Influence in the Investment Chapters of Asia-Relevant FTAs?’, co-authored with NUS Assistant Professor Vincent-Joël Proulx, as part of a trade and investment panel dedicated to China and Asia. This paper had won the Best Paper Award at the Asian Society of International Law Japan Chapter’s Annual Global Conference in Tokyo on 1 July 2018.

Research Fellow Dr Dafina Atanasova participated in the workshop on political and legal theory of international courts and tribunals, organised by PluriCourts in Oslo on 18–19 June 2018.

Dr Atanasova presented her paper ‘A “Justice as Impartiality” View on the Authority of International Courts and Tribunals’.

Dr Ayelet Berman chaired a panel on “Investment Treaties and National Governance” at the 15th ASLI Conference 2018 in Seoul in May 2018. John Lumbantobing of the Faculty of Law, Universitas Katolik Parahyangan presented his paper “Very little spill: Internalization of investment treaties and their effects on domestic governance in Indonesia”. Younsik Kim of Sungshin University in Korea presented his paper on “Internationalisation of Investment Treaties in Korea”, and Sachinta Dias of Oxford University presented his paper on International Investment Agreements and Governance in Sri Lanka: An Analysis of Three Factual Scenarios”. This panel is part of an ongoing CIL research project on investment treaties and national governance. For more information about the project, please contact Dr Ayelet Berman.

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.

Research Assistant Mr Robert Real participated in the Frankfurt Investment Law Workshop 2018 on International Investment Law and Constitutional Law. Held on 9 and 10 March 2018, the workshop was organised by the Goethe-University Merton Centre for European Integration and International Economic Order in Frankfurt, Germany. Participants in the workshop explored the different facets of the increasing interaction between international investment law and constitutional law and critically analysed the opportunities and challenges this interaction creates. The panel topics included the (domestic) constitutional law limits of international investment law, the European Union’s constitutional limits of international investment law, the role of constitutional law in investor-state dispute settlement, and international investment law as constitutional law.

CIL Director Professor Lucy Reed served as faculty at the 2017 Summer Institute of the ASEAN Human Rights Resource Centre (HRRC) held in Bali on 29–31 January 2018 (the volcano risk having postponed the original summer date). The chairman of the conference was HE Ambassador Ong Keng Yong, who is the chairman of HRRC and a member of the CIL Board of Directors. The theme of the conference was ‘Trade, Investment, and the Rule of Law in ASEAN’. Professor Reed spoke on ‘The Rule of Law and Dispute Resolution in ASEAN’ and moderated a panel on ‘Rights Dimensions in Trade and Investment in the ASEAN Community’.

The HRRC is a non-profit academic centre headquartered at the University of Indonesia in Jakarta, in partnership with 11 other academic institutions in 7 out of 10 ASEAN member states. Its mission is to support a rights-based approach to ASEAN integration through research, training and education, and its core thematic areas are rule of law, business and human rights, and the rights of vulnerable populations. The Summer Institute is the HRRC’s signature annual event, organised in collaboration with the WSD Handa Center for Human Rights and International Justice at Stanford University and Udayana University.

CIL’s Investment Law and Policy Programme team organised the workshop on ‘Investment Treaties and National Governance’ on 16–17 November 2017, in the Asian context. The workshop had a selective call for papers, and participating researchers (mostly from the Asia-Pacific region) presented case studies assessing the impact of investment treaties on national governance in India, Indonesia, South Korea, Sri Lanka, Thailand and Vietnam.

The workshop brought together researchers to discuss and unpack the following questions in the Asian context. What impact do investment treaties have on national governance? Although a considerate amount of research has examined the impact of investment treaties on FDI, very little is known about their effects on national governance. Are governments aware of their investment treaty obligations? Do they internalize their obligations, and if yes, how? Do investment treaties lead to improvements in the rule of law and good governance, or do they undermine national policy autonomy?

On 6 November 2017 the OECD’s Regulatory Policy Division’s ‘International Organizations Partnership for Effective International Rule-making’ convened a brainstorming session to discuss the partnership, bringing together the OECD, member states, international organisations and academics.

The partnership’s goal is to improve the quality, relevance and impact of international rule-making by international organisations. To advance these goals, the OECD has invited academics with in-depth knowledge and experience in the field of international rule-making, to collaborate with partnership. Dr Ayelet Berman has been invited to join this group of academics, called the ‘Academic Friends of the Partnership for Effective International Rulemaking’. She looks forward to contributing her knowledge and experience in fields such as informal international law-making, good regulatory practice, accountability and stakeholder engagement in international law-making. 

The Research Forum of the American Society of International Law (ASIL) took place at Washington University School of Law, St Louis on 26–28 October 2017. Following an anonymous and selective review process, academics, practitioners and government officials presented their papers in various sub-fields of international law. Speaking on the ‘International Governance’ panel, Dr Ayelet Berman presented her paper on ‘Accordion Governance’, which examines the establishment of international organisations, their displacement in favour of club governance, and the recent reversion towards bigger clubs. Dr Berman was also the moderator of and discussant on the panel ‘Fragmentation and Harmonization in International Law’. Further, as a panellist on ‘The Path to Practice in International Law’ panel, she spoke to students and new professionals interested in pursuing a career in international law.

CIL Director Lucy Reed, Head of International Dispute Resolution (Practice Skills) J Christopher Thomas QC, Head of Investment Law and Policy Jansen Calamita, Practice Fellow Emily Choo, and Global Associates Mark Feldman and Tara Davenport were part of the faculty of the 2017 Singapore International Arbitration Academy, which was organised by the CIL on 25 October 2017–2 November 2017. Ms Emily Choo was also team coach to one of the teams that took part in the Academy’s arbitration moot.

CIL Research Associates Millicent McCreath, Robert Real and Zoe Scanlon attended the Academy as participants and took part in the arbitration moot. Ms Zoe Scanlon was awarded a prize for excellence in advocacy.

Professor Reed, Mr Thomas, Research Associate Professor (CIL) Calamita and Ms Choo were speakers and moderators in the panel sessions in the CIL International Conference on Global Currents in International Investment Law on 2 November 2017.

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’. 

On 3 March 2017, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at a conference at Blackstone Chambers, London, titled ‘Current Issues in Rule of Law and International Trade and Development’. He spoke about investment treaties, foreign investment and the rule of law, addressing both whether investment treaties lead to higher levels of investment in the signatory states and whether investment treaties lead to improvements in the rule of law. His slides are available here.

On 27-28 February 2017, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave lectures at University College London and the Lauterpacht Centre for International Law at the University of Cambridge. He spoke on the compatibility of the European Union’s new investment tribunal system with existing instruments of the investment treaty regime, such as the ICSID Convention and the New York Convention. A summary of his remarks was reported in Global Arbitration Review. His paper is presently in prepublication review.

CIL Practice Fellow Emily Choo attended the inaugural KLRCA Summer Academy on International Investment Law and Dispute Settlement, which was held in Kuala Lumpur, Malaysia from 25-29 July 2016. The Summer Academy was organised by the Kuala Lumpur Regional Centre for Arbitration in partnership with Clifford Chance. The 5-day programme comprised lectures, interactive training and practical exercises on topical issues in investment law. Around 50 government officials, academics, members of the judiciary and private practitioners from Malaysia, Indonesia, the Philippines, Singapore, Hong Kong and France attended the Summer Academy. [View image]

CIL Practice Fellow Emily Choo was invited to present her paper on “The Impact of Non-State Actors’ Intervention in Investor-State Arbitration” at the ILA British Branch Spring Conference on Non-State Actors and Changing Relations in International Law, which was held at the Lancaster University, United Kingdom on 8-9 April 2016. The conference was organised by the Lancaster University Law School and the International Law Association British Branch. Emily spoke about the impact of non-state actors on the development of investment law through their intervention in investor-state arbitration.

On 29-30 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, chaired panels and served as a discussant at the Asia FDI Conference II in Hong Kong, ‘China’s Three-Prong Investment Strategy: Bilateral, Regional and Global Tracks’.

On 15 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave a keynote presentation at the Asian Business Law Institute’s Asia Pacific Arbitration Conference 2016 titled ‘The Rise of Investment Treaty and Investor State Arbitration Practices in Asia’. Among other issues, he addressed the current state-of-play of investment treaty making and investor-state arbitration in Asia, including the ASEAN Comprehensive Investment Agreement, as well as the status of ongoing negotiations on the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP).

On 1 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at the ‘International Symposium on China and Development of International Dispute Resolution System in the Context of “the Belt and Road” Construction’ at the Silk Road Institute for International and Comparative law at Xi’an Jiaotong University School of Law in Xi’an, China. His presentation, entitled ‘Building Legal Infrastructure for International Arbitration’, addressed the importance of a consistent, internationalised commercial arbitration framework across the range of states being considered for inclusion in China’s One Belt, One Road initiative.

On 12-13 October 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at the 5th Asia Pacific ADR Conference in Seoul, Korea, organised by, among others, the United Nations Commission on International Trade Law and the Korean Ministry of Justice. He addressed the changing landscape of investment treaties, paying particular attention to the investment treaty policy of the European Union.

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.

CIL Research Fellow Junianto James Losari taught an International Investment Law course in the Masters Programme on Trade, Investment, and Competition at the Universitas Pelita Harapan, Indonesia, which was held on 23-26 February 2016 in Jakarta, Indonesia. In his lecture, James provided an overview of international investment law with some specific discussions on Indonesia’s recent investment policies. This was the fourth time that CIL was invited to teach this course. CIL’s past participation included the course being co-taught by James and Associate Professor Michael Ewing-Chow. [View photo]

On Monday, 22 February 2016, CIL Research Fellow Junianto James Losari was the guest lecturer at a workshop to advise Indonesian government officials from the Ministry of Trade, the Indonesian Investment Coordinating Board, the Central Bank of Indonesia, and various other institutions on cross-cutting issues between Trade in Services and Investment. The workshop was organised by the Ministry of Trade’s Centre for Advocacy and the EU-Indonesia Trade Cooperation Facility at the Ministry of Trade in Jakarta, Indonesia. In his lecture, James highlighted the need for Indonesian government officials to clarify their policy objectives both in trade and investment before the process of negotiating or drafting free trade agreements (FTAs). Furthermore, he noted the potential overlap of commitments made under trade in services chapter and investment chapters in FTAs that requires different institutions to cooperate and coordinate closely to prevent inconsistency. For further details about the workshop, click here: http://www.euind-tcf.com/taking-a-closer-look-at-the-investment-provisions-in-regional-trade-agreements/
[View photo]