Researchers' Activities

CIL researchers presented papers at the conference ‘International Law in Asia: Challenges and Opportunities’ in Beijing. The conference was organised by the Asian Society of International Law and Renmin University of China Law School

Research Fellow Amber Rose Maggio presented a paper entitled ‘Regional Cooperation for Protection of the Marine Environment in Southeast Asia’. The paper focussed on cooperation in the South China Sea and explored current trends in regional cooperation in Southeast Asia, including the challenges faced and future prospects in the region. Dr Maggio highlighted particularities of the region with regard to cooperative efforts, in order to understand the best way to approach the analysis.

Research Associate Millicent McCreath presented a paper entitled ‘UNCLOS Legal Framework for Cooperation in East and Southeast Asia on the Reduction of Marine Plastic Pollution from Land-Based Sources’. In her paper, Ms McCreath sought to clarify the content of the UNCLOS obligations on land-source pollution and regional cooperation, to encourage states to take active measures to prevent marine plastic pollution, and to work together to that end. The paper also addressed the legal implications of failing to meet these obligations, particularly the risk of compulsory dispute settlement procedures under UNCLOS.

At The Legal Regime of Underwater Cultural Heritage and Marine Scientific Research Conference in Bodrum, Turkey, Research Fellow Sun Zhen presented a paper titled ‘Protecting Underwater Cultural Heritage in the EEZ and on the CS—Could the Marine Scientific Research Regime Play a Role?’ The conference was organised by the Research Center of the Sea and Maritime Law, DEHUKAM, Ankara University, and co-organised by the Center for Oceans Law and Policy (COLP), University of Virginia. Click here for the abstract.

Research Fellow Amber Rose Maggio and Postdoctoral Fellow Marija Jovanovic presented papers at the International Law and Universality Conference in Manchester organised by the European Society of International Law.

Dr Maggio’s paper was entitled ‘Marine Environmental Protection, Regional Cooperation and Universality: The Particular View from Southeast Asia’. The paper explored the preference for universality in environmental standard setting with regard to marine environmental protection, how regionalism and regional cooperation may be replacing universalism in the implementation of measures for the protection and preservation of the marine environment, and what the implications are for states in Southeast Asia. The paper discussed the legal framework and possible move away from universality, regional cooperation mechanisms, the particular view from Southeast Asia with a focus on the South China Sea, and future prospects.

Dr Jovanovic presented a paper entitled ‘Europe, Trade Deals and Forced and Child Labour in Developing States: Towards a More Principled Approach’. She explored the extraterritorial reach of the European Convention on Human Rights (ECHR) in cases of forced and worst forms of child labour when these practices occur within the supply chains of companies domiciled in European states. Exposing an unprincipled gap in the current ECHR jurisprudence, the paper argued that the absence of any state responsibility pertaining to activities of business enterprises domiciled in their territory, especially in countries with well-known and severe governance gaps, undermines the universal reach of the absolute prohibition of slavery and forced labour and effectively encourages and facilitates such practices outside the European espace juridique. The paper then presented reasons for and ways of framing states’ positive obligations in these circumstances that are consistent with the principles of interpretation of the ECHR and with the growing international recognition of such duties by international organisations and established precedents in some domestic jurisdictions.

Research Fellow Dr Zhen Sun participated in the ‘ReCAAP Capacity Building Workshop’ in Yangon, Myanmar, on 3–6 September 2018. ReCAAP is the first Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). The workshop brought together 25 ReCAAP Focal Point Officers from 14 ReCAAP member states, and other law enforcement officers from Myanmar. The workshop focussed on sharing knowledge and experiences among the Focal Points, and on discussing challenges faced by the ReCAAP Information Sharing Centre and the Focal Points in dealing with piracy and armed robbery against ships in Asia.

Dr Sun gave a lecture on ‘Basics of International Law of the Sea’. In the lecture, Dr Sun gave an overview of the current legal framework of the law of the sea, discussed the differences between the definitions of piracy and armed robbery against ships, and the relevant international regulations of both activities. To access the presentation, click here.

CIL researchers Tara Davenport, Millicent McCreath and Christine Sim recently participated in the International Law Association Biennial Conference in Sydney. CIL organised a panel on ‘The Inherent Changeability of the Due Diligence Principle: Challenges for the Development of International Environmental Law’, which was chaired by Professor Rosemary Rayfuse.

Ms Tara Davenport spoke on this panel on ‘The Inherently Changeable Due Diligence Principle and the Protection of the Marine Environment’. Other speakers on this panel were Justice Nicola Pain of the Land and Environment Court of NSW, Dr Aline Jaeckel from Macquarie University and Professor Marie-Claire Cordonier Segger of the University of Waterloo/ University of Cambridge.

Ms Millicent McCreath was a speaker on the panel on ‘The Tide of Change: New Responses to Environmental Challenges in the Pacific Ocean’, organised by the Australian and New Zealand Society of International Law. The topic of her presentation was ‘PSIDS Request for an ITLOS Advisory Opinion on the Content of UNCLOS Climate Change Obligations’.

Ms Christine Sim spoke on a panel on ‘Investment Disputes and Challenging Boundary Issues over Land and Sea’. Her topic was ‘Investment Disputes in Areas of Uncertain Sea Boundaries: Ghana/Cote d’Ivoire’.  

Associate Professor Robert Beckman participated in the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific on 18–19 August 2018 at the State Library of New South Wales, Sydney, Australia. The Conference was organised by the Korea Institute of Ocean Science & Technology (KIOST) and the Asia Pacific Ocean Law Institutions Alliance (APOLIA). Assoc Prof Beckman gave a presentation in the session on ‘Regional Initiatives in the South China Sea’ and Chaired the discussion in the session on ‘State Practice in Southeast Asia’. For copy of his presentation, click here.

Oceans Law and Policy Programme Head Robert Beckman participated in the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific on 18–19 August 2018 at the State Library of New South Wales, Sydney, Australia. The conference was organised by the Korea Institute of Ocean Science & Technology (KIOST) and the Asia Pacific Ocean Law Institutions Alliance (APOLIA). Associate Professor Beckman gave a presentation in the session on ‘Regional Initiatives in the South China Sea’ and chaired the discussion in the session on ‘State Practice in Southeast Asia’. For copy of his presentation, click here.

Senior Research Fellow Youna Lyons was a lecturer in the 23rd Session of the Rhodes Academy, an annual three-week course on principles of contemporary oceans law and policy. Ms Lyons lectured on the United Nations Convention on the Law of the Sea (UNCLOS), international law, and the protection and preservation of the marine environment. Her presentation slides are available here.

CIL Research Fellow Zhen Sun participated in ‘ASEAN-China Workshop on Marine Environmental Protection in the South China Sea’ in Phuket, Thailand, on 12–13 July 2018. The workshop brought together government officials and academics from ASEAN member states and China to discuss means to deepen cooperation on the marine environmental protection and marine search and rescue in the South China Sea.

Dr Sun gave a presentation on ‘Legal Framework of Marine Environmental Protection in the South China Sea’. In the presentation, Dr Sun emphasised that states bordering the South China Sea, a semi-enclosed sea as defined under UNCLOS, should cooperate with each other in the implementation of their rights and duties with respect to the protection and preservation of the marine environment. To access the presentation, please click here.

Senior Research Fellow Youna Lyons was invited as a lecturer in the 3rd Training Programme by International Ocean Institute on ‘Regional Ocean Governance Framework, Implementation of the UNCLOS and Its Related Instruments in the Southeast Asian Seas and the Indian Ocean’. The course took place on 1–28 July 2018 in Hua Hin, Thailand.

Ms Lyons’s lecture was on UNCLOS and international law, and regional legal and institutional governance in Southeast Asia. The presentation slides are available here.