Researchers' Activities

In Session 5 Voices of the Next Generation, Dr Dawoon Jung presented on “Offshore Renewable Energy Operations and the Protection of the Marine Environment”. Her presentation explored the substantive regulation of environmental challenges caused by offshore renewable energy operations within the UNCLOS legal framework.

15-17 November 2022: CIL Director Dr Nilüfer Oral was Invited to Speak at the Seventh International Conference on the Law of the Sea Hosted by Ministry of Foreign Affairs of the Republic of Korea (MOFA)

They made a presentation titled Development of a Dynamic and Searchable Catalogue of Experts and Expertise in Research on Marine Plastic Pollution in ASEAN +3, which was jointly prepared by them and Cheng Ling Lim.

Youna made a presentation on Identifying Marine Sensitive Areas in the SCS under International Law where she emphasised the development and adoption of scientific and technical criteria under 15 instruments applicable in the South China Sea. She demonstrated their consistency and mutually-reinforcing content and application. The presentation can be downloaded here.

This virtual meeting is a process of preparing for the white paper output of an APEC OFWG project on microplastics in coastal aquaculture and food security. To contribute to this white paper, CIL researchers Youna and Yulu will collaborate and coordinate with Mei Lin, Adjunct Associate Professor Joseph Chun from Asia-Pacific Centre for Environmental Law (APCEL), NUS, and Associate Professor ‪Karina Yew-Hoong Gin, Department of Civil and Environmental Engineering, NUS.

2-3 November 2022: CIL Director Dr Nilüfer Oral was Invited to Speak at the 2022 Yeosu Academy of the Law of the Sea

The title of her presentation is “the Law of the Sea and Maritime Autonomous Surface Ships (MASS): focusing on the protection of the marine environment”.

11 October 2022: CIL Director Dr Nilüfer Oral was Invited to Speak at the IMO-WMU Joint Academic Conference Title “Protecting the Ocean – Moving Forward at 50: London Convention & Stockholm Declaration”

17 October 2022: CIL Director Dr Nilüfer Oral was Invited by Berkeley Law to Give the Harry & Jane Scheiber Lecture in Ocean Law & Policy.

Youna Lyons, Cheng Ling Lim and Yulu Liu were invited to present on the ongoing project to develop a regional research network in the region of East Asian Seas, at the the 4^th Meeting of the Coordinating Body on the Seas of East Asia (COBSEA) Working Group on Marine Litter. The meeting was held in Hanoi, Vietnam, 10-11 October 2022 in a hybrid format and it was attended by delegations of COBSEA member states and observers.

The online conference was organized by the Ahmad Ibrahim Kulliyyah of Laws of the International Islamic University Malaysia (IIUM) and the Faculty of Law of Universitas Gadjah Mada (UGM) of Indonesia and held via zoom.

The title of the conference was “International Symposium on Ocean Governance, Environmental Rights and Sustainable Development in the Anthropocene”.

Yulu Liu and Cheng Ling Lim and Youna Lyons from CIL Ocean Law and Policy Programme presented at the 7th International Marine Debris Conference (7IMDC), held in Busan South Korea, 18-23 September 2022. 

12-16 September 2022: CIL Director Dr Nilüfer Oral Was Invited to Speak at the ITLOS Workshop for Legal Advisors in Hamburg

It was held over two days on Monday 6 and Tuesday 7 September as an online meeting. Day Two of the Seminar was moderated by Gillian Grant, the Chair of the Legal Committee of the IMO. Prof Beckman spoke in Panel 5: Operating MASS: Legal issues related to communication and enforcement.

The Programme, co-organised by the Republic of Singapore Navy and S. Rajaratnam School of International Studies, introduced various aspects of maritime security for maritime practitioners. The course’s participants are navies, coastguards, and other maritime practitioners from around the world. Prof. Beckman delivered a lecture about the international law of the sea while Dr. Dang presented about Vietnam’s measures against IUU Fishing.

Youna Lyons was invited to observe the 49th GESAMP annual session held at the International Maritime Organisation (IMO) headquarters in London, United Kingdom, from 5 to 9 September 2022, on the delegation of Advisory Committee on the Protection of the Sea Advisory Committee (ACOPS).

Yulu Liu also attended the workshop of GESAMP WG 40 (as a representative of ACOPS) to develop a risk assessment framework for land and sea-based sources of marine litter and microplastics, which was held in Busan, South Korea from 26-30 October.

The Workshop introduced the results of the Common Fisheries Resources Analysis of skipjack tuna in the South China Sea, a joint research initiative implemented by scientists from China, Indonesia, Malaysia, Philippines and Viet Nam with support from the Centre for Humanitarian Dialogue.

Senior Research Fellow Dr. Tara Davenport was invited to participate (online) in the Expert Group Meeting on Enforcement Related Issues in Deep Sea Mining organized by the UN Office on Drugs and Crime and the Secretariat of the International Seabed Authority (ISA)

The Workshop was organised by the Institute of Defence and Strategic Studies and S. Rajaratnam School of International Studies, Nanyang Technological University.

The Conference was organised by the United Nations Environment Programme, Viet Nam Administration of Seas and Islands – Ministry of Natural Resources and Environment, Australian Centre for Ocean Resources and Security – University of Wollongong, Centre for International Law of Sea and Maritime Law – National University of Viet Nam in Hanoi.

Prof Beckman was one of 10 speakers in Session III. In his presentation he argued the COC should contain a “non-prejudice” clause similar to that in Article VII of the 1959 Antarctic Treaty. He argued that such a clause would enable the parties to cooperate on matters of common interest without being seen as either acquiescing to or recognizing the legitimacy of the sovereignty and maritime claims of other States or as renouncing or giving up their own sovereignty claims and maritime claims in the South China Sea.

Senior Research Fellow Dr. Tara Davenport gave an online lecture on 19 July 2022 submarine cables and pipelines at the Kadir Has International Law of the Sea Academy held in Turkey from 18 to 29 July 2022.

The Faculty at the Rhodes Academy is comprised of leading experts in the law of the sea, including current and past judges from the International Tribunal for the Law of the Sea (ITLOS). The Faculty in 2022 included two current ITLOS judges, Albert Hoffman of South Africa, the current President and Judge Tomas Heider of Iceland as well as two former Presidents of ITLOS – Rudiger Wolfrum of Germany and Vladimir Golitsyn of the Russian Federation.

The title of his presentation was “Reduction of Emissions from Commercial Shipping: The Global Context and Singapore Initiatives”.

Dawoon made a presentation on “New Technology and Maritime Autonomous Surface Ships (MASS): How Does UNCLOS Evolve to Regulate the Impacts of MASS on the Marine Environment?”.

She made a presentation on ‘Enforcement of Coastal State Jurisdiction over Illegal, Unreported, and Unregulated (IUU) Fishing in the Exclusive Economic Zone,’ and provided a case study on Indonesia.

Youna, Cheng Ling and Yulu’s presentation was on intervention policies and regulations on single-use plastics restrictions in the ASEAN +3 region and their effectiveness.

Prof Beckman spoke on the role of the dispute settlement system in clarifying ambiguous provisions and responding to technological developments.

Prof Beckman made a presentation in Session 3, Navigational Regimes and Enforcement of Coastal State Jurisdiction.

The title of her presentation was “A Quest for Meaning: Interpretation of Article 73(3) of UNCLOS by Indonesian Supreme Court”

She spoke in Session 6 on Illegal, Unreported and Unregulated (IUU) Fishing alongside Prof. Natalie Klein (University of New South Wales) and Ms. Francesca Caonero (Global Maritime Crime Programme, Latin America and the Caribbean, U.N. Office on Drugs and Crime).

The competition took place virtually from 10 to 14 May 2022. They evaluated and scored the oral pleadings of the participants during the International Rounds.

The Conference was organised by the Centre for Public Policy Research of India in collaboration with Monash University and support from Australia’s Department of Foreign Affairs and Trade to support ASEAN-Australia-India Indo-Pacific Cooperation.

This regional consultation was organised on 20 April 2022 via Zoom by COBSEA as part of the project ‘Reducing marine litter by addressing the management of the plastic value chain in South-East Asia’ (SEA circular). COBSEA member States, China, Indonesia, Malaysia, RO Korea, Singapore, Thailand and Vietnam participated to the consultation.

She was also invited to grade memorials submitted by the teams, which pleaded the RV Vilhelmina case before the International Tribunal for the Law of the Sea (ITLOS).

Maria Pia Benosa of the CIL Ocean Law and Policy Team joined a panel discussion on legal and technological developments relating to unmanned vessels at the 2022 ASIL Annual Meeting in Washington, DC from 6-9 April, 2022 themed ‘Personalizing International Law’.

CIL organized a panel on ‘Emerging Challenges to 1982 UNCLOS and International Law,’ on 18 March 2022

The online meeting was framed to compare and review approval process and framework for Marine Scientific Research under international law and in practice, in the context of the development of the Philippines capability in MSR.

The online meeting held on Zoom, invited experts from a different disciplines involved in plastic pollution to assist with the establishment of baselines and offers a multidisciplinary assessment of marine plastics in the ASEAN Member States.

CIL Research Associate Maria Pia Benosa recently completed the inaugural course of the Basel Winter Arbitration School 2022 (Arbitration Lab) at the Law Faculty of the University of Basel from 6-11 February 2022. Joined by both in-person and online participants from over 15 countries, Arbitration Lab featured lectures on key areas relevant to ocean law and policy such as dispute resolution under Annex VII of the UN Convention on the Law of the Sea and the Human Rights at Sea Arbitration Initiative. Basel Arbitration Lab, which aims to provide an overarching platform for a wide range of arbitration practice areas, is a pioneering initiative of Prof. Anna Petrig (University of Basel) and Prof. Yarik Kryvoi (British Institute of International and Comparative Law).

1 February 2022: CIL Director Dr Nilüfer Oral was Invited as a Panelist to Webinar on “Successes and Failures of UNCLOS” Hosted by Volterra Fietta Law Firm.

This was the inaugural seminar in Volterra Fietta’s seminar series to commemorate the 40th anniversary of the United Nations Convention on the Law of the Sea (referred to as UNCLOS).

22 December 2021: CIL Director Dr Nilüfer Oral was Invited to Give a Lecture at the Marine Law and Policy Research Centre of the Istanbul Bilgi University, Titled “International Law Consequences of Climate Change and Sea Level Rise”

More about the event at: International Law Consequences of Climate Change and Sea Level Rise, 22 December 2021 | Marine Law and Policy Research Center (bilgi.edu.tr)

13 December 2021: CIL Director Dr Nilüfer Oral was Invited to Speak at the Event

“Looking Ahead to the CBD COP15: Opportunities and Challenges Posed by Other Effective Area-Based Conservation Measures (OECMs)” Organized in Conjunction with the Asian Environmental Law Congress

The IUCN World Commission on Protected Areas (WCPA) and the IUCN World Commission on Environmental Law (WCEL), in partnership with the Asia-Pacific Centre for Environmental Law (APCEL) and the Centre for International Law (CIL) at the National University of Singapore are pleased to organize this webinar on ‘Sharing lessons and progress in identifying Other Effective Area-based Conservation Measures’.

Background

At the fourteenth meeting of the Conference of the Parties to the Convention on Biological Diversity (COP CBD 14) in 2018, Parties adopted Decision 14/8 on ‘protected areas and other effective area-based conservation measures’ (OECMs), containing scientific and technical advice for OECMs. The decision defines an ‘other effective area-based conservation measure´ as:

“a geographically defined area other than a Protected Area, which is governed and managed in ways that achieve positive and sustained long-term outcomes for the in situ conservation of biodiversity, with associated ecosystem functions and services and where applicable, cultural, spiritual, socio–economic, and other locally relevant values.“

OECMs are expected to complement protected areas across landscapes and seascapes and enable the improved recognition and support for areas that are effectively and equitably managed as well as to achieve the long-term in situ conservation of biodiversity. OECMs are also referenced in Target 3 of the latest draft of the post-2020 Global Biodiversity Framework . It is expected that many CBD Parties will consider OECMs in addition to protected areas to achieve this target, if it is agreed by CBD COP15 in Kunming, China, in 2022. This raises the need to advance the discussion about the legal and regulatory framework for OECMs to ensure that they deliver the outcomes required by CBD parties.

Aims and Objectives

This webinar aimed to generate knowledge sharing and discussion about the legal and policy basis and aspects of OECMs, addressed how laws and policies enable the recognition of OECMs, the associated challenges, and how they addressed to enable the long-term conservation of biodiversity within OECMs. The objectives included the introduction of the CBD guidance for OECMs, a number of country case studies and the facilitation of a discussion among participants to develop an understanding of the opportunities and challenges posed by OECMs, the diverse approaches that may be considered for developing the legal and policy frameworks to support their recognition and their role in delivering biodiversity outcomes in the long-term.

More about the event at: https://law.nus.edu.sg/apcel/events/oecm13dec21/

8-9 December 2021: CIL Director Dr Nilüfer Oral was Invited to Moderate at the Informal Intersessional BBNJ High Seas Treaty Dialogues

Day 1 of the December High Seas Treaty Dialogues picked up on October discussions related to Implementation, Compliance and Dispute Settlement, it also focused on the relationship between the Institutional Arrangements under the future BBNJ agreement and relevant legal instruments frameworks and relevant global, regional, subregional and sectoral bodies. Day 2, which is moderated by Dr Nilufer Oral, focused on Marine Genetic Resources, including questions on the Sharing of Benefits and Transfer of Marine Technology.

10 December 2021: CIL Director Dr Nilüfer Oral was Invited to Speak at 2nd World Environmental Law Congress – High-level Judicial Segment on A Critical Decade for Environmental Law

This hybrid event reaffirmed, further developed, and advanced the 2016 IUCN World Declaration on the Environmental Rule of Law and the 2018 Brasilia Judicial Declaration on Water Justice, in light of the Marseille Manifesto and outcomes of the 2021 IUCN World Conservation Congress (September 2021), the recognition of a right to a clean, healthy and sustainable environment by the United Nations Human Rights Council (October 2021), the Kunming Declaration of CBD COP 15 (October 2021), and the outcomes of UNFCCC COP26 in Glasgow (November 2021).

The High-Level Judicial Event included discussions on the following topics:

• Climate Change, Biodiversity and the Environmental Rule of Law
• The Water Crisis and the 2018 Brasília Declaration of Judges on Water Justice
• Judicial Education on Climate Change and Biodiversity Law

Dr Nilufer Oral spoke at the session: Judges and the Oceans Crisis

More about the event at the link: https://www.iucn.org/commissions/world-commission-environmental-law/events-wcel/upcoming-events/role-judges-environmental-law-2030-and-beyond

1 December 2021: CIL Director Dr Nilüfer Oral was Invited to Speak at the Sixth International Conference on the Law of the Sea Hosted by the Ministry of Foreign Affairs of the Republic of Korea and organized by Korea Society of International Law (KSIL) and the International Tribunal for the Law of the Sea (ITLOS)

The Ministry of Foreign Affairs hosted the Sixth International Conference on the Law of the Sea from November 30 to December 1, 2021 together with the Korean Society of International Law and the International Tribunal for the Law of the Sea (ITLOS). The International Conference on the Law of the Sea has been held since 2016 to discuss the latest trends and progress in the research on the United Nations Convention on the Law of the Sea (UNCLOS) and to provide a venue for the judiciary and academia to share their invaluable insights on ways to develop the law of the sea.

This year, the conference was held under the theme of “Law of the Sea for the Next Generation: Challenges from New Technologies and Environmental Crises.” As Special Rapporteur Georg Nolte has duly put in his report to the International Law Commission in 2008, treaties change over time to adapt themselves to new situations and even evolve in some cases to meet the needs of the international community. UNCLOS is no exception. The convention, also referred to as “the Ocean Charter,” covered every aspect of the ocean, at least by the standards at the time of its conclusion. However, it has confronted a number of unexpected challenges during the last four decades. New marine technologies such as uncrewed maritime vehicles or autonomous maritime weapons have opened up new ways to explore the sea and conduct maritime activities, the strategic and legal implications of which were not accounted for when the states struck the deal for the convention. Also, environmental crises like global heating have shaken the very foundation of the convention, such as baselines or jurisdictional zones. The objective of this year’s conference was to deliberate on how the law of the sea has evolved in the course of addressing challenges since the conclusion of UNCLOS and whether such evolution has been a step in the right direction to ensure a healthy and resilient ocean for our future generation.

Dr Oral spoke at the session: “UNCLOS as the Nexus of Marine Protection Norms”

More information about the conference at this link: International Conference on the Law of the Sea | ICLS

24 November 2021: CIL Director Dr Nilüfer Oral was Invited to Moderate at the Detroits Straits International Symposium on 24 November 2021

Straits (Détroits) spaces are particularly salient given the growing importance of the maritime economy, an intensification of human migration and the pressing need to adopt ecological approaches for the management of seas, oceans or coastlines. Reconciling environmental, technical, sociological, maritime, logistical or legal issues, particularly those that arise in areas of cooperation, tensions and conflicts, demands strongly interdisciplinary approaches. In particular, such studies must integrate the operational expertise of actors who contribute to the management of straits. The Symposium, compared different straits and high-lights the diversity of practices and disciplines underpinning this emerging field, will reveal the richness and innovative nature of the straits research context. This inaugural meeting was expected to spur the development of new collaborations apt to favour the production of empirical and operationally grounded studies employing novel methodologies

On 15-16 November 2021, CIL Research Associate Maria Pia Benosa took part in the celebrations for the 82^nd Founding Anniversary of the Philippine Department of National Defense, themed “DND@82: Kapayapaan at Kaunlaran: Pamanang Hatid sa Sambayanan” (Peace and Progress: A Legacy for the Nation), which included a special webinar on the National Defense Act of 1935.

8 November 2021: CIL Director Dr Nilüfer Oral was Invited to Speak at the Launch of the “Research Handbook on Ocean Acidification Law and Policy”.

The Permanent Mission of Turkey to the United Nations, together with the Marine & Environmental Law Institute of Schulich School of Law at Dalhousie University, Centre for International Law at the National University of Singapore, and the University of Sydney, have the honor to invite you to a panel and book launch for the Research Handbook on Ocean Acidification Law and Policy Edited by David L. VanderZwaag, Nilüfer Oral, Tim Stephens.

CONCEPT

The United Nations General Assembly has recognized and reaffirmed that climate change is one of the greatest challenges of our time, including the adverse impacts on the ocean. In addition to sea level rise and ocean warming, ocean acidification is a threat to the health of the oceans and the millions who depend upon its resources for their livelihoods. Ocean acidification as a term was first coined in 2003 and is a phenomena that has only recently come to the attention of scientists and the international community.

The Research Handbook on Ocean Acidification Law and Policy (Edgar Elgar 2021), edited by three recognized experts in the fields of climate change and the law of the sea, is the first book to undertake scholarly legal analysis of the different aspects of ocean acidification. The Research Handbook investigates the limitations and opportunities for addressing ocean acidification under global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments, and also describes regional and national approaches and challenges in responding to ocean acidification.

The book launch took place as States met at COP26/CMA 3 in Glasgow at a critical time.

The panel discussed challenges for climate change and the ocean and possible ways forward.

Panelists:

David Vanderzwaag, Professor of Law and Canada Research Chair (Tier 1) in Ocean Law and Governance, Marine and Environmental Law Institute, Schulich School of Law, Dalhousie University, Canada,

Nilufer Oral, Director, Centre for International Law, National University of Singapore and United Nations International Law Commission member

Tim Stephens, Professor of International Law and Fellow of the Australian Academy of Law, University of Sydney Law School, Australia

Clement Yow Mulalap, Legal Adviser, Permanent Mission of the Federated States of Micronesia to the United Nations