Researchers' Activities

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ASEAN Law and Policy
CIL Researchers at the Asian Society of International Law, 9th Biennial Conference in Indonesia

TRILA Team co-organised the Junior Scholar Workshop at the University of Indonesia, Faculty of Law.

Public International Law
Danielle Yeow participated in an invitation only closed door roundtable on “Countermeasures in Cyberspace”

The  meeting discussed, among others, the status and content of the law of countermeasures as applied in cyberspace.

Director's Activities
ASIL ICTIG Event on the Topic: “The Role of International Courts and Tribunals Amidst the Conflict in Ukraine: Avenues for Justice and Peace?”

5 May 2023: CIL Director Dr Nilüfer Oral was Invited to Speak at the ASIL ICTIG Event on the Topic: “The Role of International Courts and Tribunals Amidst the Conflict in Ukraine: Avenues for Justice and Peace?”

Public International Law
Danielle Yeow was invited to attend the ASEAN Defence Meetings Meeting -Plus Chemical, Biological and Radiological Conference

Danielle Yeow was invited to attend the ASEAN Defence Meetings Meeting -Plus Chemical, Biological and Radiological Conference

Public International Law
Danielle Yeow spoke at the ICRC-CIL-SRC 1st Singapore International Humanitarian Law Roundtable on Technologies of Warfare and International Humanitarian Law (biological weapons)

Danielle Yeow spoke at the ICRC-CIL-SRC 1st Singapore International Humanitarian Law Roundtable on Technologies of Warfare and International Humanitarian Law (biological weapons)

Public International Law
Danielle Yeow was invited to speak at the inaugural UN-Singapore Cyber Fellowship programme (1-6 Aug)

The Fellowship, organised by the Cybersecurity Agency of Singapore and the UN Office for Disarmament Affairs, is the flagship programme under the UN-Singapore Cyber Programme. 

Public International Law
CIL’s eAcademy Teaching Assistant, Jiang Zhifeng, has been awarded the Koh Han Kok Prize – Best Student in Public International Law!

Jiang Zhifeng, a double degree law student at Yale-NUS College and the National University of Singapore (NUS) have been awarded the Koh Han Kok Prize. Best student in Public International Law.

Others
Tan Hsien-Li at the International Committee of the Red Cross 2022 Regional International Humanitarian Law Academic Roundtable

The roundtable was titled Pens to Practice: A Regional Exchange on Strengthening the Academic Circles’ Impact on IHL Implementation.

International Dispute Resolution
24 March 2022: Dr Romesh Weeramantry’s op-ed on Ukraine: Russia’s Post-Conflict Obligation to Compensate was published in the Straits Times

Dr Romesh Weeramantry, Head of International Dispute Resolution at CIL, has published an op-ed in the Straits Times entitled “Post-Conflict Ukraine: Russia’s Obligation to Compensate”.

Public International Law
US-ASEAN Cyber Dialogue – Fostering Digital Cooperation Across the Pacific – Danielle Yeow

Danielle Yeow is a member of the steering committee of the US-ASEAN Cyber Dialogue, a collaboration between the CIL, Columbia University’s School of International and Public Affairs and NTU’s S. Rajaratnam School of International Studies. The inaugural session of the Dialogue was convened on 22 Mar 2022.

Public International Law
Amiel Ian Valdez judged the Philip C Jessup Moot Competition – Philippine national rounds

The competition took place from 26 February to 4 March 2022. The top 3 teams will represent the Philippines in the international rounds which will run from 25 March to 10 April 2022.

Climate Change Law and Policy
30 June 2021: CIL Director Dr Nilüfer Oral was Invited to Chair a Session at the 28th ANZSIL Conference Which was Held from 30 June – 6 July 2021.

Dr Nilüfer Oral was invited to Chair a Session at the 28th ANZSIL Conference which was held from 30 June – 6 July 2021. This year’s theme for the Conference was “Inertia or Innovation? Reshaping International Law for a Complex Future”. Dr Nilüfer Oral chaired the session titled “Binding advisory opinions? Re-shaping procedure and substance in inter-state dispute settlement”

International Dispute Resolution
26 May 2021: Dr Romesh Weeramantry and Brian Chang co-author Oxford Bibliographies in International Law entry on Investor-State Conciliation and Mediation

This annotated bibliography provides an introduction to investor-State conciliation and mediation, and a snapshot of the major publications on this topic.

Director's Activities
6 May 2021: CIL Director Dr Nilüfer Oral Was Invited by the University of Essex to Participate at the Essex Public International Law Lecture: A Common But Differentiated Law of International Adjudication
6 May 2021: CIL Director Dr Nilüfer Oral Was Invited by the University of Essex to Participate at the Essex Public International Law Lecture: A Common But Differentiated Law of International Adjudication

 

About the lecture

Against the ever increasing resort to international courts and tribunals in their multifarious configurations, the lecture addresses commonalities and differences between them. Based on the characterizing features of their discernible mandate, three major adjudicative clusters are portrayed. Namely, a) traditional inter-state and investor-state litigation; b) international human rights litigation; c) international criminal litigation. The law of international adjudication is divided up between procedural law stricto sensu – intended as the set of rules strictly governing the conduct of proceedings –, and the body of principles and tenets which provide for the contents and boundaries of the powers and duties concerning the adjudicative decision-making process – i.e., non- liquet, ne ultra/ne infra petita, jura novit curia.  While the commonalities of strictly procedural law throughout different forms of international adjudication are fall well into chartered territory, the lecture will focus on the different modulations of the latter set of principles in relation to each of the three mentioned adjudicative contexts.

 

About the speakers

Professor Attila Tanzi

Attila M. Tanzi is Chair of International Law at the University of Bologna and Associate Member of 3VB Chambers. His recent Concise Introduction to International Law (2019) and treaties on international law in Italian (6th ed. 2019), testify to his characterisation as a PIL generalist. His fields of specialization include international procedural law, environmental law, investment law, the law of the sea, jurisdictional immunities, and the law of international organisations.

A Member of the Permanent Court of Arbitration, Conciliator at the OSCE Court of Conciliation and Arbitration Chairman of the Implementation Committee of the of the UNECE 1992 Convention on Protection and Use of Transboundary Watercourses and International Lakes. He has been Visiting Professor at Queen Mary University of London, Université Paris II-Panthéon Assas, University of Vienna and Université Paris Nanterre and formerly visiting fellow, inter alia, at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is going to give a special course at The Hague Academy of International Law on The Principle Iura Novit Curia in International Judicial and Arbitral Proceedings next summer. He serves as Counsel in inter-state litigation and as an arbitrator in investor-states disputes.

 

Dr Nilüfer Oral

Nilüfer Oral is Director of the Centre of International Law (CIL) at the National University of Singapore and is a member of the law faculty at Istanbul Bilgi University, Turkey. She is member of the UN International Law Commission and Co-chair of the Study Group on Sea-level rise in relation to international law. She served as climate change negotiator for the Turkish Ministry (2009 – 2016). She has also appeared before the International Tribunal for the Law of the Sea. Nilufer Oral is a Distinguished Fellow of the Law of the Sea Institute at Berkeley Law (University of California Law Berkeley); Senior Fellow of the National University of Singapore Law School; and Honorary Research Fellow at University of Dundee. She is a member of the IUCN-WCEL Steering Committee. She was elected to the IUCN Council 2012-2016 and served as the Co-chair of the WCEL Specialist Group on Oceans, Coasts and Coral Reefs. Dr. Oral is the series editor for the International Straits of the World publications (Brill); member of the Board of Editors of the European Society of International Law Series; Board of Editors of the International Journal of Marine and Coastal Law; Associate Editor of the Research Perspectives in the Law of the Sea (Brill); Board of Advisors for the International Law Studies Journal and International Advisory Board, and Chinese Journal of Environmental Law (Brill). She has published numerous articles edited several books, and has spoken at many international conferences.

 

About the Essex Public International Law Lecture Series

The Essex Public International Law lecture series is founded, hosted and co-chaired by Dr Meagan Wong and Dr Emily Jones based in the School of Law. This is a weekly lecture series featuring judges of international courts and tribunals, leading academics, and practitioners of international law from governmental service, international organizations, and private practice from across the globe. The series prides itself on building on two important intellectual traditions of international law: formalism and international legal practice, and international legal theory including postcolonial and feminist perspectives.

International Dispute Resolution
May 2021: Dr Romesh Weeramantry appointed to Sri Lankan Minister of Justice’s Expert Committee

Dr Romesh Weeramantry, Head of International Dispute Resolution at CIL, has been appointed to the Sri Lankan Minister of Justice’s Expert Committee to advise on the drafting of a new Arbitration Act for Sri Lanka

Public International Law
26 March 2021: Amiel Ian Valdez presented on International Environmental Law before the lawyers and legal staff of the Department of Environment and Natural Resources of the Philippines

Amiel Ian Valdez was invited to speak on 26 March 2021 before the lawyers and legal staff of the Philippine Department of Environment and Natural Resources (DENR) Legal Affairs Service, and representatives of the DENR Climate Change Division and International Affairs Office. The event is part of the continuing legal education programme of the DENR for its staff.

Director's Activities
18 November 2020: CIL Director Nilüfer Oral Speaks at Conference on Pandemics and International Law

Dr Nilüfer Oral spoke at the online conference titled Pandemics and International Law: The Need for International Action, on 18 November. The event was  co-organised by Washington College of Law and its Academy on Human Rights and Humanitarian Law; the Centre for International Law; the Vietnamese National University, Hanoi, School of Law; the Autonomous University of Lisbon; the Florida International University College of Law; and the WCL chapter of the International Law Student Association.

 

Dr Oral spoke alongside Professor Patrícia Galvão Teles, Professor Claudio Grossman, Professor Charles C Jalloh and Professor Nguyễn Hồng Thao. The event was moderated by Professor Claudia Martin.

Director's Activities
10 November 2020: CIL Director Nilüfer Oral Speaks at Closing Address of The Public International Law Year in Review

Dr Nilüfer Oral was invited to speak at the online closing address of the Public International Law Year in Review on 10 November. The event was co-organised by Essex Court Chambers, Essex Court Chambers Duxton (Singapore Group Practice), Fietta LLP, Rajah & Tann Singapore LLP, and The Sydney Centre for International Law.

Dr Oral spoke on ongoing negotiations for a legally binding agreement on the conservation and sustainable use of biological diversity in areas beyond national jurisdiction. Other panellists were Sir Michael Wood, Rodman Bundy and Dr Emily Crawford. The event was moderated by Jackie McArthur and Ryce Lee. At the end of the webinar, Professor Vaughan Lowe QC of Essex Court Chambers, and the University of Oxford, rounded off the session by giving the closing remarks.

Public International Law
1 August 2019: Research Associate Eugenio Gomez-Chico Presents Paper at Critical Approaches to International Law Symposium

Research Associate Eugenio Gomez-Chico participated in the Critical Approaches to International Law Symposium, organised by Griffith College in Dublin from 1 to 4 August.

In his paper ‘Human Rights Courts of the Global South as creators of International Law’, Mr Gomez-Chico explored how the Inter-American Court of Human Rights and the African Court of Human and Peoples’ Rights approach international law: neither embracing it completely nor fully rejecting it, but rather adapting to international legal principles for their purposes, thus ‘indigenising the universal’.

International Dispute Resolution
10 June 2019: CIL Researchers Sit as Arbitrators in Vietnam National Rounds of FDI International Moot

For the second consecutive year, CIL was represented in the pool of arbitrators of the Vietnam National Rounds of the FDI International Moot. Research Associate Eugenio Gomez-Chico and Research Consultant Emily Choo sat as arbitrators for various rounds, including the quarter-finals, semi-finals and the final match of the event. This year, team Rigaux from Hanoi Law University won against 14 other teams, advancing to the regional rounds in Seoul, South Korea.

In addition to participating as arbitrators, Ms Choo delivered a lecture on ‘The Impact of Amicus Curiae Interventions in Investor-State Disputes’, and Mr Gomez-Chico spoke on ‘How to Prepare and Win an FDI Moot Competition’ in the workshop.

Public International Law
7 June 2019: Research Associate Eugenio Gomez-Chico Meets Scholars in Hanoi as Part of TRILA’s Outreach Effort

As part of the outreach efforts of the CIL’s TRILA (Teaching and Researching International Law in Asia) programme led by Professor Tony Anghie, Research Associate Eugenio Gomez-Chico met scholars in Hanoi to discuss possibilities of collaboration: Dr Toan Thang Nguyen, Head of the Comparative Law Department at Hanoi Law University; Dr Nguyen Thi Hong Yen, Head of the Public International Law Division at Hanoi Law University; Dr Hai Yen Trinh, Vice Dean of International Law at the Diplomatic Academy of Vietnam; and Mr Nguyen Huu Phu, Head of International Law and Treaties at the Ministry of Foreign Affairs of Vietnam, and representative of the Vietnam Society of International Law.

The attendees discussed the importance of teaching and researching international law in their respective universities, the challenges faced by scholars in Vietnam, and their materials and techniques for teaching international law courses. Mr Gomez-Chico shared with them the progress of the TRILA programme, and invited their inputs on what would be most useful for local scholars regarding future CIL TRILA workshops in Vietnam.

Public International Law
29 May 2019: CIL TRILA Delegation Visits Paññāsāstra University of Cambodia

Professor Antony Anghie (Head of International Law Teaching) and Research Associate Eugenio Gomez-Chico visited the Paññāsāstra University of Cambodia (PUC) on 29 May, as part of the outreach efforts of CIL’s Teaching and Researching International Law in Asia (TRILA) Programme. The visit was arranged by Mr Thol Theany, lecturer of international law at PUC, who participated in the TRILA Conference in 2018. Mr Thol and his colleague, Mr Phan Daro, shared with the CIL delegation their experience as teachers and researchers in Cambodian academia, in particular at PUC.

The CIL delegation met the university students from the master’s programme in international law and human rights and the bachelor’s programmes in law and international relations. The group engaged in a lively conversation on the students’ interest in international law and insights into the main international legal challenges facing Cambodia. The students overwhelmingly pointed to human rights as the area most relevant to their work, as many of them work in NGOs and government positions related to the topic.

Then Professor Anghie gave a lecture on the historical background of the current international legal order, emphasising the origins of human rights law and Asia’s role in the development of international law.

International Dispute Resolution
3 March 2019: Research Consultant Emily Choo Serves as Judge at Vietnam CISG Pre-Moot

Research Consultant Emily Choo was a judge at the Vietnam CISG Pre-Moot. She was previously invited to judge the national rounds of both the Foreign Direct Investment Moot and the Red Cross International Humanitarian Law Moot.

Director's Activities
13 February 2019: CIL Director Lucy Reed Speaks at ISDS Reform Conference Organised by Asian Academy of International Law and Hong Kong SAR Department of Justice

On 13 February 2019, Director Lucy Reed participated in the conference on ‘ISDS Reform: Mapping the Way Forward’ organised by the Asian Academy of International Law (AAIL) and the Hong Kong SAR Department of Justice. The welcoming speakers included Ms Teresa Cheng GBS SC JP, the Hong Kong SAR Secretary for Justice. The conference featured four panels—Investment Mediation, Appeal Mechanism for ISDS Awards, Third Party Funding in ISDS and Appointment of Arbitrators—and an Oxford Union style Debate on whether a Permanent Investment Court is a possible solution to ISDS problems. In an innovative approach, each panel had the benefit of a detailed discussion paper by a young private or government practitioner.

Professor Reed spoke on the Investment Mediation panel, on the topic of how to incentivise host governments and investors to use investor-State mediation. Also on the panel were (as pictured) Dr Anthony Neoh (AAIL Chairman), Professor Jack Coe from Pepperdine Law School and Paul Starr from King & Wood Mallesons. The discussion paper was from David Ng of the Hong Kong SAR Department of Justice.

International Dispute Resolution
8 January 2019: Practice Fellow Rachel Tan’s Team Won ECC-SAL International Mooting Competition

 Rachel Tan Xi’en (CIL Practice Fellow) and Dana Chang (Wong Partnership) emerged champions at the Essex Court Chambers–Singapore Academy of Law (ECC-SAL) Mooting Competition 2019, after five rounds of competition. They won against the team from Wong Partnership in the final round held on 8 January 2019 at the Supreme Court of Singapore.

The ECC-SAL Moot is open to young lawyers from around Asia who have been qualified for no more than three years, to hone their advocacy skills. This year’s topic involved a dispute before the Singapore International Commercial Court concerning the question of the implication of terms in a contract and the validity of entire agreement clauses. The moot finals were judged by Justice Kannan Ramesh (Supreme Court of Singapore), David Foxton QC (Head of Essex Court Chambers) and Ng Jern-Fei QC (Essex Court Chambers).

Ocean Law and Policy
5–7 December 2018: Senior Research Fellow Youna Lyons Delivers Keynote Speech to International Conference on Plastics in the Marine Environment (ICPME) 2018

Senior Research Fellow Youna Lyons was invited as a keynote speaker to the International Conference on Plastics in the Marine Environment (ICPME) 2018, hosted by the National University of Singapore on 5–7 December 2018. The programme of the conference provided a comprehensive discussion of issues related to the introduction of plastic in the marine environment from the perspectives of plastic chemists and biochemists, marine ecologists, oceanographers, human health, pollution monitoring, and research on marine ecological and socio-economic impacts. It also included a discussion of the international legal framework and possible paths to tackle the issue, including the development of a circular economy and other solutions for the future.

Ms Lyons presented the status and prospects of the international legal framework to manage marine plastics in Southeast Asia. The presentation identified the possible angles of an ocean law and policy approach to the issue of marine plastic pollution and provided an overview of the international legal framework. It emphasised relevant provisions from the United Nations Convention on the Law of the Sea, which can be used to frame scientific research on marine plastic in order to inform the content of states’ obligation to protect and preserve the marine environment in this context. Ongoing working groups in different international and regional bodies and their respective importance were also highlighted. The presentation slides can be downloaded here.

International Dispute Resolution
21 November 2018: Practice Fellow Rachel Tan Xi’en Wins 2018 CIArb Competition

Practice Fellow Rachel Tan Xi’en won the 2018 CIArb Competition on 21 November 2018. The essay competition is organised by the Singapore branch of the Chartered Institute of Arbitrators. The essay topic concerns a scenario on a culture clash between common and civil law procedures and the different approaches to taking evidence in international arbitration in the two legal systems. It invites entrants to submit a draft procedural order and an explanatory note to that order. The judging panel comprised Ms Judith Gill QC and Mr Duarte G Henriques.

This is the third time that a CIL researcher has won the CIArb Competition. In 2013 and 2015, Harpreet Kaur Dhillon and James Losari won the competition respectively.

ASEAN Law and Policy
8–10 November 2018: Research Associate Melissa Loja Presents Paper at 2018 ASIL Research Forum in Los Angeles

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.

Director's Activities
15 September 2018: CIL Director Delivers Keynote Address at Conference in Commemoration of Professor David D Caron at University of California, Berkeley

CIL Director Lucy Reed delivered a keynote address on 15 September 2018 at the Conference in Commemoration of Professor David D Caron held at the Boalt Hall School of Law, University of California at Berkeley. At the time of his tragic, premature death in February 2018, Professor Caron was sitting as a judge on the Iran-US Claims Tribunal, an ad hoc judge in two ICJ cases, and an arbitrator in several complex international arbitrations. He was formerly Dean of the Dickson Poon School of Law at Kings College London and a chaired professor of law at Berkeley. Professors Reed and Caron, who were friends for some 35 years, had both served as President of the American Society of International Law and Chair of the Institute for Transnational Arbitration.

The conference, entitled ‘The Elegance of International Law’, featured high-level panels focussed on Professor Caron’s main areas of interest: international dispute resolution, legitimacy of international law and institutions, and the law of the sea and international environmental law. In her keynote—‘The David Caron Rule of X’—Professor Reed described and developed a lecture Professor Caron gave at the opening of the year in September 2017 at MIDS (Masters in International Dispute Resolution) at the Graduate Institute in Geneva. This was a work in progress, in which Professor Caron focussed on the need for international arbitrators to exercise personal discipline to limit their caseloads to the number of arbitrations they can responsibly handle—namely, a personal ‘X’ number of arbitrations—and thereby facilitate the process of more appointments for a more diverse pool of arbitrators.

The conference papers will be published by the Berkeley Journal of International Law and the Ecology Law Quarterly.

Ocean Law and Policy
13 September 2018: CIL Researchers Present Papers at 14th Annual Conference of European Society of International Law

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.

Investment Law and Policy
10–12 September 2018: Research Fellow Dafina Atanasova Participates in Trade Law Forum Incheon 2018

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.

ASEAN Law and Policy
6–7 September 2018: Research Assistant JR Robert Real Participates in Philippine Society of International Law Inaugural National Conference

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.

International Dispute Resolution
24–27 August 2018: Team Coached by Research Associate Rachel Tan Emerges Runner-Up Team at ALSA Investment Law Moot

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.

Ocean Law and Policy
19–24 August 2018: CIL Researchers Participate in International Law Association Biennial Conference in Sydney

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’.  

Investment Law and Policy
12–14 July 2018: CIL Researchers Present at SIEL Biennial Conference 2018

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.

International Dispute Resolution
7–8 July 2018: CIL Researchers Invited to Judge Inaugural FDI International Arbitration Moot in Vietnam

CIL Researchers Ms Emily Choo and Mr Eugenio Gomez-Chico were invited to judge the inaugural Foreign Direct Investment International Arbitration Moot (FDI Moot)—Vietnam National Round (7–8 July 2018). The moot was hosted by the Ho Chi Minh University of Law and organised by the Vietnam Society of International Law. The national round is part of the FDI Moot organised by the Center for International Legal Studies, which aims to help future lawyers attain a practical understanding of investment law issues, and offers a unique forum for academics and practitioners from around to world to discuss developments and assess emerging talents. The winning teams were from the Diplomatic Academy of Vietnam and Ho Chi Minh University of Law.

Director's Activities
2–3 July 2018: CIL Director Lucy Reed Speaks at ‘Forum on the Belt and Road Legal Cooperation’ in Beijing

CIL Director Lucy Reed spoke at the ‘Forum on the Belt and Road Legal Cooperation: Rules and Coordination’ in Beijing on 2–3 July 2018. The conference was co-hosted at the Diaoyutai State Guesthouse by the Ministry of Foreign Affairs of China and the China Law Society, with the Chinese Foreign Minister HE Wang Yi giving the keynote speech. The legal focus—the so-called ‘soft connectivity’ of Belt and Road Initiative (BRI)—was underscored by the identity of the co-sponsors: Chinese Society of International Law, China University of Political Science and Law, University of International Business and Economics, Beijing Law Society, and Department of Justice of the Government of Hong Kong SAR.

Professor Reed spoke on arbitration and mediation of investor-state disputes, on the panel ‘The BRI and International Dispute Settlement’. The other main panels addressed ‘The BRI and International Rule of Law’, ‘Rules, Treaties and Laws Supporting the BRI’, and ‘BRI Legal Exchange and Cooperation’. The conference had over 350 invited participants from Asia, Africa, Eastern Europe, the Caribbean and South America.

ASEAN Law and Policy
2–3 July 2018: Research Assistant JR Robert Real Presents Paper at Human Dignity in Asia Conference in Taipei

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.

ASEAN Law and Policy
25–27 June 2018: Research Assistant JR Robert Real Presents Paper at ICON-S Annual Conference in Hong Kong

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.

Others
21–22 June 2018: CIL Successfully Holds TRILA Conference

CIL successfully organised its inaugural Teaching and Researching International Law in Asia (TRILA) conference on 21–22 June 2018 at the NUS Faculty of Law. Bringing together 144 participants from 34 countries, the TRILA conference provided a platform for junior and senior researchers and faculty members to meet and collaborate on teaching and researching international law in Asia.

The TRILA Conference opened with a rousing keynote address by Judge Raul C Pangalangan of the International Criminal Court, exploring in-depth the role of international law in Asia. Its first day, focussed on teaching, investigated the methods of imparting knowledge and inspiring passion in Asian students of international law, the challenges faced by Asian international law lecturers, and the areas of international law most pertinent to international practice. The second day, focussed on research, involved expositions on the role of history, theory and identity in Asian international law scholarship, the production of quality research in international law, and the obstacles to research faced by Asian scholars. The event closed with a thought-provoking and hopeful prospectus on international law teaching and research in Asia.

CIL’s TRILA conference reflects the commitment of NUS Faculty of Law in promoting international law scholarship in Asia, continuing the work of the 1964 Round Table on the Teaching of International Law and Relations, and the TRILA Conference of 2001. Very fittingly, Professor Tommy Koh (Chairman of CIL’s Governing Board) and Professor S Jayakumar (Chairman of CIL’s International Advisory Panel), both pioneers in this project, were present at the opening of the conference. The conference was preceded by a one-day Junior Faculty Workshop, which gave young scholars the valuable opportunity to have their work critiqued by a panel of senior faculty, consisting of leading voices in international law.

Director's Activities
13 May 2018: CIL Director Professor Lucy Reed Speaks at ‘The Rise of International Commercial Courts’ Conference at Qatar University

CIL Director Professor Lucy Reed spoke at the international conference on ‘The Rise of International Commercial Courts’ at Qatar University on 13 May 2018. Professor Reed spoke about the Singapore International Commercial Court on a panel discussing comparative features of international commercial courts, including the Qatar International Court and Dispute Resolution Centre. The keynote speaker for the conference was Justice Ramesh Kannan of the Singapore High Court.

Director's Activities
15–20 April 2018: CIL Director Lucy Reed Speaks at ICCA Congress and AMINZ-ICCA International Arbitration Day

CIL Director Professor Lucy Reed spoke on the opening plenary panel of the bi-annual Congress of the International Council for Commercial Arbitration (ICCA) in Sydney, Australia. The panel theme was ‘Law-Making in International Arbitration: What Legitimacy Challenges Lie Ahead?’, and Professor Reed spoke on arbitration tribunals as lawmakers. Professor Stephan Schill of the University of Amsterdam moderated the panel, and the other panellists were Singapore Chief Justice Sundaresh Menon, ICC Court of Arbitration President Alexis Moure, and Professor Thomas Schultz of Kings College London. All the papers will be published in the official ICCA Congress Series (Wolters Kluwer).

Professor Reed also spoke at the follow-on AMINZ-ICCA International Arbitration Day in Queenstown, New Zealand, where the theme was ‘Making Arbitration Work in a Changing World: A Pacific View’. She was the commentator on Daniel Kaldermis’s keynote lecture entitled ‘International Arbitration in a Brave New World’.

ASEAN Law and Policy
5 April 2018: Research Associate Ms Melissa Loja Presents at Annual Meeting of the American Society of International Law

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.

Director's Activities
1 February 2018: CIL Director Lucy Reed Speaks at the Supreme Court on SICC’s Potential to Advance the Rule of Law

On 1 February 2018, CIL Director Professor Lucy Reed spoke at a programme at the Supreme Court entitled ‘The Singapore International Commercial Court’s potential to advance the rule of law’. The conference was sponsored by the Singapore International Commercial Court (SICC), the Singapore International Law Association and Freshfields (Singapore). The speakers included two judges on the SICC, Justice Quentin Lowe and Sir Vivian Ramsey, as well as Mr Francis Xavier SC of Rajah & Tann, and Mr Nicholas Lingard and Mr Robert Kirkness of Freshfields. Professor Reed spoke on what characteristics make an international commercial court truly international.

Director's Activities
29–31 January 2018: CIL Director Lucy Reed Serves as Faculty at the 2017 Summer Institute of the ASEAN Human Rights Resource Centre

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.

Director's Activities
9–11 November 2017: CIL Director Lucy Reed Speaks at the 2017 Seoul ADR Festival

CIL Director Professor Lucy Reed represented the Centre at several events at the 2017 Seoul ADR Festival during the week of 6 November. At the joint programme of the Singapore International Arbitration Centre (SIAC) and the Korea Commercial Arbitration Board (KCAB) on ‘Multiple Proceedings in Multiple Fora: Strategies and Synergies’, Prof Reed delivered the keynote address and was a speaker on the panel on ‘Consolidation and Joinder under Arbitral Institutional Rules’. She also spoke on the panel on International Investment Dispute Settlement, addressing ‘Momentum on Procedural Reforms:  The Way Forward’. Prof Reed was interviewed at the Young Arbitration Practitioners’ Forum ‘Fireside Chat’ organised by Young SIAC and the Korean Council for International Arbitration, and served as faculty for the second annual Seoul Academy for International Arbitration.

Director's Activities
25 October–2 November 2017: CIL Organises and Participates in the Singapore International Arbitration Academy

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.

Director's Activities
23 October 2017: CIL Director Lucy Reed Delivers Seoul Arbitration Lecture 2017

On 23 October 2017, CIL Director Lucy Reed delivered the Seoul Arbitration Lecture 2017, sponsored by the Seoul International Dispute Resolution Centre. The lecture title was ‘Suite for ISDS: Mediation, Arbitration and Appellate Bodies’. She addressed the need for lawyers practising in the field of investment treaty arbitration to expand their repertoire or suite of skills to keep up with developments. On the one hand, it is important to be prepared for the new investment court system envisioned in the new EU-driven free trade agreements and, on the other hand, to play a more active role in furthering settlements of suitable disputes by mediated negotiations. The audience comprised over 100 Korean ministry representatives, practitioners and academics.

International Dispute Resolution
19 September 2017: CIL Research Assistant Rachel Tan Wins a Christopher Bathurst Prize

At a reception at the Asian Civilisations Museum on the evening of 19 September, Fountain Court Chambers announced the winners of the Christopher Bathurst Prize 2017. The prize is an annual writing competition, named in honour of the late Christopher Bathurst QC, who was a long-standing senior member of Fountain Court Chambers with strong ties to Singapore. The prize is open to full-time students enrolled at the National University of Singapore Faculty of Law or the Singapore Management University School of Law, and lawyers under 30 years old qualified under the Legal Profession Act. The prize is supported by the Singapore Academy of Law.

Director's Activities
12 September 2017: CIL Director Lucy Reed Delivers John E.C. Brierley Memorial Lecture at McGill

On 12 September 2017, CIL Director Professor Lucy Reed delivered the John E.C. Memorial Lecture at the McGill Faculty of Law in Montreal. The title of Lucy’s lecture was ‘International Dispute Resolution Courts: Retreat or Advance?’, and she focused on the recent progress of the Singapore International Commercial Court. Lucy was introduced by McGill Dean Robert Leckey and Mr Pierre-Olivier Savoie. Professor Fabien Gelinas and Mr Stephen Drymer of Woods led the discussion that followed the lecture.