Researchers' Activities

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.

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.

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.

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.

 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).

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.

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.

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.

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.

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 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 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.

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.

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’.  

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.

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.

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.

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

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

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

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

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.

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.

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’.

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.

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.

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 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.

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.

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.

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.

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.

On 11 September 2017, CIL Practice Fellow Ms Emily Choo participated, upon invitation, in a Young Public International Law Group (YPILG) debate. The YPILG is a network of young public international law (PIL) practitioners from law firms, the bar, international organisations, governments and academic institutions around the world. The purpose of YPILG is to connect early to mid-career PIL practitioners to one another, to facilitate exchanges of ideas and knowledge sharing in the PIL field, and to promote the next generation of PIL professionals. This debate was the YPILG’s first event in Asia.

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

CIL Director, Professor Lucy Reed, represented the Centre and spoke at the inaugural colloquium on International Law of the Asian Academy of International Law (AAIL) in Hong Kong on 7-8 July 2017. The theme of the colloquium was ‘Common Future in Asia’, with panels on ‘One Country Two Systems: Interaction with International Law’, ‘Investment Collaboration: Opportunities and Challenges for Asia’, and ‘Interpretation of Treaties and UNCLOS: The Regime of Islands, Rocks and Offshore Archipelagos’. The welcome and keynote speakers included the new Hong Kong Chief Executive Mrs Carrie Lam, GBM, GBS; Mr Rimsky Yuen, GBM, SC, JP, Secretary for Justice of Hong Kong; Professor Teresa Cheng SC, Chairman of the AAIL; Dr Li Shishi, President of the Chinese Society of International Law; Professor Zhang Yuejiao, Former WTO Appellate Body Member and Chair; Mr Liu Zhenmin, Vice Minister for Foreign Affairs of China (by video); and Mr Xie Zhenhua, Special Representative for Climate Change Affairs of China.

On 15 June 2017, CIL Director Professor Lucy Reed spoke at the public seminar programme on ‘Investor-State Mediation: Perspectives from States, Mediators & Practitioners’ sponsored by ICSID and the American University Washington College of Law Center on International Commercial Arbitration. Lucy again presented the results of the CIL Survey, in the broader context of legitimate versus perceived obstacles to State settlement of investor disputes. 

On 12–14 June 2017, CIL Director Professor Lucy Reed and Research Assistant Seraphina Chew attended the inaugural Investor-State Mediator Training at World Bank Headquarters in Washington DC sponsored by the Bank’s International Centre for Investment Disputes (ICSID), the Centre for Effective Dispute Resolution (CEDR), the International Mediation Institute, and the International Energy Charter (ECT). This training initiative reflects the increasing interest in mediation and conciliation of investor-State disputes, either before or while the parties resort to international arbitration. Lucy and Seraphina presented the results of CIL’s survey on obstacles to settlement of investor-State disputes, as part of training the participants to identify the inherent impediments States face in voluntarily settling disputes with investors. Other speakers included Meg Kinnear, Secretary-General of ICSID; Karl Mackie, co-founder of CEDR; Anna-Joubin-Bret, a drafter of the IBA Rules on Rules for Investor-State Mediation; and Alejandro Carballo Leyda, General Counsel of the ECT.

Professor Lucy Reed, CIL Director, represented the Centre at the 111th Annual Meeting of the American Society of International Law in Washington DC on 12–15 April 2017. Professor Reed was President of the American Society of International Law from 2008 to 2010. With the topical theme of ‘What International Law Values’, highlights of the meeting included: the Grotius Lecture by Harvard University Professor David Armitage entitled ‘Civil War Time: From Grotius to the Global War on Terror’; an interview by New York University Law School Professor Philip Alston of Hudson Medal Winner Professor Georges Abi-Saab; an Assembly address by Professor Philippe Sands on the origins of the ideas of ‘genocide’ and ‘crimes against humanity’ as illustrated in his new book East West Street; and a keynote address by the new General Counsel of the World Bank Group, Ms Sandie Okoro, on gender-based violence entitled ‘Seen and Not Heard’. NUS Law Faculty Dean and CIL Board Deputy Chairman, Professor Simon Chesterman, spoke on the panel on ‘Claims Against the United Nations: From Within and Without’. Ayelet Berman, soon to join CIL as a Senior Research Fellow, spoke on the panel on “The Rise of Multistakeholder Global Governance’. Professor Reed, Dean Chesterman and NUS Professor Tony Anghie attended the Colleague Societies Breakfast as representatives of the Asian Society of International Law. [Photos]

On 22–23 February 2017, CIL Director Lucy Reed participated in several events at Pepperdine University School of Law in California, which is the home of the well-known Straus Institute for Dispute Resolution. Professor Reed was interviewed by Professor Tom Stipanowich, Dean of the Straus Institute, and Ms Maria Chedid, arbitration partner at Baker & McKenzie in San Francisco, in the inaugural international commercial arbitration ‘A Conversation With…’. Professor Reed spoke to Pepperdine/Straus law students and LLM candidates about the practice of international arbitration and, having judged the final Vis Moot rounds in both Vienna and Hong Kong, was warmly welcomed by the Vis team to sit a practice round. Professor Reed also had meetings on arbitration curricula, including with Professor Jack Coe, a leading international arbitration academic and rapporteur for the American Law Institute’s Restatement of the U.S. Law of International Commercial Arbitration.

On 16 February 2017, CIL’s Christopher Thomas QC was a discussant at the symposium on “International Investment Arbitration Across Asia” organised by the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS) and by the Sydney Centre for International Law (SCIL). The following day, he spoke at the “SCIL International Law Year in Review Conference” on the prospects for and challenges to plurilateral and multilateral treaties in the area of international investment protection.

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.

On 27 October 2016, CIL Director Lucy Reed delivered the 31st Queen Mary University–Freshfields Arbitration Lecture in London, on the topic of ‘Ab(use) of Due Process: Sword vs Shield’. Professor Reed, who for many years led the Freshfields International Arbitration Group, framed her topic with the example of Donald Trump impugning the US federal judge who is presiding over a case against Trump University, by claiming the Mexican heritage of the judge—who was born and raised in Indiana—is biased because of Trump’s plans to construct a wall at the Mexican border if he is elected President.

Professor Reed described a growing trend in international arbitration for the unreasonable invocation of procedural complaints ‘under the banner of due process’ as a ‘brazen strategy’ to seek to pressurise arbitral tribunals. Her thesis was that arbitral tribunals should not allow parties to conflate routine procedural complaints (however stridently or repeatedly articulated, as Trump has done in interviews) with genuine ‘due process’ violations which have the potential to undermine the legitimacy of the arbitral process.

Defining due process as ‘a person’s right not to be deprived as property or other rights without the opportunity to represent themselves before neutral judges’, Professor Reed outlined the historical evolution of the concept of due process as a shield for legitimacy in international arbitration, before providing some practical illustrations of the strategy of (ab)using due process as a sword to influence the outcome. She focused on the boundaries and grey areas between routine procedural complaints and true due process violations. She concluded by urging arbitrators to confront the strategy, to prevent toleration leading to normalisation.

Due process, in Professor Reed’s words, ‘is meant to be a shield against procedural unfairness’ and for a party to ‘gleefully use due process as a sword is to cheapen due process’. As she concluded: neither Zorro nor the Three Muskeeters should be welcome in international arbitration hearing rooms.

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]

On 20 July 2016, CIL Director Lucy Reed participated in the Panel Discussion on The Rule of Law and Dispute Resolution held in Singapore. The panel discussion, which was accompanied by a performance by the Temple Church Boys’ Choir from London, was moderated by Chief Justice Sundaresh Menon and was jointly organised by The Honourable Societies of Inner and Middle Temple, The Temple Church and Singapore Academy of Law. To view the eBrochure, please click here. [View photo]

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 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.

CIL Research Fellow Junianto James Losari attended the Southeast Asia Law Scholars Colloquium held by Universitas Indonesia in Jakarta, Indonesia on 22 October 2015. James presented a paper that he co-wrote with A/P Michael Ewing-Chow titled “Multiple Authorisation: The Complexity of Desentralisasi in Indonesia and the Potential Contribution of IIAs in Resolving Confusion”. James discussed the problems posed by the desentralisasi system on foreign investors in Indonesia. Subsequently, he suggested ways to alleviate the problems by utilising Indonesia’s existing IIAs to discipline the regional governments. To view his presentation, click here.

CIL Research Associate Mark Huber attended the Centre for International Dispute Settlement’s International Conference on “International Dispute Settlement on the Crossroads of Public and Private International Law”, in Geneva, Switzerland on 25 September 2015. The conference discussed the public and private paradigms in investment treaty arbitration, the intersection between the trade and investment regimes, and conflicts, coordination and international responsibility in international arbitration and domestic litigation.

CIL Research Associate Mark Huber attended the British Institute of International and Comparative Law Investment Treaty Forum’s Twenty-fifth ITF Public Conference, “The ICSID Convention at 50”, in London, England on 18 September 2015. This meeting of the Investment Treaty Forum, organised in partnership with the ICSID Secretariat, discussed the history of the ICSID Convention, the legal issues raised in its interpretation and application, and its continuing role in the investment treaty regime.

CIL Senior Research Fellow Dr Hao Duy Phan and CIL Research Fellow Ranyta Yusran attended the 11th Annual Conference of the European Society of International Law in Oslo, Norway from 10-12 September 2015. The Conference was hosted by the PluriCourts Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order, University of Oslo.

CIL Practice Fellow Ms Harpreet Kaur Dhillon was invited to act as one of four instructors in a workshop in Nay Pyi Taw, Myanmar, from 6 to 8 July 2015 on ‘Public Policy and Investor State Dispute Settlement’, jointly organised by Myanmar’s Attorney-General’s Office and the International Commission of Jurists (Myanmar). It was attended by more than 60 government officials from across Myanmar, and presided over by Myanmar’s Attorney-General and Director-General. She taught in two 90-minute sessions on defences in investment treaty law, paying close attention to Myanmar’s existing investment treaties. She also developed, led and participated in exercises based on a simulation of an investor-state dispute that arises between Myanmar and investors of an ASEAN neighbour. To download Harpreet Kaur Dhillon’s PowerPoint Presentation, click here.