Researchers' Activities

2 February 2022: CIL Director Dr Nilüfer Oral was Invited to Lecture at the LinCEJ Seminar Series of the Lincoln University Law School (UK) on Sea Level Rise and the Work of the International Law Commission

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).

Danielle delivered a guest lecture on 21 Jan 2022 at the NUS Climate Change Law and Policy module convened Visiting Prof Douglas Kysar. Danielle spoke on the negotiations process and her perspectives as a former legal advisor and climate change negotiator.

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)

CIL Research Associate Annabelle Teo participated in various events during the International Conference on the Safe and Secure Transport of Nuclear and Radioactive Materials, which was held virtually from 13 to 17 December 2021. The conference was organised by the International Atomic Energy Agency (IAEA) and focused on issues relating to transport safety, transport security and the interface between them, with the objective of supporting Member States in further developing and strengthening their transport safety and security regulatory infrastructures.

Relevant topics covered over the course of the week include: (i) the main transport considerations and challenges for Small Modular Reactors (SMRs) in realising the prospect of global deployment of SMRs; (ii) the call for enhanced regional networks addressing transport safety and security in a coordinated manner, including within the Asia and Pacific Islands region; (iii) the exchange of good practices and experience, including presentations from ASEAN Member States such as Indonesia and Myanmar on the development of transport regulations and the exercise of regulatory oversight; and (iv) the IAEA’s past work and future plans to promote effective management of the transport safety-security interface. Details of the event and speakers are available in the conference programme.  

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.

8 December 2021: CIL Director Dr Nilüfer Oral was Invited to be a Panellist at the Book Launch Event of Caroline Foster’s New Book “Global Regulatory Standards in Environmental and Health Disputes: Due Regard, Due Diligence and Regulatory Coherence”

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era.

However, the legitimacy of the resulting ‘standards-enriched’ international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law’s legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

The session was chaired by Christina Voigt and panellists include Dr Nilufer Oral, Gleider Hernandez and Geir Ulfstein.

8 December 2021: CIL Director Dr Nilüfer Oral was Invited to give a lecture at Maastricht University Law School on the topic “Peremptory Norms of International Law and the Environment”

The event was chaired by Dr Craig Eggett.

More on the lecture at the link: Jus Cogens and Environmental Law – events – Maastricht University

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

On 2–3 December 2021, Research Fellow Charalampos Giannakopoulos participated in the 2^nd TRICI-Law Conference on “Interpretation of CIL: Methods, Interpretative Choices and the Role of Coherence”, which was co-organised with the PluriCourts Centre and the University of Groningen’s Department of Transboundary Legal Studies.

Senior Research Fellow Denise Cheong and Research Fellow Nivedita S were invited to participate in the Tenth Meeting of the Working Group on Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) of the United Nations Economic Commission for Europe (UNECE). They participated remotely in this three-day hybrid meeting which was held in Geneva, Switzerland from 1 to 3 December 2021.

Matters discussed included (i) the cases pertaining to nuclear power plants including the planned construction of units and lifetime extension of such plants pending before the Espoo Implementation Committee; (ii) the proposed modifications to the reporting template for the European Union for the implementation of the Espoo Convention on EIA and the Kyiv Protocol on SEA, which includes a component to assess whether EIA/SEAs contribute to achieving sustainable development goals; and (iii) the work being done to identify synergies and possible cooperation activities in marine regions (in particular, regional seas frameworks that include provisions on environmental assessments).

The meeting included a seminar on sustainable infrastructure, which discussed among others, good practices relating to the use of EIA/SEA in the context of infrastructure development plans and projects. As part of this discussion, the potential link between taxonomy-related assessments and the EIA and SEA processes was also considered. The meeting brought together representatives from state parties to these treaties and representatives from intergovernmental and non-governmental organisations and academia.

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

26 November 2021: CIL Director Dr Nilüfer Oral was One of the Speakers at the Roundtable Discussion on the Outcomes of COP26 and the Road Ahead to COP27 and the Global Stocktake

This session provided a brief overview of developments during the Glasgow Climate Summit, and the speakers addressed the question of “where next” in terms of preparation for COP27 and the Global Stocktake.

The speakers were:

Dan Bodansky – Professor of Law, Arizona State University

David Freestone – Professor of Law, George Washington University

Saleemul Huq – Director of the International Centre for Climate Change and Development (ICCCAD)

Selam Kidane Ababe – Climate Change Legal Adviser and PhD Candidate

Stephen Minas – Associate Professor of Law, Peking University

Petra Minnerop – Associate Professor of International Law, Durham Law School

Nilüfer Oral – Director of the Centre for International Law, National University of Singapore

Lavanya Rajamani – Professor of International Environmental Law, University of Oxford

Linda Siegele – Climate Change Legal Adviser and Phd Candidate

Amir Sokolowski – Associate Director, Carbon Disclosure Project, CDP

Christina Voigt – Professor of Law, University of Oslo

25 November 2021: CIL Director Dr Nilüfer Oral Was Invited to Speak at the Climate Change and Law Seminar Organized by the Kadir Has University.

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

Senior Research Fellow Denise Cheong and Research Fellow Nivedita S were invited to participate in the OECD Nuclear Energy Agency’s (NEA) Working Party on Nuclear Liability and Transport (WPNLT) during its annual meeting held on 23 and 24 November 2021. This virtual meeting brought together representatives from member countries of the OECD NEA, intergovernmental organisations and industry as well as independent experts. The WPNLT is one of three working parties that fall under the purview of the NEA’s Nuclear Law Committee. Its main objectives are to examine issues relating to the interpretation and application of international nuclear liability instruments to nuclear transport and to find practical solutions through information exchange and the sharing of relevant experience.

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.

Adjunct Senior Research Fellow Danielle Yeow was invited to speak on 12 November 2021 at the webinar titled “Climate Change Related Disputes and their Resolution through Arbitration/ADR“. This webinar was part of the conference series “Make Climate Action Everyone’s Business Forum” hosted by the International Chamber of Commerce.

The CIL Nuclear Law and Policy Team participated in an international conference entitled “International Conference on a Decade of Progress after Fukushima-Daiichi: Building on the Lessons Learned to Further Strengthen Nuclear Safety” organised by the International Atomic Energy Agency (IAEA) from 8 to 12 November 2021. The week-long conference provided a platform where international safety experts and other leaders could look back on the lessons learned and results of actions undertaken at the national, regional and international levels following the accident and discuss ways for further strengthening nuclear safety.  The conference covered a range of topics under three broad themes – “International Perspective; Learning Lessons” and “Path Forward”. Topics covered included emergency preparedness and response; radiation safety; international cooperation; leadership and management for safety; communication and trust building; post-accident recovery; international legal instruments for safety and facing new challenges.  

As part of the conference, a special session was held by IAEA Director-General on the safety related aspects of handling ALPS (advanced liquid processing system) treated waters at Fukushima Daiichi Nuclear Power Plant (NPP). This session provided an update from key officials from the IAEA and Japan about recent progress and planned future activities including plans on the review that the IAEA will conduct on Japan’s activities related to the treated water discharge. On the topic of international legal instruments, the effectiveness of the international legal instruments for safety, in particular, the Convention of Nuclear Safety (CNS) and the Vienna Declaration on Nuclear Safety (which was adopted after the accident to strengthen implementation of the CNS), can be further enhanced. Discussions centred around the peer review mechanism established by the CNS in the form of national reports on the implementation of a state’s obligations under the CNS for “peer review” in review meetings held every three years. Details of the events and speakers are available in the event’s programme.

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

 

 

CIL Nuclear Law and Policy Team participated in several virtual side events organised by both the International Atomic Energy Agency (IAEA) and the Organisation for Economic Co-operation and Development (OECD) during the 26^th United Nations Climate Change Conference (COP26) held in Glasgow, UK. The IAEA events addressed the complementary role of nuclear power and renewables in the transition towards a carbon-neutral future and how international cooperation is needed to enable this transition to net zero, through advances in technology, but also financing mechanisms, and global policy frameworks. The events also highlighted the contribution of nuclear science and technology to climate change adaptation. The OECD event on nuclear energy explored its role in net-zero pathways and the availability of climate and development finance to support nuclear innovation to meet climate goals. Details of the IAEA and OECD events and speakers are available at the event sites for IAEA and the OECD COP26 Pavilion.

CIL Research Associate Maria Pia Benosa took part in the 2021 Malaysia Ministry of Defense and Security (MiDAS) and Konrad Adenauer Stiftung (KAS) (“MiDAS-KAS) Conference from 2-3 November 2021, on the theme “Towards a Peaceful Sea: Maritime Security Amidst Contemporaneous Challenges”.

29 October 2021: CIL Director Dr Nilüfer Oral Was Invited by the Alliance of Small Island States (AOSIS), Pacific Islands Forum (PIF) and Asian-African Legal Consultative Organization (AALCO) to a Virtual Informal Discussion on “Why it is Urgent to Register and Publish Maritime Zone Information in View of Rising Seas”

Climate change has proven to be a phenomenon that poses immeasurable risks and impacts to every nation on earth, affecting billions of people in a multitude of ways. While the effects of climate change are global, the impacts on Small Island Developing States (SIDS) are particularly acute, especially on low-lying island nations who face the dangers of sea-level rise.

Pursuant to article 5 and article 7 of the United Nations Convention on the Law of the Sea (UNCLOS), with some exceptions, the outer limits of maritime zones are measured from the low-water lines along the coast as marked on large-scale charts officially recognized by the relevant coastal States (also known as normal baselines) or from straight baselines. Therefore, such baselines are important factors for establishing the maritime zones of a state.

Pursuant to UNCLOS, States are required to deposit charts or lists of geographical coordinates of points concerning baselines, outer limits of maritime zones and maritime boundaries with the Secretary-General of the United Nations. UNCLOS does not explicitly address the impact on baselines or outer limits of maritime zones from loss of land territory resulting from sea level rise. Shifting of the low-water line landward and variations of other features used to draw baselines could affect the area over which States have maritime entitlements, as well as the basis on which maritime boundaries were delimited. This, as stated in the Report of the Secretary-General on oceans and the law of the sea A/75/70, has potential consequences for coastal States’ sovereign rights and jurisdiction in those areas, including sovereign rights to explore, exploit and conserve living and non-living resources, as well as on the rights and freedoms of other States.

Based on considerations of stability and certainty of international law as well as equity and fairness, several island states have committed to keep maritime zones fixed once they are delineated in accordance with the UNCLOS.

In 2021, in their Declaration on Preserving Maritime Zones in the face of Climate-Change related Sea-level rise, the Leaders of the Pacific Islands Forum (PIF) proclaimed that the maritime zones of PIF Members, as established and notified to the Secretary-General of the United Nations in accordance with UNCLOS, and the rights and entitlements that flow from them, shall continue to apply, without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise.

Additionally, in the 2021 Alliance of Small Island States (AOSIS) Leaders Declaration,

members of the alliance expressed their will to see the continuity of maritime zones and the rights and entitlements that flow from them without reduction once such maritime zones are established and notified to the UNSG, notwithstanding any physical changes connected to climate change-related sea-level rise.

Similarly, on its 78th Conference, the International Law Association (ILA) took the position that baselines determined in accordance with UNCLOS should not be required to be recalculated should sea-level change affect the geographical reality of the coastline in the interest of legal certainty and stability.

Noting the low number of Member States who have submitted deposits of maritime zone information, AALCO, PIF and AOSIS is seeking to discuss the importance of submitting such information as well as address the relationship between climate change-related sea-level rise and maritime zones.

Program

The discussion will address following issues:

1. Process in UNCLOS to deposit baselines/outer limits, and status of deposits
2. Legal implications of deposit, including updating
3. Potential issues with deposits
4. Contested outer limits
5. Adding observations to deposit
6. Overcoming technical barriers to deposit

Speakers:

• H.E. Walton A. Webson, Chair of AOSIS
• H.E. Roy S. Lee, Permanent Representative of AALCO to the United Nations
• Professor Bogdan Aurescu, Co-Chair, ILC Working Group on Sea-Level Rise and International Law, ILC member
• Professor Nilufer Oral, Co-Chair, Working Group on Sea-Level Rise and International Law, ILC Member
• Professor Charles Jalloh, ILC member
• Prof Clive Schofield, World Maritime University

28 October 2021: CIL Director Dr Nilüfer Oral Was Invited to be the Moderator at the ASIL Webinar Titled “The Role of the Government Attorney in International Litigation”

The Government Attorneys Interest Group (GAIG) invited ASIL members and the public to an informative roundtable discussion on the role of the Government Attorney in litigation before international tribunals. This roundtable offered insight into the challenges faced by Government Attorneys as they prepared the State’s case before international courts and tribunals. Panellists shared their experiences in putting litigation teams together; provided insights on how the inter-agency coordination in Government operated; discussed how the State functioned as a “client” and the intercultural difficulties working with counsel from different legal traditions; and finally, what the “new normal” would be in litigation before international tribunals. The webinar ended with a Q&A among the panellists and participants.

Moderator

• Dr Nilufer Oral (Centre for International Law, National University of Singapore)

Speakers:

• Sir Michael Wood (Twenty Essex Chambers)
• Ms Carolina Valdivia Torres (Ministry of Foreign Affairs, Chile)
• Ms Yukiko Takashiba (Seinan Gakuin University)
• Mr Toby Landau, QC (Duxton Hill Chambers)

The recording of the webinar can be accessed at the link: www.asil.org/events

27 October 2021: CIL Director Dr Nilüfer Oral Was Invited by The Permanent Missions of Sweden and Austria to the United Nations to the Annual Interactive Dialogue between the Sixth Committee and the International Law Commission

With the presence of the following Members of the ILC:

Concepción Escobar Hernández: Immunity of State officials from foreign criminal jurisdiction

Pavel Šturma: Succession of States in respect of State responsibility

Nilüfer Oral: Sea-level rise in relation to international law

Patricia Galvão Teles: Protection of persons affected by sea-level rise

Moderated by Helmut Tichy, Legal Adviser of the Austrian Foreign Ministry

The interactive dialogue aims to provide a platform for an informal exchange and discussions between Members of the ILC and the 6th Committee, including visiting Legal Advisers from capitals. Members of the audience are encouraged to ask questions and make comments on the work of the ILC.

This year discussions will focus on the following topics:

Immunity of State officials from foreign criminal jurisdiction:

The Commission had before it the eight report of the Special Rapporteur, which examined the relationship between the immunity of state officials from foreign criminal jurisdiction and international criminal tribunals. Additionally, a mechanism for the settlement of disputes between the forum State and the State of the official was considered. The Commission discussed the reports of the Special Rapporteur and of the Drafting Committee and provisionally adopted several draft articles.

Succession of States in respect of State responsibility:

This year the Commission had before it the fourth report of the Special Rapporteur. It contained a summary of the debate in 6th Committee in previous years, questions related to the impact of succession of States on forms of responsibility such as reparation and an outlook on the future programme of work on the topic.

Sea-level rise in relation to international law:

The consequences of sea-level rise raise a number of important questions relevant to international law. These issues relate to the legal implications of the inundation of coasts and islands upon their baselines and delimitation of maritime zones. The reconstituted Study Group held discussions on the topic and plans to address issues related statehood and the protection of persons affected by sea-level rise.

26 October 2021: CIL Director Dr Nilüfer Oral Was One of the Invited Speakers at Freshfields’ Public International Law Seminar, Titled “Sea-level rise: what are the implications for international law?”

During this year’s Sixth Committee (Legal) of the United Nations General Assembly, Freshfields hosted its annual Public International Law Seminar. In keeping with Freshfields’ past events, a distinguished panel of speakers was invited to explore a topical question of international law of interest to States, international organisations and businesses, judges, practitioners, and academics.

The subject of this year’s seminar was ‘Sea-level rise: what are the implications for international law?’

Professor Nilüfer Oral (Member of the International Law Commission and Director of the Centre of International Law (CIL) at the National University of Singapore),

Daphne Hong (Director-General, International Affairs Division, Attorney-General’s Chambers of Singapore),

Professor Jean-Marc Thouvenin (Secretary-General of the Hague Academy of International Law and Professor agrégé at the University Paris Ouest Nanterre-La Defense), and

Alexandra van der Meulen (Counsel at Freshfields),

joined Will Thomas QC, head of Freshfields’ public international law group, in an hour-long interactive discussion.

The speakers covered a wide range of issues, including:

• What impact will sea-level rise have on existing maritime entitlements, features and boundaries?
• How will sea-level rise affect the statehood of vulnerable island States?
• Is existing international law ‘fit for purpose’ when it comes to addressing the potential impact of sea-level rise on the global community; or, is material change to the current legal regime necessary?
• What progress has the International Law Commission made in considering these issues?

What is the view of vulnerable, low-lying States?

CIL Senior Research Fellow Denise Cheong, Research Fellow Nivedita S and Research Associates Manisha Regalla and Annabelle Teo participated in several events during the Singapore International Energy Week (SIEW) 2021 that was held from 25 to 29 October 2021.

The CIL team attended the inaugural Singapore Energy Lecture delivered by the Minister for Trade and Industry, Gan Kim Yong, whose message centered around the SIEW 2021 theme “Advancing the Energy Transition”, reflecting the opportunities and challenges that energy transition presents in the post COVID-19 environment, including the importance of creating an ASEAN Power Grid.

The CIL team also attended several SIEW Thinktank Roundtables including those held by the ASEAN Centre for Energy on innovation to accelerate energy transition in ASEAN; the British Chamber of Commerce on the realities and opportunities of decarbonisation as the world looks ahead to COP26; the US Department of Commerce on  innovative energy solutions and technologies to help to address climate change issues; and by the Institute of Energy Economics, Japan on driving the clean energy transition in ASEAN and Japan.

Apart from the inaugural Singapore Energy Lecture and SIEW Thinktank Roundtables, the team also attended the Singapore-International Energy Agency (IEA) Forum that featured the Southeast Asia launch of the IEA World Energy Outlook 2021, amongst other events. Details of the event and speakers are available at the event website.

Listen to Dr Nilüfer Oral as she speaks with Leigh Giangreco at BRILL’s Survival by Degrees on Climate Change, Oceans and Gender.

20 October 2021: CIL Director Dr Nilüfer Oral Was Invited to Share Her Work on “Climate Change, Oceans and Gender” Through Humanities Matter by Brill Podcast.

Oceans are inextricably linked to the climate. Today, oceans are warming far more rapidly than they have in the past 65 million years, placing the spotlight on the important nexus between climate change and the ocean.

While there’s no doubt that climate change affects all people across the board, its effect is manifold among socioeconomically vulnerable communities, and among women in particular.

In the third episode of our new themed series Survival by Degrees, Prof. Nilufer Oral, Director of the Center for International Law, National University of Singapore, and member of the United Nations International Law Commission, took a closer look at the place of gender in relation to climate change and oceans, in the context of her work “Climate Change, Oceans and Gender”, published by Brill.

CIL Senior Research Fellow Denise Cheong, Research Fellow Nivedita S and Research Associates Manisha Regalla and Annabelle Teo participated in a webinar jointly organised by the ASEAN Centre for Energy (ACE) and the International Atomic Energy Agency (IAEA) on 7 October 2021. The webinar marked the first step of cooperation between ACE and IAEA since the launch of their multi-year cooperation programme specifically in the field of nuclear power application pursuant to the Practical Arrangements (PA) signed between ASEAN and the IAEA on 17 September 2019. The PA sets out a framework for cooperation in the areas of nuclear science, technology and applications, as well as of nuclear safety, security and safeguards, for five years.

The aim of the webinar was to inform stakeholders of ASEAN and its member states about upcoming nuclear cooperation activities as well as build capacity on global developments relevant to ASEAN’s Civilian Nuclear Energy Programme (CNE Programme) under the ASEAN Plan of Action for Energy Cooperation (APAEC) Phase II: 2021–2025. Major topics discussed included an overview of the achievements and/or work that is being planned as part of the CNE Programme and the PA as well as the status and prospects for nuclear power globally and within Southeast Asia, including the status and prospects of new and emerging technologies such as advanced reactors and small modular reactors.

Further details are available at the event website and a recording of the webinar is available here.

4 October 2021: CIL Director Dr Nilüfer Oral Was Invited to Speak at Macquarie University’s Law and Nature Dialogue Webinar Series, Titled “Towards a New BBNJ Agreement: Negotiating a New Treaty for the Conservation of Marine Biodiversity in Areas Beyond National Jurisdiction”

As a step to consolidate its status as a globally leading hub for biodiversity law and governance, the Centre for Environmental Law (CEL) at Macquarie University launched its first ever webinar series “Law & Nature Dialogue” earlier this year. It is planned to welcome a prominent speaker to share their expertise once a month during the semester. Dr Nilufer Oral was the invited speaker in October.

In her lecture, Nilufer discussed the history and current developments of the negotiation at the United Nations for a new international agreement for the conservation and sustainable use of biological diversity in areas beyond national jurisdiction. The lecture reviewed the key topics of marine genetic resources, areas-based management tools including marine protection areas, environmental impact assessment, capacity building, technology development and transfer, and other cross-cutting issues.

1 October 2021: CIL Director Dr Nilüfer Oral Was Invited to Speak at the Webinar Organized by the University of Trento, Titled “Climate Change and Sea-Level Rise Legal Consequences from the Law of the Sea, Statehood and Affected Persons Perspectives”

The University of Trento, Faculty of Law hosted a webinar, entitled, Climate Change and Sea-Level Rise: Legal Consequences from the Law of the Sea, Statehood and Affected Persons Perspectives on 1 October 2021, via Zoom.

For more information see here and the programme.

3 October 2021: : CIL Director Dr Nilüfer Oral Was Invited to Speak at the Marmara Urban Forum (MARUF) at the Session “Habitat Matters: Preserving Biodiversity for Sustainable Ecosystems”

Marmara Urban Forum (MARUF) is a biennial international urban forum organized with the motto of “Cities Developing Solutions” by Marmara Municipalities Union (MMU), which is a local government association in the Marmara Region of Turkey with over 190 members. MARUF strives not only to discuss the challenges that cities face but also to seek solutions to them and multiply good practices at a global scale.

MARUF19, which was organized for the first time on 1-3 October 2019 in Istanbul, attracted over 5440 participants. With the contributions of 66 partners, 50 sessions were held, and different approaches on urban services and urban management were discussed by 250 speakers from 25 countries. MARUF19 hosted plenary sessions, parallel sessions, roundtable meetings, workshops, networking events, exhibitions, field trips, cultural events, booths, film screenings for 3 days.

This year, MARUF21 was organized as a “virtual event” on the theme of “Re-Think, Co-Act” and brought together urban thinkers around passionate debates on how to make cities more liveable, sustainable, resilient, creative, inclusive, innovative, and healthy. It gathered all stakeholders including professionals from cities, national, regional and local governments, private sector, NGOs, universities and other stakeholders that play a crucial role in the design, transformation and governance of cities.

Dita Liliansa, CIL Research Associate, spoke at the ARIEL Webinar on Ocean Governance in Southeast Asia: Regional Approaches and National Action, 29 September 2021, organised by Asian Research Institute for Environmental Law (ARIEL). The webinar discussed various aspects of regional ocean governance for the protection of marine environment in Southeast Asia.

Senior Research Fellow Denise Cheong and Research Fellow S Nivedita participated in the meeting of the Council for Security Cooperation in the Asia Pacific (CSCAP) Nuclear Energy Experts Group held this year. This meeting was held virtually from 28 to 29 September 2021. Denise Cheong was invited to present as part of a panel session on the future of Small Modular Reactors (SMRs) in Asia where she provided the ASEAN context, touching on SMR development and potential deployment within Southeast Asia as well as efforts to foster international and regional cooperation in this area.

Senior Research Fellow Denise Cheong was invited to participate in the CSCAP Non-proliferation and Disarmament Study Group held virtually on 22 and 23 September 2021. Discussions on recent developments in non-proliferation and disarmament included the outlook for the upcoming Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the Conference of the Parties to the Amendment to the Convention on the Physical Protection of Nuclear Material (A/CPPNM). Participants were also introduced to the “Nuclear Responsibilities Toolkit” a toolkit designed to help policy communities think, talk, and write about their nuclear responsibilities, and those of others, in a practical manner.

21 September 2021: CIL Research Associate Dita Liliansa at RSIS Roundtable on Defining Maritime Security: Regional Divergence and Commonalities.

The 65th General Conference (GC) of the International Atomic Energy Agency (IAEA) was held in a hybrid format this year from 20 to 24 September 2021. CIL Senior Research Fellow Denise Cheong, Research Fellow Nivedita S and Research Associate Manisha Regalla participated in various virtual side events organised or co-sponsored by the IAEA including events related to (i) Small Modular Reactors (SMRs) which showcased the IAEA Platform on SMRs and their Applications, aimed at providing member states with coordinated support in the development and deployment of this emerging nuclear power technology through ‘one-stop shop’ access to IAEA’s expertise and resources on SMRs; (ii) the new IAEA generic roadmap towards implementing a deep geological repository (DGR), which is based on practices and experiences in a range of national DGR programmes; and (iii) the IAEA Milestones Approach for Responsible Deployment of Nuclear Technologies, which showcased the most up to date guiding materials and practices for countries embarking on or expanding their nuclear power programmes. Details of the events and speakers are available at the event website here and here.

Senior Research Fellow Denise Cheong and Research Fellow Nivedita S attended a webinar organised by the International Atomic Energy Agency (IAEA) entitled ‘Security of Nuclear Material in Transport’ on 30 August 2021.

Research Fellow Nivedita S participated in the 2021 virtual Annual Meeting of the International Atomic Energy Agency (IAEA) International Nuclear Security Education Network (INSEN) held from 16 to 20 August 2021.

Senior Research Fellow Denise Cheong presented on ‘Enhancing Transboundary Consultation in the Context of Nuclear Power Development in Southeast Asia’ as part of the 2021 ILA-ASIL Asia-Pacific Research Forum on ‘International Law and Post-Pandemic Asia: New Economic Challenges and Opportunities.’ She was part of Panel 3 on Environment, Energy and Sustainability that was held on 5 August 2021.

Research Associate Manisha Regalla participated in a webinar entitled ‘Nuclear Security Governance in the Asia-Pacific: Pathways to Cooperation’ that was organised by the S. Rajaratnam School of International Studies (RSIS) on 29 July 2021. The purpose of the webinar was to explore national and regional pathways towards building a robust framework for nuclear security governance in the Asia-Pacific.

The experts who spoke at this webinar included:

Steven Solomon, Principal Legal Officer, World Health Organization (WHO).

Moderator: Claudio Grossman, Member, United Nations International Law Commission (UN ILC). Professor of Law and Dean Emeritus R. Geraldson Scholar for International and Humanitarian Law, AUWCL.

Patrícia Galvão Teles, Member, United Nations International Law Commission (UN ILC). Professor, Autonomous University of Lisbon. Co-Director, Singapore CIL Academy International Law.

Nguyen Hong Thao, Member, United Nations International Law Commission (UN ILC). Professor Associate in Law, Diplomatic Academy of Vietnam and National University of Hanoi.

Charles Jalloh, Member, United Nations International Law Commission (UN ILC). Professor of Law, Florida International University.

Nilufer Oral, Member, United Nations International Law Commission (UN ILC). Director, Centre for Intl Law National University of Singapore (NUS).

 

A recording of the webinar can be accessed here: Event Recording

The other speaker at the webinar was Assistant Secretary-General for Legal Affairs, United Nations Office of Legal Affairs. Professor Dato’ Dr. Rahmat Mohamad, the Deputy Vice Chancellor and Professor of International Law and Human Rights (UiTM) moderated the webinar.

A recording of the webinar can be assessed here: https://www.youtube.com/watch?v=jVmIh1HVdC8

The Rhodes Academy of Oceans Law and Policy is an international collegial institution dedicated to fostering a better understanding of the modern law of the sea. Through education on the principles of contemporary oceans law and policy, the Rhodes Academy seeks to promote adherence to the rule of law in the world’s oceans. Founded in 1995, the Academy held its inaugural session in the summer of 1996 and operates on an annual basis.

 

This year’s Rhodes Academy was conducted virtually from 4-14 July 2021. Dr Nilufer Oral was invited to give a lecture on “Climate Change and Law of the Sea” on 9 July 2021. There were 16 lectures plus three question and answer periods at this year’s academy.

 

Please click the link to find out more about the Rhodes Academy: https://marine.unh.edu/academics/rhodes-academy

Prof Robert Beckman gave lectures to officers from the 20 contracting parties to the Regional Cooperation Agreement on Countering Piracy and Armed Robbery against Ships in Asia (ReCAAP).

Dr Nilüfer Oral was invited to speak at the Women and the International Law Webinar organized by the Minerva LAW Network. In this panel session, the current and former women of the International Law Commission discussed their experiences in the Commission and their work on the progressive development of international law and its codification.

Dr Nilüfer Oral was invited to Chair a Session at the 28^th 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”

Dr Nilüfer Oral was invited by Kadir Has International Law of the Sea Academy to deliver the inaugural lecture on “Climate Change and an Evolving Law of the Sea”.

Dr Nilüfer Oral was invited by the European Society of International Law Interest Group (ESIL IG) to speak at the ESIL IG Law of the Sea Webinar Series: ‘Current Issues in the Law of the Sea’. Dr Nilufer Oral is the fourth speaker from this series and the topic she covered was “Sea Level Rise and the UN Convention on the Law of the Sea: Adapting to New Circumstances’.

 

CIL Research Associate Manisha Regalla attended a webinar organised by the International Atomic Energy Agency’s Incident and Emergency Centre (IAEA IEC) entitled ‘Non-radiological consequences of a nuclear or radiological emergency: concept and case studies’, which was held on 23 June 2021.

CIL Director Dr Nilüfer Oral was invited to participate in the Webinar “Work of the International Law Commission on Legal Effects of Climate Change”, organised by the Leuven Centre for Global Governance Studies (GGS), at KU Leuven. This webinar was part of the webinar series “Women in International Law”, which GGS has launched this year and the series aimed at both reflecting on the role of women in the development of international law and bringing female researchers and practitioners to the front seat of discussions, in their different fields of specialty.

Indian Society of International Law (ISIL) 19^th Summer Course on International Law was conducted from 14 – 25 June 2021. Dr Oral was invited to deliver a lecture on “Law of the Sea – I: Evolution of the Law of the Sea and Concept of Common Heritage of Mankind“.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S attended the meeting of the Arctic Council Emergency Prevention, Preparedness and Response Working Group’s (EPPR) Radiation Expert Group (RAD EG) held virtually from 15 to 16 June 2021.

CIL Director Dr Nilüfer Oral was invited by the Permanent Missions of Côte d’Ivoire, Peru, Portugal, Romania and Turkey to a panel discussion on: “Sea Level Rise and Implications for International Law: A Dialogue with the ILC Study Group”.

Dr Nilüfer Oral Was Invited by the AEGEAN INSTITUTE OF THE LAW OF THE SEA AND MARITIME LAW to Speak at the E-Conference on World Oceans Day Titled “Peaceful Settlement of Disputes in the Oceans in the 21^st Century”. The Title of Dr Oral’s Presentation was “Sea-level Rise and Implications for Peaceful Settlement of Disputes”

Dr Nilüfer Oral was invited to speak at the launch of book title “Frontiers in International Environmental Law: Oceans and Climate Challenges – Essays in Honour of David Freestone”. As one of the contributors, Dr Nilufer Oral spoke on the topic “Sea level rise as a pressing concern of the international community and the work of the International Law Commission.” 

Senior Research Fellow Denise Cheong and Research Associates Nivedita S and Manisha Regalla participated in a webinar organised by ASEAN Centre for Energy (ACE) marking the launch of the ASEAN Nuclear Energy Portal. The portal was developed by ACE and the Nuclear Energy Cooperation Sub-Sector Network (NEC-SSN) as part of the implementation of ASEAN Plan of Action for Energy Cooperation (APAEC) Phase I: 2016 – 2020.

In celebration of World Environment Day 2021, the IUCN World Commission on Environmental Law (WCEL) hosted a series of webinars on environmental law solutions. The webinars took place from Monday 31 May through Friday 4 June. Dr Nilufer Oral was invited to speak at the session on 3 June 2021.

She spoke in the Second Session on “Advancing Maritime Security and Stability in Asia’s Maritime Commons.”

He presented on on “State Responsibility for the Actions of Private Entities and the Role of Non-State Entities in Maritime Cooperation.”

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

Dawoon Jung presented virtually at the Asian Society of International Law 2021 – 8th Biennial Conference on COVID-19 and International Shipping: Ship Inspections, Surveys and Certificates

Senior Research Fellow Denise Cheong and Research Associates Nivedita S and Manisha Regalla attended a webinar organised by the International Atomic Energy Agency (IAEA) entitled ‘Advances in Reactor Technologies for Marine-based Small Modular Reactors’ on 18 May 2021.

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.

Research Associate Professor N. Jansen Calamita and Postdoctoral Fellow Charalampos Giannakopoulos took part in the resumed 40^th session of the United Nations Commission on International Trade Law’s (UNCITRAL) Working Group III, representing CIL in its position as an official observer. The session took place online from UNCITRAL’s headquarters in Vienna, Austria.

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

CIL Senior Research Fellow Vu Hai Dang took part in the 8th Meeting of the Sub-Committee on Navigation, Communication and Search and Rescue, which took place online from London, United Kingdom, 19 – 23 April 2021.

Senior Research Fellow Denise Cheong and Research Associates Nivedita S and Manisha Regalla were invited to attend a closed-door webinar organised by the NUS Energy Studies Institute (ESI) entitled ‘The Management of Contaminated Water at Fukushima Daiichi’ on 21 April 2021.

COVID-19 has upended our reality in many ways, exposing systemic failures and highlighting injustices.  At the same time, it has provided an opening to consider new approaches. The International Law and COVID-19 Symposium, hosted by the University of Miami School of Law International and Graduate Law Programs and Human Rights Clinic, in collaboration with the Human Rights Society, Health Law Association, and University of Miami International and Comparative Law Review —will examine the impact of COVID-19 on international law.  In particular, the symposium will focus on intersections of COVID-19 with human rights and public health, including state obligations towards vulnerable populations, rights restrictions to protect public health, environmental aspects, reactions by international and regional human rights bodies, and public health responses.

 

A recording of this session, entitled “COVID-19 and Human Rights Law”, is available at:

https://echo360.org/media/122fa347-f362-48d5-a9ec-df08c5962ea3/public

The recording of the lecture was telecasted live on YouTube :

https://www.youtube.com/watch?v=ld_NIh5XS9o

CIL Research Associates Nivedita S and Manisha Regalla participated in a webinar on Environmental Governance in the Financial Sector held on 7 April 2021, organised by the Asia-Pacific Centre for Environmental Law (APCEL).

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.

Research Associate Chan Sze-Wei judged the inaugural Malaysia Model ASEAN Meeting (MYMAM).

As part of its 2021 Annual Meeting (March 24-26), the American Society of International Law invited members and colleagues from around the world to participate in a special series of sessions focusing on regional issues of international law and policy that will be affected by the new Biden-Harris Administration.

Annual Meeting Theme:

In these extraordinary times, dramatic shifts in global health, the global economy, and geopolitical power structures are forcing human beings to adapt and evolve. These shifts require us to revisit the operation of the legal, political, and conceptual structures of our international order, and to examine the possibility — and perhaps necessity — of creating new norms, tools, and paradigms.

Today’s health, economic, and racial justice crises are having a profound impact on the rule of law, human security, and the environment; human rights and gender equality; international business and trade; and virtually all other aspects of society. These effects are being exacerbated by the differing approaches that governments, international organizations, and private actors have taken toward international problem-solving. Although some may hope for a return to “normalcy” in all these areas, the current moment offers both the challenge and the opportunity to reconsider and potentially to reshape international law and international institutions.

The 2021 Annual Meeting of the American Society of International Law provided a forum to think critically and creatively about all fields of international law. Sessions presented a broad range of perspectives on innovative ways to address emerging issues, to improve global governance, and to tackle international problems.

Session Tracks:

• International Human Rights, Humanitarian Law, and Criminal Justice
• Transnational Litigation, Arbitration, and Dispute Resolution
• International Trade, Investment, and Finance
• International Organizations, Global Governance, and Global Health
• Security, Foreign Relations, and Use of Force
• Environment, Sea, Space, and Sustainable Development

Dr Nilufer Oral spoke at the session titled “We Are All Climate Change Lawyers Now” on 25 March 2021. This session is part of the Environment, Sea, Space, and Sustainable Development Track at the ASIL 2021 Virtual Annual Meeting.

Panelists include:

• Carmen Gonzalez, Loyola University Chicago School of Law
• Sailesh Mehta, Red Lion Chambers
• Nilufer Oral, UN International Law Commission
• Hermann Ott, Client Earth
• Margaret Young, University of Melbourne Law School
• Rob Verchick, Loyola University New Orleans

This event was a timely discussion about the legally binding instrument on biodiversity beyond national jurisdiction (BBNJ) currently under negotiation at the UN and its security implications. In recent years, heavy high seas fishing and the race for deep-sea living resources have emerged as geopolitical concerns. The UN Convention on the Law of the Sea provides no robust governance for these resources, raising the spectre of contested or depleted commons. As a new US administration eager to tackle challenges with more multilateralism settles into office, how will this new dimension to UNCLOS intersect with well-publicized concerns about Chinese fishing and genetic experiments? And how might the BBNJ treaty offer new tools for responsible oceans management and encourage more cooperative engagement among the great powers?

 

Other speakers at the conference include:

Dr. Catherine Blanchard, Lecturer, University of Utrecht

Dr. James Kraska, Charles H. Stockton Professor of International Maritime Law, U.S. Naval War College

 

The event is moderated by:

Mr. Cornell Overfield, Analyst, Strategy and Policy Analysis Program, CNA

 

A recording of the event can be accessed at the link:

https://vimeo.com/529164383

https://www.ejiltalk.org/pandemics-procedure-and-participation-hybrid-hearings-in-the-mauritius-maldives-maritime-boundary-dispute/

Jessup is the world’s largest moot court competition, with participants from roughly 700 law schools in 100 countries and jurisdictions.

Research fellow Arron N Honniball presented a draft paper, ‘Traditional Fishing Rights and a Customary Law Right of Access to Port: Arbitral Awards from Eritrea – Yemen to the South China Sea’.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in a webinar on ‘The Prospects for Small Modular Reactors in Southeast Asia’ organised by the Energy Studies Institute of the National University of Singapore on 25 February 2021.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the webinar on ‘Role of Academia in Shaping the Energy Transition in ASEAN’ organised by the ASEAN Centre for Energy (ACE) on 24 February 2021.

Recent scientific information presents an alarming diagnosis of the multiple adverse consequences of climate change on the ocean: levels of  ocean acidification not seen in millions of years, changes in ocean chemistry, warming temperatures and deoxygenation threating marine life, in particular coral reefs; and rapidly melting glaciers and ice sheets challenging the survival of some island States and threatening  existing maritime boundaries and entitlements.  

There are two different applicable international regimes, one for the ocean and the other for climate change.  Yet neither has a clear mandate for the ocean-climate nexus. The 1982 United Nations Convention for the Law of the Sea, often referred to as the Constitution for the oceans, negotiated before climate change emerged on the international agenda, makes no reference to climate change. The 1992 United Nations Framework Convention on Climate Change, with a clear mandate for atmospheric climate change, limits the role of the ocean to serving as sink or reservoir for greenhouse gases.  The 2015 Paris Agreement added little more other than a preambular reference to ocean ecosystems.

The lecture delivered by Dr Oral examined how these two principal legal regimes can meet the test for international law in providing a dialectic and evolutive response to the pressing challenges of the climate-ocean nexus.

 

A copy of the presentation can be assessed at the link: https://www.lcil.cam.ac.uk/sites/www.law.cam.ac.uk/files/images/www.lcil.law.cam.ac.uk/Image/events/nilufer_oral_presentation_190221.pdf

A recording of the lecture is available at: https://www.lcil.cam.ac.uk/friday-lunchtime-lecture-series-recordings

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the webinar on ‘Energy and Climate Outlook in ASEAN under Brunei’s Chairmanship: Green Recovery Post Pandemic’ organised by the ASEAN Centre for Energy (ACE) on 17 February 2021.

Research Associate Nivedita S participated in the International Atomic Energy Agency’s webinar on ‘Experiences of Member States in Building Regulatory Framework for the Oversight of Nuclear Power Plants’ on 17 February 2021.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S attended the annual meeting of the OSPAR’s Radioactive Substances Committee (RSC) held from 9 to 11 February 2021.

The law of the sea is a scholarly discipline that straddles many aspects of general international law and of its specialized branches including environmental law, human rights law, the law of international courts and tribunals. The law of the sea is also an expanding field for practice, not limited to university research and teaching, but including advocacy in international and domestic courts, counselling for governments, international organizations governmental and non-governmental, and private entities, working as judges and registry member for international courts and arbitration tribunals.

 

UC Berkeley School of Law is pleased to invite Professor Tullio Treves to speak at this year’s Harry and Jane Scheiber Lecture Series. Prof Treves is Professor Emeritus at the State University of Milan and Public International Law Senior Consultant at Curtis, Mallet-Prevost, Colt & Mosle LLP (Milan office). He served as Judge of the International Tribunal for the Law of the Sea from 1996 to 2011. Within the Tribunal, he was the President of the Seabed Disputes Chamber, including in the proceedings for the delivery, on 1 February 2011, of an Advisory Opinion upon the request of the Council of the International Seabed Authority. He has chaired the Tribunal’s Committee of the Whole for the drafting of the Rules of the Tribunal. From 1973 to 1982, he was a member of the Italian delegation to all sessions of the Third United Nations Conference on Law of the Sea.

 

Dr Nilufer Oral and Lt. Cmdr. Joel Coito were both invited to give their comments at the lecture titled “The Law of the Sea: A Multi-Faceted Discipline and a Promising Field for Practitioner”.

 

A recording of the Berkeley Law Scheiber Lecture on 4 Feb is now available on their website at: https://www.kaltura.com/index.php/extwidget/preview/partner_id/1368891/uiconf_id/41443412/entry_id/1_f6recvt2/embed/iframe?

The Trump presidency has had a consequential impact on the United States’ international relations and its role in international institutions. Hallmarks of President Trump’s Asia policy included labelling China as a hostile power, abandoning the Trans-Pacific Partnership, using trade sanctions even against allies such as Australia, Japan, and South Korea, and dallying with North Korean dictator Kim Jong-un. Professors José E. Alvarez and Nilufer Oral discussed the impact Trump has had on U.S.-Asia relations and the constraints President Biden will face as he tries to strengthen ties with key Asian allies and partners while maintaining pressure on China.

 

A recording of the online event can be accessed at the link: https://usali.org/institute-news/event-recording-us-asia-relations-in-the-biden-administration

Dita spoke at the Special Session on Young Leaders’ Perspective and co-led a discussion on the “ASEAN’s Post-2025 Vision: What are the Roles ASEAN is Expected to Play in the South China Sea” at the Next-Generation Leaders Session.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S were invited to present to the OECD Nuclear Energy Agency’s (NEA) Working Party on Nuclear Liability and Transport (WPNLT).

When the 1982 United Nations Convention for the Law of the Sea was adopted, climate change was not an issue of concern for the international community. Consequently, the Convention does not make mention to climate change or its consequences. When the 1992 United Nations Framework Convention on Climate Change was adopted a decade later, the adverse consequences of climate change on the ocean and marine environment were not fully understood. However, in recent years scientists have discovered that climate change is having significant adverse impacts on the ocean, such as ocean warming, deoxygenation, chemistry change, ocean acidification and sea level rise.

 

Dr Nilüfer Oral’s lecture examined the existing frameworks in relation to protection of the marine environment under the 1982 UNCLOS and climate change under the 1992 UNFCCC regime. The lecture will identify the gaps within each regime, the gaps between the two regimes and how synergies may be developed to address the important climate risks to the health of the ocean.

 

The session is moderated by Stephen Minas, Associate Professor at Peking University School of Transnational Law.

CIL Research Fellow, Dawoon Jung, presented online at the 5th International Conference on Ocean Law and Policy – Policy, Law, Economy, and Risks of Offshore Wind Power Energy on 11 Dec 2020.

On Human Rights Day, Thursday 10 December 2020, Dr Tan Hsien-Li and Professor Alison Duxbury (University of Melbourne) discussed their co-authored book ‘Can ASEAN Take Human Rights Seriously’.

The Land-to-Ocean Leadership Programme is a three-year research and capacity-building programme sponsored by the Swedish Agency for Marine and Water Management (SwAM) and the Federal Ministry of Transport and Digital Infrastructure of Germany.

 

The Programme aims to promote land-to-ocean leadership opportunities in the broader context of implementing the Transforming our world: the 2030 Agenda for Sustainable Development and in recognition of the interconnectivity of Land-to-Ocean-flows. In order to develop governance and sustainable management options that are practically oriented yet responsive to dynamic processes, the programme will foster a better understanding of the interconnected character of terrestrial, aquatic and marine ecosystems flowing from source to sea.

 

The main purpose of this interactive seminar is to engage with a wider expert group to provide comments on the four PhD candidate research projects. A further objective is to provide an update on the progress made with their research programme to date. This event is organized by the World Maritime University and supported by the Swedish Agency for Marine and Water Management and the German Federal Ministry of Transport and Digital Infrastructure.

 

For more info on the seminar and the programme, please visit the website:

https://drive.google.com/file/d/1UEQ8aE1V8SW1u06LCPQ_RBfgXE7JidjM/view

Senior Research Fellow Denise Cheong and Research Associate Nivedita S were invited to participate in the eighth session of the Meeting of the Parties to the Espoo Convention.

The Ministry of Foreign Affairs of South Korea held the Fifth International Conference on the Law of the Sea from December 3 to 4, 2020. 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), which regulates the peaceful usage of the sea and fair and effective utilization of its resources, and on the jurisprudence of relevant international organizations.

 

The theme for this year’s conference is Regional Cooperation and Marine Environmental Protection under the UNCLOS Regime. The first session of the conference covered the topic on “Duty of Cooperation under the UNCLOS Regime”. Dr Oral spoke on “The duty to cooperate under Part XII of UNCLOS and the protection and conservation of biological diversity beyond national jurisdiction”.

 

Other speakers who spoke alongside with Dr Oral include Amb. Markiyan Kulyk (ITLOS), Prof LEE Seok-Woo (Inha University), Judge Oscar Cabello Sarubbi (ITLOS) and Prof KIM Hyun Jung (Yonsei University).

 

This conference is co-organised with International Tribunal of the Law of the Sea and The Korean Society of International Law. For more information on the conference: https://www.icls.or.kr:43722/main/index.php

From 7 to 18 December 2020, The new United Nations Special Rapporteur on toxics and human rights, Marcos Orellana, will hold an institutional visit to the International Maritime Organization (IMO).

 

In view of his upcoming visit to the IMO, the Special Rapporteur, Dr  Marcos A. Orellana, invited stakeholders of the mandate, including civil society organizations, defenders of human rights and academics, to an online, focused stakeholders’ consultation on the IMO and implications for toxics and human rights.

 

Dr Oral was one of the experts invited to participate in the consultation, which aimed to inform the Special Rapporteur’s in preparation of his visit. It assessed and analyzed the work of the IMO in order to identify current issues and areas of improvement, as well as good practices.

 

More info at: https://www.ohchr.org/EN/Issues/Environment/ToxicWastes/Pages/SRToxicWastesIndex.aspx

Dr Oral spoke at the Fourth Brazilian Congress of the Law of the Sea (IV Congresso Brasileiro de Direito do Mar), which was held online from 26 to 28 November. The event was co-organised by the Center for Studies in Law of the Sea (CEDMAR) at University of São Paulo and the Brazilian Academy of International Law (ABDI).

 

Dr Oral spoke on THE CURRENT STATE OF NEGOTIATIONS ON MGRS FOR THE BBNJ AGREEMENT.

Dita was a member of the delegation for the Advisory Committee on Protection of the Sea (ACOPS), a Non-Governmental Organisations in a Consultative Status with the IMO.

Dr Tan Hsien-Li spoke at the “Asian Legislative Experts Symposium (ALES) – Legislations on Infectious Diseases and cooperative measures of Asia countries in the post COVID-19 era”.