Researchers' Activities

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