Researchers' Activities

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.