Researchers' Activities

Prof Beckman made a presentation in Session 3, Navigational Regimes and Enforcement of Coastal State Jurisdiction.

The title of her presentation was “A Quest for Meaning: Interpretation of Article 73(3) of UNCLOS by Indonesian Supreme Court”

She spoke in Session 6 on Illegal, Unreported and Unregulated (IUU) Fishing alongside Prof. Natalie Klein (University of New South Wales) and Ms. Francesca Caonero (Global Maritime Crime Programme, Latin America and the Caribbean, U.N. Office on Drugs and Crime).

Dr Nilufer Oral spoke at the session on “International Marine Environment Pollution as Security Threat/Sea Level Rise and International Security Implication”

The fluidity and complexity of modern-day maritime security challenges require a deep understanding of the law of the sea, maritime law, as well as of national policies

and regulations before responding to them. The newly emerging challenges and transformed threats which include, maritime terrorism, drug trafficking, migrant smuggling, and use of unmanned vessels, are largely unregulated in the United Nations Convention on the Law of the Sea1982, which has led to the adoption of various international conventions and protocols.

The IMLI Course on International Maritime Security Law covers the various critical maritime security threats to the international rule of law at sea and the freedom of navigation. The Course addresses in detail the gravity of these threats and the existing international laws and State practices deterring the same.

The Course focuses on the current legal developments ensuring the safe navigation of ships, protection of offshore installations and coasts of maritime States. It also covers the contribution of international organizations, especially IMO, and the role of regional cooperation in overcoming such threats. The Course looks into the special status of warships and examine the juris prudential contribution of international courts and tribunals.

Dr Nilufer Oral spoke on the topic on “International Marine Environment Pollution as Security Threat/Sea Level Rise and International Security Implication”

The competition took place virtually from 10 to 14 May 2022. They evaluated and scored the oral pleadings of the participants during the International Rounds.

The International Conference on Environmental Law, Governance, and Sustainable Development provides a timely opportunity to critically investigate practical, philosophical, and methodological approaches for addressing longstanding barriers to the effective design and implementation of environmental law.

This Conference brings together governments, business leaders, environmental educators, academics, and practitioners to exchange knowledge experience and learn from each other on how to strengthen the implementation and application of the international environmental rule of law in Africa and beyond.

The theme for this year’s conference was “Climate Change, Energy Transition and Looking Beyond the Earth’s Future: The Role of Stakeholders in Sustaining International Environmental Rule of Law”. Dr Nilufer Oral was one of the keynote speakers for the conference.

International Law Academy British Branch Spring Conference 2022 On 28-29 April 2022

The conference will consider legal problems likely to emerge from ongoing changes resulting from climate change and its consequences, as set out in the 2021 IPCC report.

Panels comprising a mixture of invited and selected speakers will be convened on the following themes:

• Impact of rising sea levels on migration and statehood
• Climate change and international trade and investment law

• Human rights and climate change
• Litigating on climate change.

Dr Nilufer Oral spoke on the work of the International Law Commission on sea level rise in relation to international Law.

You can read more about the conference and the programme at the link: https://www.surrey.ac.uk/events/20220428-international-law-association-british-branch-spring-conference-2022

Head of Nuclear Law and Policy, Denise Cheong was invited to participate in the first-ever “International Conference on Nuclear Law: The Global Debate” organised by the International Atomic Energy Agency (IAEA) from 25 to 29 April 2022 in Vienna, Austria. She presented as part of the roundtable titled “The Role of Nuclear Law in the Broader Context of Other Areas of Law”.

Drawing on her research experience, Denise’s presentation focused on how nuclear law could be conceptualised and what implications this may have on current approaches to higher education research and the requisite learning and skills for developing capacity within the research domain. Her presentation began with observations on the state of play within the research domain then focused on nuclear law at the international level, reflecting on its role, nature and ambit, given the realities of (i) “boundary interactions” with other branches of international law, and (ii) institutional “law making”.

Key takeaways from her presentation included: First, the need for a holistic conceptualisation of nuclear law in order to promote its objective of providing a legal framework that would adequately protect individuals, property and the environment. This should include nuclear law provisions in other areas of law as well as both hard and soft law. Second, nuclear law researchers, as part of broader research community, have an important part to play in helping to “discover” the breadth & depth of nuclear law and more research collaboration is needed to advance the objective of nuclear law, in light of the increasingly complex and multidisciplinary issues that nuclear law is being called on to address. Third, new learning, skills and support are needed to help nuclear law research fulfil this role effectively.

Further details of this conference are available on the IAEA’s conference page and programme.

Senior Research Fellow Denise Cheong, Research Fellow Nivedita S and Research Associates Manisha Regalla and Annabelle Teo participated in the first-ever  “International Conference on Nuclear Law: The Global Debate” organised by the International Atomic Energy Agency (IAEA) from 25 to 29 April 2022. This was an in-person conference held in Vienna, Austria which also provided for virtual participation, allowing all members of the CIL Nuclear Team to participate in the event.

Over the week, the conference provided a unique forum for leading global experts from governments, international and non-governmental organisations, industry, academia and civil society to share experiences and discuss topical issues with a view to developing further the various areas of nuclear law and promoting international expertise in this field. The format of the conference included a high-level opening session with opening remarks by the IAEA Director General, Rafael Mariano Grossi  and keynote speeches from leading global experts in the nuclear field; a series of topical sessions that addressed key nuclear law issues and round-table discussions that provided the opportunity for focused discussions. Senior Research Fellow Denise Cheong presented as part of the roundtable titled “The Role of Nuclear Law in the Broader Context of Other Areas of Law”. 

Details of the event and Speakers are available on the IAEA’s conference page and programme.

The Conference was organised by the Centre for Public Policy Research of India in collaboration with Monash University and support from Australia’s Department of Foreign Affairs and Trade to support ASEAN-Australia-India Indo-Pacific Cooperation.

This regional consultation was organised on 20 April 2022 via Zoom by COBSEA as part of the project ‘Reducing marine litter by addressing the management of the plastic value chain in South-East Asia’ (SEA circular). COBSEA member States, China, Indonesia, Malaysia, RO Korea, Singapore, Thailand and Vietnam participated to the consultation.

She was also invited to grade memorials submitted by the teams, which pleaded the RV Vilhelmina case before the International Tribunal for the Law of the Sea (ITLOS).

For more information, click this link https://www.gov.uk/government/publications/arbitrators-for-uk-free-trade-agreements-ftas/arbitrators-for-the-uk-republic-of-singapore-free-trade-agreement-fta

The original writeup was submitted to the OECD’s Public Consultation on Investment Treaties and Climate Change.

Dr Nilufer Oral was invited to give a lecture as part of the Doctoral School Lectures of the University of Milano-Bicocca on rising sea level and international law. This year’s overall theme was “Climate change and law”.

The lectures were targeted at PhD students undertaking a research in law, but are open also to undergraduate students, PhD candidates from other fields and other members of the University’s academic community.

Dr Nilufer Oral was invited by Seoul International Law Academy to give a lecture at their International Law Seminar Series, usually held biweekly to cover current issues in international law. Dr Oral give a lecture titled “Climate Change and the Law of the Sea”. The other panellists in the session were:

Prof Hyun Jung KIM (Yonsei University)

Dr Young Kil PARK (Korea Maritime Institute)

Mr Yuchan OH (Ministry of Foreign Affairs)

Maria Pia Benosa of the CIL Ocean Law and Policy Team joined a panel discussion on legal and technological developments relating to unmanned vessels at the 2022 ASIL Annual Meeting in Washington, DC from 6-9 April, 2022 themed ‘Personalizing International Law’.

To know more about the ICIL Formation II programme, please visit: https://icil.org.tr/formation-program-2nd-year/

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

This online seminar was convened by the University of Durham, Centre for Law and Global Justice seminar on 31 Mar 2022.

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

https://www.asil.org/community/international-courts-and-tribunals

CIL organized a panel on ‘Emerging Challenges to 1982 UNCLOS and International Law,’ on 18 March 2022

Dr Tan Hsien-Li gave the opening lecture of the Conference on the Rule of Law: Issues and Perspectives organised by the Raoul Wallenberg Institute in Cambodia on 10 March 2022.

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

The online meeting was framed to compare and review approval process and framework for Marine Scientific Research under international law and in practice, in the context of the development of the Philippines capability in MSR.

The online meeting held on Zoom, invited experts from a different disciplines involved in plastic pollution to assist with the establishment of baselines and offers a multidisciplinary assessment of marine plastics in the ASEAN Member States.

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by the European Union in document WT/DS604/2 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

CIL Postdoctoral Fellow, Stefanie Schacherer, became an Advisor for the Asia-Pacific Research and Training Network (ARTNET) on Foreign Direct Investment (FDI)

CIL Postdoctoral Fellow, Stefanie Schacherer was elected Member of the Academic Forum on investor-State dispute settlement (ISDS).

This lecture was part of the Jindal University’s Colloquium on ‘Challenges to Global Governance and Humanities in the 21st Century’.

15 February 2022: CIL Director Dr Nilüfer Oral was Invited as a Panelist to Beyond UNEP’s 50th Anniversary: Attaining the SDGs A Symposium in Conjunction with the 5th UN Environment Assembly & UNEP@50 Honoring the Memory of Prof. Charles Okidi Odidi

Research Associates Manisha Regalla and Annabelle Teo participated in the 2022 session of the “Fundamentals of International Nuclear Law”, an online course developed by the OECD Nuclear Energy Agency (OECD NEA), which was held from 14 to 18 February 2022. Now in its second edition, this course is designed to provide a high-level, introductory review of the central aspects of international nuclear law in a condensed programme.

Over the week, participants from a diverse range of countries and backgrounds learnt about the international nuclear law framework and major issues affecting the peaceful uses of nuclear energy (spanning across nuclear safety, security, safeguards and civil liability for nuclear damage), through attending lectures delivered by leading experts from international organisations, governments and private industry and engaging in panel discussions.

Details of the event and lecturers are available in the OECD NEA’s press release and course programme.

10 February 2022: CIL Director Dr Nilüfer Oral was Invited as a Speaker to the Two-day Symposium for the Oxford Handbook on Women and International Law Hosted by the Max Planck Institute Luxembourg

This webinar was organised by the U.S.-Asia Law Institute

Research Fellow Nivedita S attended the annual meeting of the OSPAR’s Radioactive Substances Committee (RSC) held from 8 to 10 February 2022. She was part of the delegation of the Advisory Committee on Protection of the Sea (ACOPS), a non-governmental organisation with observer status with the OSPAR Commission. Held virtually, the main focus of this meeting was to finalise the fifth periodic evaluation (5PE) and the Radioactive Substances Thematic Assessment for the Quality Status Report 2023. The purpose of such evaluations is to analyse the progress made by Contracting Parties to the OSPAR Convention towards the strategic objective of the OSPAR Radioactive Substances Strategy, which aims to reduce discharges of radioactive substances to the North-East Atlantic either to background values or near zero. Strategic issues that the RSC monitors include floating nuclear power stations. The International Atomic Energy Agency and the World Nuclear Association also attended as observers. For more information on RSC, see https://www.ospar.org/work-areas/rsc.

CIL Research Associate Maria Pia Benosa recently completed the inaugural course of the Basel Winter Arbitration School 2022 (Arbitration Lab) at the Law Faculty of the University of Basel from 6-11 February 2022. Joined by both in-person and online participants from over 15 countries, Arbitration Lab featured lectures on key areas relevant to ocean law and policy such as dispute resolution under Annex VII of the UN Convention on the Law of the Sea and the Human Rights at Sea Arbitration Initiative. Basel Arbitration Lab, which aims to provide an overarching platform for a wide range of arbitration practice areas, is a pioneering initiative of Prof. Anna Petrig (University of Basel) and Prof. Yarik Kryvoi (British Institute of International and Comparative Law).

Research Fellow Nivedita S and Research Associate Annabelle Teo participated in a webinar entitled “Safety, Security and Safeguards Interfaces and Challenges for Novel Advanced Reactors” organised by the International Atomic Energy Agency (IAEA) on 3 February 2022. This was the second webinar in a series of webinars on the safety of Novel Advanced Reactors (NARs) (which includes marine-based small modular reactors), following the completion of a high-level mapping of the applicability of the IAEA Safety Standards to NARs.

Having found during the mapping exercise that the implementation of the safety requirements for NARs at the design stage has interfaces with security and safeguards considerations, the aim of the webinar was to discuss the various interfaces, challenges, synergies and conflicts for the safety, security and safeguards (3Ss) of NARs, taking into account their unique characteristics such as new fuel concepts and transportability. This discussion was timely given that many NARs are still at a conceptual or early design stage, thus presenting a unique opportunity for interested stakeholders to promote and pursue a holistic approach that integrates all 3Ss to support the development and deployment of NARs. Additionally, the webinar also provided an overview of the IAEA’s upcoming activities in this area. Details of the event and speakers are available in the webinar programme.

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.