Researchers' Activities

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”.

Dr Nilüfer Oral spoke at the online conference titled Pandemics and International Law: The Need for International Action, on 18 November. The event was  co-organised by Washington College of Law and its Academy on Human Rights and Humanitarian Law; the Centre for International Law; the Vietnamese National University, Hanoi, School of Law; the Autonomous University of Lisbon; the Florida International University College of Law; and the WCL chapter of the International Law Student Association.

Dr Oral spoke alongside Professor Patrícia Galvão Teles, Professor Claudio Grossman, Professor Charles C Jalloh and Professor Nguyễn Hồng Thao. The event was moderated by Professor Claudia Martin.

On the occasion of the inter-sessional period in the negotiations of an international legally binding agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction – BBNJ, Dr Nilüfer Oral spoke at an online panel discussion on ‘A Dispute Settlement Mechanism for the BBNJ Instrument’. The event was organised by the Permanent Mission of Colombia to the United Nations and the Independent International Legal Advocates.

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.

Postdoctoral Fellow Neha Mishra participated in the Taiwan Internet Governance Forum (IGF) 2020: One World, One Internet, which was held on 11 and 12 November. Dr Mishra participated in the session ‘The WTO’s Digital Trade Initiative: Implications for Asian Policies’, with Erika Mann (Covington and Burlington LLP), Roy Chun Lee (Chung-Hua Institution for Economic Research), and Tsai-fang Chen (National Chiao Tung University). The session was moderated by William Drake (University of Zurich).

Dr Mishra’s online presentation was based on her research on the WTO’s ongoing negotiations on e-commerce under the plurilateral Joint Statement Initiative (JSI). She discussed the various proposals made by WTO members on e-commerce, especially in the context of how the proposed trade rules will impact internet governance focussing on cross-border data flows, data localisation, privacy protection, cybersecurity and source code disclosure requirements. Thereafter, she provided her inputs on the dynamics in the negotiations between developed and developing countries as well as the ongoing tech war between the US and China. She concluded that given the divergence of perspectives on e-commerce rules among WTO members, any short-term outcomes in the ongoing JSI negotiations appear unlikely. The outcome, especially in the short run, could be a very basic agreement covering relatively uncontroversial areas such as spam, e-signatures, e-authentication, and online consumer protection. Difficult data governance issues will continue to remain unresolved.

Senior Research Fellow Denise Cheong and Research Associate S Nivedita participated in the second meeting of the Council for Security Cooperation in the Asia Pacific (CSCAP) Nuclear Energy Experts Group held this year.

Dr Nilüfer Oral was invited to speak at the online closing address of the Public International Law Year in Review on 10 November. The event was co-organised by Essex Court Chambers, Essex Court Chambers Duxton (Singapore Group Practice), Fietta LLP, Rajah & Tann Singapore LLP, and The Sydney Centre for International Law.

Dr Oral spoke on ongoing negotiations for a legally binding agreement on the conservation and sustainable use of biological diversity in areas beyond national jurisdiction. Other panellists were Sir Michael Wood, Rodman Bundy and Dr Emily Crawford. The event was moderated by Jackie McArthur and Ryce Lee. At the end of the webinar, Professor Vaughan Lowe QC of Essex Court Chambers, and the University of Oxford, rounded off the session by giving the closing remarks.

Senior research fellows Youna Lyons and Vu Hai Dang took part in the online 4th Meeting of the Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics (AHEG) as observers. The meeting was hosted by UNEP in Nairobi, Kenya, from 9 to 13 November 2020. Participants to this intergovernmental meeting included 200+ representatives from States, international organisations and NGOs. This is the last AHEG meeting before the 5th UN Environment Assembly (UNEA 5), scheduled to take place in February 2021. The meeting discussed the implementation of UNEA Resolutions 3/7 and 4/6 on marine litter and microplastic, which require the AHEG to assess existing measures to combat plastic pollution and submit potential response options to UNEA 5.

At the end of the meeting, delegates agreed that existing measures in dealing with plastic pollution are not sufficient and a range of response options will be submitted to UNEA 5 for consideration, including the development of a new global instrument to facilitate actions against plastics.

Senior Research Fellow Denise Cheong and Research Associate S Nivedita participated in ‘The Future of Nuclear Energy,’ a webinar organised by the Singapore Nuclear Research and Safety Initiative (SNRSI).

Dr Nilüfer Oral chaired the online Informal BBNJ Intersessional High Seas Treaty Dialogue on Marine Genetic Resources, with Ms Gabriele Goettsche-Wanli, who is the ex-Director of the Division for Ocean Affairs and the Law of the Sea under the United Nations Office of Legal Affairs. The topic of the November dialogue was marine genetic resources, and the event was co-hosted by the Kingdom of Belgium, the Principality of Monaco, the Republic of Costa Rica, in collaboration with the High Seas Alliance.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the International Atomic Energy Agency’s webinar on ‘Responsibilities and Capabilities of Owners and Operators’.

CIl Director Nilüfer Oral, Co-Chair of the International Law Commission (ILC) Study Group on Sea Level Rise in Relation to International Law with Professor Bogdan Aurescu, participated in an online informal interaction between ILC members and delegates of the United Nations General Assembly (UNGA) Sixth Committee.

The session was chaired by Ambassador Milenko E Skoknic Tapia, Chair of the Sixth Committee of the United Nations General Assembly at its 75th session.

At the online side event of International Law Week, CIL Director Nilüfer Oral presented on sea-level rise and the law of the sea. Dr Oral and Professor Bogdan Aurescu, Co-Chairs of the International Law Commission’s Study Group on Sea-Level Rise in Relation to International Law, provided insights into the Study Group’s first issues paper published in February 2020, which covered issues of possible legal effects of sea-level rise on baselines and outer limits of maritime spaces measured from baselines, on the status of maritime features and on maritime delimitation effected either by treaty or adjudication. At the event, Dr Oral and Professor Aurescu spoke about how they approached the need to preserve legal stability, security, certainty and predictability.

CIL Director Nilüfer Oral spoke at an International Council of Environmental Law (ICEL) side-event briefing on strengthening cooperation for international environmental law on 27 October 2020. The event was cohosted by ICEL, the Permanent Missions of Costa Rica and France to the United Nations, the Observer Mission of the International Union for Conservation of Nature (IUCN) to the United Nations, and the IUCN World Commission on Environmental Law (WCEL).

At the online event, distinguished scholars of international environmental law presented their expertise on options for opportune ‘next steps’ in the progressive development of international environmental law and organisation, to provide essential foundation for attaining the Sustainable Development Goals. Besides Dr Oral, other speakers included Professor Chikosa Banda from the University of Malawi, Professor Sergio Ugalde from the University for Peace (Costa Rica), Professor Christina Voigt from the University of Oslo, and Dr Lucien Chabason from the Institute for Sustainable Development and International Relations. The session was moderated by Professor Nicholas A Robinson from Pace University (New York).

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the Singapore International Energy Week 2020, a week-long hybrid event held from 26-30 October.

The Norway-Singapore Science Week, which took place from 26 October to 6 November, is an important platform for developing and enhancing research and academic cooperation in key areas of interest to Norway and Singapore. During the Science Week, 70 professors, researchers, institution representatives and company executives presented and discussed research and technology development in the field of sustainable urban development, decarbonisation and ocean space.

A member of the organising committee, Professor Robert Beckman assisted in organising and co-chairing a webinar on Ocean Policy on 6 November 2020, Friday. The other co-chair was Professor Tore Henriksen, Director of the Norwegian Center for Law of the Sea, UiT, the Arctic University of Norway.

The Ocean Policy session covered two topics. The first topic, ‘Sea-Level Rise: Connecting Singapore to the Arctic’, was focussed on the impact of climate change in the Arctic on sea-level rise in Singapore and Southeast Asia. The speakers were Professor Benjamin Horton, Director of the Earth Observatory of Singapore; Dr Kristin Richter of Norwegian Research Center in Bergen, Norway; and CIL Director, Dr Nilüfer Oral. Dr Oral spoke about the implications of sea-level rise for international law and policy, in particular for maritime entitlements of States.

The second topic in the session was ‘Biodiversity in the Marine Environment of the Arctic’ and was focussed on the global challenges in protecting and preserving the marine environment. The speakers were Associate Professor Vito De Lucia of UiT, the Arctic University of Norway, and CIL Senior Research Fellow Youna Lyons. In her presentation, Youna Lyons compared the regimes governing the marine environment in the Arctic Ocean with those governing the marine environment in ASEAN and the South China Sea.

The webinar participants concluded that there was scope for continued collaboration in researching issues of common interest, given that Singapore is an Observer in the Arctic Council. A collaboration between the CIL and the Norwegian Center for Law of the Sea at UiT resulted in the co-edited book Governance of Arctic Shipping published in 2017.

CIL Director Nilüfer Oral was invited to speak at the 2020 Seoul Academy of International Law Lectures. Dr Oral delivered an online lecture on the law of the sea.

CIL Director Nilüfer Oral spoke on the panel on climate change and the law of the sea, at the American Bar International Law Association (ABILA) International Law Weekend. The panel explored how international law, especially the law of the sea, should account for sea-level rise, including regarding issues such as baselines and maritime entitlements, status of features, protection of the marine environment, and statehood of low-lying States and the rights of their nationals.

The panel was moderated by Aimee-Jane Lee from Debevoise & Plimpton LLP. Other speakers on the panel were Professor David Freestone from George Washington University, Ms Nicola Swan from Chapman Tripp, and Ambassador Nguyễn Hồng Thao from the Diplomatic Academy of Vietnam.

Co-Director (Teaching) ASEAN Law and Policy Dr Tan Hsien-Li, Research Associate Chan Sze-Wei and Research Assistant Yvette Foo attended the 35th ASEAN Roundtable ‘The COVID-19 Crisis: Impact on ASEAN and the Way Forward’, an online event organised by the Yusof-Ishak Institute for Southeast Asian Studies ASEAN Studies Centre. The programme included sessions on ASEAN’s management of the pandemic and health emergencies in general, and the economic and geopolitical impact on ASEAN.

At an online event titled ‘Legal Implications of Pandemics: A Ten-Month Assessment’ on 16 October 2020, CIL Director Nilüfer Oral presented the topic ‘Is There a Need for Convention?’ The event was co-organised by the Permanent Missions of Chile, Portugal, Sierra Leone, Turkey and Vietnam, and moderated by Ambassador Francisco Duarte Lopes, Permanent Representative of Portugal. Speakers were members of the International Law Commission, which besides Dr Oral, included Professor Patrícia Galvão Teles, Professor Claudio Grossman, Professor Charles C Jalloh and Ambassador Nguyễn Hồng Thao.

CIL Director Nilüfer Oral spoke on ‘International Law and IUU Fishing’ at a webinar on ‘Fishing on the High Seas and Marine Protected Areas’ on 13 October 2020. The webinar was organised by the IUCN World Commission on Environmental Law, in partnership with the Inter-American Institute on Justice and Sustainability. Globally renowned experts at this webinar provide perspectives on cooperation and legal responses for enforcement of international marine protection in exclusive economic zones.

The challenges of international illegal, unreported and unregulated (IUU) fishing on the high seas is one of the most urgent issues for the global community seeking to protect marine reserves and the integrity of exclusive economic zones. IUU fleets that cross protected boundaries create problems for environmental security, international governance, and the livelihoods of local communities that depend on their marine resources.

On 9 October 2020 CIL Director Nilüfer Oral spoke at an online conference, UN at 75: Effective Multilateralism and International Law, which was jointly organised by the Office of Legal Affairs of the United Nations and the German Federal Foreign Office. The conference examines the evolution of international law since the UN’s establishment in 1945, the achievements of the UN in advancing international law, and its future in supporting multilateralism.

Dr Oral presented on ‘United Nations in International Law at 75: The Role of the General Assembly and Its Subsidiary Organs (ILC, Sixth Committee) and the Importance of Academia’.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in an online panel discussion on ‘Practices, Policies, and Plans in Civilian Nuclear Energy in ASEAN’.

At the online UN side event The Role of the Ocean in Climate Change and Sea Level Rise on 8 October 2020, CIL Director Nilüfer Oral spoke on ‘Ocean Acidification: A Conundrum for International Law?’ The event was organised by NGO Sustainability Inc and co-hosted by the UN Permanent Missions of Kenya, Portugal and Sri Lanka, the UN Division of Ocean Affairs and the Law of the Sea, and UN Department of Economic and Social Affairs.

The Centre for International Law announces the release of the APEC Handbook on Obligations in International Investment Treaties. Written by the Centre’s Head of Investment Law & Policy, N Jansen Calamita, with the support of the Australian Government, the APEC Handbook is designed to help non-specialist government officials understand investment treaty obligations and the way they are applied to the day-to-day business of government. It is the first international resource of its kind and provides a valuable tool to help host economies manage their international obligations and take steps to avoid investment treaty disputes.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in OECD Nuclear Energy Agency’s (NEA) online expert roundtable on ‘International School of Nuclear Law: Hot topics, expert views’.

On 1 October 2020, CIL Director Nilüfer Oral delivered an online lecture on sea-level rise and the law of the sea at the annual ITLOS-Nippon Capacity-Building and Training Programme. The programme helped participants, who were junior to mid-level government officials and researchers from mainly developing countries, to develop their legal skills and deepen their practical knowledge of dispute settlement in the law of the sea under the United Nations Convention on the Law of the Sea.

Dr Neha Mishra presented her postdoctoral research on the interface of cybersecurity and international economic law at the online Geneva Trade Week. The session she participated in was titled ‘Competition and Innovation in the Digital Age: Pro Innovation Domestic and International Governance for Digitally Enabled Services’, and was sponsored by the Institute for International Trade at the University of Adelaide, and Trade and Investment in Services Associates. Her co-panellists were Jane Drake-Brockman (moderator), Hildegunn Nordas, Pascal Kerneis and Bryan Mercurio.

Her presentation focussed on two points:
(i) Trade and cybersecurity can share a symbiotic relationship, but the economic costs to digital trade is very high when countries impose restrictive unilateral cybersecurity laws, regulations and policies. Such measures are also dangerous for global cybersecurity governance.
(ii) International trade agreements have an impact on both the domestic and global cybersecurity regulatory framework. International trade agreements can check protectionism by ‘disguised cybersecurity measures’ and thereby create more open, competitive conditions for global digital trade. International trade agreements can play a facilitative role based on the symbiotic relationship of trade and cybersecurity.

Dr Mishra highlighted that trade institutions can facilitate international regulatory cooperation and create a more robust environment for digital trade, by encouraging interoperability of data regulations and standards, and transparent, open, representative, globally competitive and market-driven cybersecurity standards and best practices.

CIL Director Nilüfer Oral was a panellist at the webinar ‘Galapagos at Risk: International Marine Protection, Challenges and Legal Options’ on 17 September 2020. The webinar was organised by the IUCN World Commission on Environmental Law, in partnership with the Inter-American Institute on Justice and Sustainability. Globally renowned experts at this webinar provided perspectives on cooperation and legal responses for enforcement of international marine protection in exclusive economic zones.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the International Atomic Energy Agency (IAEA) webinar on ‘Cutting Emissions for Good: What Role for Nuclear?’ and the OECD Nuclear Energy Agency (NEA) Webchat on the Barakah Nuclear Energy Plant in the UAE, previously described as the gold standard for nuclear power development.

CIL Director Nilüfer Oral presented a paper titled ‘First Issues Paper on Sea Level Rise in Relation to International Law: Key Issues and Gaps’ at the UN Diplomacy Clinic organised by New York University’s Law Faculty on 10 September 2020. Dr Oral is the Co-Chair of the International Law Commission’s Study Group on Sea Level Rise in Relation to International Law.

At the online regional conference on Securing the Limits of the Blue Pacific organised by Pacific Islands Forum (PIF) on 9–11 September 2020, CIL Director Nilüfer Oral presented a paper titled ‘Legal Options and Institutional Responses to the Impacts of Sea Level Rise on Maritime Zones in the Context of International Law’.

In her presentation, Dr Oral spoke of a platform that will allow PIF members to examine the leaders’ commitment to preserving members’ existing rights stemming from maritime zones in the face of sea level rise. The conference outcomes will form the basis of recommendations to leaders on various legal options and institutional responses, to guide the region towards a collective effort to securing the Blue Pacific.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S attended a webinar on ‘Opportunities and Challenges in Deploying Small Modular Reactors in ASEAN’ organised by the Energy Studies Institute of the National University of Singapore.

Senior research fellows Youna Lyons and Vu Hai Dang were invited to participate in the Asia-Pacific Regional Consultation Meeting under the Ad Hoc Open-Ended Expert Group (AHEG) on marine litter and microplastics established by the United Nations Environment Assembly (UNEA). The consultation meeting was held online from 26 to 27 August 2020 and hosted by United Nations Environment Programme (UNEP) and the government of Japan. At the meeting, about 100 representatives from the AHEG Asia-Pacific Group Member States, UNEP and NGOs exchanged views on existing measures and potential options to deal with the marine plastic pollution issue.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S attended the International Atomic Energy Agency’s webinar on ‘Responsibilities and Functions of a Nuclear Energy Programme Implementing Organization (NEPIO)’.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the Ninth Meeting of the Working Group on Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) of the United Nations Economic Commission for Europe (UNECE).

On 6 August 2020, the Embassy of Vietnam in Singapore held a ceremony to officially present the decision of the Ministry of Foreign Affairs of Vietnam to nominate Emeritus Professor Robert Beckman, Head of Ocean Law and Policy of CIL, as an Arbitrator under Annex VII of the United Nations Convention on the Law of the Sea. Her Excellency Tao Thi Thanh Huong, Ambassador Plenipotentiary and Extraordinary of Vietnam to Singapore, along with all Heads of Section of the Embassy, attended the event.

At the ceremony, Ambassador Huong presented the decision to Professor Beckman, emphasising that this is the first time in history that Vietnam has nominated a foreign national to this important position. This proves not only the recognition of the knowledge and experience of the nominee but also his impartiality to and support of the peaceful resolution of disputes based on international law.

Postdoctoral Fellow Neha Mishra has been awarded the 2020 University of Melbourne Chancellor’s Prize for her doctoral thesis, ‘When Data Flows Across Borders: Aligning International Trade Law with Internet Policy Objectives’. The prestigious prize is awarded for scholarly excellence, international recognition and impact of the research, and the University of Melbourne confers the annual award to six PhD graduates from different disciplines. Dr Mishra was supervised by Professors Tania Voon and Andrew Mitchell.

The CIL Nuclear Law and Policy Team attended NBP Conversations: Philippines Nuclear Energy Market Update held on 29 July 2020 and hosted by Nuclear Business Platform, an industry-led platform.

The CIL Nuclear Law and Policy Team attended OECD Nuclear Energy Agency’s online discussion panel on ‘The Role of Nuclear Energy During COVID-19 and Beyond’ on 24 June 2020. COVID-19 has underlined the importance of electricity reliability and resilience during major disruptions. With governments considering a broad range of options for economic recovery and job creation, there is scope within stimulus packages to support energy systems that fulfil both these criteria, while meeting long-term environmental goals and energy security. It was in this context that the panel discussion explored the role that nuclear energy can play in the post COVID-19 recovery, while also supporting the path towards an energy future which is truly sustainable and environmentally responsible.

The online panel discussants included René Neděla, Deputy Minister, Ministry of Industry and Trade of the Czech Republic; Agneta Rising, Director General, World Nuclear Association; Brent Wanner, WEO Senior Energy Analyst, International Energy Agency (IEA); Juan Garin, Policy Analyst, OECD Directorate for Financial and Enterprise Affairs; Julia Pyke, SZC Director of Financing, EDF Energy; and Atte Harjanne, Member of the Finnish Parliament & Helsinki City Council. The conversation was moderated by OECD NEA Director-General, William D Magwood, IV.

Assistant Professor Tan Hsien-Li spoke at an international conference organised by Renmin University’s Human Rights Center on ‘Human Rights Protection under Law-based Pandemic Prevention and Control: The Role of Proportionality Principles’ on 20 June.

Assistant Professor Tan spoke on ‘From SARs to COVID-19: Reflections on ASEAN’s Collective Response to Public Health Crises’. Given that proportionality is a firm legal principle that has substantively different meanings in public law and public international law, and that the COVID-19 pandemic is still propelling different facets of governance, political, public health and legal strategies of containment, she discussed whether proportionality was a good tool with which to examine the ongoing phenomenon. Apart from the fact that proportionality has been rejected as a tool of judicial reasoning by some jurisdictions, socio-cultural contexts on law, politics and governance also differ widely on how proportionality might (or might not) be used.

The CIL Nuclear Law and Policy Team participated in OECD NEA (Nuclear Energy Agency) WebChat with HE Michał Kurtyka, Poland’s Minister of Climate and 2018 United Nations Climate Change Conference (COP24) President on 15 June 2020.

Dr Nilüfer Oral, CIL Director, and Robert Beckman, Head, CIL Ocean Law & Policy, were invited to attend the online Adoption Ceremony of the Model Agreement between Singapore and the International Tribunal for the Law of the Sea (ITLOS) on 11 June 2020. Disputes referred to the ITLOS can now be heard in Singapore under the agreement signed by Minister for Law and Home Affairs K Shanmugam and ITLOS President, Judge Jin-Hyun Paik.

Assistant Professor Tan Hsien-Li represented the CIL at the webinar—‘The Importance of Regional (Legal) Cooperation during Time of Pandemic Covid-19’—organised by the Faculty of Law, Universitas Indonesia on 11 June. She spoke on ‘ASEAN Cooperation in COVID-19’, shedding light on the quick collective regional action that complemented the ongoing national efforts. The long-term support by ASEAN dialogue partners, particularly China, Korea, Japan, the United States and Canada, in regional emergency relief and public health programmes have helped ASEAN react faster to the pandemic. She concluded by outlining ASEAN members’ longer-term plans of building more robust public health programmes, a regional fund and stockpiles, and strategies on economic recovery.

On 29 May 2020, Postdoctoral Fellow Neha Mishra spoke on ‘International Trade Law: Implications for Data Governance’ on a public webinar organised by Ikigai Law, a leading technology law firm based in India. The session focussed on the growing incidence of privacy and cybersecurity measures that impede trans-border flows of digital data, and the ways that international trade rules could be applied to discipline such measures. In particular, Dr Mishra spoke on the role of the exceptions in international trade agreements in balancing trade liberalisation goals with internet policy goals. This session also highlighted the role of international trade agreements in promoting good internet governance and the political economy of data localisation measures, especially in India.

Postdoctoral Fellow Neha Mishra co-authors UNESCAP Paper on “Digital Trade Integration in Preferential Trade Agreements”

On 18 May 2020, Postdoctoral Fellow Charalampos Giannakopoulos presented his paper ‘Coherence, Reflective Thinking, and Investment Arbitration’ at the Online International Economic Law Research Marathon 2020, which was hosted virtually by the Faculty of Law at the Hebrew University of Jerusalem. The online conference on 17–29 May replaced the 9th PEPA-SIEL Conference 2020. PEPA-SIEL conferences provide an environment for emerging academics and professionals in the field of international economic law to present and discuss their research.

Drawing from the work of authors such as John Dewey and Donald Schön, Dr Giannakopoulos argued that reflection and reflective thinking are manifestations of an ideal of coherence in the justificatory aspect of adjudication. Reflective thinking involves iterative processes of problem setting, identifying possible solutions, and testing them for their congruence with one’s background theories. Transposed to adjudication, this implies that judicial reasoning involves a constant process of experimentation in practice, by posing hypotheses (framing), testing them, and assessing their consequences for their congruence with the decision-maker’s considered judgments regarding the regime’s ends and his or her institutional role in it. Using concrete examples from investment arbitration, the paper showcases the importance of practising reflective thinking at various levels during the legal reasoning process.

Postdoctoral Fellow Neha Mishra has been awarded the 2019 Harold Luntz Research Prize for her doctoral thesis ‘When Data Flows Across Borders: Aligning International Trade Law with Internet Policy Objectives’. The prize is awarded annually to the best thesis in Melbourne Law School. In her thesis, Dr Mishra investigated how international trade law applies to government restrictions on data flows and whether it can be aligned with their internet policy objectives. She demonstrated that such an alignment can be achieved by interpreting, applying and reforming trade rules consistent with fundamental principles of internet governance. Dr Mishra was supervised by Professor Tania Voon and Professor Andrew D Mitchell at Melbourne Law School.

Senior Research Fellow Dr Ayelet Berman has been elected Vice Chair of the American Society of International Law (ASIL) International Organizations Interest Group for a three-year term. Next year she will take the Co-Chair position.

The ASIL’s International Organizations Interest Group is comprised of over 600 members and is a forum for dialogue among legal scholars and practitioners seeking to exchange ideas on global governance in all its diversity. 

Dr Tara Davenport, CIL Senior Research Fellow, participated at the ASEAN Regional Forum Workshop on Dispute Resolution and Law of the Sea held in Dili, Timor-Leste from 27 to 28 February 2020. The workshop was hosted by Timor-Leste and co-chaired by Malaysia and Australia. Dr Davenport presented on ‘Compulsory Conciliation under UNCLOS: Prospects for Future Use‘ and also moderated a panel on resolving disputes in relation to maritime boundaries.

Youna Lyons, Senior Research Fellow in the Ocean Law and Policy Programme of CIL, participated in the Scientific Advisory Committee (SAC) Meeting on the assessment on sources, pathways and hazards of litter including plastic litter and microplastics pollution. She was nominated by Singapore government and confirmed by UNEP as an expert in the SAC. The meeting took place on 25–27 February 2020 in Nairobi, Kenya.

The main purpose of the meeting was the drafting of an assessment on sources, pathways and hazards of marine litter and microplastic and its presence in the rivers and oceans, scientific knowledge about adverse effects on ecosystems, potential adverse on human health and environmentally sound technology innovations. This report will be presented at Lisbon UN Ocean Conference in June 2020 and submitted to inform UNEA 5 in 2021.

Senior Research Fellow Youna Lyons participated in the Expert Workshop organised by the Secretariat of the Convention on Biological Diversity to Identify Options for Modifying the Description of Ecologically or Biologically Significant Marine Areas (EBSAs) and Describing New EBSAs. She was appointed by Singapore government to attend this workshop, which took place on 3–5 February 2020 in Brussels, Belgium. The workshop report will provide a basis for preparation of a proposal by the Secretariat on the topic of the Expert Workshop, for submission to the next meeting of the scientific body, SBSTTA.

Senior Research Fellow Ms Denise Cheong and Research Associate S Nivedita participated in the 9th meeting of the Nuclear Energy Experts Group held from 6 to 7 February 2020 in Singapore. This meeting was organised by the Council for Security Cooperation in the Asia Pacific (CSCAP) together with the S Rajaratnam School of International Studies (RSIS). Participants discussed ways to strengthen nuclear governance in the Indo-Pacific, in light of activities and plans of current and potential nuclear power user/exporter countries; the role of ASEANTOM; and capacity-building and higher education initiatives on nuclear safety and security. Participants also considered the potential governance implications of new technologies such as artificial intelligence and small modular reactor technology including transportable nuclear power plants.

Research Associate Professor (CIL) N Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, presented the finalised draft of APEC Handbook on Obligations in International Investment Treaties, in a side event organised by the Australian government at the 38th session of UNCITRAL Working Group III held in Vienna.

The APEC Handbook project is funded by the Australian government and is designed to assist non-specialist, front-line government officials to better understand and implement international investment commitments. 

CIL participated as observer in the resumed 38th session of UNCITRAL Working Group III held in Vienna, Austria on 20–24 January 2020. CIL was represented by Research Associate Professor (CIL) N Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, and Postdoctoral fellow Charalampos Giannakopoulos.

The Working Group brings together more than 200 government officials, UN officials and NGO representatives, with a mandate to identify concerns raised by the current mechanisms for resolving investor-State disputes, discuss the desirability of reform, and propose relevant solutions. During the resumed meeting in Vienna, discussions focussed on (i) the likely features and modalities of an appellate mechanism or a multilateral investment court to hear investment disputes; (ii) the possible sources and methods of financing such institutions; and (iii) the selection and appointment of adjudicators in a reformed system.

Research Associate Professor (CIL) Calamita and Dr Giannakopoulos contributed to the discussions by raising the question of enforcement of the awards produced by a possible appellate mechanism or a multilateral investment court, framing it against the existing legal framework, and presenting delegations with the associated challenges that would have to be overcome.

Senior Research Fellow Vu Hai Dang participated in the workshop by China-Southeast Asia Research Center (CSARC) on Regional Cooperation on Marine Environmental Protection in the South China Sea in Bali, Indonesia. Dr Vu Hai Dang presented on sensitive and protected marine areas under international law and the value of MPA network in the South China Sea. In particular, he spoke on CIL’s research on area-based management tools in the South China Sea: map of sensitive marine and coastal areas in the South China under international law, ‘Moving from MPAs to Area-based Management Measures in the South China Sea’, ‘National MPA Laws in the South China Sea: A Comparison and Suggestions for MPA Law Reform in China’.

Senior Research Fellows Youna Lyons and Tara Davenport participated in a workshop on Informal-Law Making in the Law of the Sea organised by Professor Natalie Klein at the University of New South Wales from 9 to 10 December 2019 in Sydney, Australia. The workshop is part of a long-term research project on informal law-making and law of the sea led by Professor Klein under an Australian Research Council Future Fellowship Grant. Ms Lyons presented on ‘IMO Measures to Limit Impact from International Shipping’ and Dr Davenport presented on ‘Formal and Informal Lawmaking by the International Seabed Authority’.

The CIL nuclear law and policy team was invited to present at the Workshop on Strategic Environmental Assessments for Nuclear Power Programmes’ organised by the International Atomic Energy Agency (IAEA). The workshop brought together representatives from 15 member states and was held in Vienna, Austria from 3 to 6 December.

Senior Research Fellow Denise Cheong and Research Associate Nivedita S presented on (1) the legal context of strategic environmental assessment, 2) the extent to which strategic environmental assessment is practised in Singapore and ASEAN, and (3) the outcomes and findings from its workshop on Regional Cooperation to Enhance Transboundary Consultation on Nuclear Power Development in Southeast Asia, which was held in Singapore earlier this year.

Research Associate Nivedita S participated in the International Workshop on the Applicability of the Espoo Convention to the Lifetime Extension of Nuclear Power Plants on 2 December 2019. Held in Vienna, Austria, the workshop was organised by the United Nations Economic Commission for Europe (UNECE) working group of Parties to the Espoo Convention to draft guidance on the applicability of the Convention to the extension of the lifetime of nuclear power plants. The workshop brought together a broad group of stakeholders to discuss topics currently being explored by the drafting groups. Stakeholders included representatives of non-governmental organisations and international organisations, such as the International Atomic Energy Agency (IAEA), OECD’s Nuclear Energy Agency, International Association of Impact Assessment (IAIA) and the Compliance Committee under the Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters (Aarhus).

Associate Director Sharon Seah and Research Associate Amiel Ian Valdez participated in the annual United Nations meetings on climate change in Madrid, Spain from 2 to 13 December 2019.

Ms Seah presented in an official UN side event on the contributions of higher education to climate change, together with speakers from Moravian College (USA), Vanderbilt University (USA), University of Hawaii (USA) and Monash University (Australia).

Research fellow Arron N Honniball presented a co-authored draft paper, ‘The Next Bastion in Combating IUU Fishing: The Role of Nationality Jurisdiction in CCAMLR & Beyond’, at the 12th Polar Law Symposium held at the Institute for Marine and Antarctic Studies (Hobart, Australia).

Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the Eighth Working Group Meeting on Environmental Impact Assessment and Strategic Environmental Assessment, held in Geneva, Switzerland, on 26–28 November 2019. Organised by the United Nations Economic Commission for Europe (UNECE), the meeting brought together representatives from state parties to the UNECE Convention on Environmental Impact Assessment (EIA) in a Transboundary Context and its Protocol on Strategic Environmental Assessment (SEA), as well as representatives from intergovernmental and non-governmental organisations, academia and independent experts.

The CIL Nuclear Law and Policy team was invited to give two presentations: Ms Cheong presented on the position on SEA and transboundary EIA in Singapore, and Ms Nivedita S presented on the outcomes and findings from the workshop on Regional Cooperation to Enhance Transboundary Consultation on Nuclear Power Development in Southeast Asia, which was held in May this year.

Senior Research Fellow Vu Hai Dang took part in the Third Meeting of the Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics in Bangkok, Thailand, on 18–22 November 2019. The meeting was organised by United Nations Environment Programme, and the agenda was the implementation of the Resolution 4/6 of the 4th United Nations Environment Assembly held in March 2019. At the meeting, Dr Vu Hai Dang introduced CIL’s research on marine plastics—in particular the report ‘A Review of Research on Marine Plastics in Southeast Asia: Who Does What’—to national delegates, NGOs and industry representatives.

The CIL Nuclear Law and Policy team organised a closed-door breakfast seminar by Ms Helen Cook on ‘Lessons Learnt from the Olkiluoto 3 (Finland) and VC Summer (USA) Nuclear Projects’, which was held on 15 November 2019 at CIL. Ms Cook offered insights into the many ways a project can fail and the lessons that can and should be applied to future nuclear projects, including new technology such as small modular reactor technology. Ms Cook discussed how factors such as a lack of adequate human resource capacity and regulatory competence, changes in law and lack of detailed engineering designs can contribute to serious cost overruns and project delays, and explained the importance of addressing these factors early on in the project. Ms Cook also explored how projects that result in disputes between parties to the project and/or the insolvency of a project party have ultimately led to the failure of the project.

Ms Helen Cook is an independent consultant with expertise advising on both the structuring and establishment of the legal and regulatory infrastructure for civilian nuclear power programmes, and the strategic development and negotiation of commercial arrangements for new power plants. This event followed a public seminar on ‘Nuclear Energy for Australia?’ by Ms Cook on 14 November 2019.  

Postdoctoral Fellow Neha Mishra presented a paper titled ‘Unravelling the Trade—Cybersecurity Dilemma: Justifying Cybersecurity Measures in International Trade Law’ at the conference on International Economic Law and Security Interests. The conference was organised by Amsterdam Centre for International Law at the University of Amsterdam, and the European Society of International Law.  

The paper is about the various measures adopted by governments to address cybersecurity-related concerns. Some of these measures restrict cross-border flows of digital services/data and are thus inconsistent with obligations in trade agreements such as General Agreement on Trade in Services (GATS). However, certain governments might argue that such measures are justified under the GATS security exception (art XIVbis), as they protect national security. This paper investigates whether GATS art XIVbis is relevant in justifying cybersecurity measures and its potential impact on cybersecurity governance. Ms Mishra argues that GATS art XIVbis has limited relevance and is potentially problematic, when used in justifying majority of cybersecurity measures. First, a large majority of cybersecurity measures do not fall within the limited set of exceptional circumstances listed in GATS art XIVbis. Further, in applying this exception to cybersecurity measures, WTO Panels will be unfairly forced to balance trade and security interests in an environment of political, technological and policy uncertainty. Given these practical limitations and the normative boundaries of GATS art XIVbis, countries must avoid casually relying upon security exceptions as a basis for adopting/implementing unilateral measures on cybersecurity, but rather engage in meaningful cyber-diplomacy and regulatory cooperation mechanisms to resolve their differences on cybersecurity governance.

CIL co-sponsored the International Conference on Legal, Scientific and Economic Aspects of Deep Seabed Mining held in Kingston, Jamaica from 14 to 16 November 2019. The conference was co-organised by the International Seabed Authority and the Center for Ocean Law and Policy (University of Virginia School of Law) and co-sponsored by Institute for China America Studies, Korean Maritime Institute and the World Maritime University.

CIL sponsored the participation of the following participants, who presented at the conference. 

• ‘The Role of the Seabed Disputes Chamber in Dispute Settlement Relating to Activities in the Area’ by Judge Albert Hoffmann of the International Tribunal for the Law of the Sea
• ‘Environmental Issues’ by Dr Philomene Verlaan, visiting oceanographer at the University of Hawaii and Trustee of the Advisory Committee on Protection of the Sea
• ‘Possible Forums for Liability Claims Arising from Deep Seabed Mining: Problems and Prospects’ by Dr Tara Davenport, Senior Research Fellow at CIL

Senior Research Fellow Youna Lyons was invited to speak at the 2nd ASEAN Regional Forum Workshop on Implementing UNCLOS and Other International Instruments to Address Emerging Maritime Issues in Hanoi on 13–14 November 2019. She gave two presentations during the session on degradation of the marine environment and impacts on sustainable management and conservation of marine resources: 

• ‘The building of a regional node for the East Asian Seas and the global partnership on marine litter and microplastic’
• ‘Threatened and endangered species and the management of offshore and other marine activities’

At the Southeast Asia of Solutions to combat marine plastics on 11 November 2019 at the United Nations regional headquarters in Bangkok, CIL organised and sponsored two sessions ‘State of science and governance: how does scientific research support action to combat marine plastics’ and ‘Governance framework to combat marine plastics’. CIL was represented by Youna Lyons, Vu Hai Dang, Amanda Lim, Yuke Ling Tay and Kanin Laopirun. Ms Lyons chaired and moderated the two sessions. The two sessions attracted audience from the private sector, academia, NGOs, international and regional organisations, and governments. Click here for a full description of the sessions, presentations, posters and an event report summary.

Research fellow Arron N Honniball gave a presentation on illegal, unreported and unregulated (IUU) fishing, titled ‘“End” IUU Fishing: Expanding Implementation to Achieve SDG Target 14.4’, at the second edition of the Asia Pacific Day for the Ocean. The event was hosted by UNESCAP and held at the United Nations Conference Centre in Bangkok on 8 November 2019. Dr Honniball also moderated the session on sustainable fisheries.

Associate Director Sharon Seah gave a presentation on the role of the academic sector in climate governance at the International Workshop on Partnership to Strengthen Transparency and Co-Innovation (PaSTI), which was held on 7–8 November in Manila, Philippines. The academic sector possesses institutional capacities, intellectual resources and ability to conduct cutting-edge research. These are strengths that governments and other private sectors can leverage on to increase climate transparency and promote greater climate ambition.

The workshop was organised by the Ministry of Environment, Japan in collaboration with the World Resources Institute. The workshop’s aims are to share knowledge and build networks among ASEAN participants, international institutions, experts and the private sector to develop critical tools for Measurement, Reporting and Verification (MRV) development in the region. 

Robert Beckman participated in the 11th South China Sea International Conference on Cooperation for Regional Security and Development, on 6–7 November 2019 in Hanoi, Vietnam. The main organiser was the Diplomatic Academy of Vietnam. Associate Professor Beckman was a discussant in the Special Session on the 25th Anniversary of the 1982 UN Convention on the Law of the Sea. He was also a speaker in the concluding plenary session on strengthening the foundation for peace and a rules-based legal order.