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Director's Activities
9 October 2020: CIL Director Nilüfer Oral Speaks at Conference on UN at 75: Effective Multilateralism and International Law

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’.

Nuclear Law and Policy
8 October 2020: CIL Nuclear Law and Policy Team Participates in ASEAN Centre for Energy’s Panel Discussion on Civilian Nuclear Energy

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’.

Climate Change Law and Policy
8 October 2020: CIL Director Nilüfer Oral Speaks on Ocean Acidification at UN Side Event

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.

Investment Law and Policy
5 October 2020: Official Release of the APEC Handbook on Obligations in International Investment Treaties

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.

Nuclear Law and Policy
1 October 2020: CIL Nuclear Law and Policy Team Participates in OECD NEA’s Celebratory Expert Roundtable

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’.

Director's Activities
1 October 2020: CIL Director Nilüfer Oral Participates as Lecturer in ITLOS-Nippon Capacity-Building and Training Programme

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.

Investment Law and Policy
29 September 2020: Postdoctoral Fellow Neha Mishra Presents Paper at Geneva Trade Week

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.

Director's Activities
17 September 2020: CIL Director Nilüfer Oral Participates as Panellist at Webinar Organised by IUCN World Commission on Environmental Law

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.

Nuclear Law and Policy
16–17 September 2020: Senior Research Fellow Denise Cheong and Research Associate Nivedita S Participate in IAEA and OECD Nuclear Energy Agency’s Webinars Related to the Role of Nuclear in Mitigating Climate Change

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.

Director's Activities
10 September 2020: CIL Director Nilüfer Oral Presents Paper at NYU’s UN Diplomacy Clinic

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.

Director's Activities
9–11 September 2020: CIL Director Nilüfer Oral Presents Paper at Regional Conference on Securing the Limits of the Blue Pacific

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.

Nuclear Law and Policy
3 September 2020: Senior Research Fellow Denise Cheong and Research Associate Nivedita S Attend ESI Webinar on ‘Opportunities and Challenges in Deploying Small Modular Reactors in ASEAN’

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.

Ocean Law and Policy
26–27 August 2020: Senior Research Fellows Youna Lyons and Vu Hai Dang Invited to Asia-Pacific Regional Consultation Meeting Under UNEA Ad Hoc Open-Ended Expert Group

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.

Nuclear Law and Policy
26 August 2020: Senior Research Fellow Denise Cheong and Research Associate Nivedita S Attended IAEA Webinar on ‘Responsibilities and Functions of a Nuclear Energy Programme Implementing Organization’.

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)’.

Nuclear Law and Policy
24–26 August 2020: Senior Research Fellow Denise Cheong and Research Associate Nivedita S Invited to UNECE Working Group

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).

Ocean Law and Policy
6 August 2020: Emeritus Professor Robert Beckman Nominated by Vietnam as Arbitrator Under UNCLOS Annex VII

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.

Investment Law and Policy
Postdoctoral Fellow Neha Mishra Awarded the University of Melbourne Chancellor’s Prize for Excellence in the PhD Thesis

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.

Nuclear Law and Policy
29 July 2020: CIL Nuclear Law and Policy Team Attends Philippines Nuclear Energy Market Update

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.

Nuclear Law and Policy
24 June 2020: CIL Nuclear Law and Policy Team Attends OECD Nuclear Energy Agency’s Online Panel

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.

ASEAN Law and Policy
20 June 2020: Assistant Professor Tan Hsien-Li Speaks at International Conference Organised by Renmin University’s Human Rights Center

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.

Nuclear Law and Policy
15 June 2020: Nuclear Law and Policy Team Participates in OECD Nuclear Energy Agency’s WebChat with HE Michal Kurtyka

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.

Ocean Law and Policy
11 June 2020: Nilüfer Oral and Robert Beckman at the Adoption Ceremony of the Model Agreement between Singapore and ITLOS

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.

ASEAN Law and Policy
11 June 2020: Assistant Professor Tan Hsien-Li Speaks at Webinar on ‘The Importance of Regional (Legal) Cooperation during Time of Pandemic COVID-19’ Organised by Universitas Indonesia

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.

Investment Law and Policy
29 May 2020: Postdoctoral Fellow Neha Mishra Invited to Speak on Webinar on Data Governance

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.

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

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

Investment Law and Policy
18 May 2020: Postdoctoral Fellow Charalampos Giannakopoulos Presents Paper at Online International Economic Law Research Marathon Hosted by Hebrew University of Jerusalem

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.

Investment Law and Policy
Postdoctoral Fellow Neha Mishra Awarded 2019 Harold Luntz Research Prize for Doctoral Thesis ‘When Data Flows Across Borders: Aligning International Trade Law with Internet Policy Objectives’

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.

Investment Law and Policy
Dr Ayelet Berman Elected as Vice Chair of the American Society of International Law (ASIL) International Organizations Interest Group

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. 

Ocean Law and Policy
27–28 February 2020: Senior Research Fellow Dr Tara Davenport Participates in ASEAN Regional Forum Workshop on Dispute Resolution and Law of the Sea in Dili, Timor-Leste

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.

Ocean Law and Policy
25–27 February 2020: Senior Research Fellow Youna Lyons Participates in the Scientific Advisory Committee Meeting on the Assessment on Sources, Pathways and Hazards of litter Including Plastic Litter and Microplastics Pollution in Nairobi, Kenya

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.

Ocean Law and Policy
3–5 February 2020: Senior Research Fellow Youna Lyons Participates in Expert Workshop to Identify Options for Modifying the Description of Ecologically or Biologically Significant Marine Areas (EBSAs) and Describing New EBSAs in Brussels, Belgium

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.

Nuclear Law and Policy
6–7 February 2020: Senior Research Fellow Ms Denise Cheong and Research Associate S Nivedita Participate in 9th Meeting of Nuclear Energy Experts Group

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.

Investment Law and Policy
22 January 2020: Head of CIL’s Investment Law and Policy Programme Jansen Calamita Presents APEC Handbook Project at Side Event to UNCITRAL Working Group III in Vienna

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. 

Investment Law and Policy
20–24 January 2020: CIL Participates as Observer in 38th Session of UNCITRAL Working Group III, Vienna

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.

Ocean Law and Policy
29–30 November 2019: Senior Research Fellow Vu Hai Dang Participates in CSARC Workshop on Regional Cooperation on Marine Environmental Protection in the South China Sea

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’.

Ocean Law and Policy
9–10 December 2019: Senior Research Fellows Youna Lyons and Tara Davenport Participate in Workshop on Informal-Law Making in the Law of the Sea at University of New South Wales

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’.

Nuclear Law and Policy
3–6 December 2019: Nuclear Law and Policy Team Invited to Present at IAEA Workshop

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.

Nuclear Law and Policy
2 December 2019: Research Associate Nivedita S Participates in International Workshop on the Applicability of the Espoo Convention to the Lifetime Extension of Nuclear Power Plants

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).

Climate Change Law and Policy
2–13 December 2019: Associate Director Sharon Seah and Research Associate Amiel Ian Valdez Participate in Annual UN Meetings on Climate Change in Madrid

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).

Ocean Law and Policy
1–4 December 2019: Research Fellow Arron N Honniball Participates in 12th Polar Law Symposium

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).

Nuclear Law and Policy
26–28 November 2019: Nuclear Law and Policy Team Participates in Eighth Working Group Meeting on Environmental Impact Assessment and Strategic Environmental Assessment

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.

Ocean Law and Policy
18–22 November 2019: Senior Research Fellow Vu Hai Dang Participates in Third Meeting of Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics in Bangkok

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.

Nuclear Law and Policy
15 November 2019: Nuclear Law and Policy Team Organises Closed-Door Seminar by Ms Helen Cook

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.  

Investment Law and Policy
14–15 November 2019: Postdoctoral Fellow Neha Mishra Presents Paper at Conference on International Economic Law and Security Interests

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.

Ocean Law and Policy
14–16 November 2019: CIL Co-Sponsors International Conference on Legal, Scientific and Economic Aspects of Deep Seabed Mining in Jamaica

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. 

 

Ocean Law and Policy
13–14 November 2019: Senior Research Fellow Youna Lyons Speaks at 2nd ASEAN Regional Forum Workshop

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: 

11 November 2019: CIL Organises Two Sessions at Southeast Asia of Solutions at UN Regional Headquarters in Bangkok

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.

Ocean Law and Policy
8 November 2019: Research Fellow Arron N Honniball Speaks at UNESCAP Event

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.

Others
7–8 November 2019: Associate Director Sharon Seah Speaks at International Workshop on Partnership to Strengthen Transparency and Co-Innovation (PaSTI) in Manila  

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. 

Ocean Law and Policy
6–7 November 2019: Head of CIL Ocean Law and Policy Programme Robert Beckman Speaks at 11th South China Sea International Conference in Vietnam

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.