Researchers' Activities

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’.