Researchers' Activities
26â28 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 26â28 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.
18â22 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 18â22 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 CILâs research on marine plasticsâin particular the report âA Review of Research on Marine Plastics in Southeast Asia: Who Does Whatââto national delegates, NGOs and industry representatives.
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 âLessons Learnt from the Olkiluoto 3 (Finland) and VC Summer (USA) Nuclear Projectsâ, 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 âNuclear Energy for Australia?â by Ms Cook on 14 November 2019.
14â15 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 TradeâCybersecurity 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.
14â16 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.
- âThe Role of the Seabed Disputes Chamber in Dispute Settlement Relating to Activities in the Areaâ by Judge Albert Hoffmann of the International Tribunal for the Law of the Sea
- âEnvironmental Issuesâ by Dr Philomene Verlaan, visiting oceanographer at the University of Hawaii and Trustee of the Advisory Committee on Protection of the Sea
- âPossible Forums for Liability Claims Arising from Deep Seabed Mining: Problems and Prospectsâ by Dr Tara Davenport, Senior Research Fellow at CIL
13â14 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 13â14 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 âState of science and governance: how does scientific research support action to combat marine plasticsâ and âGovernance framework to combat marine plasticsâ. 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.
8 November 2019:Â 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 ââEndâ IUU Fishing: Expanding Implementation to Achieve SDG Target 14.4â, 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.
7â8 November 2019: Associate Director Sharon Seah Speaks at International Workshop on Partnership to Strengthen Transparency and Co-Innovation (PaSTI) in Manila Â
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 7â8 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 workshopâs 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.
6â7 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 6â7 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.
27 October 2019: Postdoctoral Fellow Neha Mishra Presents Paper at Biennial Asian Economic Law Network Conference
Postdoctoral Fellow Neha Mishra presented her paper titled âInternational Trade Law and Data Ethics: Possibilities and Challengesâ at the 6th Biennial Asian Economic Law Network Conference. The conference was held in Taipei on 25â27 October and was organised by National Tsing-Hua University; Ministry of Science and Technology, Taiwan; Research Center for Humanities and Social Sciences, National Tsing Hua University; and The Erasmus+ Program of the European Union.
Ms Mishra argued that the inherent tension between promoting data/digital innovation and ensuring ethical data management is likely to surface in international trade law, and is particularly prominent when data restrictive measures are examined under exceptions in international trade agreements. This tension appears irresolvable due to the technological uncertainty surrounding the future evolution and uses of AI and Big Data and the absence of international norms on data governance. Although international trade law cannot directly resolve these tensions, trade policymakers should remain open and responsive to relevant policy dialogues on data governance in various governmental and multistakeholder fora. Ms Mishra argued that by doing so, international trade law can play a more proactive and transformative role in dealing with ethical issues in data governanceâaddressing not only infrastructure-related issues (eg, access to telecommunications networks) but also regulatory concerns such as facilitating international cooperation on data policies, supporting internationally recognised internet standards, promoting fair competition and transparency in domestic data policies, and ensuring digital inclusion of developing countries. Trade rules should also not require countries to compromise on their data policies necessary for ethical reasons so as to participate in global digital markets. Although these outcomes appear ambitious, the ongoing dialogues at WTO on electronic commerce provide an opportunity to generate political goodwill and enhance cooperation among countries to achieve these results.
24 October 2019: Senior Research Fellows Youna Lyons and Vu Hai Dang Speak at 4th Fisheries Management and Management Environmental Protection Workshop
Senior research fellows Youna Lyons and Vu Hai Dang presented at the 4th Fisheries Management and Management Environmental Protection Workshop organised by the Centre for Humanitarian Dialogue and the National Fisheries Research and Development Institute in Manila, Philippines, on 24 October 2019. The meeting discussed the establishment of a network of marine protected areas in the SCS.
At the workshop, Ms Lyons presented a mapping exercise of all marine protected areas and ecologically sensitive areas that have been established by coastal countries in the SCS, based on applicable international instruments and publicly available data from WDPA. Dr Dang presented options to support the development of a network of marine protected areas in the South China Sea.
23â24 October 2019: CIL Researcher Eugenio Gomez-Chico Participates in REDIAL Conference in Bogota, Colombia
CIL Researcher Eugenio Gomez-Chico participated in the Conference âREDIAL: Repensar la Enseñanza del Derecho Internacional en AmĂ©rica Latinaâ (Rethinking international legal education in Latin America), which took place in Bogota, Colombia on 23â24 October. He presented CIL’s TRILA programme (Teaching and Researching International Law in Asia), sharing its activities, goals and achievements.
REDIAL, like TRILA, is a project aimed to improve and strengthen the scholarship and community of international law scholars regionally, introducing Latin American perspectives and materials into the curriculum, and critically analysing the traditional Euro-centric contents and history of the discipline. In this second conference, scholars from different universities in the region discussed their challenges in teaching and researching on international law, and publishing in different languages.
21â25 October 2019: Senior Research Fellow Denise Cheong Participates in Faculty Professional Development Course on Nuclear Security Education at RSIS, NTU
Senior Research Fellow Denise Cheong participated in a faculty professional development course on nuclear security education held at the Nanyang Technological University of Singapore. This course was jointly organised by the International Atomic Energy Agency and the S. Rajaratnam School of International Studies. The aim of the week-long course was to build capacity in the design of nuclear security education programmes, including curriculum development, and to support human resource development in Asia. Participants were predominantly academics from a variety of disciplines including natural and applied sciences, social sciences and humanities, representing leading universities from countries within Southeast Asia as well as China, Bangladesh and Pakistan.
16â18 October 2019: Robert Beckman Leads Discussion on Submarine Cables at UNODC Legal Expert Meeting
Robert Beckman participated in the UNODC (United Nations Office on Drugs and Crime) Legal Expert Meeting on the Review of the Maritime Crime Manual for Criminal Justice Practitioners. The meeting was held in Mauritius on 16â18 October 2019. Assoc Prof Beckman led a discussion on the protection of submarine cables and participated in the discussions on stateless vessels, shiprider agreements and transnational maritime environmental crime.
8â10 October 2019: CIL Nuclear Team Participates in Fourth International Workshop on the Indemnification of Damage in the Event of a Nuclear Accident
Senior Research Fellow Denise Cheong and Research Associate Nivedita S participated in the Fourth International Workshop on the Indemnification of Damage in the Event of a Nuclear Accident on 8â10 October 2019, held in Lisbon, Portugal. Organised by the OECD Nuclear Energy Agency (OECD/NEA), the Institute Superior TĂ©cnico (IST), and the Faculty of Law of the University of Lisbon, the workshop brought together more than 140 participants from 29 countries, including representatives from government agencies, operators, suppliers, nuclear insurance pools and mutuals, law firms and academia.
The workshop facilitated in-depth, interdisciplinary discussions on the scope of ânuclear damageâ as defined in the international nuclear third party liability instruments as well as the mechanics of the transboundary claims-handling process, which the conventions do not address. A key outcome of the workshop was the recognition that a common understanding of these issues is needed to effectively and efficiently operationalise the international nuclear conventions in the event of a transboundary nuclear accident. Important links between emergency preparedness and response and nuclear liability were also drawn.
7 October 2019: Head of CIL Ocean Law and Policy Programme Robert Beckman Participates in Arctic Frontiers Symposium
On 7 October 2019 Robert Beckman participated in the Arctic Frontiers symposium organised by Arctic Frontiers in collaboration with the Royal Norwegian Embassy in Singapore, the National University of Singapore and Innovation Norway.
In a panel discussion on Resources of the North, Prof Beckman argued that since the Arctic is an ocean, the right to explore and exploit the natural resources in the Arctic Ocean is governed by the 1982 UN Convention on the Law of the Sea.
25 September 2019: CIL Organises Roundtable in Jakarta on Governance of and Research on Pollution from Marine Plastics in Southeast Asia
The CIL Ocean Law and Policy Programme organised an informal roundtable discussion on the âGovernance of and Research on Pollution from Marine Plastic in Southeast Asiaâ on 25 September 2019 in Jakarta, Indonesia. Participants to the roundtable include representatives from Indonesiaâs relevant government agencies, research institutions and academia from Indonesia, and representatives from permanent missions of ASEAN countries to ASEAN. CIL was represented by Youna Lyons, Dita Liliansa, Vanessa Lam and Vu Hai Dang. Participants shared their research on pollution from marine plastic. For more information on the event, click here.
23â25 September 2019: CIL Researchers Meet ASEAN Secretariat and Permanent Mission of Singapore to ASEAN
On 23â25 September 2019 four researchers from the CIL Ocean Law and Policy ProgrammeâYouna Lyons, Dita Liliansa, Vanessa Lam, and Vu Hai Dangâvisited several divisions of the ASEAN Secretariat in Jakarta. The aims of the visits were to share CILâs research on the protection of the marine environment and, if possible, involve the Secretariat in a manuscript under development.
Inputs from the Secretariat helped to ensure CIL’s accurate interpretation of ASEAN instruments and processes on the protection and management of the marine environment.
19â20 September 2019: CIL Investment Team Convenes Workshop on Management of Reform of Investment Treaty Portfolios
On 19â20 September 2019, the CIL hosted representatives of ten Asia-Pacific economies in Singapore for a workshop on the management of the reform of investment treaty portfolios. The workshop was convened by Research Associate Professor (CIL) N Jansen Calamita (Head, Investment Law and Policy) and attended by CIL researchers Dr Romesh Weeramantry (Head, International Dispute Resolution) and Dr Charalampos Giannakopoulos (Post-doctoral Fellow).
Participants discussed a broad range of issues, including the challenges of successfully updating and managing a countryâs investment treaty portfolio, approaches to treaty drafting, options for reform of the ISDS regime, managing the coexistence of âreformedâ and âunreformedâ treaties in state treaty portfolios, and developing and implementing effective procedures for dispute avoidance and prevention.
The workshop is part of CILâs broader research focus on international investment law and policy and international dispute resolution.
12 September 2019: Research Fellow Arron N Honniball Presents Paper at Third ASEAN-India Workshop on Blue Economy
Research Fellow Arron N Honniball gave a presentation on the progress of and challenges to ASEANâs regional cooperation in maritime safety and security at the Third ASEAN-India Workshop on Blue Economy, held in Bangkok on 12 September 2019. In his presentation, Dr Honniball focussed on the jurisdictional rights and responsibilities of states concerning maritime safety and security as well as the opportunities and necessity of deeper cooperation to help maintain the blue economy.
12 September 2019: Head of Ocean Law and Policy Robert Beckman Speaks at ReCAAP Capacity-Building Executive Programme
At the ReCAAP Capacity-Building Executive Programme held in Singapore from 8 to 13 September, Robert Beckman gave a presentation on the relevance of UN terrorism conventions to attacks on ships in the region.
The programme was jointly organised by the Ministry of Foreign Affairs of Japan and the Maritime and Port Authority of Singapore, together with the ReCAAP Information Sharing Centre.Â
2â6 September 2019: CIL Staff Participate in Asia-Pacific Climate Week in Bangkok
Associate Director Sharon Seah and Research Associate Amiel Ian Valdez participated in the Asia-Pacific Climate Week (APCW) from 2nd to 6th September in Bangkok. The APCW was organised by the United Nations Framework Convention on Climate Change (UNFCCC), in partnership with global and regional organisations. The meetingâs goals are to discuss recommendations to boost regional climate action in the lead-up to the United Nations Secretary-Generalâs Climate Action Summit scheduled for 23 September 2019, and to give impetus to the UNFCCC Conference of Parties (COP) 25 negotiations in Santiago, Chile, in December 2019.
At the APCW, regional stakeholders discussed climate emergency, key vulnerabilities and challenges, and increasing ambition in achieving the Paris Agreementâs goal. They also shared best practices on implementing national climate plans. CIL staff participated in small group workshops and discussions on climate resilience and adaptation, nature-based solutions, transparency arrangements, climate finance, and local actions.
22 August 2019: Robert Beckman Participates in UNESCAP Roundtable at MPA Academy in Singapore
Robert Beckman participated in the UNESCAP Roundtable on 22 August 2019 at the MPA Academy in Singapore, giving a presentation on âTsunami Monitoring from Ships, Offshore Structures and Submarine Cables: Legal And Jurisdictional Issuesâ.
The Roundtable was organised by UNESCAP, the MPA, the IMO, the SSA and the Global Compact Network Singapore in collaboration with 14 other organisations. The title of Roundtable was Maritime Sector Strategies to Augment Tsunami Monitoring with Economic, Safety and Environmental Benefits. The Roundtable discussed the potential public sectorâprivate sector partnerships to augment tsunami-warning systems by placing warning devices on offshore platforms, ships and submarine cables.
21â23 August 2019: CIL Researchers Participate in AsianSIL Conference
CIL researchers participated in the Asian Society of International Law conference in Manila on 21â23 August 2019.
At the Junior Scholarsâ Conference, Dita Liliansa presented on âProtection of Sea Turtles in the Seas of Southeast Asia: An ASEAN Way?â, offering an ongoing investigation on the relationship between ASEAN law, policy and guidelines, and the development of international instruments in the context of the protection of sea turtles in Southeast Asia. Dr Arron Honniball presented on âThe Role of Nationality Jurisdiction in Combating IUU Fishing: Recent Developments for the Asian Regionâ, addressing the evolution of the state of nationality in international fisheries law.
The panel on ASEAN Integration and International Law was filled by the CILâs ASEAN team and chaired by Professor Damian Chalmers, Co-Director (Research) of CIL’s ASEAN Law and Policy Programme. The panellists presented the papers below.
- Dr Melissa Loja: âRegionalisation of Venture Capital Investments and the Compatibility of Regulatory Regimes in Southeast Asia: A Case Study of Fintech regulations in Singapore, Thailand, Indonesia and Philippinesâ
- Dr Heejin Kim: âThe Laws and Politics of Data localization in Southeast AsiaâCompeting Regulatory Goals and Diverging Legal Development
- Loo Jing Xi Gloria: âInstitutional Design and Models of Asian Capitalismâ
- Dr Marija Jovanovic: âTrade-Labour Linkage: ‘From Social Clause Deniers to Trump as the Champion of Labour Rights in Free Trade Agreements and Backâ
In addition, Professor Antony Anghie, Head of CIL’s Teaching and Researching International Law in Asia, convened a popular workshop on teaching and researching in international law. He also spoke on a book panel by the Oxford University Press and a forum on âJunior Scholarsâ Guide to the Nuts and Bolts of How to Make It Past Rejection Slipsâ.
1 August 2019: Research Associate Eugenio Gomez-Chico Presents Paper at Critical Approaches to International Law Symposium
Research Associate Eugenio Gomez-Chico participated in the Critical Approaches to International Law Symposium, organised by Griffith College in Dublin from 1 to 4 August.
In his paper âHuman Rights Courts of the Global South as creators of International Lawâ, Mr Gomez-Chico explored how the Inter-American Court of Human Rights and the African Court of Human and Peoplesâ Rights approach international law: neither embracing it completely nor fully rejecting it, but rather adapting to international legal principles for their purposes, thus âindigenising the universalâ.
16â17 July 2019: Research Fellow Arron N Honniball Presents Paper at Conference on Legal Framework for Marine Scientific Research
Research Fellow Arron N Honniball presented a paper at the conference on Governing Science at Sea: The Legal Framework for Marine Scientific Research, held in Busan, South Korea. The conference was organised by the Korea Institute of Science and Technology and the Law of the Sea Institute, UC Berkeley.
Dr Honniball presented his paper titled âRights and Responsibilities for Marine Scientific Research by Private Entities on the High Seasâ in the first panel, which was tasked to explore the context for marine scientific research. The presentation was based on a paper co-authored by Dr Honniball and Associate Professor Robert Beckman.
4â6 July 2019: Research Fellow Amber Rose Maggio Presents Paper at International Conference on Regulatory Governance
Research Fellow Amber Rose Maggio participated in the International Conference on Regulatory Governance with the theme âUnpacking the Complexity of Regulatory Governance in a Globalising Worldâ at the Chinese University of Hong Kong on 4â6 July 2019. She presented her paper entitled âClimate Change Regulation, Shipping and the WTO: Conflicting Obligations?â in a panel on challenges relating to transnational environmental regulation. Â
30 Juneâ19 July 2019: CIL Researchers Participate in 24th Session of Rhodes Academy of Oceans Law and Policy
At the 24th session of the Rhodes Academy of Oceans Law and Policy, Associate Professor Robert Beckman and Captain Ashley Roach (CIL Visiting Senior Principal Research Fellow) were lecturers, and Research Associate Dita Liliansa was a participant.Â
Attended by 52 participants from different countries, the Rhodes Academy addressed the foundations and various topics of the law of the sea. The Rhodes Academy is a cooperative undertaking sponsored by the Center for Oceans Law and Policy (COLP) at the University of Virginia School of Law, CIL at the National University of Singapore, and other institutions.
17â18 June 2019: CIL Researchers Participate in Working Group on Marine Litter of the Coordinating Body on the Seas of East Asia
On 17 and 18 June 2019, CIL Researchers Youna Lyons and Vanessa Lam participated in the Working Group on Marine Litter of the Coordinating Body on the Seas of East Asia (COBSEA) as observers and contributing experts. Ms Lyons also gave a presentation outlining the scope and findings of NUS research on the âStatus of Research on Marine Plastics in Southeast Asia: Who Does What?â
11â12 June 2019: CIL Research Fellows Present Papers at 16th ASLI Conference
Research Fellows Amber Rose Maggio and Dafina Atanasova participated in the 16th ASLI (Asian Law Institute) conference on ‘The Rule of Law and the Role of Law in Asia’. Dr Maggio gave a presentation on âRegional Cooperation for the Protection of the Marine Environment in Southeast Asia: Can Other Regions Provide Inspiration?â She presented CIL’s work on this topic and some ideas about best practices and shared experiences.
Dr Atanasova presented her paper titled âInvestment Treaties Viewed from Inside the Lion Cityâ. The paper is part of the broader research project on âInvestment Treaties and National Governanceâ (headed by CIL Research Associate Professor Jansen Calamita), studying the extent to which the administrations of Asian states take investment treaties into account in their decision-making processes. Based on a series of interviews with government officials in Singapore and documentary research, the paper opens the âblack boxâ of the Lion City and looks at the impact of investment treaties on its governance. A unitary compact state, Singapore is considered to work as a well-oiled machine and provides a very fruitful terrain for testing some of the core tenets of arguments on investment treatiesâ impacts on governance.
10 June 2019: CIL Researchers Sit as Arbitrators in Vietnam National Rounds of FDI International Moot
For the second consecutive year, CIL was represented in the pool of arbitrators of the Vietnam National Rounds of the FDI International Moot. Research Associate Eugenio Gomez-Chico and Research Consultant Emily Choo sat as arbitrators for various rounds, including the quarter-finals, semi-finals and the final match of the event. This year, team Rigaux from Hanoi Law University won against 14 other teams, advancing to the regional rounds in Seoul, South Korea.
In addition to participating as arbitrators, Ms Choo delivered a lecture on âThe Impact of Amicus Curiae Interventions in Investor-State Disputesâ, and Mr Gomez-Chico spoke on âHow to Prepare and Win an FDI Moot Competitionâ in the workshop.
7 June 2019: Research Associate Eugenio Gomez-Chico Meets Scholars in Hanoi as Part of TRILA’s Outreach Effort
As part of the outreach efforts of the CIL’s TRILA (Teaching and Researching International Law in Asia) programme led by Professor Tony Anghie, Research Associate Eugenio Gomez-Chico met scholars in Hanoi to discuss possibilities of collaboration: Dr Toan Thang Nguyen, Head of the Comparative Law Department at Hanoi Law University; Dr Nguyen Thi Hong Yen, Head of the Public International Law Division at Hanoi Law University; Dr Hai Yen Trinh, Vice Dean of International Law at the Diplomatic Academy of Vietnam; and Mr Nguyen Huu Phu, Head of International Law and Treaties at the Ministry of Foreign Affairs of Vietnam, and representative of the Vietnam Society of International Law.
The attendees discussed the importance of teaching and researching international law in their respective universities, the challenges faced by scholars in Vietnam, and their materials and techniques for teaching international law courses. Mr Gomez-Chico shared with them the progress of the TRILA programme, and invited their inputs on what would be most useful for local scholars regarding future CIL TRILA workshops in Vietnam.
29 May 2019: CIL TRILA Delegation Visits PaññÄsÄstra University of Cambodia
Professor Antony Anghie (Head of International Law Teaching) and Research Associate Eugenio Gomez-Chico visited the PaññÄsÄstra University of Cambodia (PUC) on 29 May, as part of the outreach efforts of CILâs Teaching and Researching International Law in Asia (TRILA) Programme. The visit was arranged by Mr Thol Theany, lecturer of international law at PUC, who participated in the TRILA Conference in 2018. Mr Thol and his colleague, Mr Phan Daro, shared with the CIL delegation their experience as teachers and researchers in Cambodian academia, in particular at PUC.
The CIL delegation met the university students from the masterâs programme in international law and human rights and the bachelorâs programmes in law and international relations. The group engaged in a lively conversation on the students’ interest in international law and insights into the main international legal challenges facing Cambodia. The students overwhelmingly pointed to human rights as the area most relevant to their work, as many of them work in NGOs and government positions related to the topic.
Then Professor Anghie gave a lecture on the historical background of the current international legal order, emphasising the origins of human rights law and Asia’s role in the development of international law.
22â24 May 2019: Research fellow Arron N Honniball Participates in Inaugural NILOS Moot Competition as Judge
Research fellow Arron N Honniball was invited to sit on the Committee of Appointed Judges for the inaugural Netherlands Institute for the Law of the Sea (NILOS) Moot Court Competition, which was organised by Utrecht University. This competition is the first moot court that simulates proceedings under Part XV of the United Nations Convention on the Law of the Sea. Judges graded the memorials submitted by the teams, which pleaded the Case Concerning Certain Activities in the DeGroot Sea before ITLOS. The final rounds of the competition took place on 22â24 May 2019.
15â16 May: CIL Representatives Spoke at 43rd Annual Conference of Center for Oceans Law & Policy of the University of Virginia
CIL was an Associate Sponsor of the 43rd Annual Conference of the Center for Oceans Law & Policy (COLP) of the University of Virginia, which was held at World Maritime University in Malmo, Sweden, from 15 to 16 May 2019. The title of the conference was Marine Biodiversity of Areas Beyond National Jurisdiction: Intractable Challenges and Potential Solutions.
CIL sponsored the participation of four people at the conference. Ms Rena Lee, the President of the UN Intergovernmental Conference on BBNJ, was the keynote speaker. Associate Professor Robert Beckman served as a moderator in one of the sessions, and two of CILâs external consultants, Captain J Ashley Roach and Professor Nilufer Oral, gave presentations. The Conference Programme and PowerPoint presentations are available on the COLP website.
7â8 April 2019: Senior Research Fellow Denise Cheong Presents at CSCAP Study Group and ASEAN Regional Forum
Senior Research Fellow Denise Cheong presented at the Sixth Meeting of the CSCAP Study Group on Non-proliferation and Disarmament in the Asia-Pacific and the 11th ASEAN Regional Forum Inter-Sessional Meeting on Non-proliferation and Disarmament (as part of the CSCAP delegation) held on 7 and 8 April 2019 in Bali, Indonesia. On behalf of the ESI-CIL Nuclear Governance Project, she presented on the âGovernance of Nuclear Energyâthe ASEAN Approachâ. This presentation discussed the role of the Southeast Asia Nuclear-Weapon-Free-Zone Treaty as an intrinsic part of the approach; the relationship of the approach to international rules, standards and practices; and the importance of fundamental principles of ASEAN engagement in helping to shape the approach. This presentation was based on a review of relevant ASEAN instruments.
27â29 March 2019: Senior Research Fellow Tara Davenport Participates in ASIL Annual Meeting 2019
Dr Tara Davenport participated in the Annual Meeting of the American Society of International Law (ASIL) held in Washington DC from 27 to 29 March 2019. On a panel titled âDeep Seabed Mining in Crowded Oceansâ, she engaged in a discussion on the various challenges facing deep seabed mining 25 years after the International Seabed Authority was established.
25â26 March 2019: Ocean Law and Policy Programme Head Robert Beckman Speaks at UNODC Global Maritime Crime Programme Workshop on Submarine Cables in Colombo
CIL Ocean Law and Policy Programme Head, Robert Beckman, participated in a Submarine Cables Meeting in Colombo, Sri Lanka from 25 to 26 March 2019. The meeting was organised by the UNODC Global Maritime Crime Programme and the government of Sri Lanka. Associate Professor Beckman presented on causes of submarine cable faults and chaired a session on the legal issues that must be addressed to protect submarine cables.
3 March 2019: Research Consultant Emily Choo Serves as Judge at Vietnam CISG Pre-Moot
Research Consultant Emily Choo was a judge at the Vietnam CISG Pre-Moot. She was previously invited to judge the national rounds of both the Foreign Direct Investment Moot and the Red Cross International Humanitarian Law Moot.
28 February 2019: Research Fellow Dafina Atanasova Presents Paper at Workshop Organised by Amsterdam Center for International Law
Research Fellow Dafina Atanasova participated in a two-day workshop titled âEngaging with Domestic Law in International Adjudication Factfinding or Transnational Law-Making?â organised by the Amsterdam Center for International Law under the University of Amsterdam.
Dr Atanasovaâs presentationââWhat Do We Actually Disagree About When Discussing the Fact-Law Dichotomy in International Adjudicatorsâ Engagement with Domestic Law?ââkick-started the workshop in a panel chaired by Professor Ingo Venzke. The paper demonstrates that the classic way of seeing domestic law in international adjudication along a fact-law divide serves as a rhetorical device with limited analytical import. Looking at the practice of investment arbitrators and WTO adjudicators, the paper brings to light the fallacy of relying on whether an adjudicator classifies domestic law as either âlawâ or âfactâ for understanding its actual procedural place. It proposes a more granular analytical framework for this understanding, informed by questions that define the procedural place of foreign law in conflict of laws and suggesting the âothernessâ of domestic law as a more attuned lens. Indeed, judicial practice in both conflict of laws and international economic law shows that it is the recognition that different legal systems are habitually created, adjudicated and enforced by distinct, ie âotherâ institutions, which better explains adjudicatorsâ approaches, independently of the formal characterisation of the âotherâ law along a fact-law divide.
26â27 February 2019: Senior Research Fellow Youna Lyons Speaks and Moderates at ASEAN Regional Forum Workshop
Senior Research Fellow Youna Lyons was invited as a speaker and moderator to the ASEAN Regional Forum Workshop: Implementing UNCLOS and Other International Instruments to Address Emerging Maritime Issues. The workshop included three main themes: traditional security; issues relating to the sustainable management of natural living resources and conservation of the marine environment; and climate change impacts.
Ms Youna Lyons was a moderator on the second theme and presented on the third theme on the topic of international and regional legal and institutional framework applicable to environmental threats in the Asia Pacific, including from climate change and greenhouse gas emissions from shipping. She distinguished legal instruments and regulations applicable to mitigation of greenhouse gas concentration in the atmosphere and in the ocean from those applicable to adaptation from climate change. She also argued that climate change affects all maritime activities. Finally, the presentation of the regional bodies that form the regional institutional framework highlighted the number of bodies concerned with climate change impact and the need for robust cooperation to ensure adequate mitigation and adaptation. The presentation is available here.
19â20 February 2019: Research Fellow Amber Maggio Participates in UNODC Contact Group on Sulu and Celebes Seas
Research Fellow Amber Maggio participated in the UNODC Contact Group on the Sulu and Celebes Seas: Mapping and Responding to Global Maritime Crime, which was held in Manila, Philippines.
The meeting focussed on the recommendations from the previous contact group meeting in August 2018 and their implementation, particularly challenges, responses and the need for information sharing. In addition, the shipping industry and humanitarian organisations shared their perspectives on working with victims of maritime crimes and their families.
Dr Maggio participated in the operations working group, where the possibility of a maritime law enforcement cooperation (or agreement) was discussed.
18â22 February 2019: Research Associate Dita Liliansa Speaks at 6th Global Fisheries Enforcement Training Workshop in Bangkok
Research Associate Dita Liliansa was invited to speak at the 6th Global Fisheries Enforcement Training Workshop on 18â22 February 2019 in Bangkok, Thailand. The workshop gathered about 135 experts and monitoring, control and surveillance practitioners from around 37 countries, to discuss best practices as well as innovative tools and technologies to combat illegal, unreported and unregulated (IUU) fishing.
Ms Dita Liliansa delivered a presentation on âImplementation of Port State Measures Agreement in Southeast Asiaâ. The presentation offered a comparison of the regional bodies dealing with the implementation of the Port State Measures Agreement in Southeast Asia and discussed possible cooperation forward. The presentation slides can be downloaded here.
13 February 2019: CIL Director Lucy Reed Speaks at ISDS Reform Conference Organised by Asian Academy of International Law and Hong Kong SAR Department of Justice
On 13 February 2019, Director Lucy Reed participated in the conference on âISDS Reform: Mapping the Way Forwardâ organised by the Asian Academy of International Law (AAIL) and the Hong Kong SAR Department of Justice. The welcoming speakers included Ms Teresa Cheng GBS SC JP, the Hong Kong SAR Secretary for Justice. The conference featured four panelsâInvestment Mediation, Appeal Mechanism for ISDS Awards, Third Party Funding in ISDS and Appointment of Arbitratorsâand an Oxford Union style Debate on whether a Permanent Investment Court is a possible solution to ISDS problems. In an innovative approach, each panel had the benefit of a detailed discussion paper by a young private or government practitioner.
Professor Reed spoke on the Investment Mediation panel, on the topic of how to incentivise host governments and investors to use investor-State mediation. Also on the panel were (as pictured) Dr Anthony Neoh (AAIL Chairman), Professor Jack Coe from Pepperdine Law School and Paul Starr from King & Wood Mallesons. The discussion paper was from David Ng of the Hong Kong SAR Department of Justice.
30 January 2019: Senior Research Fellow Hao Duy Phan Spoke at Asia Defence Expo & Conference Series
Senior Research Fellow Hao Duy Phan was invited to speak at the 2019 Maritime Patrol Asia Conference, Asia Defence Expo & Conference Series (ADECS) on 29â30 January 2019 in Singapore. Dr Phan delivered a presentation on âCommon Approaches to Countering Piracy and Maritime Crimes in the Asia-Pacific: Challenges and Opportunitiesâ, which he co-authored with Ocean Law and Policy Programme Head Robert Beckman.
During the presentation, Dr Phan offered an overview of the international legal framework on countering piracy and maritime crimes. He examined the current threats to maritime security in the region and provided a detailed account of cooperative efforts in the region to respond to these threats. He also made several observations and suggestions to increase the effectiveness of regional cooperation on maritime security.
29 January 2019: CIL Researchers Participate in ASEAN Coordinating Committee on Investment in Brunei
On 29 January 2019, CIL participated in the 73rd meeting of the ASEAN Coordinating Committee on Investment (CCI) held in Bandar Seri Begawan, Brunei Darussalam. The meeting was attended by Research Associate Professor (CIL) N Jansen Calamita, Head of CILâs Investment Law and Policy Programme, and CIL Visiting Research Consultant Dr Charalampos Giannakopoulos.
The meeting was convened to discuss, among others, proposals being put forward internationally on the topic of investor-state dispute settlement (ISDS) reform. Research Assoc Prof Calamita delivered a presentation, addressing the drivers for ISDS reform, available reform options, and modalities through which different reform options may be implemented.
CILâs participation in the work of the ASEAN CCI is part of the Centreâs broader engagement with the topic of appellate mechanisms and standing tribunals in the settlement of investor-state disputes.
24â25 January 2019: CIL Researchers Participate in 8th Meeting of Nuclear Energy Experts Group
Senior Research Fellow Ms Denise Cheong and Research Associate S Nivedita participated in the 8th meeting of the Nuclear Energy Experts Group held from 24 to 25 January 2019 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 or exporter countries. The meeting specifically considered the potential for applying the governance framework constituted by the Southeast Asian Nuclear-Weapons-Free Zone Treaty (SEANWFZ Treaty) and its plans of action. Participants also discussed the potential implications of new technologies, such as distributed ledger and blockchain technologies, and 3D printing on nuclear governance.
18 January 2019: Director Lucy Reed Delivers Keynote Address at Inaugural Schiefelbein Global Dispute Resolution Conference at Sandra Day OâConnor School of Law at Arizona State University
On 18 January, Director Lucy Reed delivered the keynote address at the inaugural Schiefelbein Global Dispute Resolution Conference at the Sandra Day OâConnor School of Law at Arizona State University. Mr Lester Schiefelbein, the former Vice-President of Lockheed Martin Space Systems and CEO of the Silicon Valley Arbitration & Mediation Center, and his family have endowed this new Global Dispute Resolution Program for annual conferences and scholarships.
The title of Professor Reedâs address was âUltima Thule: Prospects for International Commercial Mediationâ, connecting the topic to Ultima Thule, the 4.5 billion-year-old rock newly discovered in outer-outer space and photographed by NASAâs New Horizons spacecraft. Pending formal posting on the Shiefelbein Dispute Resolution Program website, a working copy of the address can be downloaded here.
The conference included panels on âTechnology in Arbitration and Arbitration in Technologyâ, âChinaâs Belt and Road: Impressive Scale and Unprecedented Riskâ and âAtmospheric Arbitration: Resolving Climate Change Related Disputesâ, as well as a roundtable with corporate counsel from Baker Hughes/GE Oil & Gas, Raytheon Missile Systems, Avent Inc and the American Arbitration Association. It was a global event, featuring speakers from Washington DC, San Francisco, New York, Phoenix, Houston, Tucson, London, Shenzen, Hong Kong, Seoul, Singapore, The Hague and Mexico City.
The conference was organised by Mr Lester Schiefelbein and Professors Victoria Sahani and Art Hinshaw of the Sandra Day OâConnor School of Law, pictured here with Professor Reed.
8 January 2019: Practice Fellow Rachel Tan’s Team Won ECC-SAL International Mooting Competition
 Rachel Tan Xi’en (CIL Practice Fellow) and Dana Chang (Wong Partnership) emerged champions at the Essex Court ChambersâSingapore Academy of Law (ECC-SAL) Mooting Competition 2019, after five rounds of competition. They won against the team from Wong Partnership in the final round held on 8 January 2019 at the Supreme Court of Singapore.
The ECC-SAL Moot is open to young lawyers from around Asia who have been qualified for no more than three years, to hone their advocacy skills. This year’s topic involved a dispute before the Singapore International Commercial Court concerning the question of the implication of terms in a contract and the validity of entire agreement clauses. The moot finals were judged by Justice Kannan Ramesh (Supreme Court of Singapore), David Foxton QC (Head of Essex Court Chambers) and Ng Jern-Fei QC (Essex Court Chambers).
5â7 December 2018: Senior Research Fellow Youna Lyons Delivers Keynote Speech to International Conference on Plastics in the Marine Environment (ICPME) 2018
Senior Research Fellow Youna Lyons was invited as a keynote speaker to the International Conference on Plastics in the Marine Environment (ICPME) 2018, hosted by the National University of Singapore on 5â7 December 2018. The programme of the conference provided a comprehensive discussion of issues related to the introduction of plastic in the marine environment from the perspectives of plastic chemists and biochemists, marine ecologists, oceanographers, human health, pollution monitoring, and research on marine ecological and socio-economic impacts. It also included a discussion of the international legal framework and possible paths to tackle the issue, including the development of a circular economy and other solutions for the future.
Ms Lyons presented the status and prospects of the international legal framework to manage marine plastics in Southeast Asia. The presentation identified the possible angles of an ocean law and policy approach to the issue of marine plastic pollution and provided an overview of the international legal framework. It emphasised relevant provisions from the United Nations Convention on the Law of the Sea, which can be used to frame scientific research on marine plastic in order to inform the content of statesâ obligation to protect and preserve the marine environment in this context. Ongoing working groups in different international and regional bodies and their respective importance were also highlighted. The presentation slides can be downloaded here.
29 Novemberâ1 December 2018: CIL Research Assistant JR Robert Real Attends ALSA 2018 Conference
CIL Research Assistant JR Robert Real presented his paper entitled ‘Public Welfare and Human Dignity in the Philippines’ at the ALSA 2018 Conference: Law in the Asian Century. Held from 29 November to 1 December 2018 in Gold Coast, Australia, the conference was organised by the Asian Law and Society Association, the Australian Network for Japanese Law (ANJeL), the Asia Pacific Legal Institute of Australia (APLIA), and Bond University. His paper discusses how the Philippine Supreme Court has been using the concept of human dignity to both justify and limit the exercise of the stateâs regulatory power, as well as a tool to discover new rights that advance human dignity.
28 November 2018: Research Associate Professor N Jansen Calamita Was Lead Facilitator at Regional Forum in Manila
Research Associate Professor N Jansen Calamita was the lead facilitator at two-day regional forum in Manila on âInvestment Disputes, Resolution and Prevention.â The forum was organised by the Philippine Board of Investment, with support from the ASEAN Secretariat, under the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) Economic Cooperation Support Program (AECSP). The forum aimed to support AANZFTA Parties on effectively managing commitments, improving investor confidence in the AANZFTA investment environment, and increasing government confidence in investment policy making.
Research Assoc Prof Calamita noted that the forum served as an opportunity to share experiences among the AANZFTA Parties and helped build the capacities of participants in considering measures for the implementation and management of investment treaty commitments.
27 November 2018: CIL Sponsors Panel on Legal and Institutional Marine Environmental Governance in Southeast Asia at EAS Congress
CIL sponsored a panel on âLegal and Institutional Mechanisms to Manage the Marine Environment in the Seas of Southeast Asia: Status and Way Forwardâ at the Sixth East Asian Seas Congress (EAS Congress) in Iloilo, Philippines on 27 November 2018. The theme of the EAS Congress this year was â25 Years of Partnerships for Healthy Oceans, People and Economies: Moving as One with the Global Ocean Agendaâ. The event is co-organised every three years by the Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) and includes a Ministerial Forum on the last day of the meeting.
This CIL-sponsored session aimed to investigate and discuss the extent to which regional institutions can and may foster a common understanding of applicable international law and facilitate implementation. An underlying question in this investigation was to assess the possibility of following an ASEAN way and bypassing the need for a regional, binding and overarching agreement for the protection of the marine environment.
The CIL panel session comprised presentations by CIL researchersâAmber Rose Maggio, Dita Liliansa and Youna Lyonsâfollowed by comments by Raphael Lotilla, former Director of PEMSEA and Somboon Siriraksophon, SEAFEC Project Director. The three speakers focussed on the following topics:
- principles and rules of international marine law applicable to the seas of Southeast Asia;
- regional institutions and the protection of the marine environment in Southeast Asia; and
- application of international marine law to the seas of Southeast Asia, with the examples of sensitive marine areas, the IOSEA Marine Turtle Memorandum of Understanding and Fisheries Refugia.
The speakers brought together the overarching international legal framework, comparisons of regional cooperative mechanisms and specific examples of application of the international legal framework by regional bodies. Click here for the session’s highlights.
This comparison of regional institutions and coordination mechanisms is part of an ongoing study of regional cooperation mechanisms for the protection of the marine environment in Southeast Asia. It will be updated as CIL’s research progresses. Click on the links below for more information on the panel.Â
- Table of international environmental law treaties applicable to the protection of the marine environment in Southeast AsiaÂ
- Diagram of regional bodies involved in the protection of the marine environment in Southeast AsiaÂ
- Map of sensitive marine areas in Southeast Asia under international law
- Session brochure
21 November 2018: CIL Participates in NUS-Sweden Arctic Roundtable
Head of Ocean Law and Policy Robert Beckman and Research Associate Millicent McCreath participated in the NUS-Sweden Arctic Roundtable on 21 November 2018 at the National University of Singapore (NUS). The Roundtable was organised by the Embassy of Sweden and the NUS Energy Studies Institute. Speakers included the Swedish Ambassador for Arctic Affairs, the Director-General of the Swedish Polar Institute and the Swedish Ambassador to Singapore. Representatives from several NUS research institutes outlined their research activities on the Arctic.
Associate Professor Beckman gave a brief presentation on CILâs research on the Arctic, including the recently revised CIL Arctic Guide prepared by Captain J Ashley Roach.
21 November 2018: Practice Fellow Rachel Tan Xi’en Wins 2018 CIArb Competition
Practice Fellow Rachel Tan Xi’en won the 2018 CIArb Competition on 21 November 2018. The essay competition is organised by the Singapore branch of the Chartered Institute of Arbitrators. The essay topic concerns a scenario on a culture clash between common and civil law procedures and the different approaches to taking evidence in international arbitration in the two legal systems. It invites entrants to submit a draft procedural order and an explanatory note to that order. The judging panel comprised Ms Judith Gill QC and Mr Duarte G Henriques.
This is the third time that a CIL researcher has won the CIArb Competition. In 2013 and 2015, Harpreet Kaur Dhillon and James Losari won the competition respectively.
21â22 November 2018: CIL Researchers Attend ICLOS Conference on Artificial Islands Beyond National Jurisdiction in Bandung, Indonesia
Youna Lyons and Dita Liliansa participated in the Indonesian Centre for the Law of the Sea (ICLOS)Â Conference on Artificial Islands Beyond National Jurisdiction. The conference was organised by Universitas Padjadjaran in Bandung, Indonesia.
Ms Lyons was invited as a speaker and gave a presentation on âArtificial Islands, Installations and Related Activities by Non-State Actors in Area Beyond National Jurisdictionâ.
8â10 November 2018: Research Associate Melissa Loja Presents Paper at 2018 ASIL Research Forum in Los Angeles
At the 2018 American Society of International Law (ASIL) research forum, Research Associate Melissa Loja presented her paper âRecent Engagement with International Human Rights Norms by Courts in Southeast Asia: New Challenges to Human Rights Theoriesâ.
She discussed that in recent cases involving arbitration and judicial immunity, Singapore courts relied on European Convention on Human Rights (ECHR) norms; Malaysiaâs Court of Appeal based two decisions on the ASEAN Human Rights Declaration (AHRD), despite lack of legislative incorporation; the Philippine Supreme Court applied the Convention for the Protection of all Persons from Enforced Disappearances (CPPED), which the government had repeatedly refused to ratify; and Indonesiaâs Constitutional Court invoked UN human rights instruments to justify the ex post facto prosecution of the past regime for human rights violations.
This engagement with international human rights norms has three distinctive features: 1) preference for ECHR norms over AHRD norms; 2) subversion of the ethos of human rights; and 3) lack of indication that the courts see themselves as agents of an exogenous regional or global normative order.
These distinctive features cannot be adequately explained by the main universalist, pluralist and institutionalist/neo-institutionalist paradigms about international human rights norms and their application by domestic courts. A re-examination of these paradigms is imperative.
8â10 November 2018: Senior Research Fellow Ayelet Berman Presents Paper at American Society of International Law Research Forum
Dr Ayelet Berman presented a paper at the American Society of International Law Research Forum at UCLA. The paper is on âInvestment Treaties and National Governanceâ, co-written with Research Associate Professor N Jansen Calamita. The paper sets out a conceptual framework for examining the internalisation of investment treaties in national governance. It is the draft framing paper of a project on âInvestment Treaties and National Governanceâ launched by CILâs Investment Law and Policy research group, which examines the internalisation of investment treaties in a select group of East Asian countries.
7â9 November 2018: A/P Robert Beckman Participates in 10th South China Sea International Conference Organised by Diplomatic Academy of Vietnam
Ocean Law and Policy Programme Head Robert Beckman participated in the 10th South China Sea International Conference organised by the Diplomatic Academy of Vietnam. The conference was held from 7 to 9 November 2018 in Da Nang, Vietnam. The 10th conference in this series was attended by more than 200 participants from Vietnam, the region and many countries. A/P Beckman chaired one session, gave a presentation in another session, and was a panellist in the final wrap-up session. His presentation was entitled âNoncompliance and Integrity of Maritime Legal of the Maritime Legal Orderâ. Click on the links for the abstract and PowerPoint slides.
29â30 October 2018: Global Associate Tara Davenport Attends Second ISA- ICPC Workshop on Deep Seabed Mining and Submarine Cables
Dr Tara Davenport participated in the Second Workshop on ‘Developing Options for the Implementation of the Due Regard and Reasonable Regard Obligations under UNCLOS’ held in Bangkok, Thailand on 29â30 October 2018. The workshop was the second one organised by the International Seabed Authority (ISA) and the International Cable Protection Committee (ICPC) to address the coexistence of submarine cables and deep seabed mining in areas beyond national jurisdiction. The workshop brought together representatives from the ISA, the ICPC, the cable industry, the mining industry, academia, and government representatives to discuss practical solutions to minimise interference with these two important uses of the oceans. Dr Davenport served as facilitator for the round-table discussions between the cable industry and deep seabed mining industry.
29 Octoberâ2 November 2018: CIL Participates in 36th Session of UNCITRAL Working Group III
On 29 Octoberâ2 November 2018, CIL participated as observer in the 36th session of UNCITRAL Working Group III held in Vienna, Austria. The meeting was attended by Research Associate Professor (CIL) N Jansen Calamita, Head of CILâs Investment Law and Policy Programme, and Dr Charalampos Giannakopoulos, CIL Visiting Research Consultant.
Convening twice annually, UNCITRAL Working Group III brings together more than 200 government officials, UN officials and NGO representatives, with a mandate to (i) identify concerns raised by the current mechanisms for resolving investor-state disputes, (ii) discuss the desirability of reform in light of the concerns identified, and (iii) propose relevant solutions. During the Vienna meeting, discussions focussed on the second part of the above three-part mandate.
Research Assoc Prof (CIL) Calamita contributed to the discussions by delivering an address on the effects of third-party funding practices on investor-state dispute settlement and arguing for the desirability of reform in this respect. CILâs participation in the UNCITRAL Working Group III is part of the Centreâs broader engagement with the topic of reform of investor-state dispute settlement, including through the possible establishment of appellate mechanisms and standing tribunals.
22â26 October 2018: Senior Research Fellow Youna Lyons Attends the 73rd Meeting of the Marine Environment Protection Committee of the IMO
Senior Research Fellow Youna Lyons attended the 73rd meeting of the Marine Environment Protection Committee of the International Maritime Organisation (IMO). The meeting took place from 22 to 26 October 2018. Ms Lyons was head of delegation of the Advisory Committee for the Protection Sea, an NGO with a consultative status at the IMO. In addition to most plenary meetings, she took part in three working groups on marine plastics, underwater noise and biofouling.
18 October 2018: Oceans Programme Head Robert Beckman Participates in Law of the Sea Workshop in Kuala Lumpur
Ocean Law and Policy Programme Head Robert Beckman participated in a Law of the Sea Workshop in Kuala Lumpur on 18 October 2018. Organised by the Maritime Institute of Malaysia (MIMA) and the Japanese Embassy in Malaysia, the workshop was on a rules-based order for the oceans and issues pertaining to activities in the South China Sea. Associate Professor Beckman gave a presentation on âUNCLOS as a Rules-Based Order for the Oceansâ.
13â14 October 2018: CIL Researchers Present Papers at Asian Society of International Law Conference in Beijing
CIL researchers presented papers at the conference âInternational Law in Asia: Challenges and Opportunitiesâ in Beijing. The conference was organised by the Asian Society of International Law and Renmin University of China Law School
Research Fellow Amber Rose Maggio presented a paper entitled âRegional Cooperation for Protection of the Marine Environment in Southeast Asiaâ. The paper focussed on cooperation in the South China Sea and explored current trends in regional cooperation in Southeast Asia, including the challenges faced and future prospects in the region. Dr Maggio highlighted particularities of the region with regard to cooperative efforts, in order to understand the best way to approach the analysis.
Research Associate Millicent McCreath presented a paper entitled âUNCLOS Legal Framework for Cooperation in East and Southeast Asia on the Reduction of Marine Plastic Pollution from Land-Based Sourcesâ. In her paper, Ms McCreath sought to clarify the content of the UNCLOS obligations on land-source pollution and regional cooperation, to encourage states to take active measures to prevent marine plastic pollution, and to work together to that end. The paper also addressed the legal implications of failing to meet these obligations, particularly the risk of compulsory dispute settlement procedures under UNCLOS.
5 October 2018: Research Fellow Zhen Sun Presents Paper at The Legal Regime of Underwater Cultural Heritage and Marine Scientific Research Conference in Bodrum, Turkey
At The Legal Regime of Underwater Cultural Heritage and Marine Scientific Research Conference in Bodrum, Turkey, Research Fellow Sun Zhen presented a paper titled âProtecting Underwater Cultural Heritage in the EEZ and on the CSâCould the Marine Scientific Research Regime Play a Role?â The conference was organised by the Research Center of the Sea and Maritime Law, DEHUKAM, Ankara University, and co-organised by the Center for Oceans Law and Policy (COLP), University of Virginia. Click here for the abstract.
15 September 2018: CIL Director Delivers Keynote Address at Conference in Commemoration of Professor David D Caron at University of California, Berkeley
CIL Director Lucy Reed delivered a keynote address on 15 September 2018 at the Conference in Commemoration of Professor David D Caron held at the Boalt Hall School of Law, University of California at Berkeley. At the time of his tragic, premature death in February 2018, Professor Caron was sitting as a judge on the Iran-US Claims Tribunal, an ad hoc judge in two ICJ cases, and an arbitrator in several complex international arbitrations. He was formerly Dean of the Dickson Poon School of Law at Kings College London and a chaired professor of law at Berkeley. Professors Reed and Caron, who were friends for some 35 years, had both served as President of the American Society of International Law and Chair of the Institute for Transnational Arbitration.
The conference, entitled âThe Elegance of International Lawâ, featured high-level panels focussed on Professor Caronâs main areas of interest: international dispute resolution, legitimacy of international law and institutions, and the law of the sea and international environmental law. In her keynoteââThe David Caron Rule of XââProfessor Reed described and developed a lecture Professor Caron gave at the opening of the year in September 2017 at MIDS (Masters in International Dispute Resolution) at the Graduate Institute in Geneva. This was a work in progress, in which Professor Caron focussed on the need for international arbitrators to exercise personal discipline to limit their caseloads to the number of arbitrations they can responsibly handleânamely, a personal âXâ number of arbitrationsâand thereby facilitate the process of more appointments for a more diverse pool of arbitrators.
The conference papers will be published by the Berkeley Journal of International Law and the Ecology Law Quarterly.
13 September 2018: CIL Researchers Present Papers at 14th Annual Conference of European Society of International Law
Research Fellow Amber Rose Maggio and Postdoctoral Fellow Marija Jovanovic presented papers at the International Law and Universality Conference in Manchester organised by the European Society of International Law.
Dr Maggio’s paper was entitled âMarine Environmental Protection, Regional Cooperation and Universality: The Particular View from Southeast Asiaâ. The paper explored the preference for universality in environmental standard setting with regard to marine environmental protection, how regionalism and regional cooperation may be replacing universalism in the implementation of measures for the protection and preservation of the marine environment, and what the implications are for states in Southeast Asia. The paper discussed the legal framework and possible move away from universality, regional cooperation mechanisms, the particular view from Southeast Asia with a focus on the South China Sea, and future prospects.
Dr Jovanovic presented a paper entitled âEurope, Trade Deals and Forced and Child Labour in Developing States: Towards a More Principled Approachâ. She explored the extraterritorial reach of the European Convention on Human Rights (ECHR) in cases of forced and worst forms of child labour when these practices occur within the supply chains of companies domiciled in European states. Exposing an unprincipled gap in the current ECHR jurisprudence, the paper argued that the absence of any state responsibility pertaining to activities of business enterprises domiciled in their territory, especially in countries with well-known and severe governance gaps, undermines the universal reach of the absolute prohibition of slavery and forced labour and effectively encourages and facilitates such practices outside the European espace juridique. The paper then presented reasons for and ways of framing statesâ positive obligations in these circumstances that are consistent with the principles of interpretation of the ECHR and with the growing international recognition of such duties by international organisations and established precedents in some domestic jurisdictions.
10â12 September 2018: Research Fellow Dafina Atanasova Participates in Trade Law Forum Incheon 2018
Research Fellow Dafina Atanasova attended the Trade Law Forum Incheon 2018, which gathered regional perspectives on ISDS reform from Asia-Pacific states in relation to the ongoing work of UNCITRAL on the topic. Her participation is part of the broader engagement of the Centre for International Law with the topic of appellate mechanisms and standing tribunals for investor-state disputes, and more specifically with the work of UNCITRAL Working Group III.
6â7 September 2018: Research Assistant JR Robert Real Participates in Philippine Society of International Law Inaugural National Conference
Research Assistant JR Robert Real presented his paper entitled âNational courts collectively creating regional norms in ASEANâ at the Philippine Society of International Law Inaugural National Conference. Held from 6 to 7 September 2018 in Quezon City, the Philippines, the conference was organised by the Philippine Society of International Law and the University of the Philippines. Mr Realâs paper explored the role of Southeast Asian judiciaries in developing regional environmental norms amid the lack of a regional court.
4 September 2018: Research Fellow Dr Zhen Sun Lectures at ReCAAP Capacity Building Workshop in Yangon
Research Fellow Dr Zhen Sun participated in the âReCAAP Capacity Building Workshopâ in Yangon, Myanmar, on 3â6 September 2018. ReCAAP is the first Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). The workshop brought together 25 ReCAAP Focal Point Officers from 14 ReCAAP member states, and other law enforcement officers from Myanmar. The workshop focussed on sharing knowledge and experiences among the Focal Points, and on discussing challenges faced by the ReCAAP Information Sharing Centre and the Focal Points in dealing with piracy and armed robbery against ships in Asia.
Dr Sun gave a lecture on âBasics of International Law of the Seaâ. In the lecture, Dr Sun gave an overview of the current legal framework of the law of the sea, discussed the differences between the definitions of piracy and armed robbery against ships, and the relevant international regulations of both activities. To access the presentation, click here.
24â27 August 2018: Team Coached by Research Associate Rachel Tan Emerges Runner-Up Team at ALSA Investment Law Moot
Research Associate Rachel Tan coached the NUS team that emerged runner-up at the Asian Law Students Association (ALSA) Investment Law Moot held in Yangon from 24 to 27 August 2018. At the keenly contested final, two NUS teams battled through four intense rounds simulating an investor-state dispute before the Permanent Court of Arbitration. The runner-up team comprises second-year NUS law students: Ong Kye Jing, Wileen Saw, Timothy James Chong, and Isabella Tan.
19â24 August 2018: CIL Researchers Participate in International Law Association Biennial Conference in Sydney
CIL researchers Tara Davenport, Millicent McCreath and Christine Sim recently participated in the International Law Association Biennial Conference in Sydney. CIL organised a panel on âThe Inherent Changeability of the Due Diligence Principle: Challenges for the Development of International Environmental Lawâ, which was chaired by Professor Rosemary Rayfuse.
Ms Tara Davenport spoke on this panel on âThe Inherently Changeable Due Diligence Principle and the Protection of the Marine Environmentâ. Other speakers on this panel were Justice Nicola Pain of the Land and Environment Court of NSW, Dr Aline Jaeckel from Macquarie University and Professor Marie-Claire Cordonier Segger of the University of Waterloo/ University of Cambridge.
Ms Millicent McCreath was a speaker on the panel on âThe Tide of Change: New Responses to Environmental Challenges in the Pacific Oceanâ, organised by the Australian and New Zealand Society of International Law. The topic of her presentation was âPSIDS Request for an ITLOS Advisory Opinion on the Content of UNCLOS Climate Change Obligationsâ.
Ms Christine Sim spoke on a panel on âInvestment Disputes and Challenging Boundary Issues over Land and Seaâ. Her topic was âInvestment Disputes in Areas of Uncertain Sea Boundaries: Ghana/Cote dâIvoireâ. Â
18â19 August 2018: Oceans Law and Policy Programme Head Robert Beckman Presents at the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific
Associate Professor Robert Beckman participated in the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific on 18â19 August 2018 at the State Library of New South Wales, Sydney, Australia. The Conference was organised by the Korea Institute of Ocean Science & Technology (KIOST) and the Asia Pacific Ocean Law Institutions Alliance (APOLIA). Assoc Prof Beckman gave a presentation in the session on ‘Regional Initiatives in the South China Sea’ and Chaired the discussion in the session on ‘State Practice in Southeast Asia’. For copy of his presentation, click here.
18â19 August 2018: Ocean Law and Policy Programme Head Robert Beckman Participates in APOLIA-KIOST Conference on Area-Based Marine Protection in Asia-Pacific
Oceans Law and Policy Programme Head Robert Beckman participated in the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific on 18â19 August 2018 at the State Library of New South Wales, Sydney, Australia. The conference was organised by the Korea Institute of Ocean Science & Technology (KIOST) and the Asia Pacific Ocean Law Institutions Alliance (APOLIA). Associate Professor Beckman gave a presentation in the session on ‘Regional Initiatives in the South China Sea’ and chaired the discussion in the session on ‘State Practice in Southeast Asia’. For copy of his presentation, click here.
15â16 August 2018: CIL and ESI Researchers Participate in the RSIS-PDC ASEAN Workshop on ASEAN Disaster Management
Senior Research Fellow Denise Cheong and Research Associates Nur Azha Putra and S Nivedita participated in the workshop on âAchieving the ASEAN 2025 Vision for Disaster Management: Lessons from a Worthy Journeyâ held on 15 and 16 August 2018. The workshop was jointly hosted by S Rajaratnam School of International Studies and the Pacific Disaster Center, in collaboration with the ASEAN Committee on Disaster Management and the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management Centre. Discussions centred around the impact, growth and future direction of ASEANâs regional architecture for humanitarian assistance and disaster relief, and supporting mechanisms.
16â17 July 2018: Senior Research Fellow Youna Lyons Lectures at the 23rd Session of the Rhodes Academy
Senior Research Fellow Youna Lyons was a lecturer in the 23rd Session of the Rhodes Academy, an annual three-week course on principles of contemporary oceans law and policy. Ms Lyons lectured on the United Nations Convention on the Law of the Sea (UNCLOS), international law, and the protection and preservation of the marine environment. Her presentation slides are available here.
12â13 July 2018: Research Fellow Zhen Sun Presents on âLegal Framework of Marine Environmental Protection in the South China Seaâ in Phuket
CIL Research Fellow Zhen Sun participated in âASEAN-China Workshop on Marine Environmental Protection in the South China Seaâ in Phuket, Thailand, on 12â13 July 2018. The workshop brought together government officials and academics from ASEAN member states and China to discuss means to deepen cooperation on the marine environmental protection and marine search and rescue in the South China Sea.
Dr Sun gave a presentation on âLegal Framework of Marine Environmental Protection in the South China Seaâ. In the presentation, Dr Sun emphasised that states bordering the South China Sea, a semi-enclosed sea as defined under UNCLOS, should cooperate with each other in the implementation of their rights and duties with respect to the protection and preservation of the marine environment. To access the presentation, please click here.
12â14 July 2018: CIL Researchers Present at SIEL Biennial Conference 2018
Research Fellow Dr Dafina Atanasova and Research Associate and Practice Fellow Elsa Sardinha participated in SIEL Biennial Conference 2018 International Economic Law in Unsettling Times, American University Washington College of Law, Washington DC, 12â14 July 2018.
Dr Atanasova presented her paper âApplicable Law Provisions in Investment Treaties: An Empirical Take,â as part of a panel dedicated to the general and theoretical aspects of international investment law.
Ms Sardinha presented her paper âRequiem for A Deal, or the End of American Influence in the Investment Chapters of Asia-Relevant FTAs?â, co-authored with NUS Assistant Professor Vincent-JoĂ«l Proulx, as part of a trade and investment panel dedicated to China and Asia. This paper had won the Best Paper Award at the Asian Society of International Law Japan Chapterâs Annual Global Conference in Tokyo on 1 July 2018.
7â8 July 2018: CIL Researchers Invited to Judge Inaugural FDI International Arbitration Moot in Vietnam
CIL Researchers Ms Emily Choo and Mr Eugenio Gomez-Chico were invited to judge the inaugural Foreign Direct Investment International Arbitration Moot (FDI Moot)âVietnam National Round (7â8 July 2018). The moot was hosted by the Ho Chi Minh University of Law and organised by the Vietnam Society of International Law. The national round is part of the FDI Moot organised by the Center for International Legal Studies, which aims to help future lawyers attain a practical understanding of investment law issues, and offers a unique forum for academics and practitioners from around to world to discuss developments and assess emerging talents. The winning teams were from the Diplomatic Academy of Vietnam and Ho Chi Minh University of Law.
6 July 2018: Senior Research Fellow Youna Lyons Invited by International Ocean Institute to Lecture in Regional Training Programme
Senior Research Fellow Youna Lyons was invited as a lecturer in the 3rd Training Programme by International Ocean Institute on âRegional Ocean Governance Framework, Implementation of the UNCLOS and Its Related Instruments in the Southeast Asian Seas and the Indian Oceanâ. The course took place on 1â28 July 2018 in Hua Hin, Thailand.
Ms Lyonsâs lecture was on UNCLOS and international law, and regional legal and institutional governance in Southeast Asia. The presentation slides are available here.
5 July 2018: Successful Conclusion of the CIL-ANCORS Maritime Boundaries Workshop
The Centre for International Law successfully organised the second CIL-ANCORS Workshop on the Negotiation of Maritime Boundaries on 3 to 5 July 2018. The workshop was held in coordination with the Expanded ASEAN Maritime Forum. The workshop combined interactive lectures and supervised practical exercises, in which participants negotiated a maritime boundary between two fictitious states.
Thirty-four participants, including government officials, geographers, academics and practitioners, completed the three-day training led by renowned legal and technical experts in the negotiation of maritime boundaries.
For more information on the event, please click here.
2â3 July 2018: CIL Director Lucy Reed Speaks at âForum on the Belt and Road Legal Cooperationâ in Beijing
CIL Director Lucy Reed spoke at the âForum on the Belt and Road Legal Cooperation: Rules and Coordinationâ in Beijing on 2â3 July 2018. The conference was co-hosted at the Diaoyutai State Guesthouse by the Ministry of Foreign Affairs of China and the China Law Society, with the Chinese Foreign Minister HE Wang Yi giving the keynote speech. The legal focusâthe so-called âsoft connectivityâ of Belt and Road Initiative (BRI)âwas underscored by the identity of the co-sponsors: Chinese Society of International Law, China University of Political Science and Law, University of International Business and Economics, Beijing Law Society, and Department of Justice of the Government of Hong Kong SAR.
Professor Reed spoke on arbitration and mediation of investor-state disputes, on the panel âThe BRI and International Dispute Settlementâ. The other main panels addressed âThe BRI and International Rule of Lawâ, âRules, Treaties and Laws Supporting the BRIâ, and âBRI Legal Exchange and Cooperationâ. The conference had over 350 invited participants from Asia, Africa, Eastern Europe, the Caribbean and South America.
2â3 July 2018: Research Assistant JR Robert Real Presents Paper at Human Dignity in Asia Conference in Taipei
Research Assistant JR Robert Real presented his paper âFor the Common GoodâThe Philippine Supreme Courtâs Divergent Approach to Human Dignityâ at the Human Dignity in Asia: Dialogue between Law and Culture Conference. Held from 2 to 3 July 2018 in Taipei, the conference was organised by the Academia Sinica Institutum Iurisprudentiae.
Mr Realâs paper explores the Philippine Supreme Courtâs approach to interpreting the concept of human dignity, which seems to vary depending on whether parties invoke individual rights or collective rights.
28â30 June 2018: CIL Research Associate Millicent McCreath Participates in Conference Organised by Law of the Sea Institute of Iceland and Korea Maritime Institute
CIL Research Associate Millicent McCreath attended the conference âNew Knowledge and Changing Circumstances in the Law of the Seaâ, which was organised by the Law of the Sea Institute of Iceland and Korea Maritime Institute. The conference was held in Reykjavik from 28 to 30 June 2018. The main themes of the conference were biodiversity beyond national jurisdiction, the continental shelf regime, deep seabed mineral resources, dispute settlement in the law of the sea, climate change and the legal effects of sea level rise, and the Central Arctic Ocean Fisheries Agreement. Approximately 130 participants from all over the world attended the conference.
25â27 June 2018: Research Assistant JR Robert Real Presents Paper at ICON-S Annual Conference in Hong Kong
Research Assistant JR Robert Real presented his paper âJudicial Transplantation as a Backdoor to Environmental Normative Integration in ASEANâ at the 2018 ICON-S Annual Conference on Identity, Security, Democracy: Challenges for Public Law. Held from 25 to 27 June 2018 in Hong Kong, the conference was organised by the International Society of Public Law and the University of Hong Kong.
Mr Realâs paper explored the role of Southeast Asian judiciaries in developing regional environmental norms amid the general sensitivity of the region to international law intruding on domestic sovereignty.
21â22 June 2018: CIL Successfully Holds TRILA Conference
CIL successfully organised its inaugural Teaching and Researching International Law in Asia (TRILA) conference on 21â22 June 2018 at the NUS Faculty of Law. Bringing together 144 participants from 34 countries, the TRILA conference provided a platform for junior and senior researchers and faculty members to meet and collaborate on teaching and researching international law in Asia.
The TRILA Conference opened with a rousing keynote address by Judge Raul C Pangalangan of the International Criminal Court, exploring in-depth the role of international law in Asia. Its first day, focussed on teaching, investigated the methods of imparting knowledge and inspiring passion in Asian students of international law, the challenges faced by Asian international law lecturers, and the areas of international law most pertinent to international practice. The second day, focussed on research, involved expositions on the role of history, theory and identity in Asian international law scholarship, the production of quality research in international law, and the obstacles to research faced by Asian scholars. The event closed with a thought-provoking and hopeful prospectus on international law teaching and research in Asia.
CILâs TRILA conference reflects the commitment of NUS Faculty of Law in promoting international law scholarship in Asia, continuing the work of the 1964 Round Table on the Teaching of International Law and Relations, and the TRILA Conference of 2001. Very fittingly, Professor Tommy Koh (Chairman of CIL’s Governing Board) and Professor S Jayakumar (Chairman of CIL’s International Advisory Panel), both pioneers in this project, were present at the opening of the conference. The conference was preceded by a one-day Junior Faculty Workshop, which gave young scholars the valuable opportunity to have their work critiqued by a panel of senior faculty, consisting of leading voices in international law.
18â19 June 2018: Research Fellow Dr Dafina Atanasova Presents Paper at PluriCourts Workshop on Political and Legal Theory of International Courts and Tribunals
Research Fellow Dr Dafina Atanasova participated in the workshop on political and legal theory of international courts and tribunals, organised by PluriCourts in Oslo on 18â19 June 2018.
Dr Atanasova presented her paper âA âJustice as Impartialityâ View on the Authority of International Courts and Tribunalsâ.
7â8 June 2018: CIL Researchers Participate in Climate Change Litigation Scholarship Workshop
Research Associate Millicent McCreath and Research Fellow Dr Dafina Atanasova participated in the workshop on Climate Change Litigation Scholarship organised by the Asia-Pacific Centre for Environmental Law (APCEL) and Yale Law School in Singapore on 7â8 June 2018.
Ms McCreath presented her paper on âThe Potential for UNCLOS Climate Change Litigation to Achieve Effective Mitigation Outcomesâ. She was also the discussant on the paper by Jacqueline Peel and Jolene Lin on âClimate Change Litigation and Adaptation in Southeast Asiaâ.
Dr Atanasova was the discussant on the paper by Hui Pang on âInvestor-State Dispute Settlement in Renewable Energy: Friend or Foe to Climate Changeâ.
30 May 2018: CIL Researchers Contribute to International Law Commission Study
CIL researchers Dr Hao Duy Phan, Chan Sze-Wei and Hadyu Ikrami contributed to a 2017 study by the International Law Commission on âWays and means for making the evidence of customary international law more availableâ.
24â25 May 2018: Associate Professor Robert Beckman and Captain Ashley Roach Participate in the 42nd Annual Conference of the Center for Oceans Law and Policy of the University of Virginia
Associate Professor Robert Beckman and Visiting Senior Principal Research Fellow Captain Ashley Roach participated in the 42nd Annual Conference of the Center for Oceans Law and Policy of the University of Virginia, which was held in Beijing on 24â25 May 2018. The title of the conference was âCooperation and Engagement in the Asia Pacific Regionâ. Captain Roach gave a presentation on the BBNJ Discussions, and Assoc Prof Beckman gave a presentation on âThe Legal Regime Governing Passage on Routes Used for International Navigation through Indonesian Watersâ. To see Assoc Prof Beckmanâs PowerPoint presentation, click here.
16â18 May 2018: Associate Professor Robert Beckman Speaks on Problems and Prospects of Joint Arrangements in the South China Sea
Associate Professor Robert Beckman participated in 2018 Global Ocean Regime Conference organised by the Korea Maritime Institute at the Hyatt Regency, Jeju Island, Korea, from 16 to 18 May 2018. The title of the conference was âPromoting Cooperation in Overlapping Maritime Areasâ. Assoc Prof Beckman gave a presentation on âJoint Arrangements in the South China Sea: Problems and Prospectsâ. To see his presentation, click here.
13 May 2018: CIL Director Professor Lucy Reed Speaks at ‘The Rise of International Commercial Courts’ Conference at Qatar University
CIL Director Professor Lucy Reed spoke at the international conference on ‘The Rise of International Commercial Courts’ at Qatar University on 13 May 2018. Professor Reed spoke about the Singapore International Commercial Court on a panel discussing comparative features of international commercial courts, including the Qatar International Court and Dispute Resolution Centre. The keynote speaker for the conference was Justice Ramesh Kannan of the Singapore High Court.
10â11 May 2018: CIL Senior Research Fellow Dr Ayelet Berman Participates in 15th ASLI Conference
Dr Ayelet Berman chaired a panel on “Investment Treaties and National Governance” at the 15th ASLI Conference 2018 in Seoul in May 2018. John Lumbantobing of the Faculty of Law, Universitas Katolik Parahyangan presented his paper “Very little spill: Internalization of investment treaties and their effects on domestic governance in Indonesia”. Younsik Kim of Sungshin University in Korea presented his paper on âInternationalisation of Investment Treaties in Koreaâ, and Sachinta Dias of Oxford University presented his paper on International Investment Agreements and Governance in Sri Lanka: An Analysis of Three Factual Scenarios”. This panel is part of an ongoing CIL research project on investment treaties and national governance. For more information about the project, please contact Dr Ayelet Berman.
24â25 April 2018: Research Fellow Dr Zhen Sun Spoke on Fostering Maritime Security Cooperation in Jakarta
At the 2nd Conference on Maritime Security and Coastal Surveillance Indonesia in Jakarta, Dr Zhen Sun spoke on âFostering More Effective Non-Traditional Maritime Security Cooperation in Southeast Asiaâ to an audience consisting of government officials, industry representatives, academics and members of other private sectors.
Dr Sun said that as non-traditional maritime security threats (eg, trafficking of drugs and humans, piracy and armed robbery against ships, etc) pose challenges to all Southeast Asian countries, coordinated efforts are required from various sectors on the national, regional and international levels. To use legal tools to address these threats, Southeast Asian countries will need to ratify and implement relevant international agreements.Â
Click here to learn more about Dr Sunâs presentation.
17 April 2018: Members of CIL Ocean Law and Policy Programme Participate in INTERPOL Workshop
Members of the CIL Ocean Law and Policy Programme participated in a workshop organised by INTERPOL on 17 April in Singapore entitled âOperation 30 Days at Sea: Asia Pacific Operational Planning Meetingâ. The workshop was held as part of a year-long global project to enforce the international rules regulating marine pollution from ships. Associate Professor Beckman gave a presentation on âThe Global Legal Regime Governing Ship-Source Pollutionâ. Research Fellow Dr Zhen Sun and Research Associate Ms Millicent McCreath also participated in the workshop, along with representatives from governments throughout the Asia-Pacific region.
15â20 April 2018: CIL Director Lucy Reed Speaks at ICCA Congress and AMINZ-ICCA International Arbitration Day
CIL Director Professor Lucy Reed spoke on the opening plenary panel of the bi-annual Congress of the International Council for Commercial Arbitration (ICCA) in Sydney, Australia. The panel theme was âLaw-Making in International Arbitration: What Legitimacy Challenges Lie Ahead?â, and Professor Reed spoke on arbitration tribunals as lawmakers. Professor Stephan Schill of the University of Amsterdam moderated the panel, and the other panellists were Singapore Chief Justice Sundaresh Menon, ICC Court of Arbitration President Alexis Moure, and Professor Thomas Schultz of Kings College London. All the papers will be published in the official ICCA Congress Series (Wolters Kluwer).
Professor Reed also spoke at the follow-on AMINZ-ICCA International Arbitration Day in Queenstown, New Zealand, where the theme was âMaking Arbitration Work in a Changing World: A Pacific Viewâ. She was the commentator on Daniel Kaldermisâs keynote lecture entitled âInternational Arbitration in a Brave New Worldâ.
9â13 April 2018: Senior Research Fellow Ms Youna Lyons Represents ACOPS as Head of Delegation at 72nd Meeting of the Marine Environment Protection Committee of the International Maritime Organization
Senior Research Fellow Ms Youna Lyons participated in the 72nd meeting of the Marine Environment Protection Committee of the International Maritime Organization (IMO), at IMO London Headquarters. She was the head of delegation for the Advisory Committee on Protection of the Sea (ACOPS).
5 April 2018: Research Associate Ms Melissa Loja Presents at Annual Meeting of the American Society of International Law
Research Associate Ms Melissa Loja presented her research paper at the New Voices Panel at the 112th Annual Meeting of the American Society of International Law in Washington DC. Ms Lojaâs paper was about international agreements between non-state actors. Her paper discussed international agreements that national petroleum corporations such as Petronas, PetroVietnam, PetroleumBrunei and China National Offshore Oil Corporations enter into to manage disputes over petroleum resources that are shared by states across maritime zones and boundaries.
Professor Laurence Helfer, Editor-in-Chief of the American Journal of International Law, remarked that her paper makes a concrete contribution to international law, because it presents primary data that have not been made known before, and it enables a granular examination of actual practices in international law.
9â10 March 2018: Research Assistant Mr Robert Real Participates in Frankfurt Investment Law Workshop
Research Assistant Mr Robert Real participated in the Frankfurt Investment Law Workshop 2018 on International Investment Law and Constitutional Law. Held on 9 and 10 March 2018, the workshop was organised by the Goethe-University Merton Centre for European Integration and International Economic Order in Frankfurt, Germany. Participants in the workshop explored the different facets of the increasing interaction between international investment law and constitutional law and critically analysed the opportunities and challenges this interaction creates. The panel topics included the (domestic) constitutional law limits of international investment law, the European Unionâs constitutional limits of international investment law, the role of constitutional law in investor-state dispute settlement, and international investment law as constitutional law.