Researchers' Activities

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 5–7 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 states’ 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.

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 state’s regulatory power, as well as a tool to discover new rights that advance human dignity.

Research Associate Professor N Jansen Calamita was the lead facilitator at two-day regional forum in Manila on ‘Investment Disputes, Resolution and Prevention.’ 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.

CIL sponsored a panel on ’Legal and Institutional Mechanisms to Manage the Marine Environment in the Seas of Southeast Asia: Status and Way Forward’ 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 ‘25 Years of Partnerships for Healthy Oceans, People and Economies: Moving as One with the Global Ocean Agenda’. 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 researchers—Amber Rose Maggio, Dita Liliansa and Youna Lyons—followed 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. 

• Table of international environmental law treaties applicable to the protection of the marine environment in Southeast Asia 
• Diagram of regional bodies involved in the protection of the marine environment in Southeast Asia 
• Map of sensitive marine areas in Southeast Asia under international law
• Session brochure

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 CIL’s research on the Arctic, including the recently revised CIL Arctic Guide prepared by Captain J Ashley Roach.

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.

Youna Lyons and Dita Liliansa participated in the Indonesian Centre for the Law of the Sea (ICLOS)  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 ‘Artificial Islands, Installations and Related Activities by Non-State Actors in Area Beyond National Jurisdiction’.

At the 2018 American Society of International Law (ASIL) research forum, Research Associate Melissa Loja presented her paper ‘Recent Engagement with International Human Rights Norms by Courts in Southeast Asia: New Challenges to Human Rights Theories’.

She discussed that in recent cases involving arbitration and judicial immunity, Singapore courts relied on European Convention on Human Rights (ECHR) norms; Malaysia’s 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 Indonesia’s 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.

Dr Ayelet Berman presented a paper at the American Society of International Law Research Forum at UCLA. The paper is on ‘Investment Treaties and National Governance’, 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 ‘Investment Treaties and National Governance’ launched by CIL’s Investment Law and Policy research group, which examines the internalisation of investment treaties in a select group of East Asian countries.

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 ‘Noncompliance and Integrity of Maritime Legal of the Maritime Legal Order’. Click on the links for the abstract and PowerPoint slides.

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 29–30 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.

On 29 October–2 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 CIL’s 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. CIL’s participation in the UNCITRAL Working Group III is part of the Centre’s broader engagement with the topic of reform of investor-state dispute settlement, including through the possible establishment of appellate mechanisms and standing tribunals.

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.

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 ‘UNCLOS as a Rules-Based Order for the Oceans’.

CIL researchers presented papers at the conference ‘International Law in Asia: Challenges and Opportunities’ 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 ‘Regional Cooperation for Protection of the Marine Environment in Southeast Asia’. 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 ‘UNCLOS Legal Framework for Cooperation in East and Southeast Asia on the Reduction of Marine Plastic Pollution from Land-Based Sources’. 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.

At The Legal Regime of Underwater Cultural Heritage and Marine Scientific Research Conference in Bodrum, Turkey, Research Fellow Sun Zhen presented a paper titled ‘Protecting Underwater Cultural Heritage in the EEZ and on the CS—Could the Marine Scientific Research Regime Play a Role?’ 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.

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 ‘The Elegance of International Law’, featured high-level panels focussed on Professor Caron’s 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 keynote—‘The David Caron Rule of X’—Professor 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 handle—namely, a personal ‘X’ number of arbitrations—and 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.

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 ‘Marine Environmental Protection, Regional Cooperation and Universality: The Particular View from Southeast Asia’. 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 ‘Europe, Trade Deals and Forced and Child Labour in Developing States: Towards a More Principled Approach’. 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 states’ 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.

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.

Research Assistant JR Robert Real presented his paper entitled ‘National courts collectively creating regional norms in ASEAN’ 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 Real’s paper explored the role of Southeast Asian judiciaries in developing regional environmental norms amid the lack of a regional court.

Research Fellow Dr Zhen Sun participated in the ‘ReCAAP Capacity Building Workshop’ in Yangon, Myanmar, on 3–6 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 ‘Basics of International Law of the Sea’. 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.

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.

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 ‘The Inherent Changeability of the Due Diligence Principle: Challenges for the Development of International Environmental Law’, which was chaired by Professor Rosemary Rayfuse.

Ms Tara Davenport spoke on this panel on ‘The Inherently Changeable Due Diligence Principle and the Protection of the Marine Environment’. 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 ‘The Tide of Change: New Responses to Environmental Challenges in the Pacific Ocean’, organised by the Australian and New Zealand Society of International Law. The topic of her presentation was ‘PSIDS Request for an ITLOS Advisory Opinion on the Content of UNCLOS Climate Change Obligations’.

Ms Christine Sim spoke on a panel on ‘Investment Disputes and Challenging Boundary Issues over Land and Sea’. Her topic was ‘Investment Disputes in Areas of Uncertain Sea Boundaries: Ghana/Cote d’Ivoire’.  

Associate Professor Robert Beckman participated in the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific on 18–19 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.

Oceans Law and Policy Programme Head Robert Beckman participated in the 2018 APOLIA-KIOST Conference: Area-Based Marine Protection in the Asia-Pacific on 18–19 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.

Senior Research Fellow Denise Cheong and Research Associates Nur Azha Putra and S Nivedita participated in the workshop on ‘Achieving the ASEAN 2025 Vision for Disaster Management: Lessons from a Worthy Journey’ 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 ASEAN’s regional architecture for humanitarian assistance and disaster relief, and supporting mechanisms.

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.

CIL Research Fellow Zhen Sun participated in ‘ASEAN-China Workshop on Marine Environmental Protection in the South China Sea’ in Phuket, Thailand, on 12–13 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 ‘Legal Framework of Marine Environmental Protection in the South China Sea’. 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.

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, 12–14 July 2018.

Dr Atanasova presented her paper ‘Applicable Law Provisions in Investment Treaties: An Empirical Take,’ as part of a panel dedicated to the general and theoretical aspects of international investment law.

Ms Sardinha presented her paper ‘Requiem for A Deal, or the End of American Influence in the Investment Chapters of Asia-Relevant FTAs?’, co-authored with NUS Assistant Professor Vincent-Joël 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 Chapter’s Annual Global Conference in Tokyo on 1 July 2018.

CIL Researchers Ms Emily Choo and Mr Eugenio Gomez-Chico were invited to judge the inaugural Foreign Direct Investment International Arbitration Moot (FDI Moot)—Vietnam National Round (7–8 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.

Senior Research Fellow Youna Lyons was invited as a lecturer in the 3rd Training Programme by International Ocean Institute on ‘Regional Ocean Governance Framework, Implementation of the UNCLOS and Its Related Instruments in the Southeast Asian Seas and the Indian Ocean’. The course took place on 1–28 July 2018 in Hua Hin, Thailand.

Ms Lyons’s lecture was on UNCLOS and international law, and regional legal and institutional governance in Southeast Asia. The presentation slides are available here.

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.

CIL Director Lucy Reed spoke at the ‘Forum on the Belt and Road Legal Cooperation: Rules and Coordination’ in Beijing on 2–3 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 focus—the so-called ‘soft connectivity’ of Belt and Road Initiative (BRI)—was 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 ‘The BRI and International Dispute Settlement’. The other main panels addressed ‘The BRI and International Rule of Law’, ‘Rules, Treaties and Laws Supporting the BRI’, and ‘BRI Legal Exchange and Cooperation’. The conference had over 350 invited participants from Asia, Africa, Eastern Europe, the Caribbean and South America.

Research Assistant JR Robert Real presented his paper ‘For the Common Good—The Philippine Supreme Court’s Divergent Approach to Human Dignity’ 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 Real’s paper explores the Philippine Supreme Court’s approach to interpreting the concept of human dignity, which seems to vary depending on whether parties invoke individual rights or collective rights.

CIL Research Associate Millicent McCreath attended the conference ‘New Knowledge and Changing Circumstances in the Law of the Sea’, 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.

Research Assistant JR Robert Real presented his paper ‘Judicial Transplantation as a Backdoor to Environmental Normative Integration in ASEAN’ 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 Real’s 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.

CIL successfully organised its inaugural Teaching and Researching International Law in Asia (TRILA) conference on 21–22 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.

CIL’s 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.

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 18–19 June 2018.

Dr Atanasova presented her paper ‘A “Justice as Impartiality” View on the Authority of International Courts and Tribunals’.

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 7–8 June 2018.

Ms McCreath presented her paper on ‘The Potential for UNCLOS Climate Change Litigation to Achieve Effective Mitigation Outcomes’. She was also the discussant on the paper by Jacqueline Peel and Jolene Lin on ‘Climate Change Litigation and Adaptation in Southeast Asia’.

Dr Atanasova was the discussant on the paper by Hui Pang on ‘Investor-State Dispute Settlement in Renewable Energy: Friend or Foe to Climate Change’.

CIL researchers Dr Hao Duy Phan, Chan Sze-Wei and Hadyu Ikrami contributed to a 2017 study by the International Law Commission on “Ways and means for making the evidence of customary international law more available”.

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 24–25 May 2018. The title of the conference was ‘Cooperation and Engagement in the Asia Pacific Region’. Captain Roach gave a presentation on the BBNJ Discussions, and Assoc Prof Beckman gave a presentation on ‘The Legal Regime Governing Passage on Routes Used for International Navigation through Indonesian Waters’. To see Assoc Prof Beckman’s PowerPoint presentation, click here.

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 ‘Promoting Cooperation in Overlapping Maritime Areas’. Assoc Prof Beckman gave a presentation on ‘Joint Arrangements in the South China Sea: Problems and Prospects’. To see his presentation, click here.

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.

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 “Internationalisation of Investment Treaties in Korea”, 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.

At the 2nd Conference on Maritime Security and Coastal Surveillance Indonesia in Jakarta, Dr Zhen Sun spoke on ‘Fostering More Effective Non-Traditional Maritime Security Cooperation in Southeast Asia’ 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. 

Click here to learn more about Dr Sun’s presentation.

Members of the CIL Ocean Law and Policy Programme participated in a workshop organised by INTERPOL on 17 April in Singapore entitled ‘Operation 30 Days at Sea: Asia Pacific Operational Planning Meeting’. 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 ‘The Global Legal Regime Governing Ship-Source Pollution’. 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.

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 ‘Law-Making in International Arbitration: What Legitimacy Challenges Lie Ahead?’, 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 ‘Making Arbitration Work in a Changing World: A Pacific View’. She was the commentator on Daniel Kaldermis’s keynote lecture entitled ‘International Arbitration in a Brave New World’.

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).

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 Loja’s 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.

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 Union’s constitutional limits of international investment law, the role of constitutional law in investor-state dispute settlement, and international investment law as constitutional law.

CIL Senior Research Fellow Mr Anthony Wetherall participated in the seventh session of the International Nuclear Law Essentials (INLE) Course, which was organised by the Nuclear Energy Agency (NEA) of the Organisation for Economic Cooperation and Development (OECD), and the Centre for International Law. The course was held for the first time outside of France, in Singapore, from 26 February to 2 March 2018.

On 28 February, Mr Wetherall delivered a presentation on nuclear security and also participated in a panel discussion on nuclear security and safeguards. Mr Wetherall’s presentation can be downloaded here, and a timeline on developments in international nuclear security can be downloaded here.

On 1 February 2018, CIL Director Professor Lucy Reed spoke at a programme at the Supreme Court entitled ‘The Singapore International Commercial Court’s potential to advance the rule of law’. The conference was sponsored by the Singapore International Commercial Court (SICC), the Singapore International Law Association and Freshfields (Singapore). The speakers included two judges on the SICC, Justice Quentin Lowe and Sir Vivian Ramsey, as well as Mr Francis Xavier SC of Rajah & Tann, and Mr Nicholas Lingard and Mr Robert Kirkness of Freshfields. Professor Reed spoke on what characteristics make an international commercial court truly international.

CIL Director Professor Lucy Reed served as faculty at the 2017 Summer Institute of the ASEAN Human Rights Resource Centre (HRRC) held in Bali on 29–31 January 2018 (the volcano risk having postponed the original summer date). The chairman of the conference was HE Ambassador Ong Keng Yong, who is the chairman of HRRC and a member of the CIL Board of Directors. The theme of the conference was ‘Trade, Investment, and the Rule of Law in ASEAN’. Professor Reed spoke on ‘The Rule of Law and Dispute Resolution in ASEAN’ and moderated a panel on ‘Rights Dimensions in Trade and Investment in the ASEAN Community’.

The HRRC is a non-profit academic centre headquartered at the University of Indonesia in Jakarta, in partnership with 11 other academic institutions in 7 out of 10 ASEAN member states. Its mission is to support a rights-based approach to ASEAN integration through research, training and education, and its core thematic areas are rule of law, business and human rights, and the rights of vulnerable populations. The Summer Institute is the HRRC’s signature annual event, organised in collaboration with the WSD Handa Center for Human Rights and International Justice at Stanford University and Udayana University.

CIL and the K.G. Jebsen Centre for the Law of the Sea (JCLOS), UiT The Arctic University of Norway held a side event at Arctic Frontiers 2018 in Tromsø, Norway on 24 January 2018 to launch the book entitled Governance of Arctic Shipping: Balancing Rights and Interests of Arctic States and User States. The book was a collaborative effort of CIL and JCLOS. The book sets out the legal framework that governs Arctic shipping, giving specific consideration to the roles of the International Maritime Organization and the Arctic Council, and compares the rights, interests, positions and practice of Arctic coastal states with those of user states, with particular emphasis on China, Japan and South Korea.

At the side event of Arctic Frontiers 2018, Associate Professor Robert C Beckman, CIL’s Head of Ocean Law Policy and Programme, presented a lecture on ‘The Cooperative Mechanism in the Straits of Malacca and Singapore: A Model for the Arctic?’.

This meeting was organised by the Council for Security Cooperation in the Asia Pacific (CSCAP) together with the S Rajaratnam School of International Studies with the support of the Carnegie Corporation of New York. Topics covered included ways to strengthen nuclear governance in the Asia-Pacific, the future of nuclear power development in Asia with a focus on small modular reactors (SMR) and the networks that enable trade in nuclear technology, and radioactive materials in the Asia Pacific. Discussions also addressed what role academic research and international collaboration networks play in building nuclear-related tacit knowledge, and how a better understanding of the networks that undergird trade and knowledge transfer in nuclear-related industries and institutions might help to build commercial opportunities and a more effective culture of nuclear security in the Asia Pacific. The key findings of the discussions and the programme of the meeting can be found here.

Three members of the CIL Ocean Law and Policy team—Head of Programme Associate Professor Robert Beckman, Dr Zhen Sun and Ms Millicent McCreath—attended the 2018 Arctic Frontiers Conference in Tromso, Norway from 21 to 25 January 2018. The CIL team met with staff and students from the Jebsen Centre for Law of the Sea at the University of Tromso (UiT), and Assoc Prof Beckman gave a guest lecture at the UiT. The book Governance of Arctic Shipping was officially launched at a side event at the conference, and Assoc Prof Beckman, one of the book editors, spoke at the book launch. The book was edited by staff from UiT and CIL and was published by Brill. The CIL team also stopped in Oslo to visit the Scandinavian Institute for Maritime Law, where Assoc Prof Beckman gave a guest lecture to graduate students and faculty members at the University of Oslo law school.

Head of CIL Oceans Law and Policy Programme Associate Professor Robert Beckman participated in the 9th South China Sea Conference organised by the Diplomatic Academy of Vietnam on 27–28 November 2017 in Ho Chi Minh City. The title of the conference was ‘Cooperation for Regional Security and Development’. Assoc Prof Beckman made a presentation to lead the panel discussion in the final session on the code of conduct for the South China Sea. He also chaired the session on Legal Dimensions in the South China Sea.

Head of CIL Oceans Law and Policy Programme Associate Professor Robert Beckman was invited to give a presentation during a plenary session of the ASEAN Conference on Reducing Marine Debris in ASEAN Region. The conference was held in Phuket, Thailand from 22 to 23 November 2017. Assoc Prof Beckman’s presentation was entitled ‘Legal Perspective: Transboundary Issues of Marine Debris’. CIL Research Associate Millicent McCreath also attended the conference and participated in the workshop on the second day on developing a project for the management of the plastic value chain to reduce plastic marine litter.

CIL Senior Research Fellow Youna Lyons participated in the KIOST/JVDI 2017 Regional Conference on the Ocean Policy for the East Asia and the Pacific Islands in Nadi-Fiji on 16–18 Nov 2017. The theme was ‘SDG 14 and Ocean Issues for the Pacific Islands and the East Asia’. She presented on the topic of ‘UNCLOS as the Cornerstone in the Implementation of SDG 14: A Central, Integrative and Framing Role’.

CIL’s Investment Law and Policy Programme team organised the workshop on ‘Investment Treaties and National Governance’ on 16–17 November 2017, in the Asian context. The workshop had a selective call for papers, and participating researchers (mostly from the Asia-Pacific region) presented case studies assessing the impact of investment treaties on national governance in India, Indonesia, South Korea, Sri Lanka, Thailand and Vietnam.

The workshop brought together researchers to discuss and unpack the following questions in the Asian context. What impact do investment treaties have on national governance? Although a considerate amount of research has examined the impact of investment treaties on FDI, very little is known about their effects on national governance. Are governments aware of their investment treaty obligations? Do they internalize their obligations, and if yes, how? Do investment treaties lead to improvements in the rule of law and good governance, or do they undermine national policy autonomy?

CIL Director Professor Lucy Reed represented the Centre at several events at the 2017 Seoul ADR Festival during the week of 6 November. At the joint programme of the Singapore International Arbitration Centre (SIAC) and the Korea Commercial Arbitration Board (KCAB) on ‘Multiple Proceedings in Multiple Fora: Strategies and Synergies’, Prof Reed delivered the keynote address and was a speaker on the panel on ‘Consolidation and Joinder under Arbitral Institutional Rules’. She also spoke on the panel on International Investment Dispute Settlement, addressing ‘Momentum on Procedural Reforms:  The Way Forward’. Prof Reed was interviewed at the Young Arbitration Practitioners’ Forum ‘Fireside Chat’ organised by Young SIAC and the Korean Council for International Arbitration, and served as faculty for the second annual Seoul Academy for International Arbitration.

On 6 November 2017 the OECD’s Regulatory Policy Division’s ‘International Organizations Partnership for Effective International Rule-making’ convened a brainstorming session to discuss the partnership, bringing together the OECD, member states, international organisations and academics.

The partnership’s goal is to improve the quality, relevance and impact of international rule-making by international organisations. To advance these goals, the OECD has invited academics with in-depth knowledge and experience in the field of international rule-making, to collaborate with partnership. Dr Ayelet Berman has been invited to join this group of academics, called the ‘Academic Friends of the Partnership for Effective International Rulemaking’. She looks forward to contributing her knowledge and experience in fields such as informal international law-making, good regulatory practice, accountability and stakeholder engagement in international law-making. 

CIL Senior Research Fellow Dr Hao Duy Phan was invited to moderate a session in the Consultation on ‘A Rules-Based ASEAN: Legal Instruments and their Implementation’ on 1–2 November 2017 in Singapore. The event was jointly organised by the ASEAN Secretariat and the S Rajaratnam School of International Studies with the support of the ASEAN-US Partnership for Good Governance, Equitable and Sustainable Development, and Gesellschaft für Internationale Zusammenarbeit. CIL Associate Director Ms Sharon Seah Li-Lian, CIL Research Fellow Ms Ranyta Yusran, CIL Research Associate Mr Hadyu Ikrami and CIL Postdoctoral Fellows Dr Heejin Kim and Dr Marija Jovanovic also participated in the consultation.

CIL Senior Research Fellow Dr Hao Duy Phan was invited to speak at the 5th East Asia Maritime Security Forum on ‘Maritime Security and Cooperation: Opportunities and Challenges in Asia-Pacific and the Arctic’ on 26–27 October in Edmonton, Canada. Dr Hao Duy Phan delivered a presentation on ‘Addressing Maritime Security Challenges in the South China Sea: The Role of ASEAN’. The Forum was co-organized by the China National Institute for South China Sea Studies and the China Institute at the University of Alberta.

The Research Forum of the American Society of International Law (ASIL) took place at Washington University School of Law, St Louis on 26–28 October 2017. Following an anonymous and selective review process, academics, practitioners and government officials presented their papers in various sub-fields of international law. Speaking on the ‘International Governance’ panel, Dr Ayelet Berman presented her paper on ‘Accordion Governance’, which examines the establishment of international organisations, their displacement in favour of club governance, and the recent reversion towards bigger clubs. Dr Berman was also the moderator of and discussant on the panel ‘Fragmentation and Harmonization in International Law’. Further, as a panellist on ‘The Path to Practice in International Law’ panel, she spoke to students and new professionals interested in pursuing a career in international law.

CIL Director Lucy Reed, Head of International Dispute Resolution (Practice Skills) J Christopher Thomas QC, Head of Investment Law and Policy Jansen Calamita, Practice Fellow Emily Choo, and Global Associates Mark Feldman and Tara Davenport were part of the faculty of the 2017 Singapore International Arbitration Academy, which was organised by the CIL on 25 October 2017–2 November 2017. Ms Emily Choo was also team coach to one of the teams that took part in the Academy’s arbitration moot.

CIL Research Associates Millicent McCreath, Robert Real and Zoe Scanlon attended the Academy as participants and took part in the arbitration moot. Ms Zoe Scanlon was awarded a prize for excellence in advocacy.

Professor Reed, Mr Thomas, Research Associate Professor (CIL) Calamita and Ms Choo were speakers and moderators in the panel sessions in the CIL International Conference on Global Currents in International Investment Law on 2 November 2017.

On 23 October 2017, CIL Director Lucy Reed delivered the Seoul Arbitration Lecture 2017, sponsored by the Seoul International Dispute Resolution Centre. The lecture title was ‘Suite for ISDS: Mediation, Arbitration and Appellate Bodies’. She addressed the need for lawyers practising in the field of investment treaty arbitration to expand their repertoire or suite of skills to keep up with developments. On the one hand, it is important to be prepared for the new investment court system envisioned in the new EU-driven free trade agreements and, on the other hand, to play a more active role in furthering settlements of suitable disputes by mediated negotiations. The audience comprised over 100 Korean ministry representatives, practitioners and academics.

From 20 to 22 October, CIL Research Associate Zoe Scanlon participated in the 8th annual conference on ‘Global Commons and the Governance of Unappropriated Spaces’ organised by the German-Southeast Asian Centre of Excellence for Public Policy and Good Governance in Bangkok. Ms Scanlon presented an invited paper on ‘Maritime Activities Beyond National Jurisdiction: Governance and Enforcement Challenges’ on a panel addressing issues of governance of global commons in oceans.

CIL Senior Research Fellow Ms Youna Lyons was invited as a resource speaker by the European Union to the 4th ASEAN-EU High Level Dialogue on Maritime Security, which was held in the Philippines on 5–6 October 2017. Her presentation, titled ‘Moving beyond competing narratives on the status of the marine environment in Southeast Asia through data’, is available here.

On 28–29 September CIL Global Associate Tara Davenport and CIL Research Associate Zoe Scanlon participated in a Legal Working Group on liability for deep seabed mining activities in ‘the Area’. This was the first meeting of the Legal Working Group, formed to complete a project on liability for environmental harm from deep-sea mining activities in areas beyond national jurisdiction. This meeting, of an expert group of international lawyers specialising in oceans law, met in London to discuss key legal issues relating to seabed mining in international waters. The meeting was co-convened by the International Seabed Authority, the Centre of International Governance Innovation and the Commonwealth Secretariat. The work undertaken by this group will be directed to providing the International Seabed Authority Secretariat and the Legal and Technical Committee of the International Seabed Authority with a foundational understanding of the potential legal avenues for establishing a sector-specific liability regime for deep seabed mining.

CIL Research Fellow Dr Zhen Sun was invited to deliver a guest lecture on ‘Regulation of Shipping in the Straits of Malacca and Singapore’ at the World Maritime University (WMU) in Malmö, Sweden, on 27 September 2017. The lecture was part of the module ‘Multilateral Diplomacy and Negotiation’, which is designed for students enrolled in the MSc in Maritime Affairs Programme on Ocean Sustainability, Governance and Management at WMU. In the lecture, Zhen unfolded the dynamic relationship among Indonesia, Malaysia and Singapore to cooperate in maximising governance and management strategies for issues relating to the Straits of Malacca and Singapore. The presentation can be downloaded here.

CIL Research Associate Ms Millicent McCreath presented a poster at the international conference organised by the Max Planck Institute Luxembourg and the Vrije Universiteit Brussel. The conference was held in Luxembourg on 25 and 26 September and was entitled ‘A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea’. Millicent’s poster was on ‘Standing and State Responsibility for Breaches of UNCLOS Environmental Obligations: Access to Compulsory Binding Procedures Marine Pollution from Land or International Watercourses’.

At a reception at the Asian Civilisations Museum on the evening of 19 September, Fountain Court Chambers announced the winners of the Christopher Bathurst Prize 2017. The prize is an annual writing competition, named in honour of the late Christopher Bathurst QC, who was a long-standing senior member of Fountain Court Chambers with strong ties to Singapore. The prize is open to full-time students enrolled at the National University of Singapore Faculty of Law or the Singapore Management University School of Law, and lawyers under 30 years old qualified under the Legal Profession Act. The prize is supported by the Singapore Academy of Law.

CIL Research Fellow Dr Zhen Sun participated in the fourth biennial 2017 Arctic Energy Summit, ‘Bringing Together Arctic Energy Expertise, Innovation and Solutions’, in Helsinki, Finland, on 18–21 September 2017. The summit was organised by the Institute of the North and Ministry of Economic Affairs and Employment of Finland as a project endorsed by the Sustainable Development Working Group of the Arctic Council. Zhen delivered a presentation on ‘Regulatory Gaps in Offshore Activities in the Arctic: Concerns and Lessons from Southeast Asia’ under the panel on ‘Sustainable Development and the Southeast Asian Experience’. The presentation can be downloaded here.

On 12 September 2017, CIL Director Professor Lucy Reed delivered the John E.C. Memorial Lecture at the McGill Faculty of Law in Montreal. The title of Lucy’s lecture was ‘International Dispute Resolution Courts: Retreat or Advance?’, and she focused on the recent progress of the Singapore International Commercial Court. Lucy was introduced by McGill Dean Robert Leckey and Mr Pierre-Olivier Savoie. Professor Fabien Gelinas and Mr Stephen Drymer of Woods led the discussion that followed the lecture.

CIL Senior Research Fellow Mr Anthony Wetherall, participated in a one-day joint workshop organised by the World Institute for Nuclear Security (WINS) and the International Airport Review during the Airport 2017 Expo, hosted in Vienna, Austria, on 12–13 September 2017. The purpose of the event was to explore opportunities between the nuclear and aviation sectors in the field of nuclear security. On 13 September, he gave a presentation on the ‘International Legal Framework for Nuclear Security’, including a timeline of developments. He also participated in the WINS Roundtable on 14 September, which built on the key areas covered on the previous day.

Assistant Professor Tan Hsien-Li, Co-Director (Teaching) of the ASEAN Law and Policy Programme at CIL, was invited to speak on a panel at the Tembusu Forum ‘ASEAN at 50: Success or a disappointment?’, which was organised by the Tembusu College at NUS on 12 September 2017.

On 11 September 2017, CIL Practice Fellow Ms Emily Choo participated, upon invitation, in a Young Public International Law Group (YPILG) debate. The YPILG is a network of young public international law (PIL) practitioners from law firms, the bar, international organisations, governments and academic institutions around the world. The purpose of YPILG is to connect early to mid-career PIL practitioners to one another, to facilitate exchanges of ideas and knowledge sharing in the PIL field, and to promote the next generation of PIL professionals. This debate was the YPILG’s first event in Asia.

CIL participated in the 6th Biennial Conference of the Asian Society of International Law (AsianSIL) on 25–26 August 2017 in Seoul, Korea. The conference was organised by the AsianSIL, the Korea Chapter of the AsianSIL, and the Ministry of Foreign Affairs of the Republic of Korea. The theme of the conference was ‘Asia and International Law in Times of Uncertainty’. CIL Director Professor Lucy Reed chaired the session on ‘New Proposals for Investment Dispute Resolution Mechanism’. Head of CIL’s Ocean Law and Policy Programme Associate Professor Robert Beckman chaired the session on ‘New Voices in International Law’, which featured presentations from two CIL Research Associates (see below). He also gave a presentation on the implications of the South China Sea arbitral award.

CIL Director, Professor Lucy Reed, represented the Centre and spoke at the inaugural colloquium on International Law of the Asian Academy of International Law (AAIL) in Hong Kong on 7-8 July 2017. The theme of the colloquium was ‘Common Future in Asia’, with panels on ‘One Country Two Systems: Interaction with International Law’, ‘Investment Collaboration: Opportunities and Challenges for Asia’, and ‘Interpretation of Treaties and UNCLOS: The Regime of Islands, Rocks and Offshore Archipelagos’. The welcome and keynote speakers included the new Hong Kong Chief Executive Mrs Carrie Lam, GBM, GBS; Mr Rimsky Yuen, GBM, SC, JP, Secretary for Justice of Hong Kong; Professor Teresa Cheng SC, Chairman of the AAIL; Dr Li Shishi, President of the Chinese Society of International Law; Professor Zhang Yuejiao, Former WTO Appellate Body Member and Chair; Mr Liu Zhenmin, Vice Minister for Foreign Affairs of China (by video); and Mr Xie Zhenhua, Special Representative for Climate Change Affairs of China.

CIL Senior Visiting Research Fellow Dr Lynn Kuok recently participated in the World Economic Forum’s Annual Meeting of the New Champions in Dalian, China, also known as the ‘Summer Davos’. it is the foremost global gathering on science, technology and innovation, and convenes the next generation of fast-growing enterprises shaping the future of business and society, and leaders from major multinationals, government, media, academia and civil society. In keeping with WEF founder Professor Klaus Schwab’s call for economics to be considered in its broader security context, Dr Kuok presented on a panel examining ‘A New Strategic Narrative for Asia’.

CIL Research Fellow Zhen Sun participated in the 6th World Congress for Korean Politics and Society 2017 organized by the Korean Political Science Association, Ministry of Oceans and Fisheries, Korea Foundation and Korea Maritime Institute. The conference was held in Yonsei University, Seoul on 22-24 June on ‘Rebuilding Trust in Peace and Democracy’. Zhen delivered a presentation on ‘Non-Traditional Maritime Security Cooperation in Southeast Asia‘ under the panel on ‘How to Promote Peaceful Uses of the Seas in Asia’.

CIL Senior Research Fellow Youna Lyons participated in the 2017 Global Ocean Regime Conference of the Korea Maritime Institute. The conference was held in Seoul on 19-21 June 2017 on the theme of the role of international law and its limits, in particular the maritime order in Asia after the South China Sea Arbitration. Youna presented on the ‘Protection of the Marine Environment after the SCS Arbitration Award‘.

On 16–17 June 2017, CIL Head of Ocean Law and Policy Programme Assoc Prof Robert C Beckman and CIL Research Associate Hadyu Ikrami participated in the Asia-Pacific Ocean Law Institutions Alliance (APOLIA) Conference on ‘Maritime Law Enforcement: Asia-Pacific State Practice’ and the ‘South China Sea Workshop on South China Sea Arbitration and Incidental Maritime Issues’. The conference and workshop took place in Da Nang, Vietnam and were organised by the Diplomatic Academy of Vietnam and The Development of International Law in Asia-Korea (DILA-Korea).

On 15 June 2017, CIL Director Professor Lucy Reed spoke at the public seminar programme on ‘Investor-State Mediation: Perspectives from States, Mediators & Practitioners’ sponsored by ICSID and the American University Washington College of Law Center on International Commercial Arbitration. Lucy again presented the results of the CIL Survey, in the broader context of legitimate versus perceived obstacles to State settlement of investor disputes. 

On 12–14 June 2017, CIL Director Professor Lucy Reed and Research Assistant Seraphina Chew attended the inaugural Investor-State Mediator Training at World Bank Headquarters in Washington DC sponsored by the Bank’s International Centre for Investment Disputes (ICSID), the Centre for Effective Dispute Resolution (CEDR), the International Mediation Institute, and the International Energy Charter (ECT). This training initiative reflects the increasing interest in mediation and conciliation of investor-State disputes, either before or while the parties resort to international arbitration. Lucy and Seraphina presented the results of CIL’s survey on obstacles to settlement of investor-State disputes, as part of training the participants to identify the inherent impediments States face in voluntarily settling disputes with investors. Other speakers included Meg Kinnear, Secretary-General of ICSID; Karl Mackie, co-founder of CEDR; Anna-Joubin-Bret, a drafter of the IBA Rules on Rules for Investor-State Mediation; and Alejandro Carballo Leyda, General Counsel of the ECT.

CIL Senior Visiting Research Fellow Dr Lynn Kuok recently participated in the IISS-Shangri-La Dialogue, Asia’s premier defence summit of defence ministers and delegates from over 50 countries, as a Southeast Asian Young Leader. The Dialogue was held in Singapore from 2-4 June 2017. Dr Kuok contributed two opinion editorials on recent developments in the South China Sea to The Straits Times and the Wall Street Journal.

CIL research associates (below) participated in the 14th Asian Law Institute Conference on “A Uniting Force? – ‘Asian Values’ and the Law” on 18–19 May 2017 in Manila, Philippines. The conference was organised by the Asian Law Institute of the National University of Singapore and College of Law at the University of the Philippines. The conference was attended by over 200 legal scholars and practitioners.

CIL Research Associate and Practice Fellow Elsa Sardinha and NUS Faculty of Law Assistant Professor Vincent-Joël Proulx presented a work-in-progress paper entitled ‘Requiem for a Deal, or the End of American Influence in the Investment Chapters of Asia-Relevant FTAs? Can Asian Trade and Investment “Values” Carry the RECP in the Wake of the TPP’s (Potential) Death?’

CIL Research Associate Millicent McCreath presented on ‘Burgeoning Practice of the Establishment of Marine Protected Areas in Southeast Asia to Target the Impacts of International Shipping’.

CIL Research Fellow Dr Zhen Sun presented on ‘ASEAN Framework to Enhance Maritime Security’.

CIL Research Associate Hadyu Ikrami presented on ‘Indonesia-Malaysia-Philippines Cooperation in Combating Maritime Crimes: Lessons from the Malacca Straits Patrol and the Role of ASEAN’. 

Professor Lucy Reed, CIL Director, represented the Centre at the 111th Annual Meeting of the American Society of International Law in Washington DC on 12–15 April 2017. Professor Reed was President of the American Society of International Law from 2008 to 2010. With the topical theme of ‘What International Law Values’, highlights of the meeting included: the Grotius Lecture by Harvard University Professor David Armitage entitled ‘Civil War Time: From Grotius to the Global War on Terror’; an interview by New York University Law School Professor Philip Alston of Hudson Medal Winner Professor Georges Abi-Saab; an Assembly address by Professor Philippe Sands on the origins of the ideas of ‘genocide’ and ‘crimes against humanity’ as illustrated in his new book East West Street; and a keynote address by the new General Counsel of the World Bank Group, Ms Sandie Okoro, on gender-based violence entitled ‘Seen and Not Heard’. NUS Law Faculty Dean and CIL Board Deputy Chairman, Professor Simon Chesterman, spoke on the panel on ‘Claims Against the United Nations: From Within and Without’. Ayelet Berman, soon to join CIL as a Senior Research Fellow, spoke on the panel on “The Rise of Multistakeholder Global Governance’. Professor Reed, Dean Chesterman and NUS Professor Tony Anghie attended the Colleague Societies Breakfast as representatives of the Asian Society of International Law. [Photos]

On 22–23 February 2017, CIL Director Lucy Reed participated in several events at Pepperdine University School of Law in California, which is the home of the well-known Straus Institute for Dispute Resolution. Professor Reed was interviewed by Professor Tom Stipanowich, Dean of the Straus Institute, and Ms Maria Chedid, arbitration partner at Baker & McKenzie in San Francisco, in the inaugural international commercial arbitration ‘A Conversation With…’. Professor Reed spoke to Pepperdine/Straus law students and LLM candidates about the practice of international arbitration and, having judged the final Vis Moot rounds in both Vienna and Hong Kong, was warmly welcomed by the Vis team to sit a practice round. Professor Reed also had meetings on arbitration curricula, including with Professor Jack Coe, a leading international arbitration academic and rapporteur for the American Law Institute’s Restatement of the U.S. Law of International Commercial Arbitration.

On 16 February 2017, CIL’s Christopher Thomas QC was a discussant at the symposium on “International Investment Arbitration Across Asia” organised by the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS) and by the Sydney Centre for International Law (SCIL). The following day, he spoke at the “SCIL International Law Year in Review Conference” on the prospects for and challenges to plurilateral and multilateral treaties in the area of international investment protection.

CIL Research Fellow Dr Zhen Sun participated in a Conference on ‘The Russian Far East, Arctic, and China: Reshaping Northeast Asia in the 21st Century?’ on 25-26 May 2017 in Cambridge, the United Kingdom. The Conference was organised by the Center for Rising Powers and took place at the Scott Polar Research Institute at the University of Cambridge. Dr Sun delivered a presentation on “Navigation Rights under UNCLOS: Application in the Arctic Ocean” under the Panel on UNCLOS. To download her presentation slides, click here.

CIL Senior Research Fellow Youna Lyons participated in the Meeting of the Scientific Group of the London Convention and Protocol on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter as an observer member of the delegation of the Advisory Committee on Protection of the Sea. The meeting was held at the International Maritime Organization in London on 27-31 March 2017.

Professor Robert Beckman (Head of CIL’s Ocean Law and Policy Programme), Dr Hao Duy Phan (CIL Senior Research Fellow) and Dr Lynn Kuok (CIL Senior Visiting Research Fellow) were invited to participate in the workshop on “Understanding Freedoms of Navigation-ASEAN Perspectives” on 7 March 2017 in Singapore. The workshop was organized by the Institute of Defence and Strategic Studies (IDSS) under the S. Rajaratnam School of International Studies. Professor Beckman presented an “Overview of the International Navigational Regimes”, and Dr Hao Duy Phan spoke about “Vietnam’s Regulations on Navigational Rights of User States in its Maritime Zones”. To see Professor Beckman’s PowerPoint presentation, click here.

CIL Senior Research Fellows Mr Anthony Wetherall and Ms Denise Cheong and ESI Research Associate Mr Nur Azha Putra participated in the 8th annual Nuclear Power Asia Conference (NPA 2017) held in Kuala Lumpur, Malaysia from 7 to 8 March 2017. This year’s event was co-hosted by the Malaysian Nuclear Power Corporation (MNPC) and attended by over 200 international and regional stakeholders including representatives from industry, government and academia. Mr Wetherall was a panellist in the keynote panel discussion on ASEAN development, where he identified ways to strengthen ASEAN nuclear governance including the need for the region to establish an emergency preparedness and response (EPR) framework to deal with nuclear accidents. He was also a panellist in the discussion on the challenges in the construction of new nuclear power plants, where he spoke on the legal and policy challenges associated with a future deployment of small modular reactors (SMRs). He also chaired the session entitled “Advanced technology for safety & security”. The programme of the conference is available here. [View image from event]

On 3 March 2017, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at a conference at Blackstone Chambers, London, titled ‘Current Issues in Rule of Law and International Trade and Development’. He spoke about investment treaties, foreign investment and the rule of law, addressing both whether investment treaties lead to higher levels of investment in the signatory states and whether investment treaties lead to improvements in the rule of law. His slides are available here.

On 27-28 February 2017, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave lectures at University College London and the Lauterpacht Centre for International Law at the University of Cambridge. He spoke on the compatibility of the European Union’s new investment tribunal system with existing instruments of the investment treaty regime, such as the ICSID Convention and the New York Convention. A summary of his remarks was reported in Global Arbitration Review. His paper is presently in prepublication review.

CIL Senior Research Fellows Ms Denise Cheong and Mr Anthony Wetherall, as well as ESI Research Associates Mr Nur Azha Putra and Ms Ira Martina Drupady, participated in the 6th meeting of the Nuclear Energy Experts Group held from 27 to 28 February 2017 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. Mr Wetherall presented a discussion paper on the potential future deployment to emerging countries of small modular reactors (SMRs), including transportable nuclear power plants (TNPPs). In this context, he proposed the development of a ‘package approach’ to the establishment and implementation of national nuclear legislative and regulatory frameworks. The researchers participated in a number of discussions, including on the prospects of nuclear power growth in the Asia Pacific region and the options for strengthening nuclear governance. Mr Wetherall’s discussion paper can be downloaded here.

On 11-12 February 2017, CIL Research Associate Hadyu Ikrami judged four preliminary rounds and a semifinal round of the 2017 Indonesian National Rounds of the Philip C. Jessup International Law Moot Court Competition, held at the University of Gadjah Mada, Yogyakarta, Indonesia. Out of a field of 16 universities , the University of Indonesia and the University of Pelita Harapan were named the champion and runner-up respectively. Both teams will represent Indonesia in the Jessup International Rounds to be held in Washington D.C., USA in April 2017.

CIL Senior Research Fellow Youna Lyons was invited as a speaker to the 9th ASEAN Regional Forum Inter-sessional Meeting on Maritime Security (ARF ISM on MS), held in Tokyo on 8-9 February 2017. Her presentation was titled ‘Developing Cooperative Mechanisms for the Management of the Marine Environment in the South China Sea’ and can downloaded here.