Researchers' Activities

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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