Researchers' Activities

CIL Research Associate Maria Pia Benosa recently completed the inaugural course of the Basel Winter Arbitration School 2022 (Arbitration Lab) at the Law Faculty of the University of Basel from 6-11 February 2022. Joined by both in-person and online participants from over 15 countries, Arbitration Lab featured lectures on key areas relevant to ocean law and policy such as dispute resolution under Annex VII of the UN Convention on the Law of the Sea and the Human Rights at Sea Arbitration Initiative. Basel Arbitration Lab, which aims to provide an overarching platform for a wide range of arbitration practice areas, is a pioneering initiative of Prof. Anna Petrig (University of Basel) and Prof. Yarik Kryvoi (British Institute of International and Comparative Law).

Research Fellow Nivedita S and Research Associate Annabelle Teo participated in a webinar entitled “Safety, Security and Safeguards Interfaces and Challenges for Novel Advanced Reactors” organised by the International Atomic Energy Agency (IAEA) on 3 February 2022. This was the second webinar in a series of webinars on the safety of Novel Advanced Reactors (NARs) (which includes marine-based small modular reactors), following the completion of a high-level mapping of the applicability of the IAEA Safety Standards to NARs.

Having found during the mapping exercise that the implementation of the safety requirements for NARs at the design stage has interfaces with security and safeguards considerations, the aim of the webinar was to discuss the various interfaces, challenges, synergies and conflicts for the safety, security and safeguards (3Ss) of NARs, taking into account their unique characteristics such as new fuel concepts and transportability. This discussion was timely given that many NARs are still at a conceptual or early design stage, thus presenting a unique opportunity for interested stakeholders to promote and pursue a holistic approach that integrates all 3Ss to support the development and deployment of NARs. Additionally, the webinar also provided an overview of the IAEA’s upcoming activities in this area. Details of the event and speakers are available in the webinar programme.

2 February 2022: CIL Director Dr Nilüfer Oral was Invited to Lecture at the LinCEJ Seminar Series of the Lincoln University Law School (UK) on Sea Level Rise and the Work of the International Law Commission

1 February 2022: CIL Director Dr Nilüfer Oral was Invited as a Panelist to Webinar on “Successes and Failures of UNCLOS” Hosted by Volterra Fietta Law Firm.

This was the inaugural seminar in Volterra Fietta’s seminar series to commemorate the 40th anniversary of the United Nations Convention on the Law of the Sea (referred to as UNCLOS).

Danielle delivered a guest lecture on 21 Jan 2022 at the NUS Climate Change Law and Policy module convened Visiting Prof Douglas Kysar. Danielle spoke on the negotiations process and her perspectives as a former legal advisor and climate change negotiator.

22 December 2021: CIL Director Dr Nilüfer Oral was Invited to Give a Lecture at the Marine Law and Policy Research Centre of the Istanbul Bilgi University, Titled “International Law Consequences of Climate Change and Sea Level Rise”

More about the event at: International Law Consequences of Climate Change and Sea Level Rise, 22 December 2021 | Marine Law and Policy Research Center (bilgi.edu.tr)

CIL Research Associate Annabelle Teo participated in various events during the International Conference on the Safe and Secure Transport of Nuclear and Radioactive Materials, which was held virtually from 13 to 17 December 2021. The conference was organised by the International Atomic Energy Agency (IAEA) and focused on issues relating to transport safety, transport security and the interface between them, with the objective of supporting Member States in further developing and strengthening their transport safety and security regulatory infrastructures.

Relevant topics covered over the course of the week include: (i) the main transport considerations and challenges for Small Modular Reactors (SMRs) in realising the prospect of global deployment of SMRs; (ii) the call for enhanced regional networks addressing transport safety and security in a coordinated manner, including within the Asia and Pacific Islands region; (iii) the exchange of good practices and experience, including presentations from ASEAN Member States such as Indonesia and Myanmar on the development of transport regulations and the exercise of regulatory oversight; and (iv) the IAEA’s past work and future plans to promote effective management of the transport safety-security interface. Details of the event and speakers are available in the conference programme.  

13 December 2021: CIL Director Dr Nilüfer Oral was Invited to Speak at the Event

“Looking Ahead to the CBD COP15: Opportunities and Challenges Posed by Other Effective Area-Based Conservation Measures (OECMs)” Organized in Conjunction with the Asian Environmental Law Congress

The IUCN World Commission on Protected Areas (WCPA) and the IUCN World Commission on Environmental Law (WCEL), in partnership with the Asia-Pacific Centre for Environmental Law (APCEL) and the Centre for International Law (CIL) at the National University of Singapore are pleased to organize this webinar on ‘Sharing lessons and progress in identifying Other Effective Area-based Conservation Measures’.

Background

At the fourteenth meeting of the Conference of the Parties to the Convention on Biological Diversity (COP CBD 14) in 2018, Parties adopted Decision 14/8 on ‘protected areas and other effective area-based conservation measures’ (OECMs), containing scientific and technical advice for OECMs. The decision defines an ‘other effective area-based conservation measure´ as:

“a geographically defined area other than a Protected Area, which is governed and managed in ways that achieve positive and sustained long-term outcomes for the in situ conservation of biodiversity, with associated ecosystem functions and services and where applicable, cultural, spiritual, socio–economic, and other locally relevant values.“

OECMs are expected to complement protected areas across landscapes and seascapes and enable the improved recognition and support for areas that are effectively and equitably managed as well as to achieve the long-term in situ conservation of biodiversity. OECMs are also referenced in Target 3 of the latest draft of the post-2020 Global Biodiversity Framework . It is expected that many CBD Parties will consider OECMs in addition to protected areas to achieve this target, if it is agreed by CBD COP15 in Kunming, China, in 2022. This raises the need to advance the discussion about the legal and regulatory framework for OECMs to ensure that they deliver the outcomes required by CBD parties.

Aims and Objectives

This webinar aimed to generate knowledge sharing and discussion about the legal and policy basis and aspects of OECMs, addressed how laws and policies enable the recognition of OECMs, the associated challenges, and how they addressed to enable the long-term conservation of biodiversity within OECMs. The objectives included the introduction of the CBD guidance for OECMs, a number of country case studies and the facilitation of a discussion among participants to develop an understanding of the opportunities and challenges posed by OECMs, the diverse approaches that may be considered for developing the legal and policy frameworks to support their recognition and their role in delivering biodiversity outcomes in the long-term.

More about the event at: https://law.nus.edu.sg/apcel/events/oecm13dec21/

8-9 December 2021: CIL Director Dr Nilüfer Oral was Invited to Moderate at the Informal Intersessional BBNJ High Seas Treaty Dialogues

Day 1 of the December High Seas Treaty Dialogues picked up on October discussions related to Implementation, Compliance and Dispute Settlement, it also focused on the relationship between the Institutional Arrangements under the future BBNJ agreement and relevant legal instruments frameworks and relevant global, regional, subregional and sectoral bodies. Day 2, which is moderated by Dr Nilufer Oral, focused on Marine Genetic Resources, including questions on the Sharing of Benefits and Transfer of Marine Technology.

8 December 2021: CIL Director Dr Nilüfer Oral was Invited to be a Panellist at the Book Launch Event of Caroline Foster’s New Book “Global Regulatory Standards in Environmental and Health Disputes: Due Regard, Due Diligence and Regulatory Coherence”

Global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era.

However, the legitimacy of the resulting ‘standards-enriched’ international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law’s legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

The session was chaired by Christina Voigt and panellists include Dr Nilufer Oral, Gleider Hernandez and Geir Ulfstein.