Researchers' Activities

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.