Researchers' Activities

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.