Researchers' Activities

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.

CIL Senior Research Fellow Youna Lyons was invited as an expert speaker at the 3rd Meeting of the CSCAP Study Group on Marine Environmental Protection, held in Tokyo on 6-7 February 2017. Her presentation was titled ‘Establishing MPAs in the Region: Some Considerations’ and can be downloaded here.

CIL Senior Research Fellow Mr Anthony Wetherall participated in the Legal Frameworks Workshop ‘Vigilant Marmot’ organised by the Global Initiative to Combat Nuclear Terrorism (GICNT) together with the governments of the USA, the Slovak Republic and Canada, and the United Nations Office on Drugs and Crime (UNODC). Held in Bratislava, Slovakia, from 24 to 26 January 2017, the event was attended by over 100 participants from GICNT partner nations and representatives of organisations, including the International Atomic Energy Agency (IAEA), UNODC, the International Criminal Police Organization (Interpol) and the United Nations Interregional Crime and Justice Research Institute (UNICRI). The workshop was organized into a series of seminars, panel discussions and scenario-based dialogues to address challenges in adopting or updating national legal frameworks for nuclear security, highlight obligations under international legal instruments against radiological-nuclear terrorism, and consider practical models for implementing these obligations. The event focused on the criminalisation penalties in the Convention on the Physical Protection of Nuclear Material (CPPNM), the 2005 Amendment thereto and the International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT). Mr Wetherall participated in the panel discussion on the definitions in the aforementioned instruments. He also served as a roaming expert for five workshop sessions.

CIL Senior Research Fellow Mr Anthony Wetherall participated in the International Atomic Energy Agency’s (IAEA) week-long International Conference on Nuclear Security: Commitments and Actions. Mr Wetherall acted as co-Chair for the Technical Session entitled ‘Perspectives on Implementing Obligations under International Instruments for Nuclear Security’. He also served as the Panel Facilitator for two related panel discussions: ‘The challenges of implementing international commitments, nationally’ and ‘The role of regional organisations and bilateral programmes in supporting national implementation of international obligations’. The Ministerial Conference was attended by over 2000 participants from 139 IAEA Member States and 29 organizations. 47 IAEA Member States were represented at ministerial level. The Ministerial Conference was held from 5-9 December 2016 at IAEA Headquarters, Vienna, Austria. A ministerial segment, lasting a day and a half, adopted a Ministerial Declaration by consensus. A President’s Report will be published on the conference site.

On 27 October 2016, CIL Director Lucy Reed delivered the 31st Queen Mary University–Freshfields Arbitration Lecture in London, on the topic of ‘Ab(use) of Due Process: Sword vs Shield’. Professor Reed, who for many years led the Freshfields International Arbitration Group, framed her topic with the example of Donald Trump impugning the US federal judge who is presiding over a case against Trump University, by claiming the Mexican heritage of the judge—who was born and raised in Indiana—is biased because of Trump’s plans to construct a wall at the Mexican border if he is elected President.

Professor Reed described a growing trend in international arbitration for the unreasonable invocation of procedural complaints ‘under the banner of due process’ as a ‘brazen strategy’ to seek to pressurise arbitral tribunals. Her thesis was that arbitral tribunals should not allow parties to conflate routine procedural complaints (however stridently or repeatedly articulated, as Trump has done in interviews) with genuine ‘due process’ violations which have the potential to undermine the legitimacy of the arbitral process.

Defining due process as ‘a person’s right not to be deprived as property or other rights without the opportunity to represent themselves before neutral judges’, Professor Reed outlined the historical evolution of the concept of due process as a shield for legitimacy in international arbitration, before providing some practical illustrations of the strategy of (ab)using due process as a sword to influence the outcome. She focused on the boundaries and grey areas between routine procedural complaints and true due process violations. She concluded by urging arbitrators to confront the strategy, to prevent toleration leading to normalisation.

Due process, in Professor Reed’s words, ‘is meant to be a shield against procedural unfairness’ and for a party to ‘gleefully use due process as a sword is to cheapen due process’. As she concluded: neither Zorro nor the Three Muskeeters should be welcome in international arbitration hearing rooms.

CIL Senior Research Fellow Dr Hao Duy Phan was invited to participate in the 3rd ASEAN-EU High Level Dialogue on Maritime Security Cooperation on 15-16 September 2016 in Bangkok, Thailand. The Dialogue was jointly organised by the Ministry of Foreign Affairs of Thailand and the European Union. Hao Duy Phan made a presentation on ‘Strengthening Regional Cooperation to Address Maritime Security Challenges: The Role of ASEAN’. To download his presentation, click here.