Researchers' Activities

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.