Researchers' Activities

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.

CIL Practice Fellow Emily Choo attended the inaugural KLRCA Summer Academy on International Investment Law and Dispute Settlement, which was held in Kuala Lumpur, Malaysia from 25-29 July 2016. The Summer Academy was organised by the Kuala Lumpur Regional Centre for Arbitration in partnership with Clifford Chance. The 5-day programme comprised lectures, interactive training and practical exercises on topical issues in investment law. Around 50 government officials, academics, members of the judiciary and private practitioners from Malaysia, Indonesia, the Philippines, Singapore, Hong Kong and France attended the Summer Academy. [View image]

On 20 July 2016, CIL Director Lucy Reed participated in the Panel Discussion on The Rule of Law and Dispute Resolution held in Singapore. The panel discussion, which was accompanied by a performance by the Temple Church Boys’ Choir from London, was moderated by Chief Justice Sundaresh Menon and was jointly organised by The Honourable Societies of Inner and Middle Temple, The Temple Church and Singapore Academy of Law. To view the eBrochure, please click here. [View photo]

CIL Practice Fellow Emily Choo was invited to present her paper on “The Impact of Non-State Actors’ Intervention in Investor-State Arbitration” at the ILA British Branch Spring Conference on Non-State Actors and Changing Relations in International Law, which was held at the Lancaster University, United Kingdom on 8-9 April 2016. The conference was organised by the Lancaster University Law School and the International Law Association British Branch. Emily spoke about the impact of non-state actors on the development of investment law through their intervention in investor-state arbitration.

CIL Director Robert Beckman made a presentation in Jakarta, Indonesia on 17 March 2016 entitled ‘The Philippines v China Case and the South China Sea Disputes’. The one-day forum was organised by the Center for Southeast Asian Studies (CSEAS) in collaboration with The Netherlands Embassy in Jakarta, and was entitled ‘ASEAN Dialogue on International Law: Strengthening the Rule of Law in the Region on International Law of the Sea’. For Prof Beckman’s presentation, click here.

IELPO LL.M Programme at Universitat de Barcelona re-invited CIL for the 4th time to teach its course on Asian Regionalism. CIL Research Fellow Junianto James Losari replaced Associate Professor Michael Ewing-Chow this year to teach the two-day-course on 9-10 March 2016 in Barcelona, Spain. In his course, James shared various stories of integration in Asia and discussed the main drivers of the integration, including trade and investment. He also focused on the ASEAN integration, which is considered as one of the most advanced integrations in the region.