Researchers' Activities

CIL Director Robert Beckman and CIL Research Fellow Leonardo Bernard participated at the 2015 ILA – ASIL Asia-Pacific Research Forum on 25-26 May 2015 in Taipei, Taiwan. The Research Forum was organised by the Chinese (Taiwan) Society of International Law – Chinese (Taiwan) Branch of the International Law Association, in cooperation with the American Society of International Law and Research Center for International Legal Studies, National Chengchi University. Prof Beckman was part of the panel on Law of the Sea: South China Sea, where he presented on the Philippines v China Case and Maritime Disputes in the South China Sea. To download Prof Beckman’s paper, click here. To download his presentation in PDF format, click here.

On 25-27 May 2015, the Temasek Foundation held its Series on Trade & Negotiations: RSIS-WTO Parliamentarian Workshop 2015 in Singapore. This event brought together parliamentarian representatives from the region to learn and discuss further about the recent development in the World Trade Organization (WTO). The Director General of the WTO, Mr Roberto Azevedo, delivered his keynote address about the challenges for the WTO in the future. A/P Michael Ewing-Chow was invited to share Singapore’s experience in trade facilitation. In his talk, Michael talked about the situation in the region and how trade facilitation can help development. Using the history of Singapore and trade facilitation, he suggested some principles for trade facilitation, in particular the importance of dealing with corruption, garnering buy-in from all stakeholders, and upholding the rule of law.

CIL Researchers Leonardo Bernard, Harpreet Kaur Dillon, Hao Duy Phan, Sun Zhen and Ranyta Yusran participated in the 12th Annual Asian Law Institute Conference – “Law 2.0: New Challenges in Asia” on 21-22 May 2015 in Taipei, Taiwan. The Conference was jointly organised by the National University of Taiwan and the Asian Law Institute. At the Conference, CIL researchers made various presentations on different topics of international law and chaired different panels. Dr Zhen Sun and Mr Leonardo Bernard spoke at a panel on international law with a particular focus on the law of the sea. Dr Zhen Sun made a presentation on “A Hot Land in A Cold Place: Opportunities and Challenges for Singapore in the Arctic” (download in PDF) and Mr Leonardo Bernard made a presentation on “Historic Fishing Rights and the EEZ” (download in PDF). Dr Hao Duy Phan and Ms Harpreet Dhillon participated in two different panels on international law and spoke about “ASEAN’s Legal Personality and its Treaty-Making Power” (download in PDF) and “Consolidation of Claims Arising under an International Investment Agreement: What is at Stake?” (download in PDF) respectively. Ms Ranyta Yusran was a panellist at the panel on cross-border issues. She made a presentation on “Mapping the ASEAN Framework on Transnational Crime” (download in PDF).

Universitas Kebangsaan Malaysia (UKM) invited A/P Michael Ewing-Chow to speak at the ASEAN Economic Community Forum, which was held on 21-22 May 2015 in Kuala Lumpur, Malaysia. In the panel on ‘Full Integration into the Global Community: RCEP’, Michael delivered his presentation, ‘RCEP = ASEAN Plus Six Is the Whole Greater than the Sum of the Parts?’. He discussed the current context of the trade and investment landscape in RCEP negotiating countries. He also talked about the potential gains if RCEP could be concluded and the challenges that the negotiating parties will face during the negotiation based on the gap between some of the ASEAN and its Dialogue Partners as evidenced by the existing ASEAN+1 FTAs.

CIL Research Fellow Junianto James Losari was invited by the Economic Research Institute for ASEAN and East Asia to present his research on the investment chapters in various ASEAN + Dialogue Partners Free Trade Agreements (FTAs) in the 1st Workshop on the Regional Comprehensive Economic Partnership (RCEP) which was held on 20-21st May 2015 in Tokyo, Japan. The Workshop was attended by scholars (mostly economists) from various universities in Japan, South Korea, Indonesia, Singapore, and the Philippines. James presented his paper titled, ‘Searching for an Ideal International Investment Protection Regime for ASEAN + Dialogue Partners (RCEP): Where do we Begin?’ The paper conducted a baseline study of various provisions contained in various BITs, regional investment agreements and investment chapters of FTAs among ASEAN and its Dialogue Partners. He also proposed that RCEP should be used as an opportunity to consolidate the existing investment agreements to solve parallelism caused by the spaghetti bowl phenomenon of investment agreements among the negotiating parties. The Workshop is expected to produce a report for RCEP negotiators that can support the negotiating process.

CIL Practice Fellow Ms Harpreet Kaur Dhillon was invited to speak at the Regional Arbitral Institutes Forum (RAIF) 2015 on 9 May 2015 at the Kuala Lumpur Regional Centre for Arbitration in Kuala Lumpur, Malaysia. She was part of a 3-member panel on investor-state arbitration, together with Professor Chester Brown of University of Sydney and Mr. Hussein Haeri of Withers LLP (London). Harpreet presented on the “Clash of Bilateralism and Regionalism in International Investment Agreements of ASEAN Member States: What Have We Overlooked?”, examining the overlap in investment treaty protection in existing agreements and why an investor may approach strategically the question of which amongst multiple investment agreements between the same State parties it may proceed in investor-state arbitration. The keynote address was delivered by Singapore’s Attorney-General, Mr. V K Rajah SC, and the conference was hosted by the Malaysian Institute of Arbitrators. More than 100 participants attended the RAIF. To download her presentation in PDF format, click here.

CIL Director Robert Beckman presented lectures on 8 and 11 May 2015 on the law of the sea to the participants in the RSIS Command Staff College Course in Maritime Security Studies at S Rajaratnam School of International Studies, Nanyang Technological University, Singapore.

The British Institute of International and Comparative Law invited A/P Michael Ewing-Chow, CIL Head of Trade/Investment Law and Policy, to be one of the panellists in the 24th Investment Treaty Forum Public Conference, which was held on 8 May 2015 in London, United Kingdom. The theme of this year’s forum was “The European Union’s Investment Treaties in Global Context”. On the panel, “Comparing the Texts-Substantive Protections”, Michael discussed the most-favoured nation (MFN) clause, which has been a subject of controversy in international investment law. He noted that the Investment Chapter of the EU-Singapore Free Trade Agreement does not have an MFN clause, whereas the Investment Chapter of the Canada-EU Free Trade Agreement (CETA) has one that carves out dispute settlement and limits MFN application only to treatment. He then proposed that the necessity of an MFN clause should be re-evaluated in light of States’ attempts to refine their new International Investment Agreements (IIAs), and that National Treatment (NT) and Fair and Equitable Treatment (FET) clauses may be sufficient to address investors’ concerns regarding abuse.

The United Nations Conference on Trade and Development (UNCTAD) invited A/P Michael Ewing-Chow, CIL Head of Trade/Investment Law and Policy, as one of a select group of international investment law experts to a Peer Review Meeting for the forthcoming UNCTAD World Investment Report (WIR) 2015. The Meeting was held on 29-30 April 2015 in Geneva, Switzerland. During the Meeting, the experts discussed the issue of International Investment Agreement (IIA) reform and how a holistic approach to IIA should be conceptualised. UNCTAD will include the result of the discussions in the forthcoming WIR 2015.

CIL Director Robert Beckman and CIL Visiting Research Fellow Captain J Ashley Roach attended the annual Plenary Meeting of the International Cable Protection Committee (ICPC) in Hong Kong from 28-30 April 2015. Professor Beckman made an invited presentation on ‘Sovereignty and Maritime Disputes in Southeast Asia: Implications for the Cable Industry’. To view his presentation in PDF format, click here.