Researchers' Activities

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.

On 29-30 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, chaired panels and served as a discussant at the Asia FDI Conference II in Hong Kong, ‘China’s Three-Prong Investment Strategy: Bilateral, Regional and Global Tracks’.

On 15 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, gave a keynote presentation at the Asian Business Law Institute’s Asia Pacific Arbitration Conference 2016 titled ‘The Rise of Investment Treaty and Investor State Arbitration Practices in Asia’. Among other issues, he addressed the current state-of-play of investment treaty making and investor-state arbitration in Asia, including the ASEAN Comprehensive Investment Agreement, as well as the status of ongoing negotiations on the Trans-Pacific Partnership (TPP) and the Regional Comprehensive Economic Partnership (RCEP).

Professor Robert Beckman, Head of CIL’s Ocean Law and Policy Programme, participated in the 8th South China Sea International Conference organised by the Diplomatic Academy of Vietnam, which was held on 14-15 November 2016 in Nha Trang, Viet Nam. Professor Beckman chaired a panel session on ‘Mechanisms for Managing South China Sea Tensions’ and made a presentation in the panel session on The Arbitral Award and Legal Implications for the Claims of Parties in the South China Sea. His presentation was entitled ‘The New Status Quo and Prospects for Cooperation in the South China Sea’. To see his PowerPoint presentation, click here.

The CIL Ocean Law and Policy team participated in the panel discussion on the marine environment chaired by Professor Robert Beckman at the 20th Anniversary Celebrations of the Asia-Pacific Centre for Environmental Law (APCEL), held at the National University of Singapore on 10 November 2016. The theme of the conference was ‘Attaining the Sustainable Development Goals – Environmental Law, Policy and Management’. The panel made the following three (3) presentations: (1) ‘The International Legal Framework for the Protection and Sustainable Use of Marine Biological Diversity’ by CIL Senior Research Fellow Ms Youna Lyons (2) ‘International Law and the Protection of the Giant Clams in the South China Sea’ by CIL Research Fellow Ms Denise Cheong (3) ‘IMO Measures to Protect Areas Beyond National Jurisdiction – The Sargasso Sea’ by CIL Research Fellow Dr Sun Zhen.

CIL Senior Research Fellow Mr Anthony Wetherall participated in the 22nd Biennial Congress of the International Nuclear Law Association (INLA). Mr Wetherall presented on the ‘Future Deployment of Transportable Nuclear Power Plants: Legal and Regulatory Issues and Challenges’, as jointly prepared by Mr Wetherall and Research Fellow Ms Denise Cheong based on ongoing research as part of the ESI-CIL Nuclear Governance Project. The Congress is a leading international conference on legal issues relating to peaceful uses of nuclear energy. The conference was held from 7 to 11 November 2016 and hosted by the Nuclear Law Association in New Delhi, India. To download Mr Wetherall’s presentation, click here.

CIL Research Fellow Dr Zhen Sun participated in the Conference on Ocean Issues for the Pacific and East Asia. The conference was hosted by the Australian National Centre for Ocean Resources and Security (ANCORS) at the University of Wollongong, Australia and Korea Institute of Ocean Science and Technology (KIOST), the Republic of Korea, on 2-4 November 2016 in Wollongong, Australia. The conference was attended by around 30 participants of academics and PhD students. Dr Sun presented on ‘Polar Code and Its Implementation in the Panel on New Frontiers’. To view her presentation, click here.

On 1 November 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at the ‘International Symposium on China and Development of International Dispute Resolution System in the Context of “the Belt and Road” Construction’ at the Silk Road Institute for International and Comparative law at Xi’an Jiaotong University School of Law in Xi’an, China. His presentation, entitled ‘Building Legal Infrastructure for International Arbitration’, addressed the importance of a consistent, internationalised commercial arbitration framework across the range of states being considered for inclusion in China’s One Belt, One Road initiative.

CIL Senior Research Fellow Ms Youna Lyons participated in the 70th Session of the International Maritime Organization’s Marine Environment Protection Committee (MEPC), at the IMO Headquarters in London, from 24-28 October 2016, as the Head of Delegation of the Advisory Committee on Protection of the Sea (ACOPS).

Assoc. Professor Robert Beckman, Head of CIL’s Ocean Law and Policy Programme; Mr Anthony Wetherall, Senior Research Fellow; and Ms S Nivedita, Research Associate, participated in the KIOST International Seminar on Ocean Sciences Diplomacy (ISOSD): A Novel Approach to Establishing a Cooperative Regime in the Asian Waters through Ocean Sciences to Promote Regional Peace held in Ansan, Republic of Korea, on 24-27 October 2016. The seminar was organised by Korea Institute of Ocean Science & Technology (KIOST). Assoc. Prof Beckman presented on the ‘Global Legal Regime Governing Pollution of the Marine Environment from Offshore Installations and Structures’ while Mr Wetherall presented on the ‘Future Deployment of Transportable Nuclear Power Plants: Legal and Regulatory Issues and Challenges’, as jointly prepared by Mr Wetherall and Research Fellow Ms Denise Cheong, based on on-going research as part of the ESI-CIL Nuclear Governance Project. Ms S Nivedita took the role of discussant during the panel discussion on coastal nuclear power plants. To download Assoc Prof Beckman’s presentation, click here. To download Mr Wetherall’s presentation, click here. [View photo]

On 12-13 October 2016, Research Associate Professor (CIL) N. Jansen Calamita, Head of CIL’s Investment Law and Policy Programme, was an invited speaker at the 5th Asia Pacific ADR Conference in Seoul, Korea, organised by, among others, the United Nations Commission on International Trade Law and the Korean Ministry of Justice. He addressed the changing landscape of investment treaties, paying particular attention to the investment treaty policy of the European Union.

CIL Senior Research Fellow Ms Youna Lyons was invited to speak at the International Seminar on ‘Environmental and Maritime Security for a Blue South China Sea’ held in Hai Phong City, Viet Nam, on 10-12 October 2016. She presented a paper titled ‘A path towards Marine Protected Areas in the South China Sea following the Arbitral Award’, in the first session on Environmental Security in the South China Sea (Bien Dong Sea) after the Hague Award. To download her presentation in PDF format, click here.

CIL Senior Research Fellow Ms Youna Lyons attended the 38th Conference of the Parties to the London Convention and Protocol on the Prevention of Pollution by Dumping of Wastes and other Matters as a member of the Advisory Committee for the Protection of the Sea (ACOPS) delegation. The meeting was held at the International Maritime Organization Headquarters in London from 19-23 September 2016.

On 29 August 2016, Professor Robert Beckman, Head of CIL’s Ocean Law and Policy Programme delivered the Keynote Address at an international conference on ocean governance and security at the Mandarin Orchard Hotel, Singapore. The title of the conference was ‘Resolving the Complex Challenges of Ocean Governance and Security for Secure and Sustainable Oceans in the Southeast Asian Region’. The organisers were the Mitsubishi Research Institute and the University of Tokyo Graduate School of Public Policy, with support from IHS Jane’s and the Ministry of Foreign Affairs of Japan. A copy of Professor Beckman’s Keynote Address is available here.

CIL Research Fellow, Ms. Denise Cheong; ESI Research Fellow, Dr Monique Taylor; and CIL Research Associate, Ms. S Nivedita who are part of the ESI-CIL Nuclear Governance Project’s multidisciplinary team attended this year’s International School of Nuclear Law (ISNL). ISNL, in continuing its unique contribution to the field of nuclear law, held its 2016 summer session from 22 August to 2 September 2016 in Montpellier, France. ISNL was established in 2001 by the OECD Nuclear Energy Agency (NEA) in partnership with the University of Montpellier to provide participants with a comprehensive overview of the various inter-related legal issues relating to the safe, efficient and secure use of nuclear energy. ISNL’s faculty comprises renowned specialists in nuclear law from international organisations, governments, and industry and ISNL participants have the option of applying for a University Diploma (Diplôme d’université – D.U.) in International Nuclear Law from the University of Montpellier. [View photo]

Professor Robert Beckman, Head of CIL’s Ocean Law and Policy Programme and Ms Youna Lyons, Senior Research Fellow participated in the Asian International Symposium 2016: The Contemporary Maritime Security Issues in Asian Region in Jakarta, Indonesia on 21-22 August 2016. The Conference was organised by the Center for Southeast Asian Studies (CSEAS) Indonesia. Professor Beckman chaired a panel session on The Role of UNCLOS and its Dispute Settlement Regime, and Ms Lyons made a presentation in the panel session on Marine Environmental Protection for Sustainability. For a copy of her PowerPoint Presentation, click here.

CIL Senior Research Fellow Dr. Hao Duy Phan was invited to speak at the International Workshop on “Legal Status of Islands and Rocks in International Law and Practice in the South China Sea” on 17-18 August 2016 in Nha Trang, Vietnam. The Workshop was co-organized by Nha Trang University and Pham Van Dong University. Hao Duy Phan delivered a presentation on “The Philippines v. China Arbitration: The Bindingness of the Award and Its Significance”. To download Hao Duy Phan’s PowerPoint Presentation, click here.

On 3-4 August 2016, Prof Robert Beckman, CIL Head of Ocean Law and Policy Programme, participated in an international conference on the South China Sea that was organised by the Foreign Service Institute of the Philippines and held at the Manila Hotel, in Manila. Prof Beckman made a presentation in Plenary Session Four, which was entitled ‘International Norms and Rules: The Code of Conduct and other Remedies in the South China Sea’. To see his presentation, please click here. To view his paper, click here.