David Ong - Academia.edu (original) (raw)

Papers by David Ong

Research paper thumbnail of Prospects for transitional environmental justice in the socio-economic reconstruction of Kosovo

Environmental justice is arguably a neglected aspect in the pursuit of transitional justice withi... more Environmental justice is arguably a neglected aspect in the pursuit of transitional justice within post-conflict societies. The international and European institutional and legal frameworks that are currently applicable within Kosovo present a suitable backdrop against which to examine the different legal pathways towards providing for environmental justice within this transitional society. The implications of achieving environmental justice within the overall context of transitional justice in a fledgling state such as Kosovo will then be explored. In particular, the potential for transitional environmental justice to reconcile (if not resolve) deeper, more intrinsic ethnic and social divisions within Kosovo, as well as a means to reduce the negative environmental impacts of an overtly economic development agenda, is considered. A number of examples highlighting the potential of the international, European and domestic legal frameworks for achieving environmental justice within Kos...

Research paper thumbnail of Report of the inaugural workshop to launch the Centre for Marine Ecological Resilience and Geological Resources (MERGeR) Wednesday 3rd May 2017

The workshop was constructed in two parts. In each part, papers were delivered by two presenters ... more The workshop was constructed in two parts. In each part, papers were delivered by two presenters followed by a roundtable discussion. This report provides a summary of the key points of discussion, drawing on both the papers presented and the roundtable discussions.

Research paper thumbnail of The Law of the Sea

Research paper thumbnail of Contemporary Maritime Piracy in Southeast Asia: History, Causes and Remedies - By Adam J. Young

Asian Politics & Policy, 2009

Despite its often glamorized and sentimental portrayals in popular media, exemplified in the rece... more Despite its often glamorized and sentimental portrayals in popular media, exemplified in the recent Pirates of the Caribbean movie franchise, maritime piracy has always been an extremely violent and callous form of criminal activity. In extreme cases, pirates are known to kill everyone on board, as well as scuttling the vessels they pillage, thus ensuring that an already jurisdictionally problematic offence also becomes a juridically difficult one to collect evidence against. For these reasons, piracy has historically been readily accepted by international lawyers as an example par excellence of an offence or crime against the international ordre public, with pirates themselves being regarded as hostes humani generis, literally meaning the 'enemies of all mankind'. In the post-9/11 era, piracy has also become entangled in wider maritime security issues in the so-called 'war on terror'. The pair of complementary titles reviewed here examines the Southeast Asian aspect of the piracy phenomenon from multiple disciplinary perspectives, befitting the nature of their publishing houses, the Institute of South East Asian Studies (ISEAS) based at the National University of Singapore, and the International Institute for Asian Studies (IIAS) at the University of Leiden, in The Netherlands. The legal perspectives on this issue are therefore tangentially, rather than directly, involved in the discussion. Nevertheless, these monographs combine well to give us an excellent picture of contemporary Southeast Asian maritime piracy issues. Both treatments of this subject agree that the definitions and meanings used to describe 'piracy', whether legal or otherwise, seldom do justice to the nature and complexity of this activity, as well as its participants. This is especially true of Southeast Asian piracy. Young notes that '(p)iracy includes everything from petty theft to the hijacking of entire vessels, and pirates can be anyone from opportunistic fishermen, to members of syndicates and even rogue military units.' (p.13) In terms of their respective approaches to the common theme of Southeast Asian piracy, Young emphasizes the need to tackle pirate and terrorist acts separately, from the conceptual, policy, legal and

Research paper thumbnail of Shared Responsibility or Institutional Accountability? Continuing Conceptual and Enforcement Issues for Grievance Mechanisms of Public and Private International Finance Institutions

Frontiers in International Environmental Law: Oceans and Climate Challenges, 2021

Research paper thumbnail of Protecting the Marine Environment from Land-Based Sources of Pollution. Towards Effective International Cooperation (Daud Hassan)

Environmental Law Review, 2008

The most significant source of marine pollution is from land-based sources, with estimates indica... more The most significant source of marine pollution is from land-based sources, with estimates indicating that it comprises around 80 per cent of all marine pollution. It is an issue of utmost concern. Dr Hassan provides an insight into the technical and legal issues surrounding landbased sources of pollution, and argues for a new international convention that will enhance cooperation, contribute to enhanced capacities and generate new solutions to this all too persistent problem. The bulk of the book looks at the strengths and weaknesses of the current international legal regime, and as such it is primarily directed at students of law.

Research paper thumbnail of The challenge of global climate change for international law: An overview

Sustainable Development: Asia-Pacific Perspectives, 2022

Research paper thumbnail of Implications of the Chagos Marine Protected Area Arbitral Tribunal Award for the Balance Between Natural Environmental Protection and Traditional Maritime Freedoms

Fifty Years of the British Indian Ocean Territory, 2018

This paper will examine the implications of the Chagos Marine Protected Area (MPA) Arbitral Tribu... more This paper will examine the implications of the Chagos Marine Protected Area (MPA) Arbitral Tribunal Award in terms of its contribution to international environmental law in general, before considering its specific implications for the future designation of marine protected areas (MPAs). The outline of this paper is as follows: First, the Chagos MPA Award will be assessed in terms of its implications for the designation of the dispute between Mauritius and the UK as ‘environmental’ for the purpose of triggering the compulsory and binding dispute settlement provisions of the 1982 UNCLOS; and second, the Tribunal’s interpretation and application of relevant UNCLOS provisions prescribing consultations between interested States over any MPA designation will be considered specifically in light of other proposed MPA designations, for example, around the Pitcairn islands in the South Pacific.

Research paper thumbnail of From stakeholders to actors?

Research paper thumbnail of Specifying procedural obligations for joint development and alternative joint development models for the South China Sea

Research paper thumbnail of The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Co-operative Arrangements in the East China Sea Region

Asian Yearbook of International Law, Volume 22 (2016), 2018

dila was established in 1989, at a time when its prime movers believed that economic and politica... more dila was established in 1989, at a time when its prime movers believed that economic and political developments in Asia had reached the stage at which they would welcome and benefit substantially from a mechanism to promote and facilitate exchanges among Asian international law scholars that had failed to develop during the colonial era. The Foundation was established to promote: (a) the study of and analysis of topics and issues in the field of international law, in particular from an Asian perspective; (b) the study of, and the dissemination of knowledge of international law in Asia; and (c) contacts and cooperation between persons and institutions actively dealing with questions of international law relating to Asia. The Foundation is concerned with reporting and analyzing developments in the field of international law relating to the region, and not primarily with efforts to distinguish particular attitudes, policies or practices as predominately or essentially "Asian". If they are shown to exist, it would be an interesting by-product of the Foundation's essential function, which is to bring about an exchange of views in the expectation that the process would reveal areas of common interest and concern among the states of Asia, and even more importantly, demonstrate that those areas of interest and concern are, in fact, shared by the international community as a whole. xv Editorial Note in overlapping claim areas, either through Joint Development Arrangements (JDA) or other forms of provisional arrangements pending resolution of the maritime boundaries. They go on to examine the legal framework for and discuss various models for JDAs noting that creation of JDAs are difficult given the political nature of the underlying issues. David M. Ong, Professor of International and Environmental Law at Nottingham Law School, follows with "The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Cooperative Arrangements in the East China Sea Region". Professor Ong analyzes the international rights and obligations of the states in the East China Sea region, namely China, Japan, and South Korea, specifically under the UNCLOS as well as general international law. Within that context, he specifically looks at the procedural obligations of notification, information, consultation and environmental impact assessment and observes the practice of China, Japan, and South Korea with respect to cooperation and joint development in the region. Jianwei Li and Pingping Chen of the National Institute for South China Sea Studies conclude Part II with "Joint Development in the South China Sea: Is the Time Ripe?" They also examine JDAs and their potential application in the South China Sea area. After explaining the significance of JDAs from the perspective of international law, they look specifically at its application in the South China Sea and how each of the relevant states in the region approach JDAs and JDAs that have been established for resources straddling boundaries, for resources in overlapping sea areas, and attempts to establish JDAs. They note that all claimant states involved in the South China Sea disputes have experienced JDAs and assert that China must play a major role in the search for conflict management measures, including JDA, before there is a final resolution to the disputes in the South China Sea. Part III focuses on "Promotion of Marine Scientific Research for Peace". Keyuan Zou begins this section with "Peaceful Use of the Sea and Military Intelligence Gathering in the EEZ". Professor Zou notes that the tolerance of military activities under international law does not mean that such activities can be conducted in the Exclusive Economic Zone (EEZ) of a state without any regulation. He acknowledges that while military activities conducted in the high seas are open to all, he observes that the EEZ is different from the high seas in that it is an area under national jurisdiction. With respect to military intelligence gathering and military hydrographic survey in the EEZ of another state, he points out that this continues to be a controversial issue in international law and is hotly contested between China and the United States. Given the significant controversy of these issues, he suggests that a future review conference of

Research paper thumbnail of Transboundary Fisheries Management

The Korean Journal of International and Comparative Law, 2020

Malaysia’s unique geographical position, straddling across several seas within the Indian and Pac... more Malaysia’s unique geographical position, straddling across several seas within the Indian and Pacific Oceans, allows her to play an important role within the set of regional, sub-regional and bilateral arrangements for transboundary fisheries management in the Indo-Pacific theatre. This article first charts and then examines Malaysia’s participation within these fisheries management initiatives, beginning from the overarching international legal frameworks of unclos and the Fish Stocks Agreement, through the formal and informal regional and sub-regional fisheries management organizations, and finally, to bilateral arrangements for fisheries co-operation. Along the way, Malaysia’s policy, legal and institutional capacity, as well as her readiness to perform the role(s) required of her, in relation to regional, sub-regional, and bilateral fisheries management issues, are critically assessed.

Research paper thumbnail of Transboundary Fisheries Management

The Korean Journal of International and Comparative Law, 2020

Malaysia’s unique geographical position, straddling across several seas within the Indian and Pac... more Malaysia’s unique geographical position, straddling across several seas within the Indian and Pacific Oceans, allows her to play an important role within the set of regional, sub-regional and bilateral arrangements for transboundary fisheries management in the Indo-Pacific theatre. This article first charts and then examines Malaysia’s participation within these fisheries management initiatives, beginning from the overarching international legal frameworks of unclos and the Fish Stocks Agreement, through the formal and informal regional and sub-regional fisheries management organizations, and finally, to bilateral arrangements for fisheries co-operation. Along the way, Malaysia’s policy, legal and institutional capacity, as well as her readiness to perform the role(s) required of her, in relation to regional, sub-regional, and bilateral fisheries management issues, are critically assessed.

Research paper thumbnail of Public Accountability for Private International Financing of Natural Resource Development Projects: The un Rule of Law Initiative and the Equator Principles

Nordic Journal of International Law, 2016

A striking feature of public international financing for natural resource development projects in... more A striking feature of public international financing for natural resource development projects in developing economies is the introduction of public accountability mechanisms to ensure that these projects comply with social and environmental principles and standards. As the public international financing of such projects gives way to private international finance, this article will examine whether similar accountability mechanisms have been developed for this type of private international financing for such projects. Within this context, the third iteration of the Equator Principles has recently been adopted by a growing number of private international finance institutions in the ‘project finance’ field. By comparing these public and private accountability mechanisms, with reference to the un’s ‘rule of law’ initiative, this article will assess whether there has been adequate replication of public accountability standards in the movement from public to private international financin...

Research paper thumbnail of Regulating environmental responsibility for the multinational oil industry: continuing challenges for international law

International Journal of Law in Context, 2015

States utilise international law to create opportunities within global markets for private transn... more States utilise international law to create opportunities within global markets for private transnational economic actors, such as multinational oil companies, to invest and/or operate within foreign jurisdictions. However, there is a lack of directly enforceable international mechanisms against these private actors when they cause environmental damage abroad. International law responses to this problem range from the establishment of international compulsory compensation schemes, the proposed expansion of the doctrine of state responsibility to include liability for private actors, and more recently through litigation in the home states of multinational oil companies. However, both international jurisprudence and US, Dutch and British domestic case-law reveal an ambivalence towards holding such private transnational economic actors legally accountable in their home state jurisdictions for violations committed abroad. Certain states (the US and France) that have suffered environmenta...

Research paper thumbnail of The Asian Infrastructure Investment Bank: Bringing ‘Asian Values’ to Global Economic Governance?

Journal of International Economic Law, 2017

This paper examines the recent establishment of the Asian Infrastructure Investment Bank (AIIB) t... more This paper examines the recent establishment of the Asian Infrastructure Investment Bank (AIIB) through the prism of the 'Asian values' debate. It maps the key attributes of these 'Asian values' first, to the established institutional governance structures of the AIIB, and second, to its proposed decision-making procedures; specifically, in relation to the criteria and process for evaluating, assessing, and monitoring the economic, social and environmental sustainability of infrastructure projects that this new Multilateral Development Bank (MDB) will be supporting. The object of this exercise is to postulate whether an 'Asian values' approach to international development finance can be proposed as a viable alternative to currently Western-dominated institutions of global economic governance and ultimately, the Anglo-American form of capitalism that still underpins the global economy. The twin roles of China within the AIIB, first as the financial catalyst for AIIB investment in regional infrastructure projects, and second, as a potential regional hegemon through its dominance of the AIIB governance structure, will be canvassed. The essay concludes by proposing an 'Asian values' approach to global economic governance as the foundation of a new research agenda which can be used to assess the future operations of this Bank and other new MDBs. 1 For an overview of the impact of this regional financial crisis on the 'Asian values' debate, see

Research paper thumbnail of A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes

International Journal on Minority and Group Rights, 2015

Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have tradit... more Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for c...

Research paper thumbnail of Implications of recent Southeast Asian State practice for the international law on offshore joint development

Beyond Territorial Disputes in the South China Sea

Research paper thumbnail of Locating the ‘Environment’ Within Corporate Social Responsibility: Continuing Problems of Legal Definition and Representation

Perspectives on Corporate Social Responsibility

Research paper thumbnail of ‘International Environmental Law’s ‘Customary’ Dilemma: Betwixt General Principles and Treaty Rules’

The Irish Yearbook of International : Volume 1, 2006

Research paper thumbnail of Prospects for transitional environmental justice in the socio-economic reconstruction of Kosovo

Environmental justice is arguably a neglected aspect in the pursuit of transitional justice withi... more Environmental justice is arguably a neglected aspect in the pursuit of transitional justice within post-conflict societies. The international and European institutional and legal frameworks that are currently applicable within Kosovo present a suitable backdrop against which to examine the different legal pathways towards providing for environmental justice within this transitional society. The implications of achieving environmental justice within the overall context of transitional justice in a fledgling state such as Kosovo will then be explored. In particular, the potential for transitional environmental justice to reconcile (if not resolve) deeper, more intrinsic ethnic and social divisions within Kosovo, as well as a means to reduce the negative environmental impacts of an overtly economic development agenda, is considered. A number of examples highlighting the potential of the international, European and domestic legal frameworks for achieving environmental justice within Kos...

Research paper thumbnail of Report of the inaugural workshop to launch the Centre for Marine Ecological Resilience and Geological Resources (MERGeR) Wednesday 3rd May 2017

The workshop was constructed in two parts. In each part, papers were delivered by two presenters ... more The workshop was constructed in two parts. In each part, papers were delivered by two presenters followed by a roundtable discussion. This report provides a summary of the key points of discussion, drawing on both the papers presented and the roundtable discussions.

Research paper thumbnail of The Law of the Sea

Research paper thumbnail of Contemporary Maritime Piracy in Southeast Asia: History, Causes and Remedies - By Adam J. Young

Asian Politics & Policy, 2009

Despite its often glamorized and sentimental portrayals in popular media, exemplified in the rece... more Despite its often glamorized and sentimental portrayals in popular media, exemplified in the recent Pirates of the Caribbean movie franchise, maritime piracy has always been an extremely violent and callous form of criminal activity. In extreme cases, pirates are known to kill everyone on board, as well as scuttling the vessels they pillage, thus ensuring that an already jurisdictionally problematic offence also becomes a juridically difficult one to collect evidence against. For these reasons, piracy has historically been readily accepted by international lawyers as an example par excellence of an offence or crime against the international ordre public, with pirates themselves being regarded as hostes humani generis, literally meaning the 'enemies of all mankind'. In the post-9/11 era, piracy has also become entangled in wider maritime security issues in the so-called 'war on terror'. The pair of complementary titles reviewed here examines the Southeast Asian aspect of the piracy phenomenon from multiple disciplinary perspectives, befitting the nature of their publishing houses, the Institute of South East Asian Studies (ISEAS) based at the National University of Singapore, and the International Institute for Asian Studies (IIAS) at the University of Leiden, in The Netherlands. The legal perspectives on this issue are therefore tangentially, rather than directly, involved in the discussion. Nevertheless, these monographs combine well to give us an excellent picture of contemporary Southeast Asian maritime piracy issues. Both treatments of this subject agree that the definitions and meanings used to describe 'piracy', whether legal or otherwise, seldom do justice to the nature and complexity of this activity, as well as its participants. This is especially true of Southeast Asian piracy. Young notes that '(p)iracy includes everything from petty theft to the hijacking of entire vessels, and pirates can be anyone from opportunistic fishermen, to members of syndicates and even rogue military units.' (p.13) In terms of their respective approaches to the common theme of Southeast Asian piracy, Young emphasizes the need to tackle pirate and terrorist acts separately, from the conceptual, policy, legal and

Research paper thumbnail of Shared Responsibility or Institutional Accountability? Continuing Conceptual and Enforcement Issues for Grievance Mechanisms of Public and Private International Finance Institutions

Frontiers in International Environmental Law: Oceans and Climate Challenges, 2021

Research paper thumbnail of Protecting the Marine Environment from Land-Based Sources of Pollution. Towards Effective International Cooperation (Daud Hassan)

Environmental Law Review, 2008

The most significant source of marine pollution is from land-based sources, with estimates indica... more The most significant source of marine pollution is from land-based sources, with estimates indicating that it comprises around 80 per cent of all marine pollution. It is an issue of utmost concern. Dr Hassan provides an insight into the technical and legal issues surrounding landbased sources of pollution, and argues for a new international convention that will enhance cooperation, contribute to enhanced capacities and generate new solutions to this all too persistent problem. The bulk of the book looks at the strengths and weaknesses of the current international legal regime, and as such it is primarily directed at students of law.

Research paper thumbnail of The challenge of global climate change for international law: An overview

Sustainable Development: Asia-Pacific Perspectives, 2022

Research paper thumbnail of Implications of the Chagos Marine Protected Area Arbitral Tribunal Award for the Balance Between Natural Environmental Protection and Traditional Maritime Freedoms

Fifty Years of the British Indian Ocean Territory, 2018

This paper will examine the implications of the Chagos Marine Protected Area (MPA) Arbitral Tribu... more This paper will examine the implications of the Chagos Marine Protected Area (MPA) Arbitral Tribunal Award in terms of its contribution to international environmental law in general, before considering its specific implications for the future designation of marine protected areas (MPAs). The outline of this paper is as follows: First, the Chagos MPA Award will be assessed in terms of its implications for the designation of the dispute between Mauritius and the UK as ‘environmental’ for the purpose of triggering the compulsory and binding dispute settlement provisions of the 1982 UNCLOS; and second, the Tribunal’s interpretation and application of relevant UNCLOS provisions prescribing consultations between interested States over any MPA designation will be considered specifically in light of other proposed MPA designations, for example, around the Pitcairn islands in the South Pacific.

Research paper thumbnail of From stakeholders to actors?

Research paper thumbnail of Specifying procedural obligations for joint development and alternative joint development models for the South China Sea

Research paper thumbnail of The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Co-operative Arrangements in the East China Sea Region

Asian Yearbook of International Law, Volume 22 (2016), 2018

dila was established in 1989, at a time when its prime movers believed that economic and politica... more dila was established in 1989, at a time when its prime movers believed that economic and political developments in Asia had reached the stage at which they would welcome and benefit substantially from a mechanism to promote and facilitate exchanges among Asian international law scholars that had failed to develop during the colonial era. The Foundation was established to promote: (a) the study of and analysis of topics and issues in the field of international law, in particular from an Asian perspective; (b) the study of, and the dissemination of knowledge of international law in Asia; and (c) contacts and cooperation between persons and institutions actively dealing with questions of international law relating to Asia. The Foundation is concerned with reporting and analyzing developments in the field of international law relating to the region, and not primarily with efforts to distinguish particular attitudes, policies or practices as predominately or essentially "Asian". If they are shown to exist, it would be an interesting by-product of the Foundation's essential function, which is to bring about an exchange of views in the expectation that the process would reveal areas of common interest and concern among the states of Asia, and even more importantly, demonstrate that those areas of interest and concern are, in fact, shared by the international community as a whole. xv Editorial Note in overlapping claim areas, either through Joint Development Arrangements (JDA) or other forms of provisional arrangements pending resolution of the maritime boundaries. They go on to examine the legal framework for and discuss various models for JDAs noting that creation of JDAs are difficult given the political nature of the underlying issues. David M. Ong, Professor of International and Environmental Law at Nottingham Law School, follows with "The International Legal Obligations of States in Disputed Maritime Jurisdiction Zones and Prospects for Cooperative Arrangements in the East China Sea Region". Professor Ong analyzes the international rights and obligations of the states in the East China Sea region, namely China, Japan, and South Korea, specifically under the UNCLOS as well as general international law. Within that context, he specifically looks at the procedural obligations of notification, information, consultation and environmental impact assessment and observes the practice of China, Japan, and South Korea with respect to cooperation and joint development in the region. Jianwei Li and Pingping Chen of the National Institute for South China Sea Studies conclude Part II with "Joint Development in the South China Sea: Is the Time Ripe?" They also examine JDAs and their potential application in the South China Sea area. After explaining the significance of JDAs from the perspective of international law, they look specifically at its application in the South China Sea and how each of the relevant states in the region approach JDAs and JDAs that have been established for resources straddling boundaries, for resources in overlapping sea areas, and attempts to establish JDAs. They note that all claimant states involved in the South China Sea disputes have experienced JDAs and assert that China must play a major role in the search for conflict management measures, including JDA, before there is a final resolution to the disputes in the South China Sea. Part III focuses on "Promotion of Marine Scientific Research for Peace". Keyuan Zou begins this section with "Peaceful Use of the Sea and Military Intelligence Gathering in the EEZ". Professor Zou notes that the tolerance of military activities under international law does not mean that such activities can be conducted in the Exclusive Economic Zone (EEZ) of a state without any regulation. He acknowledges that while military activities conducted in the high seas are open to all, he observes that the EEZ is different from the high seas in that it is an area under national jurisdiction. With respect to military intelligence gathering and military hydrographic survey in the EEZ of another state, he points out that this continues to be a controversial issue in international law and is hotly contested between China and the United States. Given the significant controversy of these issues, he suggests that a future review conference of

Research paper thumbnail of Transboundary Fisheries Management

The Korean Journal of International and Comparative Law, 2020

Malaysia’s unique geographical position, straddling across several seas within the Indian and Pac... more Malaysia’s unique geographical position, straddling across several seas within the Indian and Pacific Oceans, allows her to play an important role within the set of regional, sub-regional and bilateral arrangements for transboundary fisheries management in the Indo-Pacific theatre. This article first charts and then examines Malaysia’s participation within these fisheries management initiatives, beginning from the overarching international legal frameworks of unclos and the Fish Stocks Agreement, through the formal and informal regional and sub-regional fisheries management organizations, and finally, to bilateral arrangements for fisheries co-operation. Along the way, Malaysia’s policy, legal and institutional capacity, as well as her readiness to perform the role(s) required of her, in relation to regional, sub-regional, and bilateral fisheries management issues, are critically assessed.

Research paper thumbnail of Transboundary Fisheries Management

The Korean Journal of International and Comparative Law, 2020

Malaysia’s unique geographical position, straddling across several seas within the Indian and Pac... more Malaysia’s unique geographical position, straddling across several seas within the Indian and Pacific Oceans, allows her to play an important role within the set of regional, sub-regional and bilateral arrangements for transboundary fisheries management in the Indo-Pacific theatre. This article first charts and then examines Malaysia’s participation within these fisheries management initiatives, beginning from the overarching international legal frameworks of unclos and the Fish Stocks Agreement, through the formal and informal regional and sub-regional fisheries management organizations, and finally, to bilateral arrangements for fisheries co-operation. Along the way, Malaysia’s policy, legal and institutional capacity, as well as her readiness to perform the role(s) required of her, in relation to regional, sub-regional, and bilateral fisheries management issues, are critically assessed.

Research paper thumbnail of Public Accountability for Private International Financing of Natural Resource Development Projects: The un Rule of Law Initiative and the Equator Principles

Nordic Journal of International Law, 2016

A striking feature of public international financing for natural resource development projects in... more A striking feature of public international financing for natural resource development projects in developing economies is the introduction of public accountability mechanisms to ensure that these projects comply with social and environmental principles and standards. As the public international financing of such projects gives way to private international finance, this article will examine whether similar accountability mechanisms have been developed for this type of private international financing for such projects. Within this context, the third iteration of the Equator Principles has recently been adopted by a growing number of private international finance institutions in the ‘project finance’ field. By comparing these public and private accountability mechanisms, with reference to the un’s ‘rule of law’ initiative, this article will assess whether there has been adequate replication of public accountability standards in the movement from public to private international financin...

Research paper thumbnail of Regulating environmental responsibility for the multinational oil industry: continuing challenges for international law

International Journal of Law in Context, 2015

States utilise international law to create opportunities within global markets for private transn... more States utilise international law to create opportunities within global markets for private transnational economic actors, such as multinational oil companies, to invest and/or operate within foreign jurisdictions. However, there is a lack of directly enforceable international mechanisms against these private actors when they cause environmental damage abroad. International law responses to this problem range from the establishment of international compulsory compensation schemes, the proposed expansion of the doctrine of state responsibility to include liability for private actors, and more recently through litigation in the home states of multinational oil companies. However, both international jurisprudence and US, Dutch and British domestic case-law reveal an ambivalence towards holding such private transnational economic actors legally accountable in their home state jurisdictions for violations committed abroad. Certain states (the US and France) that have suffered environmenta...

Research paper thumbnail of The Asian Infrastructure Investment Bank: Bringing ‘Asian Values’ to Global Economic Governance?

Journal of International Economic Law, 2017

This paper examines the recent establishment of the Asian Infrastructure Investment Bank (AIIB) t... more This paper examines the recent establishment of the Asian Infrastructure Investment Bank (AIIB) through the prism of the 'Asian values' debate. It maps the key attributes of these 'Asian values' first, to the established institutional governance structures of the AIIB, and second, to its proposed decision-making procedures; specifically, in relation to the criteria and process for evaluating, assessing, and monitoring the economic, social and environmental sustainability of infrastructure projects that this new Multilateral Development Bank (MDB) will be supporting. The object of this exercise is to postulate whether an 'Asian values' approach to international development finance can be proposed as a viable alternative to currently Western-dominated institutions of global economic governance and ultimately, the Anglo-American form of capitalism that still underpins the global economy. The twin roles of China within the AIIB, first as the financial catalyst for AIIB investment in regional infrastructure projects, and second, as a potential regional hegemon through its dominance of the AIIB governance structure, will be canvassed. The essay concludes by proposing an 'Asian values' approach to global economic governance as the foundation of a new research agenda which can be used to assess the future operations of this Bank and other new MDBs. 1 For an overview of the impact of this regional financial crisis on the 'Asian values' debate, see

Research paper thumbnail of A Bridge Too Far? Assessing the Prospects for International Environmental Law to Resolve the South China Sea Disputes

International Journal on Minority and Group Rights, 2015

Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have tradit... more Doctrinal approaches to the South China Sea island and maritime jurisdiction disputes have traditionally invoked the international law on territorial sovereignty acquisition and the law of the sea for their resolution. However, neither of these two fields of international law and their established institutions has succeeded in settling these disputes. This paves the way for consideration of other, related but less historically and politically significant international legal developments establishing constraints against the activities undertaken on and around many of the South China Sea insular formations. In this paper, the potential for international environmental law to resolve the South China Sea disputes will be examined. Specifically, international environmental law governing ‘shared’ water bodies and their application in relevant international case law will be assessed. These obligations will be mapped onto the South China Sea disputes, with a view to providing the means for c...

Research paper thumbnail of Implications of recent Southeast Asian State practice for the international law on offshore joint development

Beyond Territorial Disputes in the South China Sea

Research paper thumbnail of Locating the ‘Environment’ Within Corporate Social Responsibility: Continuing Problems of Legal Definition and Representation

Perspectives on Corporate Social Responsibility

Research paper thumbnail of ‘International Environmental Law’s ‘Customary’ Dilemma: Betwixt General Principles and Treaty Rules’

The Irish Yearbook of International : Volume 1, 2006