The 5th Biennial Conference of the Asian Society of International Law 2015
Plaza Athénée Bangkok, A Royal Méridien Hotel
26 & 27 November 2015, Thursday & Friday

* Programme is subject to further changes. Last updated on 12 November 2015.

Click on the paper titles to view the paper abstracts and speakers' biographies.

Day 1 : Thursday, 26 November 2015

8:00am to 9:00am

Venue: Grand Hall, Level 2, Plaza Athénée Bangkok

9:00am to 10:00am

Conference Opening
Guest of Honour : Her Royal Highness Princess Bajrakitiyabha Mahidol of Thailand
Venue : Grand Hall, Level 2

10:00am to 10:30am

Coffee Break
Venue: Grand Hall Foyer and in front of parallel session rooms

10:30am to 12:00nn

First Plenary Session
Venue : Grand Hall, Level 2

H.E. Judge OWADA Hisashi
Judge and former President of the International Court of Justice and founding President of the Asian Society of International Law

H.E. Mr Shaukat AZIZ
Former Prime Minister of Pakistan

H.E. Judge XUE Hanqin
Judge of the International Court of Justice and former President of the Asian Society of International Law

H.E. Dr. AKP Mochtan
Deputy Secretary-General of ASEAN

Mr Jose Isidro N. (Lito) CAMACHO
Managing Director and Vice Chairman of Credit Suisse Asia Pacific and former Philippines Secretary of Finance

H.E. Professor Dr. Surakiart SATHIRATHAI
President of the Asian Society of International Law and former Deputy Prime Minister of Thailand

12:00nn to 1:00pm

Venue: Crystal Hall, Level 3

Parallel Panels Session 1


Changing Approaches to International Law (I)
1:00pm to 2:15pm
Venue : Grand Hall II

Chairperson: Prof LEE Keun Gwan, Seoul National University

Asia’s Ambivalence about International Law & Institutions: Past, Present, and Futures
Prof Simon CHESTERMAN, National University of Singapore

Internationalization of International Law: From Hegemony to Harmony of Values
Dr Atip LATIPULHAYAT, Padjadjaran University

Transgender: The Changing Paradigms in view of the Feminist Approach to International Law among TWAIL Nations
Asst Prof Ann Thania ALEX and Mr Sanidhya S ARORA, Christ University


Conflict of Laws Issues Relating To Family, Marriage and Children (I)
1:00pm to 2:15pm
Venue : London I

Chairperson: Ambassador Krairawee SIRIKUL, Royal Thai Embassy, Tripoli, Libya

The Impact of the Best Interests of the Child on the Recognition of Civil Status Lawfully Acquired Abroad Following International Surrogacy Arrangements (ISAs)
Dr Ornella FERACI, University of Florence

Conflict of Laws Complexities Arising from the International Surrogacy Agreement: A Study on South Asian Countries
Mr M. Z. ASHRAFUL, Metropolitan University

Conflicts of Laws Arising Due to Inter-country Adoptions - An Analysis
Prof Monica CHAWLA, Punjabi University

Divided Motherhood Across the Globe: Surrogacy and Legal and Cultural Encounters between Europe and Asia
Prof Andrea Susanne BÜCHLER, University of Zurich


International Criminal Law
1:00pm to 2:15pm
Venue : London II

Chairperson: Judge Raul C. PANGALANGAN, International Criminal Court

Pursuing Partial Justice: Sifting through the Process of Criminalisation of Responsibility in International Law
Dr Srinivas BURRA, South Asian University

The Path of Judicialization of International Criminal Law and Justice in Asian Perspective
Dr KIM Heejin, National University of Singapore

The Role of the International Criminal Court in Implementing the Responsibility to Protect
Dr RIM Ye Joon, Korea Institute for National Unification


Trade and Business Law (I)
1:00pm to 2:15pm
Venue : London III

Chairperson: Prof ARAKI Ichiro, Yokohama National University

Competition and IPRs in High-technology Industries - The Case of Standard Setting
Dr Valerio TORTI, National University of Singapore

Global Regime on Intellectual Property Rights and Asia: Issues for Reconciliation
Dr Venkatachala Gajanana HEGDE, South Asian University

Conservation of Eels in Asia through Trade-Related Measures
Mr ISHIKAWA Yoshimichi, University of Shizuoka

The US-India Solar Cells Dispute: Anticipating the Impact on the Future Use of Subsidies in the Renewable Energy Sector
Dr Umair GHORI, Bond University


Law of The Sea (I)
1:00pm to 2:15pm
Venue : China I

Chairperson: Assoc Prof Robert BECKMAN, National University of Singapore

Arrest and Detention of 'Boat People' for Conducting Illegal Fishing in Indonesia Waters Territory
Ms Davina OKTIVANA, Padjadjaran University

Dumping of Contaminated Water into the Sea: Towards a New Legal Framework for Environmental Protection
Ms TAKANO Akiko, Kyoto University

Maritime Security and the Need for a Maritime Offences Law in Malaysia: A Critical Appraisal
Prof Khin Maung SEIN, International Islamic University Malaysia


Legal Responses to Disaster and Pollution
1:00pm to 2:15pm
Venue : Japan

Chairperson: Assoc Prof Shawkat ALAM, Macquarie University

Disasters in ASEAN and Civil Society: The ASEAN Partnership Group
Dr Gabrielle Anne SIMM, University of Technology Sydney

ASEAN Agreement on Transboundary Haze Pollution - The Case Study of Thailand
Mr Naporn POPATTANACHAI, Thammasat University & University of Dundee

The Roles of Traditional Peoples in Controlling Deforestation and Forest Degradation in Indonesia in Order to Overcome the Impacts of Global Warming
Prof Ida NURLINDA, Universitas Padjadjaran

From Command-and-Control to Economic Instruments? Changing Regulatory Approaches for Climate Change under International Environmental Law and in the Asian Pacific Region
Prof SHIH Wen-chen, National Cheng-chi University

ETDA’s Session

1:30pm to 4:00pm
Venue : Grand Hall I

Report: Technology Trends and Impacts of Privacy
Mrs Surangkana Wayuparb, Electronic Transactions Development Agency (ETDA)

Keynote Address: Challenging on Privacy Issues in Thailand
H.E. Professor Dr. Surakiart Sathirathai, President of the Asian Society of International Law and former Deputy Prime Minister of Thailand

Panel Discussion: The Thinnest Line between Privacy and Cybersecurity, and Ideology of Eastern and Western World

- Assoc Prof Sudharma Yoonaidhama, University of the Thai Chamber of Commerce (moderator)
- Prof Avv Giusella Finocchairo, University of Bologna
- Dr Larurie Lau, ASIA PACIFIC Association of Technology and Society
- Ms Sarinee Achavanuntakul, Thai Netizen Network

Parallel Panels Session 2


Changing Approaches to International Law (II)
2:15pm to 3:30pm
Venue : Grand Hall II

Chairperson: Assoc Prof Shirley SCOTT, University of New South Wales

Why does Soft Law have any Power anyway? Why Soft Law has influence and how to harness its power to strengthen International Law
Asst Prof Bryan DRUZIN, The Chinese University of Hong Kong

From Isolation to Engagement – (Potential) PRC International Dispute Resolution Practice in Economic and Territorial Disputes against the backdrop of Mainland Chinese Academic Discourse
Mr Thomas S. EDER, University of Vienna


Conflict of Laws Issues Relating To Family, Marriage & Children (II)
2:15pm to 3:30pm
Venue : London I

Chairperson: Ambassador Voradet VIRAVAKIN, Royal Thai Embassy, Pretoria, South Africa

Recognition Approach in Private International Law Revisited: Toward International Continuity of Legal Status under Globalization
Ms KATO Shiho, Nagoya University

Competing Family Law Norms: To What Extent Can, and Should, the Domestic Law’s Conceptualisation of the ‘Ideal Family’ Oust the Claims of the ‘Other Family’ to Legal Recognition?
Assoc Prof Anne SCULLY-HILL, The Chinese University of Hong Kong

The Neglected Legal Status of Children of International Marriage Migration in Southeast & East Asia:  Pawns of the State?
Prof Susan KNEEBONE, Melbourne Law School


The Continuing Challenge in Refugee Movements
2:15pm to 3:30pm
Venue : London II

Chairperson: Ambassador Dr Thana DUANGRATANA, Saranrom Institute of Foreign Affairs

Asylum seekers in a Non-Immigrant State and The Absence of Regional Asylum Seekers Mechanism: A Case Study of Rohingya Asylum Seekers in Aceh – Indonesia and ASEAN Response
Mr Bilal DEWANSYAH, Universitas Padjadjaran

South Asian Refugees: Protection Gaps, Challenges and Prospects
Ms Menaka Indeevarie LECAMWASAM, University of Peradeniya

The Syrian Humanitarian Catastrophe and the Responsibility to Protect
Prof Mia SWART, University of Johannesburg

Non-Liberalization of Mode 4 Services: Exploring the Missing Link between Perilous Migrant Trafficking Trade by Sea and Global Trade in Services under GATS
Dr Mohamed KHORSEDUZZAMAN, Macquarie University


Trade and Business Law (II)
2:15pm to 3:30pm
Venue : London III

Chairperson: Mr Jayavadh BUNNAG, International Legal Counsellors Thailand

The WTO legality of Trade-Labour Sanctions under Generalized System of Preferences: Ongoing US-Bangladesh Case Study
Mr Abu SALEH, South Asian University

Different Roles of “Public Moral” in WTO regime--Reflections from the WTO EU Seal Products Case
Assoc Prof HSU Yao-Ming, National Cheng-Chi University

Health Protection in PRC and EU’s GMOs Regulation
Asst Prof Maria Eugenia BARTOLONI, University of Macerata; Asst Prof Angela COSSIRI, University of Macerata and Mr Nicola APORTI, HFG - Law Firm & IP Practice – Shanghai, China


Law of The Sea (II)
2:15pm to 3:30pm
Venue : China I

Chairperson: Assoc Prof Luther RANGREJI, South Asian University

Maritime Security Threat in the Indian Ocean: Scope for a Regional Agreement by India with South Asia and South East Asian Countries
Mr Utpal RAHA, Indian Institute of Technology Kharagpur

Sustainable Maritime Security Measures in South-East Asia
Dr SUN Zhen, Centre for International Law, National University of Singapore


International Environmental Law
2:15pm to 3:30pm
Venue : Japan

Chairperson: Prof SHIH Wen-chen, National Cheng-chi University

Mineral Export Restraints, Green Industrial Policies and the WTO Subsidy Agreement: Implications of a New Trade and Climate Change Narrative
Dr Ilaria ESPA, World Trade Institute (WTI), University of Bern

Trade and the Environment: Perspectives from the Global South
Assoc Prof Shawkat ALAM, Macquarie University

Agricultural investment, the South and the North
Prof Jona RAZZAQUE, University of the West of England

3:30pm to 3:45pm

Coffee Break
Venue : Grand Hall Foyer and in front of parallel session rooms

Parallel Panels Session 3


International Adjudication
3:45pm to 5:00pm
Venue : Grand Hall II

Chairperson: Prof SATO Yasunobu, University of Tokyo

Comparative International Law and Domestic Courts: Human Rights Adjudication by the Supreme Court of India
Assoc Prof Neha JAIN, University of Minnesota Law School

Mainstreaming of WTO jurisprudence? : An Analysis of Judge Owada's Dissenting Opinion in the Whaling Case
Prof ARAKI Ichiro, Yokohama National University

The International Drivers of Legal Reform: a Critical Assessment of the Experiences in Southeast Asia and Latin America
Asst Prof TANG Yi Shin, Copenhagen University

Internal Self-Determination as a Credible Alternative to Independent Statehood: A Normative Proposal
Mr Kumaravadivel GURUPARAN, University College London (UCL) & University of Jaffna, Sri Lanka


Challenges to Human Rights Theory In Asia (I)
3:45pm to 5:00pm
Venue : London I

Chairperson: Prof Antony ANGHIE, University of Utah

Matters of International Concern
Asst Prof SONG Jiewuh, Seoul National University

Partially Right, Partially Wrong: Rethinking the implementation of International Human Rights Law in Countries with Gross Human Rights Violations
Asst Prof BAEK Buhm-Suk, Kyung Hee University

Regime Complex and the Doctrine of "Ethnic Cleansing”: The Network of UN and International Courts at Work
Mr LIU Yang, International Court of Justice & University of California, Los Angeles


International Cooperation against Organized Crime
3:45pm to 5:00pm
Venue : London II

Chairperson: Mr. Wanchai RUJANAWONG, the Office of the Attorney-General, Thailand

A Comparative Analysis of The Anti-Corruption Endeavours in the South Asian Association for Regional Cooperation (SAARC) Countries
Assoc Prof Jeet Singh MANN, National Law University Delhi

Holding States Responsible for the Wrongful Acts Committed by Non-state Actors in or through Cyberspace
Judge Muhammed Emrah TANYILDIZI, Republic of Turkey High Council of Judges and Prosecutors

Implementing the Core Principles on Law Enforcement Co-operation against Transnational Organised Crime in Asia-Pacific
Prof OBOKATA Tomoya, Keele University


Investment Law
3:45pm to 5:00pm
Venue : London III

Chairperson: Prof Surya SUBEDI, University of Leeds

The Transatlantic Trade and Investment Partnership (TTIP) between the EU and the USA – Also a Model for International Investment Protection for the Asian Region?
Mr Muhammed ELEMENLER, ESCHER Rechtsanwälte

The Protection of Investors’ Legitimate Expectation: Finding the Right Balance for the Investors’ and Host States’ Interests
Dr Chotika WITTAYAWARAKUL, Chulalongkorn University

ASEAN and “ASEAN-Plus” Dispute Settlement Mechanisms – A Comparative Perspective
Assoc Prof Thi Thuy Duong TRAN, Ho Chi Minh City University of Law


Law of The Sea (III)
3:45pm to 5:00pm
Venue : China I

Chairperson: Prof PAIK Jin Hyun, Seoul National University

The Freedom of Navigation Program: Assessing 35 Years of Effort
Mr Joshua ROOT, US Navy

UNCLOS and Delimitation of the Arctic Shelf
Prof Viatcheslav GAVRILOV, Far Eastern Federal University

The Making of the 1973-82 Law of the Sea Conference
Asst Prof Kirsten Eve SELLARS, The Chinese University of Hong Kong


ASEAN Integration (I)
3:45pm to 5:00pm
Venue : Japan

Chairperson: Ms Ruenvadee SUWANMONGKOL, Ministry of Justice of Thailand

ASEAN as a Security Institution: Its Competence and Legal Authority
Dr NASU Hitoshi, The Australian National University

An Independent Regional Collective Security System: Problems, Prospects, and a Proposed Paradigm for Southeast Asia
Ms Janice LEE, University of the Philippines

Legal Aspects on the Infra-Partes and Networks in the ASEAN Community: Integration from the Middle
Mr Akawat LAOWONSIRI, Hamburg University & Thammasat University

Mixed Agreements as a Technique for Organizing the External Relations of the ASEAN and its Member Countries: Lesson from the EU
Assoc Prof WU Chien-Huei, Academia Sinica

6:00pm to 8:00pm

Reception Sponsored by Thailand Ministry of Foreign Affairs
Venue: Crystal Hall, Level 3, Plaza Athénée Bangkok

>> Go to Day 2 Programme