AsianSIL Bangkok, 4-5 June 2015 Remarks of Simon Chesterman Secretary-General of the Asian Society of International Law

Transcription

1 AsianSIL Bangkok, 4-5 June 2015 Remarks of Simon Chesterman Secretary-General of the Asian Society of International Law Her Royal Highness Princess Bajrakitiyabha Mahidol, His Excellency Mr Direk Ingkaninanda, President of the Supreme Court, His Excellency Mr Paiboon Khumchaya, Minister of Justice, His Excellency Dr Hassan Lahdan Saqr Al Mohannadi, Minister of Justice of Qatar, Prof. Dr. Surakiart Sathirathai, His Excellency Mr Trakul Winitnaiyapak, Attorney General of Thailand and Chairman of the Board of the Thailand Institute of Justice (TIJ), Dr. Kittipong Kittayarak, Executive Director of TIJ, Distinguished guests, Ladies & gentlemen, It is my great honour to welcome you in my capacity as Secretary-General of the Asian Society of International Law. The Society is an international non-partisan, non-profit and non-governmental organization with three objectives: First, to promote research, education and practice of international law by serving as a centre of activities among international law scholars and practitioners in Asia and elsewhere, in a spirit of partnership with other relevant international, regional and national societies and organizations.

2 Secondly, to foster and encourage Asian perspectives of international law. And thirdly, to promote awareness of and respect for international law in Asia. Under the leadership of our President, Dr Surakiart Sathirathai, the Society now has hundreds of members across Asia and around the world, publishes the leading regional journal (the Asian Journal of International Law), and organizes events for scholars and practitioners like this. Later this year, in November, Bangkok will host the 5 th Biennial Conference of the Society. I hope I will see many of you here then. For this inter-sessional event, we are particularly honoured to have Her Royal Highness Princess Bajrakitiyabha as our keynote speaker. In these brief welcome remarks, allow me to say a little about the Asian Society of International Law, something about the importance of the rule of law, and a few words about our keynote speaker. 1 AsianSIL The Society was established in 2007 in Singapore, where I now serve as Dean of the Faculty of Law. In one sense it is remarkable that it took so long to establish such a Society. The American Society of International Law was founded more than a century ago, its European counterpart more than a decade ago; there is an African society and a Latin American, an Australia & New Zealand society and a great many national societies. And yet in another sense it is not surprising, as Asian states tend to be cautious about international law and organizations. In part this is for understandable historical reasons. Many Asian states experienced colonialism, or were forced into unequal treaties by colonial SC remarks - AsianSIL Bangkok rev (1) (5-Jun-15) 2

3 powers, or felt unfairly treated by international law. Today, this partly explains why Asia is the only continent without a meaningful region-wide organization nothing to compare to the European Union, the Organization of American States, or the African Union. Perhaps it is also because Asia is too diverse or too big. Or perhaps because the very concept of Asia is traceable to a Greek word rather than any geographical or political entity. In any case, Southeast Asia has been addressing this, with the creation and formalization of the Association of Southeast Asian Nations (ASEAN), which is scheduled to constitute the ASEAN Economic Community by the end of this year. I believe it is no coincidence that the impetus to write an ASEAN Charter and move ASEAN to being a rules-based organization coincided with the desire on the part of many scholars and practitioners from or working on Asia to create a network for the region. Thus was the Asian Society of International Law born. As our founding President, Judge Owada Hisashi of the International Court of Justice said in his inaugural address: There is today an acute need for the nations of Asia, as well as academics and practitioners working in or on Asia, to have their voices heard on these important issues, to contribute to the development of international law on a global basis, and to consolidate the rule of law in various fields of present-day international relations. 2 Rule of Law This brings me to my second set of remarks, on the rule of law. There is a rich academic literature on the rule of law, but a great deal of that is spent arguing over what it means. I confess that I have contributed to that literature, but when it comes to the more basic question of law and SC remarks - AsianSIL Bangkok rev (1) (5-Jun-15) 3

4 development there is little disagreement that the rule of law is tremendously important. Indeed, the simplest explanation of how important the rule of law is, is to compare it with oxygen: easily taken for granted, but quickly noticed when it is absent. I live in Singapore, a relentlessly pragmatic country where the rule of law is perhaps the central ideology of the country. As you may know, earlier this year Singapore s founding Prime Minister, Lee Kuan Yew, passed away. Mr Lee was an extraordinary man who made Singapore his life s work. I only met him a few times, but on 4 June 2013 exactly two years ago today I had the honour of speaking at the ceremony in which he received an honorary Doctorate of Laws from the National University of Singapore. What was there to say about Mr Lee that had not already been said? Books have been written and many more will be about him as a leader, as a politician, and as a strategic thinker. So I decided to speak about Lee Kuan Yew the lawyer, and the role that law played in his vision for Singapore. Singapore remains a work in progress, but the foundations of rule of law and good governance are an enduring legacy of Mr Lee s life and work. There is an ongoing discussion in Singapore at present about how best to honour Mr Lee whether to name the airport after him, build a museum, and so on. And yet I think the current Prime Minister, Lee Hsien Loong, put it best when he compared the elder Mr Lee to Sir Christopher Wren, who is buried in St Paul s Cathedral in London. Sir Christopher, who was the architect of St Paul s, is buried in the cathedral, which was his masterpiece. Marking the grave itself is a very simple, plain plaque, with a Latin inscription: si monumentum requiris, circumspice (If you seek his monument, look around you). SC remarks - AsianSIL Bangkok rev (1) (5-Jun-15) 4

5 Mr Lee Kuan Yew built Singapore and its foundation was the rule of law. So to those who seek Mr Lee Kuan Yew s monument, Singaporeans can reply: look around you. Like Singapore, Thailand also recognizes the importance of the rule of law to development. Though I have been asked to welcome you all, this conference is organized in partnership with Thailand s Ministry of Justice and the Thailand Institute of Justice (TIJ). Such support is part of Thailand s ongoing efforts to mainstream the rule of law, justice and security in the Post 2015 Development Agenda. The theme of the conference is The Rule of Law and Development Nexus: A New Deal for Asia? Our hope is that this event will provide opportunities to learn and to meet to learn from one another s experiences, and to meet with a view to future cooperation. The organizers have therefore put together not only a rich agenda, but a diverse range of participants including academics, practitioners, policy makers, judges, prosecutors, representatives of civil society and representatives of intergovernmental organizations. Later this morning we will have an opening plenary that includes the President of the Supreme Court of Thailand and Qatar s Minister for Justice, as well as President of the Asian Society of International Law Dr Surakiart. After lunch we look more closely at the post-2015 development agenda and the vital question of protecting women and children something that I know is dear to our keynote speaker s heart. Plenaries tomorrow look at organized crime and drug control, as well as justice reform, and a final panel on ASEAN integration. We have a rich menu indeed. SC remarks - AsianSIL Bangkok rev (1) (5-Jun-15) 5

6 3 Her Royal Highness But the first item on that menu may be the most interesting of all. Her Royal Highness Princess Bajrakitiyabha is modestly listed in the agenda as Chair of the Special Advisory Board to the Thailand Institute of Justice and Former Ambassador and Permanent Representative of Thailand to the United Nations Office at Vienna Her Royal Highness though as an academic I feel I should really address her as Dr Bajrakitiyabha holds degrees in law and political science from Thammasat University and Sukhothai Thammatirat University respectively. She went on to earn a Master s degree and a J.S.D. or doctorate from Cornell Law School. She has worked as a prosecutor in the Office of the Attorney-General as well as representing Thailand at the United Nations Commission on Crime Prevention and Criminal Justice, where she was elected chairperson. Her Royal Highness continues to have a deep interest in promoting women s rights, especially in the context of the criminal justice system. She was appointed a goodwill ambassador by the UN in 2008 and was a driving force behind the adoption of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders ( the Bangkok Rules ), adopted by the General Assembly in On behalf of the Asian Society of International Law, I am also delighted that she has agreed to serve as Honorary Advisory Chairperson for the 5th Biennial Conference. Without any further ado, it is my great honour to invite Her Royal Highness to address us as the keynote speaker of this conference. SC remarks - AsianSIL Bangkok rev (1) (5-Jun-15) 6