History and Theoretical Approach of Singapore in International Law
Notable Appointments
On 8 May 2020, Darren Tang of Singapore was appointed as the Director-General of the World Intellectual Property Organization (WIPO).
International Relations and Co-operation
Singapore-Indonesia
Singapore and Indonesia signed an Updated Double Taxation Treaty on 4 February 2020. Singapore, Chile and New Zealand signed a Digital Economy Partnership Agreement on 12 June 2020 and Singapore and Australia signed a Digital Economy Partnership Agreement on 6 August 2020.
Singapore’s Contribution to International Co-operation on COVID-19
Singapore has been active in international efforts to address the COVID-19 pandemic. Its initiatives include contributing to regional efforts like the COVID-19 ASEAN Response Fund in November 2020; issuing a statement on behalf of ASEAN at the 75th session of the UN General Assembly in October 2020; increasing its assessed contributions to the World Health Organization (WHO) and doubling its voluntary contributions to support WHO health emergencies programs and help strengthen its capacities in the Southeast Asia region; making a contribution to the WHO’s Strategic Preparedness and Response Plan for COVID-19 in March 2020; and contributing to the COVAX Advance Market Commitment mechanism to help low and lower-middle income countries to access 2 billion doses of COVID-19 vaccines by the end of 2021 (Gianna Amul and Tikki Pang, COVID-19 and Singapore’s Health Diplomacy,’ Civil Service College, 29 June 2021).
Settlement of Disputes
Treaties – The Singapore Mediation Convention
The United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, was adopted on 20 December 2018, ratified by Singapore on 25 February 2020, and entered into force on 12 September 2020. The Singapore Mediation Convention is the first UN treaty to be named after Singapore after a signing ceremony for the Convention was held in Singapore on 7 August 2019. Singapore worked with the United Nations Commission on International Trade Law and other member States to develop this instrument. The Convention offers a uniform and efficient framework for the enforcement and invocation of international settlement agreements resulting from mediation.
Legislation – Singapore Convention on Mediation Act 2020
The Singapore Parliament passed the Singapore Convention on Mediation Act 2020 on 4 February 2020 which was commenced on 12 September 2020, the same day the Singapore Convention on Mediation entered into force. The Act implements Singapore’s obligations under the Singapore Convention on Mediation. The Act permits international mediated settlement agreements to be recorded by the High Court as a court order for enforcement or invocation. The Supreme Court of Judicature (Singapore Convention on Mediation) Rules 2020, a piece of subsidiary legislation that sets out the procedural framework for applications and matters under the Singapore Convention on Mediation, also commenced on 12 September 2020.
Legislation – Amendments to the International Arbitration Act (Cap 143A)
On 5 October 2020, the Singapore Parliament passed a bill to amend the International Arbitration Act (Cap143A) and on 1 December 2020, the International Arbitration (Amendment) Act 2020 came into force. The amendments relate to (i) the powers to enforce confidentiality obligations; and (2) the introduction of a default mode of appointment of arbitrators in multiparty situations. The amendments reflect Singapore’s efforts to continue to cement Singapore as an international arbitral hub.
International Economic Law
Treaties – International Investment Agreement
The Agreement between the Government of the Republic of Singapore and the Government of the Republic of the Union of Myanmar on the Promotion and Protection of Investments signed on 24 September 2019, entered into force on 9 October 2020. The Agreement between the Government of the Republic of Singapore and the Government of Rwanda on the Promotion and Protection of Investments signed on 14 June 2018, entered into force on 16 October 2020.
World Trade Organization
Singapore is one of the 17 World Trade Organization (WTO) Members that has agreed in March 2020 to put into place a Multi-Party Interim Appeal Arbitration Agreement as an alternative system for resolving WTO disputes that are appealed by a Member in the absence of a functioning and staffed WTO appellate body.
Treaties – Free Trade Agreements
The Agreement between New Zealand and Singapore on a Closer Economic Partnership (ANZSCEP) which came into force on 1 January 2001, was updated on 1 January 2020 with an Upgrade Protocol addressing qualifications for duty-free treatment in certain sectors, streamlining of administrative procedures on release of goods, and improved market access.
Treaties – Regional Free Trade Agreements
Under the ASEAN-Japan Comprehensive Economic Partnership (AJCEP), the trade in services chapter and the investment agreement chapter entered into force on August 2020 (only for Japan, Singapore, Thailand, Lao PDR, Myanmar and Vietnam).
The ASEAN Trade in Services Agreement was signed on 7 October 2020 in Manilla, Philippines. The Agreement deepens the integration of the services sectors and creates a more liberal, stable and predictable environment for service suppliers in the region.
The Regional Comprehensive Economic Partnership (RCEP) Agreement was signed on 15 November 2020. It is a free trade agreement between 15 countries including Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam, Australia, China, Japan, Republic of Korea and New Zealand. RCEP is the world’s largest FTA, comprising approximately 30% of the global GDP and about a third of the world’s population.
International Environmental Law
Climate Change
On 31 March 2020, Singapore submitted its enhanced Nationally Determined Contribution (NDC) and Long-Term Low-Emissions Development Strategy document to the UN Framework Convention on Climate Change. Singapore’s enhanced NDC in 2020 was the first time Singapore adopted an absolute emission target since it submitted its Nationally Appropriate Mitigation Action in 2009. In the 2020 NDC, Singapore, inter alia, agreed to enhance its 2030 NDC to peak emissions at 65MtCO2e around 2030; expand the scope of the country’s pledge to include a seventh greenhouse gas, nitrogen triflouride within the peak emissions ceiling; and halve emissions from its peak to 33MtCO2e by 2050 with a view to achieving net zero emissions as soon as viable in the second half of the century (Melissa Low and Eric Bea, Singapore’s Enhanced 2030 Nationally Determined Contribution and Mid-Century Strategy, Energy Studies Institute, Policy Brief 35, 18 March 2020).
Hazardous Waste
On 1 April 2020, the provisions of the Hazardous Waste (Control of Export, Import and Transit) (Amendment) Act 2020, aimed at improving the administration and enforcement of the Hazardous Waste (Control of Export, Import and Transit) Act, came into force. The 2020 Act gives effect to amendments to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (which takes effect on 1 January 2021). The 2020 Act, inter alia, improves the administration and enforcement procedures in the Act and also introduces controls on plastic waste.
Law of the Sea
Model Agreement for the Provision of Facilities for ITLOS
In 2020, Singapore and the International Tribunal for the Law of the Sea (ITLOS) signed a Model Agreement for the Provision of Facilities for ITLOS (the Model Agreement). The Model Agreement, the first of its kind, establishes the terms and conditions under which the Singaporean government shall provide appropriate facilities for ITLOS or a Chamber of ITLOS, to sit or otherwise exercise its functions in Singapore.