Working Papers and Conference Presentations

 The illegal wildlife trade (IWT) is a significant global problem that threatens biodiversity, fuels corruption, and provides financing for organized crime. These illicit activities can severely impact underserved communities and Indigenous Peoples. However, efforts to curb wildlife trafficking can have mixed impacts on these communities, depending on the approaches taken. Recognizing these issues, the international community has sought to address cross-border wildlife crime through various treaties, conventions, and initiatives. However, it is only 22 years later, in May 2022, that the UN Commission on Crime Prevention and Criminal Justice invited states to officially consider an additional protocol to the UNTOC to combat IWT as an integral component of transnational organized crime. This proposed protocol aims to enhance international cooperation and strengthen legal frameworks against IWT, protecting endangered species by addressing illegal markets and trade routes. In this paper, we analyze the legal framework of the UNTOC, identifying provisions and mechanisms which can help strengthen global efforts against IWT. At the same time, we explore its potential impact on local, underserved, and Indigenous communities. In particular, we focus on the proposed Additional Protocol's implications. We posit that while the Protocol can indeed enhance international cooperation and domestic legal frameworks, it may inadvertently perpetuate inequalities. Integrating considerations such as human rights and inclusive sustainable development within the UNTOC’s framework and the proposed additional protocol can help align global anti-wildlife trafficking measures through criminal justice with local socio-economic needs. This strategy can help ensure that efforts to protect biodiversity and sustainability also promote fairness and social justice 

Inheritance acts as a potent driver of inequality. Wealth and resources accumulate across generations, concentrating advantages in the hands of a privileged few. This skews access to opportunities, potentially limiting the ability of future generations to benefit from social, cultural and technological advancements. One of these advancements pertains to Artificial Intelligence (AI). While AI has been described as "the great equalizer," there remain many issues with AI and inequality, including access to quality education and the job market, disabilities, and even discriminatory practices based on existing social biases. AI has been shown to exacerbate inequality by favoring wealthy entities with resources for development, deployment and adaptation. Without proactive measures, AI risks deepening societal divides. This paper discuss how inheritance inequality exacerbates disparities in wealth distribution and perpetuates social stratification, with AI potentially amplifying this phenomenon. It provides evidence of nascent AI use cases in the field of inheritance and wealth administration. This includes document management and automation, scenario planning, tax optimization, fraud detection and risk management, among others. The paper discusses how unequal access to these kinds of technologies, especially with Software-as-a-Service (SaaS) bundled with estate planning and consultancy, can not only inadvertently encode biases and reinforce existing socioeconomic inequalities, but also further consolidate wealth and power within the hands of a select few across generations. The paper proposes to embrace inclusive AI design principles when adapting AI in the context of estate planning and inheritance management. Further, it recommends exploring the use of AI in developing targeted interventions, such as inheritance taxation reforms and wealth redistribution mechanisms, to attenuate the concentration of inherited wealth, fostering greater socioeconomic parity. By fostering equitable AI in estate planning, inheritance management, and policies on private economic legacies, societies can strive towards a future where opportunities are not dictated by inherited privilege, but by individual merit and equitable access to resources. 

 In the context of the EU Biodiversity Strategy 2030, especially considering the post-COVID-19 era, biodiversity is acknowledged as a crucial asset for people, climate, and the planet, enhancing the resilience of our societies against future threats like “the impacts of climate change, forest fires, food insecurity, disease outbreaks - including by protecting wildlife and fighting illegal wildlife trade.” The target of this paper is to investigate the extent to which biodiversity is factored into climate change litigation, at the same time exploring how courts can help achieve more biodiversity protection through climate change mitigation and adaptation. Utilizing a comprehensive review of literature and Natural Language Processing (NLP) for analyzing legal cases, we delve into the nuances of biodiversity in climate litigation, in particular how it is being considered in the valuation of environmental damage. By examining cases where plaintiffs seek remedies for climate-related damage across various jurisdictions, it becomes apparent that harm to lands, human lives, and moral injury are predominant themes in climate lawsuits. By identifying the presence of biodiversity considerations in climate litigation, our aim is to uncover the underlying patterns and implications of how biodiversity is currently addressed in these legal disputes. Considering our global analysis of climate change litigation documents, we undertake both qualitative and quantitative assessments through a combination of normative and positive analysis, including the innovative use of AI and NLP. Our initial findings suggest a notable gap in the explicit consideration of biodiversity within climate litigation, highlighting an area ripe for further exploration and potential integration into legal frameworks. This study contributes to the literature by demonstrating the current shortfall in adequately considering biodiversity in climate change litigation and suggests pathways for incorporating these critical environmental components into future legal actions. This paper can serve as a basis to improve the potential mechanisms through which such litigation can advance biodiversity protection as separate issue from climate change mitigation and adaptation. 

 Artificial Intelligence (AI)  has the potential  to enhance human well-being across various domains, including vital services like healthcare, transportation, and education, among numerous others. In addition, AI regulation can also help promote innovation and competition in various sectors. However, as all technologies, AI is a double-edged sword, and can be used for either beneficence or harm. It is therefore important to develop social and economic regulations that promote the responsible use of AI. This ensures that these technologies are used for good and its risks properly managed. Firms working in the AI industry have spearheaded initiatives in self-regulation, many of them market leaders in their respective domains. The question remains: how can self-regulation within the global AI industry affect government-led regulations, and what are its social, political, and economic repercussions? In this working paper, we analyze the main policy thrusts of the European Union, the United States, and China as the leading governmental bodies when it comes to AI regulation. Corollarily, we tabulate the priorities of leading AI companies in their bid towards self-regulation and assess them in the context of the principles of Responsible AI. We provide insights on how these priorities can influence government-led AI regulations. Finally, we highlight the positive and negative aspects of self-regulation within the AI industry, and advocate for a balanced approach in regulatory measures, whether government- or industry-led. 

Social mobilization and disruptive protest are indispensable ingredients in the battle against climate change. While a great deal of literature has focused on the role of legal modalities in reinforcing and complementing civic action aimed at mitigating climate change – including bringing environmental harms within the realm of criminal prohibitions – the ‘dark side’ of such legal mobilization has largely eluded scrutiny. In this paper, we explore the suppression of climate protest in and through criminal law. Drawing on an original database and select case studies from the Philippines and Germany spanning the years 2016 to 2023, we map (1) the types of climate protesters that have become targeted by criminal actions, (2) the activities being prosecuted, (3) the legal instruments invoked, (4) the arrest, prosecution, and conviction rates and (5) sanctions imposed (if any). Our empirical analysis illustrates that an increasing number of climate activists find themselves subjected to criminal investigations, prosecutions, and sanctions. Without going into the legalmerits of these cases, we discuss the potential impact of (over-)criminalizing climate activists. Ultimately, we argue for a more nuanced understanding of the double-edged nature of law as an ambivalent instrument in the struggle for sustainable futures.

The Association of Southeast Asian Nations (ASEAN) faces an increasing number of transboundary environmental harms, causing billions of dollars in damages every year. To address these challenges, ASEAN and its Member States have installed a number of legal mechanisms both on a regional and domestic level. Many of these mechanisms focus primarily on civil damages and compensation. Unfortunately, these measures have been insufficient to deter further environmental harms. This article applies economic analysis of law to assess models of incentives and disincentives for human activities with deleterious environmental effects. It studies the risk equation and various implications of adopting a primarily civil legal mechanism to address transnational environmental harms, vis-à-vis a sturdy criminal justice framework. It asserts that to uphold the No Harm principle and achieve optimum compliance against transnational environmental harms, it is necessary to reinforce regional collaboration against green crimes, providing a strong legal framework and sufficient institutional support for its various components. This includes aligning domestic environmental legislation and strengthening enforcement, prosecution, and conviction rates across the ASEAN jurisdiction. The article explores a number of ways to do so: data-driven smart treaties promoting criminal sanctions for environmental harms; more interagency cooperation through mutual assistance pacts; joint prosecutions, transnational arrest warrants, and expedited extraditions, and; specialized environmental prosecution teams. It discusses their resulting benefits to the ASEAN coalition, as well as the potential institutional challenges facing the organization in implementing this initiative. In sum, ASEAN could provide an excellent test-case for strengthening the international legal framework for environmental crimes. Through these initiatives, it could spearhead a balanced model of effective, efficient, and equitable policies against transnational environmental harms.

Modern communication and transportation technology has blurred national borders and boundaries, and this has both positive and negative implications for the Association of Southeast Asian Nations (ASEAN). While the increased mobility of people, goods and services fuel economic growth and cultural exchanges in a globalized society, it can also serve as an enabler for exponential damage on a much larger scale. Primarily, these negative effects pertain to the environment, as the laws of nature do not recognize politically-set boundaries. This wide potential for impact requires utmost cooperation between the ASEAN Member-States. However, of the eleven recognized transnational crimes under the ASEAN, only two of them are environmentally-related. This is in stark contrast to the necessity of preventing and addressing the harms of environmental damage through multi-perspective legal measures. This paper analyzes the current situation through the lens of law and economics. It proposes an ASEAN dual-pronged justice mechanism to address climate-related and other environmental harms from the perspective of prevailing transnational criminal justice norms, vis-a-vis the concept of efficiency and compensation. It posits that ASEAN, as an emerging economic power and a growing political commune, has both the mandate and the opportunity to pioneer this internationalized aspect of green litigation, merging both international environmental law and transnational criminal law in order to mitigate and effectively battle the deleterious impacts of environmental harm on a massive scale.

Due to the geography of Southeast Asia, the region is prone to many natural calamities, ranging from hydrometeorological catastrophes to geovolcanic cataclysms. This is why the Association of Southeast Asian Nations (ASEAN) as an economic community agrees that addressing its peoples’ adaptability to natural disasters is a prime concern, particularly with the worsening conditions brought about by climate change. With the advent of ever-improving information & communications technologies (ICTs), new electronic tools are constantly being developed in order to assist initiatives in disaster risk reduction & response management (DRRRM). This paper enumerates a number of best practices in how individuals, organizations & communities use e-tools in order to prepare & adapt to these calamities, & provide a closer look at the resiliency & creativity of the ASEAN spirit in utilizing technology to cope with the gravest of natural disasters. But more than that, the paper analyzes strategies at the level of national & international policy, evaluating the general legal framework through which effective e-initiatives can be adopted & implemented on a wider scale. It offers a comparative review of current DRRRM laws within the ASEAN region, & posits that not only do they fail to provide a solid policy foundation by which these ICT-based tools can be integrated & adopted into sustainable programmes, they also hinder them from doing so. Finally, the paper concludes by emphasizing the necessity to revisit & revise existing DRRRM policy frameworks, both at the domestic & regional level, in order to facilitate & maximize the utilization of ICTs in uplifting the ASEAN spirit of resilience, & preventing natural calamities from turning into full-pledged disasters.

The rapid pace of technological development is breaking down barriers among nations, giving new meaning to the term ‘global community.’ Whereas states used to be the primary actors in the international scene, today the human individual takes the stage, thanks in huge part to cyberspace as a new, borderless ecosystem to navigate. But with the advent of new frontiers also come new challenges, & one of the most pressing concerns of the international cybercommunity are transnational cybercrimes. This paper discusses the concept of cybercrimes, their transnational nature & how they can affect the environment of communities in transition. In particular, it focuses on the Association of Southeast Nations (ASEAN) as an emerging global economic power, & considers the impact of transnational cybercrimes on the goal of ASEAN 2025 if left unchecked. Policy Analysis fleshes out the strategies employed under both domestic & international criminal law to prevent cybercrimes, as well as assess their over-all efficacy. The paper concludes that the booming population of Internet users in the ASEAN, as well as the growing dependence of all industries on the cyberworld, necessitates prompt prioritization of cybersecurity as a key policy & social issue needed to be addressed both at the national & international level, in order to properly protect the environment & prevent looming environmental damage to the region. 

This exploratory paper is a cooperative effort between young professionals, academicians & development specialists from various sectors worldwide. The research was designed & supported by ADB Youth for Asia and World Economic Forum's Young Global Shapers. As a narrative, it lays the background of traditional uses of information & communications technologies (ICTs). It then aims to identify new developments in the field & how these disruptions can impact governance & economics for welfare states in the coming years. In particular, case studies focused on artificial intelligence, augmented reality, big data, financial technologies, the internet of things, & smartphone applications, as applied in various sectors of development. The paper is written from the perspective of the United Nations’ Sustainable Development Goals 2030, & explores the key role of the youth in achieving these goals with ICT tools & platforms. It recommends key investment & capitalization actions by the Bank in order to maximize the potentials for economic & social development of welfare states. This paper is intended to be a preliminary step towards the creation of a complete knowledge & training package to be disseminated to target audiences including the Asian youth, policy makers & the private sector. 

 Globalization has brought about the huge potential for global economic growth & an enriched international cultural experience. In addition, rapid developments in technology have driven innovation in the fields of transportation & communication across the world, further breaking down barriers towards establishing a truly global community. But with these new frontiers come new challenges, both legal & practical. One of them are crimes beyond borders, also known as transnational crimes. The Association of Southeast Nations (ASEAN), as an important economic & political alliance, is instrumental in eradicating the problem of transnational crimes. In fact, efforts have been made by the regional organization since the 1970s to address this concern. However, ASEAN alone has seen a sharp rise in transnational crimes in recent times, leading to a crisis of international proportions which needs to be immediately addressed. In order to properly do so, it may require external assistance. Japan has always been a key ally in various concerns of ASEAN, & indeed shares a rich history with the region’s members in various political, economic & security concerns. One particularly crucial area of cooperation pertains to transnational criminal law mechanisms. With the forecasted rise of transnational crimes in the Asia-Pacific Region in 2017 & beyond, this paper analyzes the important role of Japan in addressing transnational crimes in ASEAN & seeks to identify the potential impact of a stronger Japan-ASEAN partnership, taking into account various national & regional security considerations. It posits that this partnership could have a potentially transformative role in battling transnational crimes in the region, & this in turn can greatly affect how transnational crimes are addressed as an international peace & security concern by the global community in the foreseeable future.

This paper analyzes crime & justice in the aftermath of natural calamities in the Philippines. In particular, it zooms in on Tacloban City, one of the urban areas directly hit by Typhoon Haiyan, & notes how the national government failed to afford protection & decent standards of living for victims of the disaster, in contravention of its obligations both under the Constitution & international human rights laws. Relevant provisions under the Revised Penal Code are analyzed, as well as the Philippine Disaster Risk Reduction & Management Act of 2010 (Republic Act 10121).  The author forwards that the implementation of public order through criminal justice should have been prioritized for humanitarian aid to be properly implemented & recommends a revisit of the underlying principles of RA 10121. He proposes general policy modifications at the level of both local & national government in relation to disaster risk reduction, response & management, particularly promoting the idea of public order & welfare as twin complementary concepts in effective disaster relief.

Through technology & development, increasingly easier means of transportation & communication have fuelled global economic growth & more enriched sociocultural interactions. In the political sphere, however, this trend translates into increased global & regional security concerns, particularly for countries with porous & contiguous borders. Foremost among them are terrorism & transnational crimes. As early as the 1970s, the Association of Southeast Asian Nations (ASEAN) has forwarded steps in order to address this, with several key declarations & agreements promising regional cooperation to combat cross-border criminal activities. Despite these efforts, ASEAN has seen a sharp rise in transnational crimes more than 4 decades later, leading to a crisis of international proportions which needs to be immediately addressed. With the Philippines taking the lead role in ASEAN in 2017, this paper seeks to identify the potential impact of its leadership in this initiative, taking into account the aggressive shift in the country’s criminal justice policies. It posits that the Philippines’ internal policies could have a potentially transformative role in battling transnational crimes in the region in line with ASEAN 2030, & this in turn can greatly affect how transnational crimes are addressed in the international community in the foreseeable future.

The Philippines is considered the social media capital of the world: many aspects of modern Filipino life, be it social, economic & political, are expressed online. In light of this, the government has made efforts to regulate behavior in cyberspace, particularly those which are criminal in nature, one of which is online defamation. Under Philippine law, defamation is the public & malicious imputation of a crime, vice or defect. The law does not distinguish whether such is real or imaginary; as long as it tends to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead, then it can be considered libelous. A number of recent incidents in social media show that practitioners of veterinary medicine are particularly prone to online defamation, & this fact has enormous repercussions on their professional stature in the industry, their livelihood, & their name in the community. This communication paper uses a social science-based case-study approach to highlight instances of libel & bullying through social media, particularly directed at practicing veterinarians by irate owners who perceived themselves harmed by the former’s professional actions. It details both the human & environmental factors common to both of them, & places them side-by-side with the elements of crimes under which these acts can be classified under the Revised Penal Code of 1930 & the Cybercrime Prevention Act of 2012. It enumerates both practical & legal steps which veterinarians can undertake to prevent further damage, as well as to seek redress for harm already done. It concludes that the practice of the veterinary profession must be constantly imbued with care & reasonable foresight, & requires working closely with both the legal profession & the public in order for such harms to be prevented.

The Association of Southeast Asian Nations (ASEAN) has time & again expressed its deep commitment to upholding human rights. In line with this, it has established the ASEAN Intergovernmental Commission on Human Rights, which came out with the ASEAN Human Rights Declaration (AHRD) in 2012. The AHRD seeks to uphold the Universal Declaration of Human Rights (UDHR) as well as other essential rights not embodied therein, & envelope them in pivotal areas of the ASEAN Economic Integration, one of which relates to transnational criminal justice. As early as the 1970s, ASEAN countries have recognized the need for concerted efforts to address the problem of transnational crimes. Its collective commitment against transnational crime is embodied in several key agreements & declarations, reaffirming their joint & cooperative commitment to battling transnational crimes. This paper analyzes current ASEAN declarations, national & regional policies, & intergovernmental state actions regarding transnational criminal law, & seeks to determine whether the ASEAN transnational criminal justice framework provides enough safeguards & protection for human rights across its ten-country jurisdiction. It identifies potential problem areas & suggests recommendations as to how the implementation of transnational criminal justice in the ASEAN can complement & ultimately uphold human rights. 

According to the United Nations, access to the Internet is a basic human right. However, the increasing use of social media as a primary news source has led to the simplification of stances on key social issues involving peace & human rights into mere dichotomies. This type of direct democracy has often fuelled incompletely-informed actions rooted in mob mentality. The author aims to explore the dynamics of human interaction & political discussion in social media, tackling the concepts of desensitization & learned helplessness. He posits that these factors have helped fuel the rise of modern Messianic figures around the world, promising change oftentimes through the politics of fear & misplaced anger. He also suggests ways by which information campaigns can be designed as true-to-life stories in order to reach out to people of opposing & maleducated political mindsets, as well as how individuals can help polarize the increasingly violent socio-political atmosphere that social media has engendered. The author recommends that more than mere facts & figures, working on the prevailing user engagement framework of both trending & truth-telling through the Storytelling concept, means & methods can help harness the enormous potential of social media to promote peace & human rights across cyberspace, translating into concrete actions in the external world.