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Dr. Hao Duy Phan

SJD Program Graduate

 

Dr. Hao Duy Phan successfully earned his S.J.D. from American University Washington College of Law in the Spring of 2009. His dissertation was entitled “A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Court of Human Rights” (Martinus Nijhoff Publishers, 2012). His fields of study and professional expertise include Public International Law, International Human Rights Law, Law of the Sea, Law of Treaties, International Dispute Settlement and ASEAN law and policy. Dr. Hao Duy Phan has over 20 years of experience in the field of public international law, having worked as a legal expert at the Ministry of Foreign Affairs of Viet Nam, a senior research fellow at the Centre for International Law of the National University of Singapore, a lecturer at various universities and a visiting fellow at different research institutions. Dr. Phan has published widely on issues of international law. He is fluent in English, French, and Vietnamese. 

Degrees & Universities

S.J.D., American University Washington College of Law, 2009
LL.M. summa cum laude, University of Notre Dame Law School, 2007
B.A., Academic Honors: Excellent, Vietnam Institute for International Relations, 2003.

Academic Honors and Achievements

  • University of Notre Dame, Kroc Institute for International Peace Studies, Research Assistant, 2007
  • University of Notre Dame Law School, Center for Civil and Human Rights, Full Scholarship, 2006 – 2007
  • University of Hong Kong, Center of Asian Studies, Research Fellow, 2005
  • World University Service, Scholarship for Excellent Academic Achievements, 2005
  • Minister of Foreign Affairs of Vietnam, Merit Award for Excellent Academic Achievements, 2002
  • Presentation: “A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Human Rights Court”, research paper presented at the Inaugural Asian Society of International Law Young Scholars Workshop, National University of Singapore, September 2008.
  • Presentation: “Non-traditional Security Issues and International Law”, presented at the Policy Research Workshop on Regional Governance and Non-traditional Security, University of Hong Kong, November 2005.

Books

  1. Promoting Compliance: The Role of Dispute Settlement and Monitoring Mechanisms in ASEAN Instruments, co-author with Robert Beckman, Leonardo Bernard, Tan Hsien-Li and Ranyta Yusran (Cambridge: Cambridge University Press, 2016).
  2. Transboundary Pollution: Evolving Issues of International Law and Policy, co-editor with S Jayakumar, Tommy Koh and Robert Beckman (Cheltenham-Northampton: Edward Elgar, 2015).
  3. A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Court of Human Rights (Procedural Aspects of International Law Series, Leiden-Boston: Martinus Nijhoff Publishers, 2012).
  4. The Timor-Leste/Australia Conciliation: A Victory for UNCLOS and Peaceful Settlement of Disputes, co-editor with Tara Davenport and Robert Beckman (Singapore: World Scientific, 2019)
  5. The South China Sea Arbitration: The Legal Dimension, co-editor with S Jayakumar, Tommy Koh, Robert Beckman and Tara Davenport (Cheltenham-Northampton: Edward Elgar, 2018).
  6. Promoting Compliance: The Role of Dispute Settlement and Monitoring Mechanisms in ASEAN Instruments, co-author with Robert Beckman, Leonardo Bernard, Tan Hsien-Li and Ranyta Yusran (Cambridge: Cambridge University Press, 2016).
  7. Transboundary Pollution: Evolving Issues of International Law and Policy, co-editor with S Jayakumar, Tommy Koh and Robert Beckman (Cheltenham-Northampton: Edward Elgar, 2015).
  8. A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia: The Case for a Southeast Asian Court of Human Rights (Procedural Aspects of International Law Series, Leiden-Boston: Martinus Nijhoff Publishers, 2012).

Book Chapters

  1. Institutional Building for Maritime Security in Southeast Asia: the Role of ASEAN, in Myron Nordquist, John Norton Moore, Robert C. Beckman and Ronan Long (eds), Freedom of Navigation and Globalization 163 (Leiden-Boston: Martinus Nijhoff Publishers, 2014).
  2. Vietnam, in Business and Human Rights in ASEAN: A Baseline Study (Jakarta: Human Rights Resource Centre for ASEAN, 2013).
  3. International Human Rights Law, in Pham Lan Dung (ed), PUBLIC INTERNATIONAL LAW TEXTBOOK (2022).
  4. Balancing the Rights of Coastal States and User States in the Post UNCLOS Age: Vietnam and Navigational Rights, in Gordon Houlden and Nong Hong (eds), MARITIME ORDER AND THE LAW IN EAST ASIA (Routlegde, 2018)
  5. Air Defence Identification Zones: Implications for Freedom of Overflight and Maritime Disputes, co-author with Robert Beckman (Edward Elgar, 2019)
  6. Institutional Building for Maritime Security in Southeast Asia: The Role of ASEAN, in Myron Nordquist, John Norton Moore, Robert C. Beckman and Ronan Long (eds), FREEDOM OF NAVIGATION AND GLOBALIZATION 163 (Leiden-Boston: Martinus Nijhoff Publishers, 2014).
  7. Vietnam, in BUSINESS AND HUMAN RIGHTS IN ASEAN: A BASELINE STUDY (Jakarta: Human Rights Resource Centre for ASEAN, 2013).

Journal Articles

  1. ASEAN’s International Legal Personality and Its Treaty-Making Power, International Organizations Law Review (forthcoming).
  2. The Asian Way to Settle Disputes, co-author with Tommy Koh, 1 Asian-Pacific Journal of Ocean Law and Policy 5 (2016).
  3. State Conduct in Disputed Maritime Areas: The Guyana v. Suriname Case, 54 Indian Journal of International Law 487 (2014).
  4. Institutional Design and Its Constraints: Explaining ASEAN’s Role in the Temple of Preah Vihear Dispute, 5 Asian Journal of International Law 7 (2015).
  5. Promoting Compliance: An Assessment of ASEAN Instruments since the ASEAN Charter, 41 Syracuse Journal of International Law and Commerce 379 (2014).
  6. Procedures for Peace: Building Mechanisms for Dispute Settlement and Conflict Management within ASEAN, 20 UC Davis Journal of International Law and Policy 47 (2013).
  7. Towards a Rules-based ASEAN: the Protocol to the ASEAN Charter on Dispute Settlement Mechanisms, 5 Yearbook on Arbitration and Mediation 254 (2013).
  8. Institutions for the Protection of Human Rights in Southeast Asia: A Survey Report, 31 Contemporary Southeast Asia 468 (2009).
  9. Reparations to Victims of Gross Violation of Human Rights: The Case of Cambodia, 4 East Asia Law Review 277 (2009).
  10. A Blueprint for a Southeast Asian Court of Human Rights, 10 Asian-Pacific Law & Policy Journal 385 (2009).
  11. The Evolution towards an ASEAN Human Rights Body, 9 Asia-Pacific Journal of Human Rights and the Law 1 (2008).
  12. A Review of the Legal Framework for Human Rights Protection in Viet Nam, 8 Asia-Pacific Journal of Human Rights and the Law 20 (2007).
  13. Settling Maritime Disputes by Compulsory Conciliation under the 1982 United Nations Convention on the Law of the Sea: The Timor Sea Conciliation, 130 INTERNATIONAL STUDIES REVIEW 89 (2022), co-authored with Tran Viet Ha.
  14. Concluding Bilateral and Regional Agreements relating to Maritime Disputes: Possible Implications for the Compulsory Dispute Settlement Mechanisms under the 1982 United Nations Convention on the Law of the Sea, 38 VNU Journal of Science: Legal Studies 35 (2022), co-authored with Tran Viet Ha.
  15. The Mediterranean Sea Disputes between Greece and Turkey: Legal Context, Prospects for Dispute Settlement and Implications for the East Sea Disputes, 46 International Studies Review 69 (2022), co-authored with Tran Hoang Yen.
  16. UNCLOS at 40: Contributions of the Compulsory Dispute Settlement Mechanism to the Advancement of the Maritime Order based on International Law, 128 International Studies Review 45 (2022).
  17. ITLOS Judgment on the Preliminary Objections in the Dispute concerning the Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean: Implications for International Peaceful Settlement of Disputes, 404 Journal of State and Law 66 (2021), co-authored with Tran Hoang Yen.
  18. Maritime Law Enforcement Activities: International Law and Laws of Claimant States in the South China Sea Disputes, 44 International Studies Review 49 (2021), co-authored with Viet Ha.
  19. The Effects of ASEAN Treaties in Domestic Legal Orders: Evidence from Vietnam, 17 International Journal of Constitutional Law 205 (2019).
  20. International Courts and State Compliance: An Investigation of the Law of the Sea Cases, 50 Ocean Development & International Law 70 (2019.
  21. Promotional versus Protective Design: The Case of the ASEAN Intergovernmental Commission on Human Rights, 23 International Journal of Human Rights 915 (2019).
  22. Southeast Asian Court of Human Rights, Max Planck Encyclopedias of International Law (2019).
  23. Interstate Compulsory Conciliation Procedures and the Maritime Boundary Dispute between Timor-Leste and Australia, 10 Journal of International Dispute Resolution 126 (2018), co-author with Anais Kedgley Laidlaw."
  24. The South China Sea Arbitration: Bindingness, Finality, and Compliance with UNCLOS Dispute Settlement Decisions, 8 Asian Journal of International Law 36 (2018), co-author with Lan Ngoc Nguyen.
  25. The Association of Southeast Asian Nations: International Legal Personality and Its Treaty-Making Power, 13 INTERNATIONAL ORGANIZATION LAW REVIEW 273 (2016).
  26. The Asian Way to Settle Disputes, 1 ASIA-PACIFIC JOURNAL ON OCEAN LAW AND POLICY 5, co-author with Tommy Koh (2016).
  27. Institutional Design and Its Constraints: Explaining ASEAN’s Role in the Temple of Preah Vihear Dispute, 5 ASIAN JOURNAL OF INTERNATIONAL LAW 7 (2015).
  28. State Conduct in Disputed Maritime Areas: The Guyana v. Suriname Case, 54 INDIAN JOURNAL OF INTERNATIONAL LAW 487 (2014).
    Promoting Compliance: An Assessment of ASEAN Instruments since the ASEAN Charter, 41 SYRACUSE JOURNAL OF INTERNATIONAL LAW AND COMMERCE 379 (2014).
  29. Resolving the Dispute over Pedra Branca: Lessons Learned for Viet Nam in the South China Disputes, 98 DAV INTERNATIONAL STUDIES JOURNAL 65 (2014).
  30. Procedures for Peace: Building Mechanisms for Dispute Settlement and Conflict Management within ASEAN, 20 UC DAVIS JOURNAL OF INTERNATIONAL LAW AND POLICY 47 (2013).
  31. Institutions for the Protection of Human Rights in Southeast Asia: A Survey Report, 31 CONTEMPORARY SOUTHEAST ASIA 468 (2009).
  32. Reparations to Victims of Gross Violation of Human Rights: The Case of Cambodia, 4 EAST ASIA LAW REVIEW 277 (2009).
  33. A Blueprint for a Southeast Asian Court of Human Rights, 10 ASIAN-PACIFIC LAW & POLICY JOURNAL 385 (2009).
  34. The Evolution Towards an ASEAN Human Rights Body, 9 ASIA-PACIFIC JOURNAL OF HUMAN RIGHTS AND THE LAW 1 (2008).
  35. A Review of the Legal Framework for Human Rights Protection in Viet Nam, 8 ASIA-PACIFIC JOURNAL OF HUMAN RIGHTS AND THE LAW 20 (2007).
  36. International Law against the Proliferation of Weapons of Mass Destruction, 12 DAV INTERNATIONAL STUDIES JOURNAL (2005).

Other Publications

  1. The Precedent-Setting Timor-Leste and Australia UNCLOS Case, The Diplomat (29 September 2016).
  2. Why a ruling that cannot be enforced still matters?, The Straits times (16 July 2016).
  3. South China Sea Ruling on Dispute is No Cause for Gloom, The Straits times (30 January 2016).
  4. Book Review: ASEAN’s External Agreements: Law, Practice and the Quest for Collective Action, 41 Commonwealth Law Bulletin 651 (2015).
  5. Resolving the Dispute over Pedra Branca: Lessons Learned for Viet Nam in the East Sea Disputes, 98 International Studies Journal 65 (2014) (in Vietnamese).
  6. The ASEAN Inter-Governmental Commission on Human Rights and Beyond, 40 Asia-Pacific Bulletin (2009).
  7. The Evolution towards an ASEAN Human Rights Body, Asia-Pacific Journal of Human Rights and the Law, Vol. 9, No. 1, 2008.
  8. A Review of the Legal Framework for Human Rights Protection in Vietnam, Asia-Pacific Journal of Human Rights and the Law, Vol. 8, No. 2, 2007.
  9. Non-traditional Security Issues and International Law, Diplomatic Research Fellows Program Series, University of Hong Kong, September 2006.
  10. Annual Series of International Treaties in Force with respect to the Socialist Republic of Vietnam” (co-editor), Vietnam's Ministry of Foreign Affairs and National Politics Publisher, 2006.
  11. Non-traditional Security Issues and International Law, Diplomatic Research Fellows Program Series, University of Hong Kong (2006).
  12. International Law against the Proliferation of Weapons of Mass Destruction,” International Studies Journal, No. 17, Vol. 12, December 2005.
  13. International Law against the Proliferation of Weapons of Mass Destruction, 12 International Studies Journal (2005).
  14. Australia and Timor-Leste’s Landmark Maritime Boundary Conciliation Process, THE DIPLOMAT (26 May 2018).
  15. Book Review: Politics and Constitutions in Southeast Asia, 39 CONTEMPORARY SOUTHEAST ASIA 210 (2017).
  16. The Precedent-Setting Timor-Leste v. Australia Case, THE DIPLOMAT (29 September 2016).
  17. Why a ruling that cannot be enforced still matters, THE STRAITS TIMES (16 July 2016).
  18. South China Sea Ruling on Dispute is No Cause for Gloom, THE STRAITS TIMES (30 January 2016). 
  19. Book Review: ASEAN’s External Agreements: Law, Practice and the Quest for Collective Action, 41 COMMONWEALTH LAW BULLETIN 651 (2015).
  20. The ASEAN Inter-Governmental Commission on Human Rights and Beyond, 40 ASIA-PACIFIC BULLETIN (2009).
  21. Non-traditional Security Issues and International Law, DIPLOMATIC RESEARCH FELLOWS PROGRAM SERIES, University of Hong Kong (2006).