In 2021 Thailand benefited from at least two good pieces of news in regard to international law, a subject closely interlinked with international relations.
Two Thai law experts were elected to important international positions dealing with the development of international law which is basically the set of rules governing relations between states and between states and other actors, such as treaties on the protection of the environment and on international crimes.
These include the seeds for establishing the International Criminal Court, as well as the principles guiding the work of the International Court of Justice based in the Hague.
Vilawan Mangklatanakul, director-general of the Department of Treaties and Legal Affairs at the Ministry of Foreign Affairs, was elected to the UN's main body dealing with the development of international law, the International Law Commission (ILC).
Ms Vilawan is Thailand's first woman candidate to vie for the post and Asean's first female international law specialist to be elected. She is also the only female candidate from the Asia-Pacific region to run for an ILC seat, according to the ministry.
Mr Kamalinne Pinitpuvadol, former executive director, International Institute for Trade and Development (ITD), was elected as the new secretary-general of the Asian African Legal Consultative Organisation (AALCO), the key organisation bridging between Asian and African countries.
The two complete a trio of eminent Thai jurists at the international level; the third is Kriangsak Kittichaisaree, former Thai ambassador to Russia, who began his term as a judge at the International Tribunal for the Law of the Sea several years ago. This brings much welcome news to Thailand at a time when the work of the international community has been disrupted by Covid-19 and needs to be re-energised.
Ms Vilawan is an expert in a variety of areas, including international investment law. In her campaign as a candidate for the ILC, she emphasised the importance of multilateralism and pragmatism, bearing in mind the diversity of countries inherent in the international system.
Mr Kamalinne is also an expert on international investment law, with broad interests academically, including child rights law. Much can also be learned from Mr Kriangsak's contribution to international law, not only as a judge but also as an eminent academic, with books on topics ranging from the law of the sea to the plight of the Rohingya community and their quest for international justice.
What might be some of the issues to be explored in future which might be at the heart of international law, while not forgetting the inevitable nexus with international relations? A key challenge is the concept of multilateralism.
This is closely linked with the UN as a whole and the need to maximise its nexus with peace, security, human rights and sustainable development. Of course, multilateralism invites a cooperative approach which should provide space for the varied elements of the international community. Inclusion and inclusiveness are now linchpins that help to provide a rationale for international dynamics.
Multilateralism also calls for responsiveness to vulnerabilities, in particular to help marginalised individuals and communities, bearing in mind the need for accountability if crimes, such as genocide, crimes against humanity and war crimes, are committed against them. Thus multilateralism has to embody a protection role, especially to offer international protection to those who are not protected at the national level. There is a close affinity with the call for human rights and democracy worldwide, especially at a time when a range of countries, especially in the Asian region, are still longing for democratisation.
The ILC's work has responded to key multilateral concerns, including most recently through the drafting of guidelines to protect the atmosphere and to deal with rising sea levels. Interestingly, there is now a call for Environmental Impact Assessment (EIA) before activities are undertaken that might affect the earth's atmosphere. Thailand has experience to share on what to do in regards to EIAs and how to ensure effective public participation in the process as well as to guarantee the rights of local communities.
On another front, the contribution of Asian countries to international peace-keeping should be better recognised. Soldiers from this region make up the biggest number of peace-keepers and their function helps to build immense goodwill internationally. This can be enhanced through more partnership building, especially from a young age, such as through activities involving young volunteers from Asia working hand in hand in Africa.
While the AALCO complements the work of the ILC by following many of the developments discussed in the ILC, it can innovate in areas independently of the ILC.
A key example is that in 2001 the AALCO adopted a set of principles on refugee protection, known as the "Bangkok Principles", which help to guide Asian countries on how to deal with the refugee situation, especially as the majority are not yet parties to the UN's International Refugee Convention.
The Bangkok Principles are broader than the latter and help to call for the protection of persons fleeing not only persecution but also warfare and other violent situations.
They extend the rule prohibiting the push-back of refugees ("non-refoulment") to protect not only those who have crossed frontiers but also those who are waiting to cross at the frontier.
They advocate at least temporary refuge for refugees, treatment not less favourable than aliens, and the call to tackle the root causes of refugee outflows, their right to return to the country of origin and their right to demand compensation.
More recently, the AALCO has been involved in training programmes with support from leading Asian countries.
Interestingly, the topics covered have included China's Belt and Road Initiative, the state of the World Trade Organisation, the role of the UN's Security Council, and dispute settlement in regard to the law of the sea, no doubt influenced by the sensitivity of the South China Sea.
More cooperation should be explored with Arab countries. Given that some of the world's biggest armed conflicts are in the Asian and African regions today, AALCO can surely amplify its work on peace grounded on a people-centred and gender-responsive vision.
Vitit Muntarbhorn is a Professor Emeritus at the Faculty of Law, Chulalongkorn University. He is the author of the recent book titled 'Challenges of International Law in the Asian Region' (Springer Publishers).