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Sovereign Wealth Funds: Mind The Gapp (Generally Accepted Principles And Practices)!, Knowledge@Smu
Sovereign Wealth Funds: Mind The Gapp (Generally Accepted Principles And Practices)!, Knowledge@Smu
Knowledge@SMU
The ongoing credit crisis has thrown the spotlight onsovereign wealth funds (SWFs). “The size and activities of SWFs in recent years have led to heightened attention on, and suspicion about them,” commented Locknie Hsu, Singapore Management University professor who specialises in international trade and dispute settlement law. Hsu recently authored a commentary on the new set of voluntary principles, known as the ‘Santiago Principles’ or GAPP (Generally Accepted Principles and Practices), adopted and released in October 2008 to govern such funds.
Voting And Campaign Contributions: Greater Inequality, Lesser Redistribution?, Knowledge@Smu
Voting And Campaign Contributions: Greater Inequality, Lesser Redistribution?, Knowledge@Smu
Knowledge@SMU
The recent US presidential elections saw unprecedented levels of campaign funds raised and spent. Filipe Campante, public policy professor at the John F. Kennedy School of Government at Harvard University, presented a paper on “Redistribution in a model of voting and campaign contributions”, as part of a seminar series at the Singapore Management University’s School of Economics.
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Research Collection Yong Pung How School Of Law
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim
Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim
Research Collection Yong Pung How School Of Law
Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best …
Chinese Identity In Post-Suharto Indonesia: Cy Hoon's New Book, Knowledge@Smu
Chinese Identity In Post-Suharto Indonesia: Cy Hoon's New Book, Knowledge@Smu
Knowledge@SMU
Hoon Chang Yau, Asian Studies professor at Singapore Management University, was born in Malaysia, raised in Brunei and educated in Australia. His new book, Chinese Identity in Post-Suharto Indonesia: Culture, Politics and Media, was launched recently in Singapore. It is an in-depth analysis of the evolution of the Chinese community in Indonesia, and their efforts to define a unique and complex identity in the post-Suharto era.
Proliferation Of Ftas A Challenge To The Wto?, Knowledge@Smu
Proliferation Of Ftas A Challenge To The Wto?, Knowledge@Smu
Knowledge@SMU
The proliferation of FTAs in recent years, resulting from an impasse in negotiations for a multilateral agreement, is of concern to the WTO. At a seminar organised by the Singapore Management University’s School of Law, two WTO experts, professors William Davey and Mitsuo Matsushita, explained why more countries want to sign FTAs and the implications for the world trading system.
Legitimating Criminal Justice Through Community Engagement: Lessons From The Jury Experience, Mark Findlay
Legitimating Criminal Justice Through Community Engagement: Lessons From The Jury Experience, Mark Findlay
Research Collection Yong Pung How School Of Law
Fundamentally justifying the jury is the opportunity it provides for community participation in criminal justice and the legitimation function that offers. Indeed, a strong political motivation for the recent introduction of jury trial in several transitional jurisdictions is the public confidence it transfers to the system at large. Recent research on juror comprehension and satisfaction suggests the possibility of interrogating the participation/confidence nexus more intricately. This note argues that it is the quality of the participation and the participant satisfaction which eventuates that predicts juror confidence. Where the legitimacy of criminal justice through juror participation is to be maximised then …
Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif
Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif
Research Collection School of Social Sciences
This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …
The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson
The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson
Research Collection School of Social Sciences
No abstract provided.
A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh
A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
In 1993, the Singapore Parliament enacted legislative provisions adapted from Australian legislation directing, inter alia, that the courts apply the purposive approach in statutory interpretation. Those provisions also allowed for the extended use of extrinsic materials in the interpretative process. Fifteen years on, there is now a considerable body of Singapore case law to which a meaningful analysis may be undertaken. Indeed, from an initially cautious application of the enacted legislation, the courts began to read the enactments expansively, eventually providing for a statutory interpretation regime that is largely free of the confines of old. Nonetheless, the Singapore position does …
Knowledge Management In The Public Sector: Singapore’S Civil Service College Shows The Way, Knowledge@Smu
Knowledge Management In The Public Sector: Singapore’S Civil Service College Shows The Way, Knowledge@Smu
Knowledge@SMU
Managing the repository of knowledge in a state-run organisation is a relatively new discipline. R Gopinathan, deputy director at Singapore’s Civil Service College, could be described as an evangelist who promotes knowledge management (KM) in the public service sector. He spoke recently about past experiences and challenges ahead with developing a KM roadmap for Singapore’s public service at the Fourth International Research Conference on Asian Business organised by the Singapore Management University.
The Mediation Metamodel: Understanding Practice, Nadja Alexander
The Mediation Metamodel: Understanding Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
The mediation metamodel provides a systematic framework for understanding mediation as it is practiced in a variety of professional and cultural contexts. Six mediation practices are introduced within the framework of the metamodel: settlement mediation, facilitative mediation, transformative mediation, expert advisory mediation, wise counsel mediation, and tradition-based mediation. The relationships of these different practices to one another are explored and the assumptions underlying them are examined with reference to the literature. The metamodel provides orientation in the dispute resolution field not only for mediators, parties, and their lawyers, but also for regulators, referring bodies, researchers, and students of mediation.
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …
What If, After All, Trademarks Were Traded In Gross, Irene Calboli
What If, After All, Trademarks Were Traded In Gross, Irene Calboli
Research Collection Yong Pung How School Of Law
The conditions upon which trademarks should be "traded" - that is, assigned and licensed in the marketplace - have traditionally been at the center of the trademark debate. Historically, based upon the assumption that trademarks can be protected only as conveyers of commercial information and as symbols of business goodwill, trademark law has prohibited trading in trademarks "in gross" and has required that trademarks be assigned "with their goodwill" and licensed only as long as licensors control the quality of the products. Yet, these criteria have been proven controversial and difficult to enforce because they hinge on two concepts that …
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Book Review: Anna-Katharina Hornidge Compares Singapore And Germany In “The Knowledge Society”, Knowledge@Smu
Book Review: Anna-Katharina Hornidge Compares Singapore And Germany In “The Knowledge Society”, Knowledge@Smu
Knowledge@SMU
An international think tank at the forefront of critical reflections about the rise of knowledge is the research group on Culture, Knowledge and Development at the Centre for Development Policy (ZEF), University of Bonn, Germany. Anna-Katharina Hornidge is senior researcher at ZEF. Her book, The Knowledge Society -- Vision and Social Construction of Reality in Germany and Singapore, edited by Solvay Gerke and Hans-Dieter Evers and published in 2007, is reviewed by Thomas Menkhoff, professor of organisational behaviour at the Lee Kong Chian School of Business, Singapore Management University.
Can Poverty Maps Direct Development Aid More Effectively To The Neediest?, Knowledge@Smu
Can Poverty Maps Direct Development Aid More Effectively To The Neediest?, Knowledge@Smu
Knowledge@SMU
Developing countries face many difficulties with targeting poverty alleviation programs towards people who need help the most. Often, detailed and accurate information is not readily available, and governments could end up in a double-bind -- distributing resources to individuals not in urgent need of assistance while excluding the poorest of the poor. Singapore Management University economics professor Tomoko Fujii was one of five international researchers who concluded that using ‘poverty maps’ combined with fine geographic targeting can deliver promising results.
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
“Keeping God In Place”: How Religion Is Managed In Singapore, Knowledge@Smu
“Keeping God In Place”: How Religion Is Managed In Singapore, Knowledge@Smu
Knowledge@SMU
Since independence from Malaysia in 1965, Singapore has enjoyed a high degree of racial and religious harmony carefully nurtured by the government. However, Singaporeans risk being lulled into a false sense of complacency about the state of inter-ethnic relations, cautions Eugene Tan, law professor at the Singapore Management University, in his research paper, “Keeping God in Place: The Management of Religion in Singapore”.
Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay
Global Terror And Organised Crime: Symbiotic Or Synonymous, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper is not a detailed denial of the difference between organised crime as the aggregation of illicit wealth, and terrorism which may not be concerned with economic profit. It takes as given the primary political context for terrorism and the enterprise environment of organised crime.
Mediation And The Art Of Regulation, Nadja Alexander
Mediation And The Art Of Regulation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In a political climate filled with talk of how to best regulate mediation, it is surprising that so little regulatory theory has been brought into the discussion. The aim of this paper is to provide a conceptual framework for informed debate in relation to the regulation of mediation. The framework comprises two parts. First, four international regulatory trends in mediation are introduced: the market-contract, self-regulatory, formal framework and formal legislative approaches. Against this background the second part deals with the specific content of regulatory provisions on mediation. The resulting framework is called the Mediation Mix, which brings form and content …
Room For Religion In Public Discourse, Seow Hon Tan
Room For Religion In Public Discourse, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Juror Comprehension And The Hard Case: Making Forensic Evidence Simpler, Mark Findlay
Juror Comprehension And The Hard Case: Making Forensic Evidence Simpler, Mark Findlay
Research Collection Yong Pung How School Of Law
The complexity/comprehension nexus as it impacts on juror decision-making is addressed in the particular context of prosecution-led DNA evidence. Such evidence is for jurors the subject of pre-trial preconceptions, and is notoriously difficult to present and argue before a jury. The article looks at the comprehension of forensic evidence by jurors, a task qualified by the opinion of legal professionals whose responsibility it is to present and interpret such evidence in adversarial contexts.Jurors were surveyed post-verdict in trials where forensic evidence featured in circumstantial cases. These insights into comprehension were qualified by contesting views of legal professionals, and critical reflections …
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
On 13 January, the Pakistan Bar Council (PBC) voted to end the continuous boycott of judges who swore oath's under the country's Provisional Constitution Order and to instead substitute "a complete boycott of the superior judiciary every Thursday and a one-hour token strike on a daily basis." Predictably, the decision created a furor: for many, it was a sell-out. Both the Lawyers National Action Committee (LNAC) and the Supreme Court Bar Association (SCBA) quickly denounced the decision as "contradictory" and "against the spirit of the lawyers' sacrifices." The provincial bar councils, the high court bar associations and the district bar …
The Impact Of Terrorism On Economic Growth And Technology Innovation, Knowledge@Smu
The Impact Of Terrorism On Economic Growth And Technology Innovation, Knowledge@Smu
Knowledge@SMU
A large scale terrorist attack on a country can have wide-ranging and long-lasting effects at all levels. In a recent article, Singapore Management University economics professor Winston Koh examined how terrorism affects macro-economic growth and the current and future allocation of resources to R&D on counter-terrorism and intelligence gathering technologies. Koh spoke to Knowledge@SMU about some of the economic and technological impacts of terrorism in the US and beyond, and how businesses can become more resilient and better prepared for such threats. --------------------------------------------------------------------------------
Amicus Curiae Brief Relating To The Appeal Challenging The Order Of Provisional Detention Of 14 November 2007, Mahdev Mohan, Vinita Mohan
Amicus Curiae Brief Relating To The Appeal Challenging The Order Of Provisional Detention Of 14 November 2007, Mahdev Mohan, Vinita Mohan
2008 Asian Business & Rule of Law initiative
No abstract provided.
The Relevance And Value Of Confucianism In Contemporary Business Ethics, Gary Kok Yew Chan
The Relevance And Value Of Confucianism In Contemporary Business Ethics, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This article examines the relevance and value of Confucian Ethics to contemporary Business Ethics by comparing their respective perspectives and approaches towards business activities within the modern capitalist framework, the principle of reciprocity and the concept of human virtues. Confucian Ethics provides interesting parallels with contemporary Western-oriented Business Ethics. At the same, it diverges from contemporary Business Ethics in some significant ways. Upon an examination of philosophical texts as well as empirical studies, it is argued that Confucian Ethics is able to provide some unique philosophical and intellectual perspectives in order to forge a richer understanding and analysis of the …
Are De Jure Labor Laws Absolute? Formal Manufacturing In India, Gurmeet Singh Ghumman
Are De Jure Labor Laws Absolute? Formal Manufacturing In India, Gurmeet Singh Ghumman
Dissertations and Theses Collection (Open Access)
We investigate the view that de facto labor market conditions are important in evaluating the effects of labor institutions in developing countries where enactment does not necessarily imply enforcement. Using India as a case study we empirically investigate the effects of labor markets on the organized manufacturing sector from 1970 to 1997. Recognizing that the state can intervene in the outcome of labor disputes we construct a measure to proxy the degree of the state legislature's prejudice towards pro-worker causes. We argue that leftist and communist political parties can interfere in the resolution of disputes in favor of workers through …
Distinguished Visitors: The Honourable Murray Gleeson Ac Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
Distinguished Visitors: The Honourable Murray Gleeson Ac Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
Research Collection Yong Pung How School Of Law
No abstract provided.
Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan
Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
After more than a hundred years, Singapore made major reforms to its bankruptcy laws in 1995. These changes attracted considerable public interest, with the Government taking pains to emphasise that the new law was designed to strike a balance between the interest of the debtor, the creditor and society. The greatest scrutiny of the provisions, to determine whether in law and in practice the competing interests of debtors and creditors could effectively be balanced, was in respect of the discharge provisions. In this article, the writer, who was then the Official Assignee, discusses how the novel remedy of discharge by …