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China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott
China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott
Research Collection Yong Pung How School Of Law
This paper compares China’s stance during the UNCLOS negotiations – the starting point of contemporary law of the sea, with its engagement in the latest development of BBNJ negotiations. It answers the question, how does China participate in these two important rules-making processes of the international law of the sea? By identifying salient positions China took in each set of lengthy negotiations and explaining the reasons behind, the paper also aims to reflect what a rising China may bring to the international legal maritime order in the foreseeable future. The first part of this paper, on the nature of China’s …
Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang
Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
There has been a proliferation of common intention constructive trust claims in Singapore. The main reason is that families have acquired real estate using their collective earning power without explicitly considering the individual entitlement of each family member. When a dispute arises, the claim is often pleaded as a common intention constructive trust. The complication with applying the law on the common intention constructive trust is that this is an English doctrine developed to deal with a different social context i.e. the breakdown of the relationship between cohabiting couples. In Singapore, the common intention constructive trust applies primarily in a …
Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu
Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Research Collection Yong Pung How School Of Law
When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have …
The Overlooked Reality Of Shareholder Activism In China: Defying Western Expectations, Chun Zhou, Wei Zhang, Dan W. Puchniak
The Overlooked Reality Of Shareholder Activism In China: Defying Western Expectations, Chun Zhou, Wei Zhang, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
Despite shareholder activism being in the global spotlight, shareholder activism in China – the world’s second largest economy – remains largely a black box. Using unique hand collected data, we reveal the overlooked reality that shareholder activism in China is thriving – with 156 major shareholder activist campaigns, over two-thirds of which have occurred in the last five years. Contrary to Western conventional wisdom, we find that whether the target company is a private owned enterprise (POE) or state-owned enterprise (SOE), has no statistically significant effect on the success of activist campaigns. Private shareholders have undertaken, and in over half …
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Fitting The Communication Forum To The Mediation Fuss: Choosing The Appropriate Communication Mode For Mediation In The Post-Pandemic World, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Since the COVID-19 pandemic, mediations have shifted dramatically from face-to-face settings to the virtual realm, resulting in the widespread acceptance of using virtual communication channels, including videoconferencing, audio calls, and text messaging. With the waning of the pandemic, mediators and parties presently face a plethora of choices in fitting their mediation to the appropriate communication channel. Thus, having an accurate, evidence-based understanding of different communication modes’ impact on mediation is necessary to design an optimal mediation process.Some decades ago, Sander and Goldberg formulated the phrase “fitting the forum to the fuss” to describe the process of choosing the most appropriate …
Sustainability And The Sunlight Of Disclosure: Esg Disclosure In Three Asian Financial Centres, Rachel Phang, Yaru Chia
Sustainability And The Sunlight Of Disclosure: Esg Disclosure In Three Asian Financial Centres, Rachel Phang, Yaru Chia
Research Collection Yong Pung How School Of Law
The prevailing paradigm of sustainable finance places great importance on environmental, social and governance (ESG) information and, therefore, on the mechanism of reporting and disclosure. This article presents, analyses and compares the approaches to ESG disclosure in three Asian financial centres: Singapore, Hong Kong and Shanghai. The article uncovers commonalities and divergences in the drivers, dynamics, content and trends of ESG disclosure in the selected jurisdictions. In doing so, it looks forwards, seeking to anticipate and shape the development of ESG disclosure in Asia. At the same time, it looks beyond ESG disclosure, remaining mindful that the mechanism itself is …
Ein Bericht Aus Einer Akademie: Writing About Germany's Lost Jewish Scholars, 80 Years On, J.G. Allen
Ein Bericht Aus Einer Akademie: Writing About Germany's Lost Jewish Scholars, 80 Years On, J.G. Allen
Research Collection Yong Pung How School Of Law
This volume explores the life and work of F.A. Mann—a German-born and (mostly) German-educated jurist who spent the operative parts of his professional life in the United Kingdom (UK). The project on which the volume is based set out to understand Mann’s life as a lawyer and describe his legacy—in English law, and also in German, European, and international law.
How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons From Past Cases And The Way Forward, Benjamin Joshua Ong
How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons From Past Cases And The Way Forward, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In the past, Malaysian courts performing constitutional rights review played a merely clerical role, applying a test that was trivially easy for legislation to pass. Then a more rigorous proportionality test took root. However, the Federal Court in the 2020 case of Letitia Bosman whittled the test down again, and the courts once more played a minimal role in checking state action. The reasons for this cannot be explained merely by diversity in judicial philosophy or political contextual factors. Rather, the near-demise of proportionality (and, with it, robust constitutional review) was made possible by a lack of a clear sense …
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language …
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Constitutional Supremacy, Inherent Powers, And Orders That Damages Or Costs Be Paid In Instalments: Tan Meow Hiang V Ong Kay Yong [2023] Sghc 286, Benjamin Joshua Ong
Constitutional Supremacy, Inherent Powers, And Orders That Damages Or Costs Be Paid In Instalments: Tan Meow Hiang V Ong Kay Yong [2023] Sghc 286, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The General Division of the High Court of Singapore stated (obiter) in Tan Meow Hiang v Ong Kay Yong that it does not have a general power to order that damages or costs be paid in instalments. It reasoned that any such power must have been impliedly restricted by legislation. So instalment orders can only be made (a) by certain subordinate courts; (b) by the General Division on appeal; (c) by the General Division at first instance in personal injury cases. In response, this note aims to advance the conversation on the law on instalment orders and what the Constitution …
Not Such Massively Discretionary Trusts: Proper Purposes Doctrine And Protectors As Means Of Control, Man Yip, Hang Wu Tang
Not Such Massively Discretionary Trusts: Proper Purposes Doctrine And Protectors As Means Of Control, Man Yip, Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Loose Ends In Singapore Equal Protection Doctrine, Wei Yao, Kenny Chng
Loose Ends In Singapore Equal Protection Doctrine, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
A trilogy of landmark Singapore Court of Appeal decisions has defined the landscape of constitutional equal protection doctrine in Singapore: Lim Meng Suang, Syed Suhail and Tan Seng Kee. While this trio of cases has laid the doctrinal foundation for the constitutional right to equality in Singapore, three loose ends remain for clarification. First, what is the relationship between the legal tests articulated in Syed Suhail and Lim Meng Suang? Second, what is the relationship between both steps in the Syed Suhail test? Third, what is the distinction between the Syed Suhail test and the common law judicial review ground …
Public Offices In Processes Of Constitutional Development, J.G. Allen
Public Offices In Processes Of Constitutional Development, J.G. Allen
Research Collection Yong Pung How School Of Law
What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? How can these questions be answered in a manner that is relevant to most of the world? This collection brings together leading and emerging scholars and practitioners to explore the relationship between democratic consolidation and constitutional endurance through consideration of recent experiences in seven African and Asian states that have undergone an understudied democratising event in the past decade: Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Building on the empirical surveys, seven thematic chapters offer analytical insights …
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Research Collection Yong Pung How School Of Law
For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …
Caroline E. Foster, Global Regulatory Standards In Environmental And Health Disputes: Regulatory Coherence, Due Regard, And Due Diligence, Henry S. Gao
Research Collection Yong Pung How School Of Law
With ‘The Rise of the Regulatory State’ 1 at the beginning of the twentieth century, regulation replaced litigation as the main method of social control in the United States. Over the past few decades, more and more countries around the world started to follow the example of the United States, which led to the global expansion of the regulatory state. This in turn spurred more international disputes due to divergences in the respective regulatory standards. Theoretically speaking, global regulation might be the best solution. However, so far this not happened, partly due to the paralysis of the law-making functions of …
Guest Editorial: Comparative Perspectives In Multi-Owned Developments Across City-States, Seng Wei, Edward Ti
Guest Editorial: Comparative Perspectives In Multi-Owned Developments Across City-States, Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
I am delighted to have had the opportunity to be the guest editor of this special issue titled “Comparative perspectives in multi-owned developments across City-States”. The theme of the special issue seeks to explore the worldwide phenomenon of urbanisation across all major cities, which has inevitably led to the proportion of apartment or flat dwellers increasing significantly. Issues relating to creating multi-owned schemes, resolving disputes between neighbours and management corporations and eventually the termination of the development to facilitate urban renewal are thus shared commonalities for owners, tenants, landlords and developers across jurisdictions. The aim of the special issue is …
The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao
The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao
Research Collection Yong Pung How School Of Law
Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …
The False Hope Of Stewardship In The Context Of Controlling Shareholders: Making Sense Out Of The Global Transplant Of A Legal Misfit, Dan W. Puchniak
The False Hope Of Stewardship In The Context Of Controlling Shareholders: Making Sense Out Of The Global Transplant Of A Legal Misfit, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
In 2010, the United Kingdom issued the world’s first stewardship code. Since then, stewardship codes have been issued in many of the world’s leading economies and now exist in 20 jurisdictions on six continents, with more jurisdictions considering adopting them. In the UK, stewardship codes were promised to transform rationally passive institutional investors into actively engaged shareholders to prevent another Global Financial Crisis. More recently, the new 2020 UK Code has been promoted as a mechanism to save the planet by incentivizing institutional investors to pressure listed companies to focus on ESG.There is a vigorous debate and developed literature on …
Conceptualising State-Centric Mediation: An Analysis Of China's Foreign Investment Complaints Mechanism, Mark Mclaughlin
Conceptualising State-Centric Mediation: An Analysis Of China's Foreign Investment Complaints Mechanism, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that China's foreign investor complaints system constitutes 'state-centric investment mediation'. The Rules on Handling Complaints of Foreign-Invested Enterprises, which entered into force on 1 October 2020, place a state agency in the position of facilitating negotiations between a foreign investor and the agency being complained against. The prospects for this complaints system depend on how the state-as-mediator dynamic is perceived by foreign investors. To this end, it will be argued that settlement agreements reached pursuant to this system may be enforceable under the Singapore Convention on Mediation in certain circumstances. Investors and government entities operating similar systems …
Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh
Emojis And Contract Formation: South West Terminal Ltd V Achter Land & Cattle Ltd [2023] Skkb 116, Kian Peng Soh
Research Collection Yong Pung How School Of Law
This case note analyses the decision in the Canadian case of South West Terminal Ltd v Achter Land & Cattle Ltd [2023] SKKB 116 and considers how Singapore law would be applied to a situation where emojis are used in the course of negotiations leading up to the formation of a contract.
Expropriation Of Shares Via The Corporate Constitution, Stephen Bull
Expropriation Of Shares Via The Corporate Constitution, Stephen Bull
Research Collection Yong Pung How School Of Law
Company constitutions sometimes include powers to effect compulsory share acquisitions from members. Where these are introduced into the constitution after incorporation, the amendment, like all constitutional alterations, must be able to satisfy the common law “bona fide test” in order to be valid. The content of this test has been much debated since the first cases a century ago, and differences in view have emerged from the English and Australian courts. While there is no local case law on such expropriations per se, the High Court recently confirmed for the first time the applicability in Singapore of the common law …
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Research Collection Yong Pung How School Of Law
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.
Law In A Hyperconnected World: Joining The Dots For Sustainable Futures, Michelle Lim, Nengye Liu, Stefanie Schacherer
Law In A Hyperconnected World: Joining The Dots For Sustainable Futures, Michelle Lim, Nengye Liu, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
We live in a hyperconnected world. Ecosystems and societies are linked across vast distances like never before. The unprecedented movement of people, goods and products and the transfer of capital and information characterise not only the present but also the conceivable future. Use of the term ‘hyperconnected world’ started to gain traction in the literature towards the turn of this millennium. Mainstreaming of the internet across societies led to the exploration of global hyperconnectivity across a range of spheres including business, investment and computing. The term gained further prominence with its use by the World Economic Forum in the early …
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the …
Promoting Esg Investing By Trustees: Risk Management And Structuring Solutions, Vincent Ooi, Alvin W. L. See
Promoting Esg Investing By Trustees: Risk Management And Structuring Solutions, Vincent Ooi, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The world is falling behind on its commitments to tackle some of the most pressing problems of this century: climate change, inequality, and other obstacles to building a sustainable future. In 2015, all Member States of the United Nations adopted the 2030 Agenda for Sustainable Development which set out 17 Sustainable Development Goals (‘UNSDG’) and 169 targets spanning the spectrum of environmental, social and economic dimensions of development. At the mid-point to 2030, the UN Secretary-General reported that of the roughly 140 targets for which data is available, about 12 per cent are on track; more than half are moderately …
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Two declarations were lodged: first, against Article 8(1) objecting to the direct service of judicial documents upon persons in Singapore through foreign diplomatic or consular agents unless the documents are to be served upon a national of the State from which the documents originate; and secondly, objecting to service of judicial and extrajudicial documents in Singapore by the methods of transmission set …
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the WTO twenty years ago, China’s image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China’s perspective on WTO been evolving? What are the reasons behind China’s changing perspective? This chapter addresses these questions from the Chinese perspective with a comprehensive analysis of the key moments in China’s first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.
Corporate Purpose Beyond Borders: A Key To Saving Our Planet Or Colonialism Repackaged?, Roza Nurgozhayeva, Dan W. Puchniak
Corporate Purpose Beyond Borders: A Key To Saving Our Planet Or Colonialism Repackaged?, Roza Nurgozhayeva, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
The “corporate purpose” debate, while extremely important, has largely been built on an understanding of corporate law and governance that is local – jurisdiction bound – while the issue of climate change is global; pollution does not respect jurisdictional borders. Despite this, in practice, states, multinational corporations, and transnational organizations are increasingly using formal and informal mechanisms to shape sustainable corporate governance beyond jurisdictional borders – a colossal development that has been hiding in plain sight.This article develops a taxonomy for identifying and analyzing the forces driving corporate purpose beyond borders: state-based, firm-based, and organization-based “global corporate law and governance”. …