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Articles 61 - 90 of 93
Full-Text Articles in Law
Singapore And International Law, Chin Leng Lim, Mahdev Mohan
Singapore And International Law, Chin Leng Lim, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Adherence to and observance of international law in Singapore foreign policy is well-known. Affirmation of the demands of international law has been a key feature of various foreign policy statements. This is unsurprising. Small states, in particular, benefit from a rule-based and rule of law-based international order. A trading nation like Singapore, in particular, thrives on a relatively predictable global environment. International legal rules help to foster such an environment.
The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua
The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua
Research Collection Yong Pung How School Of Law
In 2002, UNCITRAL developed the Model Law on International Commercial Conciliation.1 Although at that stage there was a strong effort to develop a uniform enforcement mechanism, the ultimate conclusion was that because of the great variance in the technicalities of domestic procedural laws, harmonisation by way of uniform legislation was not feasible (UNCITRAL 2004: 55). Eventually, Article 15 merely provided that: If the parties reach and sign an agreement settling a dispute, that settlement agreement is binding and enforceable … [the enacting State inserts a description of the method of enforcing settlements agreements or refers to provisions governing such enforcement].
Interview With The Honourable Justice Chang-Fa Lo (Justice, Constitutional Court, Taiwan; National University College Of Law) And Dr Winnie Jo-Mei Ma, (Honorary Associate Professor, Bond University Faculty Of Law, Australia) On The Draft Convention On Cross-Border Enforcement Of International Mediated Settlement Agreements, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Re-Assessing The Evidentiary Regime Of The International Court Of Justice: A Case For Codifying Its Discretion To Exclude Evidence, Siyuan Chen
Research Collection Yong Pung How School Of Law
Like many international tribunals, the International Court of Justice subscribes heavily to the principle of free admissibility of evidence. Neither its statute nor rules impose substantive restrictions on the admissibility of evidence, whether by way of exclusionary rules or an exclusionary discretion. Instead, the court’s practice has been to focus on evaluating and weighing the evidence after it has been admitted. There are certainly features of the ICJ that sets it apart from domestic courts and arguably justify such an approach: the ICJ is for settling disputes between sovereign states; it does not use a typical fact-finding system; its rules …
Proceedings Report: The 4th Asia Pacific Journal Of Private International Law Colloquium, Man Yip
Proceedings Report: The 4th Asia Pacific Journal Of Private International Law Colloquium, Man Yip
Research Collection Yong Pung How School Of Law
The 4th Asia Pacific Journal of Private International Law Colloquium, a biennial event, was held at the Singapore Management University on 28 November 2014 and convened by Associate Professor Adeline Chong. The one-day proceedings boasted a strong programme and facilitated discussions between private international law specialists from both civilian and common law jurisdictions.
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Enunciating Genocide: Crime, Rights And The Impact Of Judicial Intervention, Mark Findlay
Research Collection Yong Pung How School Of Law
As a consequence of recent decisions from the ICJ and the ICTR, it is clear that genocide can be pursued through the international courts both in terms of criminal liability and also rights/responsibility legal paradigms. This article suggests that this duality in possible contexts and processes of judicial determination, while being procedurally problematic, is in keeping with the human rights direction of international criminal justice. In addition, by opening the legal consideration of genocide to questions of individual liability as well as state-sponsored rights abuse, judges are now able to consider the more realistic complexity of genocide atrocity and thereby …
The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen
The Limits Of Prosecutorial Discretion In Singapore: Past, Present, And Future, Siyuan Chen
Research Collection Yong Pung How School Of Law
The exercise of prosecutorial discretion is a unique executive act that continues to be very well-protected from public scrutiny in many jurisdictions throughout the world. In this article, I attempt to survey virtually the entire body of case law on the limits of prosecutorial discretion in Singapore. Probably because prosecutorial discretion is protected by the Constitution, it took a while for the Singapore courts to retreat from its initial characterisation of the discretion as absolute and outside the scope of any form of review. Against a wider backdrop of increasing rights-consciousness (especially within the courts) and the public demand for …
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
This paper examines the impact that the UNCITRAL Model Law on Cross-border Insolvency has had on States in the light of the central problems often associated with transnational insolvencies. Despite the accolades that it has received, the Model Law has been adopted in only 19 countries in the last 15 years and that too in many different ways. If the number of adoptees and the rather conditional acceptance of the Model Law’s provisions represent a lack of international enthusiasm for adopting the Model Law, what are the reasons for this? The paper concludes by asking whether the UNCITRAL Model Law …
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
Research Collection School of Social Sciences
This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into better local practices. Institutionalization of universal human rights principles began in the immediate post–World War II period, in which civil society actors worked with powerful states to establish human rights as a key guiding principle of the international community and to ensure the actors' continuing participation in international human rights institutions. The subsequent decades saw various hurdles arise in international politics, …
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Research Collection Yong Pung How School Of Law
There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state …
Asian Treaty-Makers And Investment Treaty Arbitration: Negotiating With A Wary Eye, Locknie Hsu
Asian Treaty-Makers And Investment Treaty Arbitration: Negotiating With A Wary Eye, Locknie Hsu
Research Collection Yong Pung How School Of Law
The recent increase in bilateral investment treaties and free trade agreements entered into by Asian states has exposed them to increased commitments to foreign investors and the risk of investor-state arbitration. The rise in such arbitrations elsewhere has led to a considerable body of arbitral case law. This article examines the trend of such increased exposure of Asian states, salient issues that have emerged in arbitration case law and lessons for Asian treaty-makers and their legal advisors.
From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao
From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao
Research Collection Yong Pung How School Of Law
In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China's accession coincided with the launch of the Doha Round, many commentators predicted that China's participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China's different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper argues that China …
International Trade Regulation And The Mitigation Of Climate Change: World Trade Forum, Edited By Thomas Cottier, Olga Nartova And Sadeq Z. Bigdeli, Henry S. Gao
Research Collection Yong Pung How School Of Law
Now in its thirteenth year, the World Trade Forum (WTF) has firmly established itself as one of the leading events for the trade law community. Held annually in the quiet town of Bern, Switzerland, the Forum features presentations by leading trade lawyers, economists, diplomats, and political scientists from all around the globe.
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …
The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith
The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith
Research Collection Yong Pung How School Of Law
Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don’t think that leads to breaches of ethics and social responsibility – breaches that often result in major health, environmental and social tragedies. The article …
Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan
Singapore And The Universal Periodic Review: An Unprecedented Human Rights Assessment, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Singapore will soon submit a national report to and subsequently appear before the UN Human Rights Council for a universal periodic review of its human rights laws and practices. This review will elicit a rare and unprecedented expression of whether and how Singapore feels it has adhered to international human rights law, and ways in which it may further refine or calibrate its domestic practices. This article seeks to identify Singapore’s human rights achievements; highlight challenges it should be prepared to address; and recommend measures it should adopt to promote human rights.
Why Egregious Errors Of Law May Yet Justify A Refusal Of Enforcement Under The 'New York Convention', Seng Wei, Edward Ti
Why Egregious Errors Of Law May Yet Justify A Refusal Of Enforcement Under The 'New York Convention', Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
Parties on the losing side in international arbitration have long argued that an error of law is a defence to the enforcement of foreign awards. Citing article V(2)(b) of the New York Convention, such parties have argued that a manifest error of law is a violation of public policy. While national courts have generally paid little heed to this line of argument, this article seeks to raise the possibility that there may yet be the exceedingly rare instance in which a court should preclude enforcing an award marred by a hideous error of law. Limited review of an arbitrator's application …
Fault Lines In Our “Garden Of Eden State”, Tan K. B. Eugene
Fault Lines In Our “Garden Of Eden State”, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.
A Missing Part In International Investment Law: The Effectiveness Of Investment Protection Of Taiwan's Bits Vis-À-Vis Asean States, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Taiwan, classified as an “unrecognized state” or an “entity sui generis” by most international law scholars, has been excluded from most major international organizations and agreements for decades. This diplomatic isolation has had a negative influence on the protection of Taiwan’s overseas investments. This Article explores the six bilateral investment treaties (“BITs”) that the Taiwanese government has reached with the Association of Southeast Asian Nations (“ASEAN”) States and compares the weaknesses of the Taiwanese agreements with the investment frameworks established within ASEAN States. This Article concludes that Taiwan’s BITs with six ASEAN Member States fail to serve the very aim …
The Effective Reach Of In Personam Reasoning In Private International Law, Tiong Min Yeo
The Effective Reach Of In Personam Reasoning In Private International Law, Tiong Min Yeo
2009 Yong Pung How Professorship of Law Lecture
Within the equitable jurisdiction, the phrase in personam has been used to describe the means of enforcement of the equitable decree, the justification for equitable jurisdiction generally, and the mechanism by which chancery rulings effectively override the common law. In the context of curial proceedings, the phrase is also used to describe the nature of jurisdiction assumed over a person, as well as the effect of a decree against a person, as opposed to a thing. In the discourse on rights, it is used to distinguish personal from property rights. In personam reasoning in the equitable sense has been used …
Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan
Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Mass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
Research Collection Yong Pung How School Of Law
It has been claimed - though not proved - that victims will be benefited by participation in international criminal tribunals. This article interrogates this claim in the context of victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred to as the Khmer Rouge Tribunal. Based on interviews with Cambodian victims and Tribunal affiliates, it examines why and how the Tribunal permits victims to intervene as les parties civile, pulling together the normative and legal basis for this mode of victim participation. This article does not purport to generalize with confidence about Cambodian victims in general, …
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Research Collection Yong Pung How School Of Law
International criminal justice is sufficiently well established to merit an overview of its origins and institutional development. This paper starts out by identifying the institutional indicia of international criminal justice and their close connection to the development of international human rights protections. Underlying these structural and process signposts is some controversy regarding their motivations. Has formal international criminal justice emerged in response to novel and genuine concerns for the safety of humanity, or is it a manifestation of global governance priorities in post conflict scenarios, regional and international?
The Law Of International Commercial Arbitration In Singapore, Warren B. Chik
The Law Of International Commercial Arbitration In Singapore, Warren B. Chik
Research Collection Yong Pung How School Of Law
The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.
The Public Policy And Mandatory Rules Of Third Countries In International Contracts, Adeline Chong
The Public Policy And Mandatory Rules Of Third Countries In International Contracts, Adeline Chong
Research Collection Yong Pung How School Of Law
While party autonomy has risen in the field of contract, this autonomy is not unfettered. Parties are allowed to choose the governing law of the contract but limitations on party choice can be seen through the operation of public policy and mandatory rules. The public policy and mandatory rules of three laws may be imposed onto the contract: that of the lex fori, the governing law of the contract and the law of a third country with a connection to the contract. It is generally accepted that the public policy and mandatory rules of the forum have a legitimate role …
Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo
Statute And Public Policy In Private International Law: Gambling Contracts And Foreign Judgments, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This note argues that because there is a legal distinction between the public policy defence to the enforcement of foreign judgments under the common law and the corresponding defence in the Reciprocal Enforcement of Commonwealth Judgments Act, the prohibition against the enforcement of foreign wagering transactions under Singapore law is no longer founded on public policy.
On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law, Wei Zhang
Research Collection Yong Pung How School Of Law
In this article, I made a comparative study on the laws regulating the restrictions established by developers or among property owners in common interest communities in the U.S. and Japan, as well as the cultural and social backgrounds against which they are created. It appears that similar rules exist in both countries to combat excessive restrictions on life in common interest communities, although the American law treats the ex ante restrictions somewhat differently from the ex post ones. Using a law and economics perspective, I argue that such disparate treatments make good sense given the feasibility of internalizing the effects …
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
Research Collection Yong Pung How School Of Law
The collapse of the Japanese asset price bubble in the 90's left a record amount of non-performing loans in the nation's financial system. To tackle this unprecedented crisis, both legal scholars and practitioners in Japan advocated for a series of amendments to its secured transaction law to facilitate the enforcement of mortgages by banks. In this paper, based on the state of the post-bubble real estate finance market, I discussed the major drawbacks of the existing Japanese secured transaction system as it was applied in the real estate arena. I commented on the proposed material amendments to the Japanese secured …
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Trademark Exhaustion In The European Union: Community-Wide Or International? The Saga Continues, Irene Calboli
Research Collection Yong Pung How School Of Law
This Article analyzes the principle of "trademark exhaustion" or "first-sale rule" in the European Union (EU), with particular attention to the language and different interpretations of Article 7(1) of the First Council Directive 89 104 EEC of December 21, 1988. Traditionally, most jurisdictions define the extent of trademark exhaustion as either "national" or "international" exhaustion, depending on whether the rights granted by a mark are considered exhausted only in the domestic territory or also in foreign jurisdictions. Because of its nature as a regional integration of sovereign countries, the EU has historically favored a compromising approach toward the issue, and …
The International And Comparative Criminal Trial Project, Mark Findlay
The International And Comparative Criminal Trial Project, Mark Findlay
Research Collection Yong Pung How School Of Law
The International Criminal Trial Project (ICTP) has been in operation within the Centre for Legal Research (CLR), Nottingham Law school since January 2000. To date the project has succeeded in establishing a global network of scholars researching international and comparative criminal justice. The ICTP examines and compares trial processes and practice in a variety of local, regional and global contexts. The research incorporates particular evaluations of issues and relationships essential to the operation of trial process in different jurisdictions and stages of development. From the focus on the trial the project is producing knowledge about international and comparative criminal justice. …