Law Commons^™

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …

Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti

Research Collection Yong Pung How School Of Law

The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …

Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …

Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …

Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …

Unjust Enrichment In Asia Pacific, Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.

Gender-Based Experiences Of Migrant Smuggling At The Us-Mexico Border, Sarah E. Rinehart

Student Publications

The US-Mexico border has been increasing its security measures, which has corresponded with increases in migration. Due to increasing restrictions on who is able to legally migrate, many turn to irregular migration, and the more effective way of achieving irregular migration is through use of a migrant facilitator. Migrant smugglers are individuals who receive compensated for assisting others in crossing a national border through illegal means. In discourses about irregular migration from the media and political, migrant smugglers are typically portrayed as criminalized men who take advantage of vulnerable, victimized women migrants. While the experiences of men and women migrants …

More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.

Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man

Research Collection Yong Pung How School Of Law

The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …

Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai

Research Collection Yong Pung How School Of Law

This paper responds to the widespread view that existing WTO rules are insufficient in dealing with China’s state capitalism, which has been further emboldened by its latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, the paper argues that, we do not necessarily need new rules, because the unique challenges created by China’s state capitalism can be sufficiently dealt with by the WTO’s existing rules on subsidies coupled with the China-specific obligations. Thus, a more realistic approach would be to push China back to the path of market-oriented reforms through WTO litigation based …

Reform Of Singapore's Foreign Judgment Rules, Adeline Chong

Research Collection Yong Pung How School Of Law

On 3rd October, the amendments to the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) came into force. REFJA is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933, but in this recent round of amendments has deviated in some significant ways from the 1933 Act. The limitation to judgments from “superior courts” has been removed. Foreign interlocutory orders such as freezing orders and foreign non-money judgments now fall within the scope of REFJA. So too do judicial settlements, which are defined in identical terms to the definition contained in the Choice of Court Agreements Act 2016 (which enacted the …

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

Los Efectos De La Minería En La Salud: El Movimiento Social Aymara En Torno Al Cerro Márquez, Maya Hajny Fernandez

Independent Study Project (ISP) Collection

With the political and social state of Chile’s history, mining has been present for hundreds of years, affecting the land and the indigenous populations in the country. This study asked how mining in the town of Ticnamar would affect the community, what positive and negative results mining activity has, what the most important elements of the social movement against mining are and how all of these elements influence health. The study sought to learn and study the impact of and the motivations that mining could have in the community of Ticnamar, and how it is perceived by the community. More …

“Para Nunca Más Vivirlo, Nunca Más Negarlo”: El Legado De Violencia Sexual Durante La Dictadura, Isabel De La Torre

Independent Study Project (ISP) Collection

Research Question: What are the mental health effects of sexual political violence against women during the dictatorship and during the current socio-political movement?

Objectives: The general objective of this study is to identify how sexual political violence has been used in Chile against women and to analyze its consequences on the mental health of survivors. More specifically, this study attempts to investigate the mechanisms sexual political torture during the dictatorship and now, visibilize the unique damages to mental health caused by this type of violence, and analyze the dictatorial legacy in regards to sexual violence and the current socio-political climate. …

Privacidad Digital En Ecuador: El Papel De La Vigilancia, La Jurisprudencia Y Los Derechos Humanos, Giselle Valdez

Independent Study Project (ISP) Collection

Este documento es un estudio de caso sobre la privacidad digital en Ecuador, cómo se protege y cómo se debe mejorar las protecciones. Comienzo presentando la falta de privacidad de la persona en Ecuador, a través de la reciente violación de datos y las tecnologías de vigilancia en todo el país desde China. Luego, para analizar la jurisprudencia y la falta de protección de la privacidad en la ley, hago la transición a un análisis legal de la privacidad de datos en Ecuador a través de la Constitución de 2008. Cuando establezco que falta privacidad digital en Ecuador, demuestro una …

The Transformative Potential Of High-Level Gender Equality: The Relationship Between Gendered Laws And Perceptions In Rwanda, Elena Ortiz

Independent Study Project (ISP) Collection

As part of its reconstruction process following the 1994 genocide against the Tutsi, Rwanda introduced several laws and policies protecting gender equality, which stood it stark contrast to traditional patriarchal norms and structures. This study focuses on the relationship between institutional gender reform and local perceptions. Specifically, it seeks to explore the extent to which perceptions around gender have caught up to legal changes and identify where the greatest gaps exist across political, social, and economic dimensions. Data collection occurred in two parts: quantitatively, a multiple-choice survey was distributed to 76 Rwandan adults investigating their perceptions of gender in political, …

Lived Experiences Of Temporary Permanence: The Syrian Perspective On Humanitarian Response And ‘Guest Status’ In Jordan, Leila A. Ismaio

Independent Study Project (ISP) Collection

As the conflict in Syria has evolved into a long-term crisis, Syrian refugees have found themselves in a state of both temporality and permanence, frequently cited as being ‘stuck’. Syrians in Jordan, particularly, have fallen victim to this status, frequently labeled as ‘guests’, with corresponding humanitarian aid also reflecting this temporality. No studies have yet explored Syrian refugees perceptions and experiences with ‘guest’ status and its relationship with humanitarian assistance. The purpose of this study is to explore Syrian perception of ‘guest’ status and current humanitarian efforts in Jordan and see how this demonstrates and challenges the dichotomy present in …

The Middle Ground: A Comparative Study On Mexico And Morocco As Transit And Forthcoming Host Nations, Christina Sarai Roca

Independent Study Project (ISP) Collection

Migration has always existed but has increased with globalization as societies are becoming more interconnected through different mediums, surging the larger scale of movement between borders and the increasing inequalities in wealth between nations. As transit countries, Mexico and Morocco function as nations seen receiving migrants in transit to their countries of destinations. Central American migrants and migrants from the South-of-the-Sahara are two prominent migrant populations in Mexico and Morocco for many years, but due to the increased political discourse, legislation, and increased enforcement at these border regions, these migrants find themselves remaining for extended periods or even settling permanently …

Pensaba Que Te Había Olvidado: El Daño Duradero De La Trauma Que Viene De Tortura En La Dictadura Chilena, Antonia Mcdonnell Capossela

Independent Study Project (ISP) Collection

Research question: Is there a more useful model to characterize the torture that was implemented in Chile using the context of theory and history to establish an in-depth understanding of the symptomology and effects of the experience of torture survivors?

Objective: The general objective of this study is to establish the origin of the methods of torture used during the Pinochet dictatorship and use these results to suggest a model of reparations that is more wholistic. The specific objectives are to understand the intervention and instruction by the CIA in Chile, to study the testimonies of torture during the dictatorship …

“Not Yet A Priority:” The Intersectional Exploration Of Labor Market Access For People With Disabilities, Anona Neal

Independent Study Project (ISP) Collection

Approximately one in four families in Morocco are affected by disability. Of those affected by disability, many are in vulnerable situations, because there is an explicit linkage between having a disability and likelihood of experiencing poverty. The primary reasons for this phenomenon include lack of access to education, employment and health care. Following the Arab Spring, the Moroccan government implemented Article 166 which explicitly banned workplace discrimination against people with disabilities (PWD); however, only 13% of those affected by disability of working age can find employment. In this paper, I investigate the obstacles PWD face that prevent them from accessing …

Strategic Implications For The United States Of The Belt And Road Initiative In Africa, Alec Monnie

Independent Study Project (ISP) Collection

The belt and road initiative is one of the most significant developments of the twenty-first century, which the United States will need to learn to adapt to. Much of the academic literature regarding the belt and road initiative mentions that Africa is a significant participant in this policy development, but fail to elaborate as to why that is, or what the implications for this are for the United States. This article expands upon the strategic significance of the African continent, and explains the implications thereof for the United States and China. This article argues that the belt and road initiative …

The Role Of Local Communities In Preventing And Countering Violent Extremism (P/Cve) In Jordan, Anna Fraher Klingensmith

Independent Study Project (ISP) Collection

Bordering Syria, Iraq, Saudi Arabia, and Israel/Palestine, with Lebanon not too far away, Jordan’s location makes it at high risk for violent extremism. Although Jordan is considered one of the safest countries in the Middle East and North Africa (MENA) region, the country is known for having one of the highest numbers of foreign fighters in the world, and for being the homeland of the father of ISIS (Abu Musab al-Zarqawi). Also worrisome is the increasing number of desperate people turning to extremist ideologies due to the country’s economic crisis and lack of opportunities for political engagement. Jordan could be …

Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan

Research Collection Yong Pung How School Of Law

A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …

Taxing "All Other Income" In Singapore And Malaysia, Vincent Ooi

Research Collection Yong Pung How School Of Law

Section 10(1)(g) of the Singapore Income Tax Act is a ‘sweeping-up’ provision which catches all income not falling under sections 10(1)(a)–(f). More than 50 years after its introduction, the application of section 10(1)(g) is still unclear despite the test laid out in IB v CIT. This article notes that the current jurisprudence is limited to cases involving gains or profits from the disposal of assets. It argues that the reliance on the Australian Myer Emporium test in IB v CIT was misplaced and that the section 10(1)(g) test should not have a sole focus on intention. Rather, it proposes a …

How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Josephine Seah

Centre for AI & Data Governance

The following research piece explores how Singapore is addressing the AI Governance discussion. First, the document broadly provides some background to the Singapore’s AI strategy; second, it explains exactly what the Model AI Governance Framework is and how Singapore is addressing the AI Governance discussion; third, it compares Singapore’s approach with other jurisdictions’ and how important it is to contribute to the international debate on AI governance; and fourth, the document mentions some challenges ahead and observations on what is missing from current conversations about AI.

School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University

SMU Corporate Reports

The Annual Report highlights the School of Law’s modest achievements and developments over the past year, as well as the substantive impact of these initiatives.

Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Singapore Government recognises and is committed to legal aid as an integral part of access to justice. Sixty years ago in 1958, Singapore was the first country in Southeast Asia to enact a legal aid scheme, which provided for the establishment of the Legal Aid Bureau (LAB) to provide civil legal aid to persons of limited means. Over the course of independent Singapore’s history, legal aid as part of the overall access to justice has broadened significantly. Members of Parliament make regular calls for more people to qualify and receive government-funded legal aid. The government regards access to justice …