Open Access. Powered by Scholars. Published by Universities.®
International and Area Studies
Singapore Management University
- Keyword
-
- Singapore (15)
- Law cases (4)
- Constitutional law (3)
- Dishonest assistance (3)
- Charities (2)
-
- Conflict of laws (2)
- Constructive trusts (2)
- Dispute resolution (2)
- Equitable compensation (2)
- Express trusts (2)
- Fiduciary (2)
- Good faith (2)
- Law (2)
- Mediation (2)
- Private international law (2)
- Restitution (2)
- Resulting trusts (2)
- Trusts (2)
- ASEAN (1)
- Accessory liability (1)
- Aerial photography (1)
- Aerial videography (1)
- Agency Law (1)
- Alternative business models (1)
- Anti-suit injunctions (1)
- BITs (1)
- Capital punishment (1)
- Choice of court agreements (1)
- Commercial contracts (1)
- Communication to the public right (1)
Articles 31 - 53 of 53
Full-Text Articles in Law
Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee
Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article surveys the use of foreign precedents in constitutional adjudication by the Supreme Court of Singapore for over a half century during the terms of the first three Chief Justices—Wee Chong Jin (1963–1990), Yong Pung How (1990–2006), and Chan Sek Keong (2006–2012)—and the first year in office of the fourth Chief Justice, Sundaresh Menon (2012–2013). It concludes that while judges have always cited foreign case law, they have only actually applied foreign cases where the wording of the Constitution and the constitutional arrangements in Singapore are fairly analogous to the constitutional texts and arrangements upon which the cases were …
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …
Whither The Future Of Internet Streaming And Time-Shifting? Revisiting The Rights Of Reproduction And Communication To The Public In Copyright Law After Aereo, Cheng Lim Saw, Warren B. Chik
Whither The Future Of Internet Streaming And Time-Shifting? Revisiting The Rights Of Reproduction And Communication To The Public In Copyright Law After Aereo, Cheng Lim Saw, Warren B. Chik
Research Collection Yong Pung How School Of Law
New forms of communication technology often pose challenges to the copyright regime and have necessitated the rewriting of the scope of the exclusive rights and exceptions by the legislature, and, in some cases, by the courts in common law countries (as well as the Court of Justice of the European Union). These issues have arisen in different categories of digital technology, albeit with the same objective of streamlining and simplifying the delivery of copyright works to consumers. These categories include file storage and transfer operations offered by Peer-to-Peer technology, the space- and time-shifting functions of the early video and audio …
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …
East Asian Trusts At The Crossroads, Ying Chieh Wu
East Asian Trusts At The Crossroads, Ying Chieh Wu
Research Collection Yong Pung How School Of Law
The purpose of this article is to scrutinize the legal structure of trusts in Japan, SouthKorea and Taiwan. The so-called infrastructure of the private law of these jurisdictions is rooted in theRoman-Germanic basis, which adopts dichotomous system in respect of that area of privatelaw dealing with property: the law of property and that of obligation. However,the adoption of the trust has caused some problems. Though controversial, thecontract-based view seems to be the majority view in the East Asian civiljurisdictions, yet the property-based view dominates the commonlaw world. However, being influenced by common law, the property-approach isalso asserted by some commentators …
Non-Delegable Duty Of Care: Woodland V Swimming Teachers Association And Beyond, Kee Yang Low
Non-Delegable Duty Of Care: Woodland V Swimming Teachers Association And Beyond, Kee Yang Low
Research Collection Yong Pung How School Of Law
The subject of non-delegable duty of care has troubled Judges and jurists alike. This article examines the recent Woodland case, where the UK Supreme Court attempted to provide a comprehensive and coherent legal framework.
预算幸与堕韧的中严阶层, Tan K. B. Eugene
预算幸与堕韧的中严阶层, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …
Probing The Law On Probation: Suggestions For Reform, Darius Chan
Probing The Law On Probation: Suggestions For Reform, Darius Chan
Research Collection Yong Pung How School Of Law
To any criminal law practitioner, the Court’s power to grant probation as a sentencing option is of significant importance. Probation represents, to their clients, the key out of incarceration.Section 5 of the Probation of Offenders Act (Cap 252, 1985 Rev Ed) (“POA”) sets out the power of the Singapore Courts to grant probation. Section 5 uses three peculiar terms to create three categories of offences, namely:1. Sentences which are “fixed by law”; 2. Sentences carrying “specified minimum sentences”; and 3. Sentences carrying “mandatory minimum sentences”.For the latter two categories of offences, the Court can only grant probation if the offender:1. …
'In The Interests Of Justice' As The New Test To Exclude Relevant Evidence In Singapore: Anb V Anc [2014] Sghc 172; Wan Lai Ting V Kea Kah Kim [2014] Sghc 180, Siyuan Chen
Research Collection Yong Pung How School Of Law
In 2012, Singapore’s venerable Evidence Act (EA), which is based on Stephen’s Indian Evidence Act of 1872, underwent major amendments for only the third time in 120 years. Previously, conflicting case law had created long-standing confusion as to whether the Singapore courts possessed any discretion to exclude evidence even when was found relevant under the EA. The main reason driving this jurisprudential inconsistency was that while the relevancy provisions in the EA were meant to provide exhaustive definitions of admissibility, Stephen’s then-revolutionary ‘inclusionary’ approach to relevance was simply at odds with modern conceptions of relevance and modern litigation practice. Thus, …
Discretionary Death Penalty For Convicted Drug Couriers In Singapore: Reflections On High Jurisprudence Thus Far, Siyuan Chen
Discretionary Death Penalty For Convicted Drug Couriers In Singapore: Reflections On High Jurisprudence Thus Far, Siyuan Chen
Research Collection Yong Pung How School Of Law
For decades, drug trafficking was a serious offence in Singapore potentially punishable by mandatory death. In 2012, Singapore’s Misuse of Drugs Act (MDA) was amended to give the courts sentencing discretion if the accused can first prove that he was merely a courier, and to better reflect the moral culpability accorded as between mules and kingpins in the hierarchy of drug syndicates. However, there are some complications in proving this. Not only must the accused show that he was merely a courier, he must also show that he had substantively assisted the authorities in disrupting drugtrafficking activities in Singapore. This …
Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan
Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan
Research Collection Yong Pung How School Of Law
Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can …
The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen
Research Collection Yong Pung How School Of Law
In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …
Equity And Trusts [2014], Hang Wu Tang
Equity And Trusts [2014], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
China’S Law And Practice As A Coastal State For The Prevention Of Vessel-Source Pollution, Nengye Liu
China’S Law And Practice As A Coastal State For The Prevention Of Vessel-Source Pollution, Nengye Liu
Research Collection Yong Pung How School Of Law
China is a major maritime nation with 18,ooo km of mainland coastline.1 The marine environment is of fundamental importance for China's economic development and environmental protection. According to the National Report on Social and Economic Development, in 2010, China imported 239.31 million tonnes of crude oil and 36.88 million tonnes of refined oil.2 Approximately 95 percent of oil imports are carried by maritime transportation. This creates significant risk of marine pollution such as oil, oily wastes and invasive species from ballast wateL Globally, maritime transport is responsible for 12 percent of total marine pollution.3 The United Nations Convention on the …
China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson
China's Ip Protection Minefield: Separating Fact From Fiction, David Llewelyn, Peter J. Williamson
Research Collection Yong Pung How School Of Law
China is the key emerging market for international technology companies. Smart, well-informed IP and business strategies are required if companies are to make the most of what the country has to offer.
Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee
Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In 2013, i Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of gross indecency between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …
Agency And Partnership Law [2014], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2014], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
No abstract provided.
Identifying An Interest In Land Sufficient To Support A Caveat: Salbiah Bte Adnan V Micro Credit Pte Ltd [2014] Sghc 249, Alvin W. L. See
Identifying An Interest In Land Sufficient To Support A Caveat: Salbiah Bte Adnan V Micro Credit Pte Ltd [2014] Sghc 249, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The difficult issue of what constitutes an interest in land sufficient to support a caveat (“caveatable interest”) recently presented itself before the High Court in the case of Salbiah Bte Adnan v Micro Credit Pte Ltd, which concerned a caveat lodged to protect an alleged security interest. The decision deserves the attention of property lawyers for it helpfully addressed various principles of property law relating, directly and indirectly, to the lodgment of caveats.
Equity And Trusts [2014], Hang Wu Tang
Equity And Trusts [2014], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Opening Of Legal Year 2015: A Year For Pushing Boundaries, Alvin W. L. See, Man Yip
Opening Of Legal Year 2015: A Year For Pushing Boundaries, Alvin W. L. See, Man Yip
Research Collection Yong Pung How School Of Law
5 January 2015 marked the Opening of the Legal Year 2015. From the speeches made by the Attorney-General, the President of the Law Society, and the Chief Justice, the 50th year of Singapore’s independence is going to be a glorious year of pushing boundaries.
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.
State-Owned Enterprises In Singapore: Historical Insights Into A Potential Model For Reform, Cheng-Han Tan, Dan W. Puchniak, Umakanth Varottil
State-Owned Enterprises In Singapore: Historical Insights Into A Potential Model For Reform, Cheng-Han Tan, Dan W. Puchniak, Umakanth Varottil
Research Collection Yong Pung How School Of Law
This article argues that the Singapore GLC Model is so closely intertwined with Singapore’s idiosyncratic history and unique regulatory culture that, although the model has been extremely successful within Singapore, transplanting it to China could be difficult. The article also explores the extent to which the success of the Singapore GLC Model and China’s ambition to emulate it challenge notions that corporate governance systems are converging towards a market-oriented (American) model of the shareholder centric corporation and the extent to which the success of the Singapore GLC Model challenges the basic conception that private enterprise rather than the state is …