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Articles 1 - 25 of 25
Full-Text Articles in Law
Religion In The Abortion Discourse In Singapore: A Case Study Of The Relevance Of Religious Arguments In Law-Making In Multi-Religious Democracies, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The article discusses the social issue on religion in the abortion discourse in Singapore. It mentions the relevance of religious arguments in law-making in multi-religious democracies. It notes that laws on abortion vary across different jurisdictions, like prohibiting abortion under all circumstances to freely allowing it without restriction as to reason.
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Research Collection Yong Pung How School Of Law
Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to interpret …
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law firms to collaborate with …
E C Investment Holding Pte Ltd V Ridout Residence Pte Ltd And Another (Orion Oil Limited And Another, Interveners), Yihan Goh
Research Collection Yong Pung How School Of Law
The High Court decision of E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Limited and another, Interveners) [2010] SGHC 270 (“E C Investment”) raises several contractual issues, chief amongst which – and the focus of this note – concern duress. This note discusses three points of the judgment relating to duress: (a) the reaffirmation of economic duress as a vitiating factor; (b) the status of lawful threats; and (c) the burden of proof in economic duress cases.
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Following Prime Minister Lee's recent announcement that the Electoral Boundaries Review Committee (EBRC) had been convened, SMU Assistant Professor Eugene Tan opined that the 30-per-cent deviation rule, of which the EBRC operates on, is too wide and ?overly-generous? in small and compact Singapore. Professor Tan also commented that the committee's redrawing of electoral boundaries should avoid being seen as gerrymandering.
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Research Collection Yong Pung How School Of Law
The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
Research Collection Yong Pung How School Of Law
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Research Collection Yong Pung How School Of Law
This case note examines the most recent attempt by the Court of Appeal to provide further guidance on: (a) how the doctrine of discharge of contract by breach operates when both parties are in breach of their contract obligations; and (b) when a promisee is entitled to rely on an alternate basis to justify its election to discharge a contract for the promisor’s breach when the basis originally relied upon and communicated to the promisor is ultimately found to be legally insufficient.
To Build A Nation From The Bottom Up, Tan K. B. Eugene
To Build A Nation From The Bottom Up, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After 45 years of economic achievement, genuine political participation has to be the next stage
Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,
Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,
Research Collection Yong Pung How School Of Law
The terms “gaming” and “gambling” are fairly wide and they refer to a wide range of activities. Traditionally, the term “gambling” has been used to cover lotteries, wagers and casino-style games. “Gaming” has also been used traditionally in some literature to cover not only activities involving gambling but also games of skill or games predominantly of skill. However, in recent times, certain jurisdictions such as the United States (“US”) and Australia have drawn a distinction between “online gaming” and “online gambling”. The former is used to refer to games played in an online environment which do not have the elements …
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 …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The three cases on conversion relate to the following issues: the distinction between the tort of conversion and the choice of remedy for purposes of determining the appropriate limitation period, the underlying rationale for conversion that is based essentially on possession of a chattel and finally, the question of whether a temporary certificate of entitlement for the purchase of a car in Singapore may be converted.
When The Text Runs Out: The Role Of The Court In Constitutional Construction, Jack Tsen-Ta Lee
When The Text Runs Out: The Role Of The Court In Constitutional Construction, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Constitutions in Westminster-style legal systems in Asia such as India, Malaysia and Singapore feature bills of rights with provisions phrased at a high level of abstraction. As a consequence, at some stage a particular constitutional text ‘runs out’ and ceases to provide a court with substantive guidance as to how fundamental liberties should be applied to specific factual scenarios. Nonetheless, as it remains the court’s duty to understand the implications of the constitutional text in order to determine the dispute before it, the judge must necessarily engage in constitutional construction. This may be described as the process of articulating rules …
Internet Intermediaries And Copyright Law In Singapore, Warren B. Chik, David Yong
Internet Intermediaries And Copyright Law In Singapore, Warren B. Chik, David Yong
Research Collection Yong Pung How School Of Law
Thisarticle discusses Practice Direction No 2 of 2010 issued by the SubordinateCourts concerning the "ADR Form". It also reviews other jurisdictions’approaches towards encouraging the use of mediation.
Formal Alliance Not The Panacea, Tan K. B. Eugene
Formal Alliance Not The Panacea, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Opposition still needs to manage the egos of key players and keep distrust between parties at bay
China On The World Stage: A Trade Law Perspective, Henry S. Gao
China On The World Stage: A Trade Law Perspective, Henry S. Gao
Research Collection Yong Pung How School Of Law
Before China's accession to the WTO, many observers predicted that the inclusion of the emerging trade power will change the pre-existing power structure in the multilateral trading system. Some even went as far as suggesting that China will become the leader of developing countries in the crusade against developed countries, which have dominated the organization during most of the history of the GATT/WTO. Now that China has been in the WTO for almost nine years, has it really emerged as the leader of developing countries as predicted? In this short essay, I will argue that while China has seen itself …
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights, Eugene K. B. Tan
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people …
Agency And Partnership Law [2009], Pearlie Koh, Stephen Bull
Agency And Partnership Law [2009], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
Evaluating The Impact Of The Un Convention On The Use Of Electronic Communications In International Contracts On Domestic Contract Law: The Singapore Example, Eliza Mik
Research Collection Yong Pung How School Of Law
The United Nations Commission on International Trade Law (UNCITRAL) Convention on the Use of Electronic Communications in International Contracts (CUECIC or Convention) was adopted on 23 November 2005. Its essential objective is to establish uniform rules intended to “remove obstacles to the use of electronic communications in international contracts, including obstacles that might result from the operation of existing international trade law instruments, with a view to enhancing legal certainty and commercial predictability.” The Convention relies on the UNCITRAL Model Law on Electronic Commerce (MLEC), which constitutes an e-commerce flagship project dating back to 1995. It also resembles UNCITRAL’s Convention …
From ‘Made In China’ To ‘Sold In China’, Henry S. Gao
From ‘Made In China’ To ‘Sold In China’, Henry S. Gao
Research Collection Yong Pung How School Of Law
Two years ago, I wrote about a special program called ‘Made in China’, produced by CNN in the wake of the tainted milk scandal. Last month, CNN started to air another ‘Made in China’ program. No it is not that the last program was so popular that they want to bring it back. Instead the new one is a thirty second commercial rumored to have been financed by China’s Ministry of Commerce (who later denied this) in an effort to promote Chinese products.
Corporate Social Responsibility And The Legal Profession, Eugene K. B. Tan
Corporate Social Responsibility And The Legal Profession, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Constructive Trust In Singapore: Five Persistent Puzzles, Hang Wu Tang
The Constructive Trust In Singapore: Five Persistent Puzzles, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This paper investigates some persistent difficulties surrounding the constructive trust. The five persistent puzzles relating to the constructive trust that are considered in this paper are: the terminology puzzle, the institutional and remedial puzzle, the explanatory puzzle, the bankruptcy puzzle and the Torrens puzzle. It is the author’s thesis that these five enduring puzzles must be addressed and ultimately unravelled in order to ensure the coherent development of the law in this area.
Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao
Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao
Research Collection Yong Pung How School Of Law
To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …
Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua
Wrongful Convictions In Singapore: A General Survey Of Risk Factors, Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
This article seeks to raise awareness about the potential for wrongful convictions in Singapore by analysing the factors commonly identified as contributing towards wrongful convictions in other jurisdictions, including institutional failures and suspect evidence. It also considers whether the social conditions in Singapore are favourable to discovering and publicising wrongful convictions. The authors come to the conclusion that Singapore does well on a number of fronts and no sweeping reforms are necessary However there are areas of risk viz the excessive focus on crime control rather than due process, which require some tweaking of the system.