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Full-Text Articles in Law
The Quistclose Trust In Singapore, Alvin W. L. See
The Quistclose Trust In Singapore, Alvin W. L. See
Alvin W-L See
This article examines the development of the Quistclose trust in Singapore by reference to the wider discourse on the subject. Besides addressing some of the common issues relating to the finding of a Quistclose trust, this article also examines two of the judicially recognized Quistclose analyses (the dual trust analysis and the Twinsectra analysis) and suggests factors that should be taken into account in deciding which to adopt in a particular case.
Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen
Following English Footsteps? An Empirical Study Of Singapore's Reported Insurance Judgments And Disputes Between 1965 And 2012, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article presents an empirical study of the development of Singapore’s insurance contract law in relation to English law. The gene of Singapore’s insurance law is very English. The empirical data show a lack of momentum in driving insurance law forward by case law. This may justify further legislative reform to address not only the known doctrinal issues inherited from English law but also the specific problems facing consumer insurance. Singapore’s competitiveness in the global insurance market will be an instrumental factor to determine how far Singapore continues to follow English law in the future.
Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad
Paradoxes Of Democratisation: Environmental Politics In East Asia, Mary Alice Haddad
Mary Alice Haddad
This chapter examines environmental politics in four polities that run the full spectrum of political regimes: mainland China (authoritarian), South Korea and Taiwan (newly democratic), and Japan (mature democracy). The chapter argues that variation in environmental politics in each place resulted primarily from the timing of their environmental movements, with subsequent movements learning from predecessors and gaining increasing access to global NGO networks. Paradoxically, when environmental movements became linked to democratization movements (in South Korea and Taiwan), they also became linked to political parties, which hindered access to government policymaking when non-allied parties were in power.
Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik
Revisiting Authorisation Liability In Copyright Law, Cheng Lim Saw, Warren B. Chik
Warren Bartholomew Chik
In this article, the authors revisit the origins and purpose of the law on authorising infringement and propose that the word “authorise” should bear the dictionary meaning of “sanction, approve, countenance”, in lieu of the phrase “grant or purported grant” as adopted in the CBS Songs Ltd v Amstrad Consumer Electronics plc ([1988] AC 1013) decision. The authors will also examine a non-exhaustive list of factors for determining authorisation liability. The suggested approach seeks to expand the scope of indirect copyright liability in Singapore, which is necessary in the face of increasing incursions into the sphere of copyright protection.
Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik
Where Copyright Law And Technology Once Again Cross Paths: The Continuing Saga: Recordtv Pte Ltd V Mediacorp Tv Singapore Pte Ltd [2011] 1 Slr 830, Cheng Lim Saw, Warren B. Chik
Warren Bartholomew Chik
This article critically analyses the issues and reasoning behind the recent Singapore Court of Appeal decision in RecordTV Pte Ltd v Mediacorp TV Singapore Pte Ltd on the legality of digital copying and communications technology under Singapore’s copyright law and offers a different perspective (and some alternative arguments) on the three issues of copying, communication to the public and authorisation of copyright infringement. In particular, we will identify the relevant party to these acts and examine their definitions, based on the current statutory provisions and the history of the development of copyright law vis-à-vis modern technology.
Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik
Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik
Warren Bartholomew Chik
There is a need for Singapore bloggers to be aware of legal issues arising from their online diaries, particularly in the light of the recent cases involving seditious remarks made online by bloggers that resulted in jail terms and fines; and earlier in the year, a dispute arose over allegedly defamatory speeches made by a blogger about A*STAR’s Chairman, Philip Yeo, which was resolved amicably, but not without an apology. The threats of legal repercussions in the form of civil lawsuits and criminal charges serve as reminders of the potential legal problems that can arise from blogging, and indeed from …
Singapore And International Law, Warren B. Chik
Singapore And International Law, Warren B. Chik
Warren Bartholomew Chik
No abstract provided.
Brief Notes: Recent International Legal Developments In Singapore, Warren B. Chik
Brief Notes: Recent International Legal Developments In Singapore, Warren B. Chik
Warren Bartholomew Chik
No abstract provided.
The Lion, The Dragon And The Wardrobe Guarding The Doorway To Information And Communications Privacy On The Internet: A Comparative Case Study Of Hong Kong And Singapore: Two Differing Asian Approaches, Warren B. Chik
Warren Bartholomew Chik
Almost a decade ago, the electronic commerce revolution began, led by such companies as Amazon.com and Ebay.com. These companies have grown into the internet business giants they are today, diversifying in the products they sell, the services they provide and the jurisdictions they conduct business in. However, aside from these rare examples, most medium and small internet-based business enterprises have grown with the dot.com bubble and dissolved when it burst mid-way through the decade. Now, at the 10th Anniversary of Electronic Commerce, after we have seen the dot.com way of doing business launch like a rocket and plunge like a …
Recent Developments In Singapore On International Commercial Arbitration, Warren B. Chik
Recent Developments In Singapore On International Commercial Arbitration, Warren B. Chik
Warren Bartholomew Chik
No abstract provided.
Recent International Law Developments In Singapore, Warren B. Chik
Recent International Law Developments In Singapore, Warren B. Chik
Warren Bartholomew Chik
No abstract provided.
Recent Developments In International Commercial Arbitration In Singapore, Warren B. Chik
Recent Developments In International Commercial Arbitration In Singapore, Warren B. Chik
Warren Bartholomew Chik
No abstract provided.
Building Democracy In Japan, Mary Alice Haddad
Building Democracy In Japan, Mary Alice Haddad
Mary Alice Haddad
How is democracy made real? How does an undemocratic country create new institutions and transform its polity such that democratic values and practices become integral parts of its political culture? These are some of the most pressing questions of our times, and they are the central inquiry of Building Democracy in Japan. Using the Japanese experience as starting point, this book develops a new approach to the study of democratization that examines state-society interactions as a country adjusts its existing political culture to accommodate new democratic values, institutions and practices. With reference to the country's history, the book focuses on …
Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw
Is There A Defence Of Public Interest In The Law Of Copyright In Singapore?, Cheng Lim Saw
Cheng L Saw
No abstract provided.
Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw
Chinese Intellectual Property Law And Practice [Book Review], Cheng Lim Saw
Cheng L Saw
No abstract provided.
Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong
Defining Criminal Liability For Primary Acts Of Copyright Infringement: The Singapore Experience, Cheng Lim Saw, Susanna Leong
Cheng L Saw
No abstract provided.
Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh
Does P2p Have A Future? Perspectives From Singapore, Cheng Lim Saw, Winston T. H. Koh
Cheng L Saw
On 16 November 2004, the Singapore Parliament passed the Copyright (Amendment) Act (Act 52 of 2004) to amend the Copyright Act 1987 (the 'Act').1 These amendments, being the most extensive since the Act was last revised in 1999 and passed pursuant to Singapore’s obligations under the IP Chapter of the United States – Singapore Free Trade Agreement ('USSFTA'), came into force in Singapore on 1 January 2005. Not long before this, Parliament had already amended the Act by increasing the term of protection for authors' works to life plus 70 years (up from 50 years) and for sound recordings, cinematograph …
Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw
Law Of Trade Marks And Passing Off In Singapore (2nd Ed.) [Book Review], Cheng Lim Saw
Cheng L Saw
No abstract provided.
Is Anns Alive And Well In Singapore?, Cheng Lim Saw
Media And Environmental Politics In East Asia, Mary Alice Haddad
Media And Environmental Politics In East Asia, Mary Alice Haddad
Mary Alice Haddad
No abstract provided.
Politics And Volunteering In Japan: A Global Perspective, Mary Alice Haddad
Politics And Volunteering In Japan: A Global Perspective, Mary Alice Haddad
Mary Alice Haddad
Politics and Volunteering begins by painting a portrait of volunteering in Japan, and demonstrates that our current understandings of civil society have been based implicitly on a U.S. model that does not adequately consider participation patterns found in other parts of the world. The book develops a theory of civic participation that, incorporates citizen attitudes about governmental and individual responsibility, with societal and governmental practices that support (or hinder) volunteer participation. This theory is tested using cross-national and sub-national statistical analysis, and it is refined through detailed case studies of volunteering in three Japanese cities. The findings are then used …