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Articles 1 - 30 of 85
Full-Text Articles in Law
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Small And Safe, Rathna N. Koman
Small And Safe, Rathna N. Koman
Research Collection Yong Pung How School Of Law
This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and …
Early Career Experts Essential For Planetary Sustainability, Michelle Mei Ling Lim, Abigail J Lynch, Álvaro Fernandez-Llamazares, Et Al.
Early Career Experts Essential For Planetary Sustainability, Michelle Mei Ling Lim, Abigail J Lynch, Álvaro Fernandez-Llamazares, Et Al.
Research Collection Yong Pung How School Of Law
Early-career experts can play a fundamental role in achieving planetary sustainability by bridging generational divides and developing novel solutions to complex problems. We argue that intergenerational partnerships and interdisciplinary collaboration among early-career experts will enable emerging sustainability leaders to contribute fully to a sustainable future. We review 16 international, interdisciplinary, and sustainability-focused early-career capacity building programs. We conclude that such programs are vital to developing sustainability leaders of the future and that decision-making for sustainability is likely to be best served by strong institutional cultures that promote intergenerational learning and involvement.
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …
The Commercialisation Of Equity, Man Yip, James Lee
The Commercialisation Of Equity, Man Yip, James Lee
Research Collection Yong Pung How School Of Law
This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chiefly Williams v Central Bank of Nigeria, FHR European Ventures v Cedar Capital Partners and AIB Group v Mark Redler & Co) and identify a trend of the 'commercialisation' of the issues. The cases are placed in comparative context and it is argued that there is an unsatisfactory pattern of judicial reasoning, exhibiting a preference for some degree of unarticulated flexibility in commercial adjudication. But the price of that …
The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh
The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article provides an up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the article first demonstrates the status of …
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
Research Collection Yong Pung How School Of Law
Singapore hasrecently amended its Consumer Protection (Fair Trading) Act in response to calls for tougher action against unscrupulous traders. The revisions were aimed at strengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatory powers, enhanced court powers and added one substantive consumer remedy. Despite this, the authors argue that Singapore’s consumer protection regime remains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on how the broad investigatory powers and harsher court powers are to be implemented; no …
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Trade Strategies Of The Tpp-11 Countries: Asian Regionalism In Turbulent Times, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The US withdrawal from the Trans-Pacific Pacific Partnership (TPP) in January 2017 hasprompted the remaining countries to pursue alternative trade strategies. Australia andJapan have pushed for effectuating the TPP without US participation. The currentefforts focus on seeking consensus on the scope of suspensions over the originalagreement. The TPP-11 countries expect to reach an agreement in principle during theAsia-Pacific Economic Cooperation meeting in November 2017. Critical factors that willinfluence the TPP also include negotiations for the 16-country RegionalComprehensive Economic Partnership and China’s new trade initiatives. Hence, EUpolicy on trade and investment agreements with the Asia-Pacific ought to consider thechanging dynamics of …
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Research Collection Yong Pung How School Of Law
The subject of non-delegable duty has troubled courts for some time. The recent UKSC decision in Woodland v STA has clarified the law somewhat. In the recent decision MCST No. 3322 v Tiong Aik, the Singapore Court of Appeal endorsed the UK position and made clarifications on the Singapore position. This article examines the Singapore position as expressed by the SGCA.
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …
Partnerships, Vincent Ooi
Partnerships, Vincent Ooi
Research Collection Yong Pung How School Of Law
Partnerships and tax—overview: The statutory definition of a partnership is the “relation which subsists between persons carrying on a business in common with a view of profit”. Those persons could be natural persons, or other legal entities such as companies or trustees. However, a registered company under the Companies Act (Cap. 50) (2006 Rev. Ed.) is not a partnership.
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Research Collection Yong Pung How School Of Law
In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care. In the process, they have vigorously defended the conventional position that a duty of care is, in general, delegable. Accordingly, attempts at broadening the ambit of vicarious liability and non-delegable duty, respectively, have been carefully scrutinized. The recent Singapore Court of Appeal decision of Ng Huat Seng v Munib Mohammad Madni adds to the judicial thinking on this complicated and controversial subject.
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Research Collection Yong Pung How School Of Law
This article considers the evolving law relating to the delegability of the duty of care and the principle of vicarious liability, focusing particularly on the recent Singapore Court of Appeal decision in Ng Huat Seng v Munib Mohammad Madni.
Managing Judges Mathematically: An Empirical Study Of The Medical Malpractice Litigations In Shanghai, Wei Zhang
Research Collection Yong Pung How School Of Law
The post-Mao China has been increasingly managed mathematically, not the least in its judicial system. In this paper, I looked into some of the mathematical indicators used to judge the performance of judges in this nation, and ascertained their effects on the judicial decisions on medical malpractices in Shanghai. The findings of this paper support the previous study that qualitatively identified the judicial responses to such a quantified evaluation system. Underlying the effect of performance indicators is the Chinese judiciary’s bending toward populist pressure. Essentially, therefore, this paper serves to place in perspective the judicial populism well documented in the …
Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong
Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The High Court of Singapore recently increased the sentences of two employers who had starved their foreign domestic worker, causing serious physical injury. In so doing, the court affirmed the victim’s right to human dignity despite the relative leniency of the charge. This case prompts reflection not only on the vulnerability of foreign domestic workers and the courts’ role in protecting their basic dignity, but also on the prosecutors’ role in framing charges that accurately and completely reflect the infringement of rights.
Another Season Of Record-Breaking International Moot Court Achievements (Smu), Siyuan Chen, Eunice Chua
Another Season Of Record-Breaking International Moot Court Achievements (Smu), Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
It was written in previous articles in this publication that both Singapore law schools participating in international moot court competitions have been putting up impressive results in the last few years. As the latest moot season draws to a close, we are happy to report that 2016/17 has been another good season for Singapore mooters. NUS and SMU reached a total of 12 international championship finals between them during this period, and ordered chronologically.
Doctor's Duty Of Disclosure And The Singapore Court Of Appeal Decision In Hii Chii Kok: Montgomery Transformed, Kee Yang Low
Doctor's Duty Of Disclosure And The Singapore Court Of Appeal Decision In Hii Chii Kok: Montgomery Transformed, Kee Yang Low
Research Collection Yong Pung How School Of Law
The subject of a doctor’s duty of care to his patient, especially as regards the giving of advice, is a controversial one. In recent times, the courts and the medical professions in several jurisdictions have given their varying responses. In the Hii Chii Kok case, the Singapore Court of Appeal was faced with the difficult challenge of whether to and, if so, how to change the law. The judgment is as complex as it is important.
Joinder Of Equitable Assignors Of Equitable And Legal Choses In Action, Chee Ho Tham
Joinder Of Equitable Assignors Of Equitable And Legal Choses In Action, Chee Ho Tham
Research Collection Yong Pung How School Of Law
It is commonly accepted that equitable assignees of equitable choses in action may sue obligors of such choses without joining the assignors, and that joinder of equitable assignors of legal choses arising from contract may also be dispensed with, given William Brandt's Sons & Co v Dumlop Rubber Co. This article suggests that the former results from the application of res judicata principles by a court acting within its equitable jurisdiction, and that Brandt's is better understood as having been decided within the court's equitable jurisdiction. Consequently, this paper shows that the law on joinder of equitable assignors is consistent …
The Future Of Law Conference 2017: Charting The Converging Paths Of Law And Technology, Jerrold Tsin Howe Soh, Amelia Chew
The Future Of Law Conference 2017: Charting The Converging Paths Of Law And Technology, Jerrold Tsin Howe Soh, Amelia Chew
Research Collection Yong Pung How School Of Law
Jointly organised by the Centre for Cross-Border Commercial Law in Asia at the Singapore Management University (SMU) School of Law and Osborne Clarke, the inaugural Future of Law Conference that took place from 26 to 27 October 2017 brought together leading academics and practitioners from around the world to tackle issues at the intersection of law and technology. This article provides but a snippet of the insights discussed at the conference.
Eyes In The Sky, Concerns On The Ground, Siyuan Chen, Zi En Chow
Eyes In The Sky, Concerns On The Ground, Siyuan Chen, Zi En Chow
Research Collection Yong Pung How School Of Law
In the last few years, drones have literally taken flight in our skies, over our parks, our beaches –and even over our homes. Aerial imaging enthusiasts are thrilled about their impact, while thosewho have privacy concerns may have some reservations.But while consumer-level drones do not make the best spies – they’re noisy, conspicuous, have ashort battery-life, are vulnerable to jamming and have limited telephoto capability – this maychange over time. With that in mind, we need to consider whether the existing causes of actionprovide any relief in law and, if they do not, how governments can regulate drones in a …
Trust Needed To Ensure Our Resilience, Tan K. B. Eugene
Trust Needed To Ensure Our Resilience, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan shared his views on the crucial role of civil society in Singapore’s fight against terrorism. He believed that “confidence-building and trust are needed to ensure Singapore and Singaporeans build its stock of adequate social capital and resilience to withstand threats to its social fabric.” Associate Prof Tan noted that it is important that top-down and bottom-up approaches be taken to ensure continuous dialogue and engagement in order to promote such trust. “The role of civil society is crucial. Civil society can be meaningfully inducted to enhance a society's capacity to …
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Smart Contracts: Terminology, Technical Limitations And Real World Complexity, Eliza Mik
Research Collection Yong Pung How School Of Law
If one is to believe the popular press and many “technical writings,” blockchains create not only a perfect transactional environment but also obviate the need for banks, lawyers and courts. The latter will soon be replaced by smart contracts: unbiased and infallible computer programs that form, perform and enforce agreements. Predictions of future revolutions must, however, be distinguished from the harsh reality of the commercial marketplace and the technical limitations of blockchains. The fact that a technological solution is innovative and elegant need not imply that it is commercially useful or legally viable. Apart from attempting a terminological “clean-up” surrounding …
Unlocking Wrotham Park Damages: Lord Cairns' Act And Loss Of The Ability To Sue For Future Infringements, Alvin W. L. See
Unlocking Wrotham Park Damages: Lord Cairns' Act And Loss Of The Ability To Sue For Future Infringements, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article argues that Wrotham Park damages, if it is to be preserved as a term of art, is best understood as compensating the claimant for losing the ability to sue for future infringements. The claimant’s loss, which is prospective in nature, arises because the court, in exercise of the jurisdiction conferred by Lord Cairns’ Act, decides to award damages in lieu of an injunction as a means of achieving finality in the settlement of the dispute. The damages award is both the source of and the remedy for the loss. The recent attempts at expanding the availability of the …
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Research Collection Yong Pung How School Of Law
In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard …
Bitcoins And Other Cryptocurrencies As Property?, Kelvin F. K. Low, Ernie G. S. Teo
Bitcoins And Other Cryptocurrencies As Property?, Kelvin F. K. Low, Ernie G. S. Teo
Research Collection Yong Pung How School Of Law
The hype over bitcoins and other cryptocurrencies has been compared to the tulip mania in seventeenth-century Netherlands. As they have gained popularity, the law has approached the subject warily, mostly from a regulatory perspective. However, there has been no comprehensive consideration of the fundamental nature of a cryptocurrency owner’s private law relation to his cryptocurrencies. Whether or not cryptocurrencies achieve mainstream adoption, this question will inevitably have to be addressed. This paper considers if bitcoins and other cryptocurrencies might be recognised as the subject of property rights by Commonwealth courts and if so, what such rights ought to entail. It …
Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene
Singapore’S First Reserved Presidential Election: More Haste, Less Speed, And A Missed Opportunity?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After much hype and anticipation that preceded it, Singapore’s sixth presidential election in September 2017 quickly reached an anti-climatic end when the Presidential Elections Committee in pre-qualifying three presidential hopefuls determined that only one person, Madam Halimah Yacob, was eligible to contest.
Quality Immigration Will Remain Singapore’S Lifeblood, Tan K. B. Eugene
Quality Immigration Will Remain Singapore’S Lifeblood, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Seemingly innocuous individual decisions and life events, such as marriage, starting a family and migrating, have significant public-policy implications. This is reflected in the changing demographics of a country, which can affect the agility with which the country responds to the constantly evolving external environment.
A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason, Pearlie M. C. Koh
A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
The Hong Kong Court of Final Appeal has utilised a ‘scope of business’ inquiry to delineate the boundaries of the no-conflict rule for the company director. Such an inquiry is directed at discerning the realistic ability of the company to exploit any particular business opportunity and a strict capacity approach is eschewed, at least where the no-conflict rule is concerned. The decision is premised on a bifurcation between the no-conflict and no-profit rules, suggesting that the tests to determine breach of these fiduciary rules are not necessarily the same, thus permitting a more nuanced consideration of directorial breaches.
Personal Data Protection Act 2012: Understanding The Consent Obligation, Man Yip
Personal Data Protection Act 2012: Understanding The Consent Obligation, Man Yip
Research Collection Yong Pung How School Of Law
The Personal Data Protection Act 20121 (“PDPA”) provides the baseline standards of protection of personal data and works in tandem with existing law to provide comprehensive protection. The birth of the legislation clearly signals Singapore’s commitment to protect the collection, use and disclosure of personal data in the age of big data and its awareness of the importance of such protection in strengthening Singapore’s position as a leading commercial hub. Significantly, the PDPA protection model balances “both the rights of individuals to protect their personal data” against “the needs of organisations to collect, use or disclose personal data for legitimate …
Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander
Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened.I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all participants were nationally accredited and had completed more than 350 hours of training and assessment. As part of the first day I played a DVD of a real mediation conducted by a people’s mediator in Guangzhou, Guangdong Province, China. The dispute involved a wife who wanted …