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Articles 1 - 30 of 115
Full-Text Articles in Law
Compliance Through Model Checking, Avishkar Mahajan, Strecker Martin, Seng Joe Watt, Meng Weng (Huang Mingrong) Wong
Compliance Through Model Checking, Avishkar Mahajan, Strecker Martin, Seng Joe Watt, Meng Weng (Huang Mingrong) Wong
Centre for Computational Law
In this short note, we describe part of a case study about Singapore’s Personal Data Protection Act, which we first presented in-formally, then formally as interacting Timed Automata. From these, we derive desiderata on a language and verification framework for reasoning about compliance.
Shaping New Interregionalism: The Eu-Singapore Free Trade Agreement And Beyond, Pasha L. Hsieh
Shaping New Interregionalism: The Eu-Singapore Free Trade Agreement And Beyond, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article examines the theoretical concept of interregionalism in the context of the evolving framework between the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). As the EU's first free trade agreement (FTA) with an ASEAN country, the EU-Singapore FTA is a pathfinder agreement that signifies a new phase of interregionalism and the EU's new Asia strategy after the Treaty of Lisbon. The article argues that the innovative designs of the EU-Singapore FTA will shape the normative development of EU-ASEAN relations in the post-pandemic era. It also cautions that a comparative analysis of EU and US agreements …
International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel
International Commercial Mediation And Dispute Resolution Contracts, Nadja Alexander, Natasha Tunkel
Research Collection Yong Pung How School Of Law
Every transaction has the potential to go wrong and international commercial contracts are not spared this plight. It is when an international commercial contract fails – irrespective of the reasons, that the impact of different legal and cultural backgrounds of the parties come to light. The obvious venue for commercial disputes to be decided is generally understood to be in court (litigation)2 or before an arbitral tribunal (arbitration)3. However, there are numerous other alternative dispute mechanisms4 available to parties that are less well known and also deserve consideration; not least because they offer parties methods of resolving the dispute between …
The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang
The Value Of Fiduciary Duties: Evidence From En Bloc Sales In Singapore, Jianfeng Hu, Kelvin F. K. Low, Wei Zhang
Research Collection Lee Kong Chian School Of Business
This paper examines the impact of fiduciary duties on collective asset sales in the case of owners acting as delegates for other owners, thereby potentially inducing conflicts of interests. Our identification strategy exploits a unique legal shock in Singapore, which established fiduciary duties in those transactions in the real estate market known colloquially as en bloc sales. The imposition of fiduciary duties caused the price premium of units sold via en bloc sales to increase over units ineligible for en bloc sale, as well as over units that, although eligible for en bloc sale, are sold individually. In addition, this …
Resulting And Constructive Trusts In The Contemporary Singaporean Family Context, Man Yip
Resulting And Constructive Trusts In The Contemporary Singaporean Family Context, Man Yip
Research Collection Yong Pung How School Of Law
The legal rules that emerge in a society are shaped by the conditions of that society. In the area of trusts law, this chapter argues that the English principles of the presumed resulting trust and the common intention constructive trust have been adapted to suit the Singaporean family context. At first sight, given that Singapore law has declined to follow the Stack v Dowden line of developments that have taken place in English law concerning beneficial ownership of family property, it may appear that Singapore trusts law is more conservative and that pre-Stack English law is better preserved on Singapore …
Trade And Transfer Of Environmentally Sound Technology In Asean: Mapping Priorities To Economic Treaty Negotiations, Locknie Hsu
Trade And Transfer Of Environmentally Sound Technology In Asean: Mapping Priorities To Economic Treaty Negotiations, Locknie Hsu
Research Collection Yong Pung How School Of Law
The 10 members of the Association of Southeast Asian Nations (“ASEAN”) share common objectives in economic, sociocultural and political-security integration. Addressing environmental concerns is animportant consideration which traverses different areas of integration policymaking. ASEAN has, in recent years, emphasised the importance of environmental considerations, including environmentally sound technologies (“ESTs”) which may contribute to its climate change mitigation and adaptation efforts, in its law and policymaking. This article discusses the nexus between ASEAN’s needs for the transfer of ESTs and the group’s economic treaty negotiations. Through a “mapping” of such needs to free trade agreementareas, it aims to provide a pathway …
An End-To-End Pipeline From Law Text To Logical Formulas, Aarne Ranta, Inari Listenmaa, Jerrold Soh, Meng Weng (Huang Mingrong) Wong
An End-To-End Pipeline From Law Text To Logical Formulas, Aarne Ranta, Inari Listenmaa, Jerrold Soh, Meng Weng (Huang Mingrong) Wong
Research Collection Yong Pung How School Of Law
We propose a pipeline for converting natural English law texts into logical formulas via a series of structural representations. Text texts are first parsed using a formal grammar derived from light-weight annotations. An intermediate representation called assembly logic is then used for logical interpretation and supports translations to different back-end logics and visualisations. The approach, while rule-based and explainable, is also robust: it can deliver useful results from day one, but allows subsequent refinements and variations.
False Promise To Marry And Other Forms Of Sex By Deception In India And Singapore, Wing Cheong Chan
False Promise To Marry And Other Forms Of Sex By Deception In India And Singapore, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Dishonesty is unfortunately a sad fact of life in human relationships. When a woman is duped by a man intohaving sex by lies and deception, what should the response of the criminal law be? Is it rape or just a game of seduction or something in between? This article sets out and evaluates the different approaches taken by India and Singapore in cases of sex by deception. It suggests that the approach adopted in Singapore could be a model for criminal law reform in this contentious area.
Forks Over Knives: Predictive Inconsistency In Criminal Justice Algorithmic Risk Assessment Tools, Travis Greene, Galit Shmueli, Jan Fell, Ching-Fu Lin, Han-Wei Liu
Forks Over Knives: Predictive Inconsistency In Criminal Justice Algorithmic Risk Assessment Tools, Travis Greene, Galit Shmueli, Jan Fell, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Big data and algorithmic risk prediction tools promise to improve criminal justice systems by reducing human biases and inconsistencies in decision-making. Yet different, equally justifiable choices when developing, testing and deploying these socio-technical tools can lead to disparate predicted risk scores for the same individual. Synthesising diverse perspectives from machine learning, statistics, sociology, criminology, law, philosophy and economics, we conceptualise this phenomenon as predictive inconsistency. We describe sources of predictive inconsistency at different stages of algorithmic risk assessment tool development and deployment and consider how future technological developments may amplify predictive inconsistency. We argue, however, that in a diverse and …
Driving-Decision Making Of Autonomous Vehicle According To Queensland Overtaking Traffic Rules, Hanif Bhuiyan, Guido Governatori, Avishkar Mahajan, Andry Rakotonirainy, Meng Weng (Huang Mingrong) Wong
Driving-Decision Making Of Autonomous Vehicle According To Queensland Overtaking Traffic Rules, Hanif Bhuiyan, Guido Governatori, Avishkar Mahajan, Andry Rakotonirainy, Meng Weng (Huang Mingrong) Wong
Centre for Computational Law
Making a driving decision according to traffic rules is a challenging task for improving the safety of Autonomous Vehicles (AVs). Traffic rules often contain open texture expressions and exceptions, which makes it hard for AVs to follow them. This paper introduces a Defeasible Deontic Logic (DDL) baseddriving decision-making methodology for AVs. We use DDL to formalize traffic rules and facilitate automated reasoning. DDL is used to effectively handle rule exceptions and resolve open texture expressions in rules. Furthermore, we supplement the information provided by the traffic rules by an ontology for AV driving behaviour and environment information. This methodology performs …
Digital Services Trade And Trade Agreements, Henry S. Gao
Digital Services Trade And Trade Agreements, Henry S. Gao
Research Collection Yong Pung How School Of Law
Trade agreements have become the main forum for the regulation of digital services trade issues over the past decade. This chapter provides a comprehensive examination of the regulation of digital services trade in trade agreements, first reviewing the rules in the World Trade Organization (WTO), then comparing the approaches between the United States (US), the People’s Republic of China (PRC), and the European Union (EU), and explaining the reasons for their deep differences. This chapter further analyzes such provisions in trade agreements in Asia and the Pacific, which has become one of the most dynamic regions in terms of new …
The Investment Chapter In The Regional Comprehensive Economic Partnership: Enhanced Rules Without Enforcement Mechanism, Henry S. Gao
The Investment Chapter In The Regional Comprehensive Economic Partnership: Enhanced Rules Without Enforcement Mechanism, Henry S. Gao
Research Collection Yong Pung How School Of Law
This Chapter examines the legal rules in the investment chapter in the Regional Comprehensive Economic Partnership (RCEP). It starts with an overview and summary of the main provisions in the chapter, followed by an assessment of the rules by comparing established free trade agreements (FTAs), especially the Comprehensive and Progressive Trans-Pacific Partnership. In particular, it notes that the chapter, whilst largely following the established approaches to investment in other FTAs, also includes important twists to the common rules to favour the host states. The last part discusses the conspicuous absence of an investor-state dispute settlement mechanism, its pros and cons, …
Buyer Beware: Avoiding Pitfalls When Buying Fine Art, Gerard Ng, Vincent Ooi
Buyer Beware: Avoiding Pitfalls When Buying Fine Art, Gerard Ng, Vincent Ooi
Research Collection Yong Pung How School Of Law
Our article introduces the reader to crucial concepts such as provenance, authenticity and ownership of fine art. It explains how one can check the established art databases and registers to conduct due diligence searches.We also explain the importance of a written contract for both buyers and sellers. The current common practice of transacting without a written contract can lead to considerable difficulties if issues with the artwork are discovered in the future.At the minimum, a contract should make it clear that the seller has the full responsibility for the accuracy of the provenance, particularly in cases where the artwork has …
The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi
The Curious Case Of The 0.1 Per Cent Service Charge, Vincent Ooi
Research Collection Yong Pung How School Of Law
Just before 1 August 2022, a coffeeshop zi char chain announced that it would impose a 0.1% service charge. This decision was reversed within two weeks due to "customers' reactions".While the rate might appear to be absurdly low and not worth the trouble of imposing, this article suggests that there was more to the situation than first meets the eye. GST regulations require merchants to list GST inclusive prices unless the goods and services are provided by hotels and F&B outlets that are subject to a service charge. The 0.1% rate is thus explicable as a likely attempt to get …
Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson
Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
A review of the book Mediation ethics: A practitioner's guide, edited by Omer Shapira. Mediation ethics have been consistently featured in mediation training courses and mediation ethical principles have also been encapsulated in mediation providers’ codes of conduct for mediators. However, mediation ethics have probably inspired fewer publications and academic discussions than the popular topic of mediation skills. It is thus timely that Shapira has edited this publication focusing on mediation ethics. Published in 2021, this collection of reflections on mediation ethics has been written primarily for the American mediation profession, with frequent references made to the US Model Standards …
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Interests, Vincent Ooi
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Interests, Vincent Ooi
Research Collection Yong Pung How School Of Law
As a response to the “missing beneficial owner” problem highlighted by the Zhao Hui Fang case, amendments have been made to Singapore’s stamp duty regime. ABSD will now be levied at 35% on transfers of residential property to trustees, with a remission available if certain conditions are met. These conditions effectively mean that residential property held on inter vivos trusts in Singapore must be given to beneficiaries without conditions or powers of revocation or variation. This has major ramifications for succession planning, since such restrictions largely defeat the purpose of using a trust to hold property in the first place.
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Equity Interests, Vincent Ooi
Holding Residential Property On Inter Vivos Trusts In Singapore: Transfers Of Equity Interests, Vincent Ooi
Research Collection Yong Pung How School Of Law
Following amendments to the ACD regime in Singapore, transferring equity interests to and from a trust with no beneficial owners will attract ACD, as will the exercise of a power of appointment by a trustee to grant equity interests to a beneficiary. Renunciation of interests in a bare trust will also attract ACD. Together with the introduction of ABSD (Trust), it is now impractical to use trusts to hold residential properties for succession planning purposes. Remaining options are to gift the properties without any strings attached or bequeath the properties in a will and risk subsequent changes to death taxation.
Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon
Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon
Research Collection Yong Pung How School Of Law
In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.
Making Singapore A Regional Centre For Philanthropy, Kim Kit Ow, Vincent Ooi
Making Singapore A Regional Centre For Philanthropy, Kim Kit Ow, Vincent Ooi
Research Collection Yong Pung How School Of Law
The article highlights the strong ecosystem in Singapore where charitable initiatives are supported and encouraged, and builds on DPM Lawrence Wong's recent comments that the Government is reviewing its tax incentive schemes to encourage increased philanthropic giving.As a starting point, we suggest three simple ways in which tax incentives could be enhanced:1) increasing the enhanced tax deduction for donations from the current 2.5 times the amount of qualifying donations to 3 times for certain causes where there is a significant amount of public spending;2) extending the period for which tax deductions for donations can be carried forward for from the …
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Promoting Constitutional Literacy: What Role For Courts?, De Maartje Visser
Research Collection Yong Pung How School Of Law
This article explores the role of constitutional judges in advancing constitutional literacy, understood as knowledge relating to the functioning of the constitutional order. Part of the inquiry is descriptive and geared towards identifying the modalities that courts today use to cultivate such literacy among the public, or segments thereof. The article also poses normative questions about literacy-boosting efforts. How do these relate to typical judicial functions? Are courts well-placed and equipped to disseminate constitutional knowledge? Based on an analysis of judicial practices, it is suggested that lay individuals are increasingly treated as a key constituency by courts, warranting the development …
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.
Of Landlords And Tenants: Property In The Midst Of A Pandemic, Seng Wei, Edward Ti
Of Landlords And Tenants: Property In The Midst Of A Pandemic, Seng Wei, Edward Ti
Research Collection Yong Pung How School Of Law
Described as the crisis of our generation, the coronavirus pandemic has had a profound effect on consumption behaviour, in turn devastating businesses globally. Marking a departure from the sanctity of contract and causing perceived incursions to accrued legal rights, the Coronavirus Act 2020 and related legislation provide business tenancies protection, among others, against forfeiture for non-payment of rent. While this regulation of commercial tenancies appears to be justified on the basis of pragmatic utility, I suggest that Honoré’s incident of ownership prohibiting harmful use also allows for these emergency laws to be vindicated from a property perspective. This provides an …
Lawbreaker: An Approach For Specifying Traffic Laws And Fuzzing Autonomous Vehicles, Yang Sun, Christopher M. Poskitt, Jun Sun, Yuqi Chen, Zijiang Yang
Lawbreaker: An Approach For Specifying Traffic Laws And Fuzzing Autonomous Vehicles, Yang Sun, Christopher M. Poskitt, Jun Sun, Yuqi Chen, Zijiang Yang
Research Collection School Of Computing and Information Systems
Autonomous driving systems (ADSs) must be tested thoroughly before they can be deployed in autonomous vehicles. High-fidelity simulators allow them to be tested against diverse scenarios, including those that are difficult to recreate in real-world testing grounds. While previous approaches have shown that test cases can be generated automatically, they tend to focus on weak oracles (e.g. reaching the destination without collisions) without assessing whether the journey itself was undertaken safely and satisfied the law. In this work, we propose LawBreaker, an automated framework for testing ADSs against real-world traffic laws, which is designed to be compatible with different scenario …
Exporting The First Amendment Through Trade: The Global 'Constitutional Moment' For Online Platform Liability, Han-Wei Liu
Exporting The First Amendment Through Trade: The Global 'Constitutional Moment' For Online Platform Liability, Han-Wei Liu
Research Collection Yong Pung How School Of Law
The U.S. in the recent United States-Mexico-Canada Agreement and U.S.-Japan Digital Trade Agreement adopts a new clause which mirrors Section 230 of the Communications Decency Act of 1996, shielding online intermediaries from third-party contents liability. For policymakers, the seemingly innocuous “Interactive Computer Services” title creates the fundamental challenge in balancing free speech against competing interests in the digital age. This Article argues against globally normalizing this clause through its diffusion in trade deals. Internally, as the Biden Administration has offered a clean slate to discuss reforms to the controversial regime, it is unwise for U.S. trade negotiators to export the …
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.
Novation And Advance Consent, Kwan Ho Lau
Novation And Advance Consent, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Professor Goode once observed that “Novation need not be left to ad hoc agreement; it is open to the parties to provide for it in advance and in particular to establish a contractual mechanism by which novation takes place automatically on the occurrence of a designated act or event”. This deceptively straightforward proposition is examined in the present article. It explores the legal footing for, and the risks in adopting a pristine version of, the proposition, and considers possible safeguards that may be incorporated within the process of scrutiny, if in any case there arises concern over the effectiveness of …
Secured Transactions Law In Asia: Principles, Perspectives And Reform By Louise Gullifer And Dora Neo, Wee Ling Loo
Secured Transactions Law In Asia: Principles, Perspectives And Reform By Louise Gullifer And Dora Neo, Wee Ling Loo
Research Collection Yong Pung How School Of Law
Secured Transactions Law in Asia: Principles, Perspectives and Reform is the third in a series of works that critically examine secured transactions law reform around the world. From a focus on reforms in Europe in the first book to reforms in Africa in the second, this third volume looks at Asia, and specifically at reforms in 13 major Asian jurisdictions: China, Indonesia, Japan, Philippines, South Korea, Taiwan, Thailand, Vietnam, Brunei Darussalam, Bangladesh, India, Pakistan and Singapore. The collection of essays by leading experts from academia, legal practice and the World Bank Group was first presented at a 2018 conference jointly …
Tax Challenges In Debt Financing Involving Digital Tokens, Vincent Ooi
Tax Challenges In Debt Financing Involving Digital Tokens, Vincent Ooi
Research Collection Yong Pung How School Of Law
When digital tokens are used in debt finance, one cannot assume that the same orthodox tax treatment will apply. The highly specific nature of tax provisions means that they may apply very differently once digital tokens rather than fiat currency are involved. Through a case study of Singapore law, this article shows that if debt finance transactions involving digital tokens are not carefully structured, there may be severe tax consequences, including the inability to deduct borrowing costs or benefit from common tax incentives, and the possible incurrence of additional tax liabilities. This article submits that, under Singapore tax law, it …
The Polar Silk Road And The Future Governance Of Northern Sea Route, Nengye Liu, Jan Jakub Solski
The Polar Silk Road And The Future Governance Of Northern Sea Route, Nengye Liu, Jan Jakub Solski
Research Collection Yong Pung How School Of Law
This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS). The comparison of domestic legislations aims to provide a detailed analysis on convergence and divergence of their implementation and enforcement of the UNCLOS on …
User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong
User Guided Abductive Proof Generation For Answer Set Programming Queries, Avishkar Mahajan, Martin Strecker, Meng Weng (Huang Mingrong) Wong
Research Collection Yong Pung How School Of Law
We present a method for generating possible proofs of a query with respect to a given Answer Set Programming (ASP) rule set using an abductive process where the space of abducibles is automatically constructed just from the input rules alone. Given a (possibly empty) set of user provided facts, our method infers any additional facts that may be needed for the entailment of a query and then outputs these extra facts, without the user needing to explicitly specify the space of all abducibles. We also present a method to generate a set of directed edges corresponding to the justification graph …