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Full-Text Articles in Social and Behavioral Sciences

The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong Dec 2017

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 …


The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh Dec 2017

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 …


International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan Dec 2017

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 …


The Rcep And Its Investment Rules: Learning From Past Chinese Ftas, Heng Wang Oct 2017

The Rcep And Its Investment Rules: Learning From Past Chinese Ftas, Heng Wang

Research Collection Yong Pung How School Of Law

China’s free trade agreements (FTAs) reveal malleability as the most striking feature. The paper analyzes the following questions: what is the trend of China’s fta approach to investment concerning malleability? Is China a rule follower, shaker or maker? How may China approach the Regional Comprehensive Economic Partnership (RCEP) regarding investment? It argues first that the malleability will probably expand from investment protection to investment liberalization. China converges with deep ftas regarding investment protection and may incrementally move to investment liberalization. Second, increased malleability of China’s ftas exists in regulatory autonomy and investor-state dispute settlement. Third, China is likely to be …


The Asian Perspective On Smes In International Economic Law: Opportunities And Challenges Arising From The Tpp, Heng Wang May 2017

The Asian Perspective On Smes In International Economic Law: Opportunities And Challenges Arising From The Tpp, Heng Wang

Research Collection Yong Pung How School Of Law

The Trans-Pacific Partnership (TPP) is likely to have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. The key question will be analysed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the key benefits the TPP can be expected to bring for SMEs are enhanced market liberalization and a more predictable regulatory environment. Second, the TPP poses serious challenges for SMEs (eg insufficiency of the opportunities to SMEs, the complexity of rules, difficulties in rule interpretation and implementation, and remaining regulatory differences), but different types …


Can Wto Law Keep Up With The Internet?, Henry Gao Apr 2017

Can Wto Law Keep Up With The Internet?, Henry Gao

Research Collection Yong Pung How School Of Law

The regulation of Internet activities presents special challenges to the World Trade Organization (WTO), as its rules were mostly formulated in the pre-Internet era. The first difficulty lies in determining whether Internet activities should be classified as goods or services, as they are subject to different regulatory frameworks. Traditionally, the General Agreement on Tariffs and Trade (GATT) only applies to goods. It was not until the establishment of the WTO in 1995 that services trade was finally brought within the scope of the multilateral trading system. While some activities, such as the online delivery of books and audiovisual products could …


The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer Jan 2017

The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

The international investment law regime is undergoing a process of reform. The guiding paradigm of this reform is the principle of sustainable development. The EU, through its exclusive competence over foreign direct investment, has become a significant actor on the stage of international investment law governance. According to recent statements of the EU institutions, the EU seeks to shape its policy to be consistent with the principle of sustainable development. In more concrete terms this means that EU investment law making shall be consistent with core labour standards, environmental protection and the conservation of natural resources as well as with …