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Social and Behavioral Sciences Commons™
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International and Area Studies
Singapore Management University
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Articles 31 - 60 of 61
Full-Text Articles in Social and Behavioral Sciences
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution [2015], Man Yip
Restitution [2015], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
How to ensure that minorities can be periodically elected, if we have not had a minority President for some time, is probably the most controversial term of reference for the high-powered Constitutional Commission chaired by Chief Justice Sundaresh Menon.
Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry 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.
The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo
The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo
Research Collection Yong Pung How School Of Law
For the interpretation of clauses that purportto allow a contracting party, the proferens, to exclude or limit, or beindemnified against, liability that arises by reason of his or his agents’negligence, certain principles were laid down by the Privy Council in 1952 inCanada Steamship Lines Ltd v The King. Famously known as the ‘Mortonprinciples’ (named after Lord Morton who delivered the judgment of the PrivyCouncil) or the ‘Canada SS rules’ or guidelines, they prescribe a three-steptest to determine if these clauses effectively provide the protection sought bythe proferens. In Singapore, the Court of Appeal in Marina Centre Holdings PteLtd v Pars …
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy. By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit. As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …
Singlish – A Uniquely Singaporean Threat, Tan K. B. Eugene
Singlish – A Uniquely Singaporean Threat, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In 2013 and 2014, I taught two graduate-level summer seminars at South Korea’s Yonsei University Law School. Although English was not their first language, my Korean students participated in class discussions, made oral presentations and sat for an examination — all in English, albeit without the same fluency of my Singaporean students.
We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser
We All Stand Together: The Role Of The Association Of Asian Constitutional Courts And Equivalent Institutions In Promoting Constitutionalism, Maartje De Visser
Research Collection Yong Pung How School Of Law
This article critically evaluates the interplay among courts with constitutional jurisdiction in Asia. This is done in the specific context of the Association of Asian Constitutional Courts and Equivalent Institutions (AACC). The article finds that the AACC has to date made only a nominal contribution to cultivating inter-court relations in furtherance of common goals and advances the claim that its members ought to rectify this state of affairs. On the one hand, transnational judicial alliances have instrumental value for participating courts in the discharge of their mandate. On the other hand, the AACC can be a useful conduit in nurturing …
The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In Lim Meng Suang v Attorney-General (2014), the Singapore Court of Appeal held that s 377A of the Penal Code, which criminalises acts of “gross indecency” between men whether occurring in public or private, does not infringe either the rights to equality and equal protection guaranteed by Art 12(1), or the rights to life and personal liberty guaranteed by Art 9(1) of the Constitution. This article examines the analyses of the latter provision by the Court of Appeal in Lim Meng Suang, and by the High Court in Tan Eng Hong v Attorney-General (2013) which was one of the two …
Voters’ Choice Showed Their Pragmatic Side, Tan K. B. Eugene
Voters’ Choice Showed Their Pragmatic Side, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The electoral victory by the People’s Action Party’s (PAP) Murali Pillai in Saturday’s by-election in Bukit Batok did not come as a surprise. Mr Murali won 61.2 per cent of the votes, defeating Singapore Democratic Party’s (SDP) Chee Soon Juan in a straight fight.
How Should We Honour Our Pioneers Properly?, Tan K. B. Eugene
How Should We Honour Our Pioneers Properly?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Last Wednesday’s commemoration of the passing of Singapore’s first Prime Minister Lee Kuan Yew revealed a nation-state coming to terms with the fact that the first among equals in the founding generation of leaders is no longer with us.
Will Tan Cheng Bock’S “Political Gambit” For Presidency Pay Off?, Tan K. B. Eugene
Will Tan Cheng Bock’S “Political Gambit” For Presidency Pay Off?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Emeritus Senior Minister Goh Chok Tong described Dr Tan’s move as a “calculated political gambit”, which came as a nine-member Constitutional Commission is reviewing the Elected Presidency framework, including the eligibility criteria for candidates. Mr Goh added that Dr Tan risked being misunderstood that he was trying to influence the Commission’s work.
The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip
The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip
Research Collection Yong Pung How School Of Law
The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established to …
A Vanishing Silhouette: Acts Of State Doctrine(S) And Interim Relief In Singapore, Mahdev Mohan
A Vanishing Silhouette: Acts Of State Doctrine(S) And Interim Relief In Singapore, Mahdev Mohan
Research Collection Yong Pung How School Of Law
This digest examines the intersection between the act of State doctrine, and the power of Singapore courts under Singapore's International Arbitration Act ("IAA") to grant interim relief. It is well settled that this private international law doctrine can be applied by courts at common law when they examine purported sovereign acts of a foreign government to decide on whether they ought to assume or decline jurisdiction.
Mr Lee’S Lasting Legacy: A S’Pore That Continues To Thrive, Tan K. B. Eugene
Mr Lee’S Lasting Legacy: A S’Pore That Continues To Thrive, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Life goes on, a year since Mr Lee Kuan Yew’s passing. This is a reflection of the evolution and adaptability of the Lee Kuan Yew governance model since he stood down as Prime Minister in 1990.
Submission On Specific Aspects Of The Elected Presidency, Jack Tsen-Ta Lee
Submission On Specific Aspects Of The Elected Presidency, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This submission, to which minor redactions have been made, was prepared in response to a call for public feedback (archived here) by the Constitutional Commission to study and make recommendations on specific aspects of the Elected Presidency chaired by the Honourable Chief Justice Sundaresh Menon.
Modernising Company Law: The Singapore Experience, Pey Woan Lee, Christopher C. H. Chen
Modernising Company Law: The Singapore Experience, Pey Woan Lee, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
In October 2014, the Singapore Parliament passed the Companies (Amendment) Act 2014 (Singapore). Encompassing the most comprehensive revision of corporate legislation in the history of Singapore, this Act has been implemented in two phases. This article will consider the impetus for as well as the salient themes that guided this wide-ranging review in the period 2014-2016.
Use Our Diversity To Strengthen Social Cohesion, Tan K. B. Eugene
Use Our Diversity To Strengthen Social Cohesion, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Two Cabinet Ministers recently offered a sobering view of the state of ethnic relations in Singapore, against the backdrop of rising religiosity and global terrorism. Home Affairs and Law Minister K Shanmugam spoke of four threats to social cohesion, including Muslims growing more distant from the rest of society and feelings of Islamophobia among non-Muslims. Environment and Water Resources Minister Masagos Zulkifli reiterated the importance of practising religion suited to the local context and for Muslims not to be influenced by radical foreign ideologies — often easily spread through social media.
Myanmar- A New Law For A New Era, Mahdev Mohan
Myanmar- A New Law For A New Era, Mahdev Mohan
Research Collection Yong Pung How School Of Law
On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.
Upholding The Integrity Of The Ncmp Scheme, Tan K. B. Eugene
Upholding The Integrity Of The Ncmp Scheme, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Last Friday’s combative parliamentary debate on filling Ms Lee Li Lian’s vacated Non-Constituency Member of Parliament (NCMP) seat offered a foretaste of the dynamics between the ruling People’s Action Party (PAP) and the Workers’ Party’s (WP) in the 13th Parliament.
A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene
A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.
The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson
The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the …
Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang
Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang
Research Collection Yong Pung How School Of Law
This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …
The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen
The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen
Research Collection Yong Pung How School Of Law
In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …
Corporate Reorganisation Of China’S Listed Companies: Winners And Losers, Zinian Zhang
Corporate Reorganisation Of China’S Listed Companies: Winners And Losers, Zinian Zhang
Research Collection Yong Pung How School Of Law
This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …
The Illegality Defence In Corporate Law Claims Against Directors And Officers, Wai Yee Wan
The Illegality Defence In Corporate Law Claims Against Directors And Officers, Wai Yee Wan
Research Collection Yong Pung How School Of Law
If a company incurs substantial fines or other pecuniary losses as a result of its unlawful conduct, can the company obtain an indemnity from its director/officer for having caused the company to incur such fines and losses? In particular, can the director/officer utilise the defence of illegality, notwithstanding that he has breached his duties owed to the company? The illegality defence, which raises the twin issues of the relationship between the unlawful act to the corporate claim and the attribution of the unlawful act to the company, has been the subject of detailed analysis recently in England, Singapore and Hong …
China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim
China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim
Research Collection Yong Pung How School Of Law
Despite its rich metallic mineral resources on land,1 the People’s Republic of China (China) has been actively exploring for deep seabed minerals in the international seabed area (the Area).2 The legal framework is provided by the United Nations Convention on the Law of the Sea (LOSC).3 China and the Russian Federation are the only States currently sponsoring exploration of all three types of deep seabed mineral deposit in the Area (polymetallic nodules in the Clarion-Clipperton Fracture Zone, seafloor massive sulphides in the South West Indian Ridge, the Central Indian Ridge, and the Mid-Atlantic Ridge, and cobalt-rich ferromanganese crusts in the …
Much On The Agenda In New Term Of Parliament, Tan K. B. Eugene
Much On The Agenda In New Term Of Parliament, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan highlighted several key issues as President Tony Tan Keng Yam opens the 13th Parliament’s five-year term tomorrow, which include the challenges facing the fourth generation (4G) leaders, the role of the Worker’s Party, as well as the critical issues for Parliament to tackle. Associate Prof Tan said that the 4G leaders will have to develop individual and collective identities and be able to win the confidence and trust of Singaporeans as the leadership transition substantially progresses further in the next few years. He noted that the critical issues for Parliament …
Weighing The Possible Changes To Singapore’S Political System, Tan K. B. Eugene
Weighing The Possible Changes To Singapore’S Political System, 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 key issues outlined by President Tony Tan Keng Yam during his opening address at the first session of the 13th Parliament. Associate Prof Tan noted that President Tan had emphasised that our political system must be refreshed from time to time, as our circumstances change, and that the Government will study this matter carefully, to see whether and how we should improve our political system so that we can be assured of clean, effective, and accountable government over the long term. Associate Prof Tan said …
No U-Turn Needed On The Elected Presidency, Tan K. B. Eugene
No U-Turn Needed On The Elected Presidency, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan cited the commentary "Let's talk about policy failures and the elected presidency" by Professor Kishore Mahbubani, where the latter argued that Singapore’s policy of an elected presidency should be revisited, and perhaps "the time has come to do a U-turn", stop having direct elections and go back to the previous practice of having Parliament elect the president. While Associate Prof Tan noted that Prof Mahbubani's concern is legitimate, he emphasised that the way forward is not a U-turn, but rather, a collective effort to determine how we can reduce the likelihood of electing …