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Articles 1 - 30 of 45
Full-Text Articles in Social and Behavioral Sciences
"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang
"Takings" And "Givings" In Singapore: Land Law And Policy In The Search For Justice, Rachel Phang
Research Collection Yong Pung How School Of Law
In the United States and globally, cities are increasingly plagued by deepening housing crisis and widening economic inequality. In the face of these crises, this Article focuses on the potentially powerful role for land law and policy in the search for justice. Specifically, it does so by reference to two unusual yet illuminating choices of theory and application: the case study of Singapore, and the school of thought of Georgism, both of which accord inordinate and paramount importance to land. Singapore’s land law and policy have been characterized by extensive takings and givings of land. In consequence, the State owns …
Regulating Online Hate Speech: The Singapore Experiment, Siyuan Chen
Regulating Online Hate Speech: The Singapore Experiment, Siyuan Chen
Research Collection Yong Pung How School Of Law
In Singapore, the introduction of the Protection from Online Falsehoods and Manipulation Act 2019 (POFMA) generated considerable debate and feedback. One of the main concerns was whether the law would unduly restrict the freedom of expression. In focusing on the provisions of POFMA that could possibly apply to hate speech, this paper situates the criticisms within the larger framework of international human rights law and international practices and proposes some ways forward to improve the regulatory framework for online hate speech.
Trust And Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay
Trust And Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay
Research Collection Yong Pung How School Of Law
With the desired outcome of social good within the wider robotics ecosystem, trust is identified as the central adhesive of the human–robot interaction (HRI) interface. However, building trust between humans and robots involves more than improving the machine’s technical reliability or trustworthiness in function. This paper presents a holistic, community-based approach to trust-building, where trust is understood as a multifaceted and multi-staged looped relation that depends heavily on context and human perceptions. Building on past literature that identifies dispositional and learned stages of trust, our proposed decision to trust model considers more extensively the human and situational factors influencing how …
Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene
Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene K B Tan, Associate Professor of Law at the Yong Pung How School of Law, Singapore Management University, considers Singapore’s response to the threat of terrorism following 9/11. This essay is based on an article published in the journal, Law and Policy (2009).
Licence To Lock: The Overextension Of Technological Protection Measures, Vincent Ooi
Licence To Lock: The Overextension Of Technological Protection Measures, Vincent Ooi
Research Collection Yong Pung How School Of Law
As digital goods gain traction and technological advancements that enable and facilitate piracy develop, technological protection measures (‘TPMs’) have become indispensable tools for content-producers to safeguard their intellectual property (‘IP’) rights. Like other intellectual property laws, there is an inherent tension in TPM protection provisions between safeguarding the content-producers’ IP rights and the consumers’ collective legitimate right to access works. TPM protection may be overly broad in two major ways. Firstly, by an inefficacious transposition of the rights and authority requirements, which stems from Article 11 of the WIPO Copyright Treaty. Secondly, by an overly-broad protection of TPMs in domestic …
Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene
Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Strong people-to-people ties can help temper political histrionics, moderate negative impact on political ties. The tantalising prospect of being able to leave Singapore and arrive in Kuala Lumpur in just 90 minutes remains a pipe dream after the High Speed Rail (HSR) agreement was terminated last Friday, along with what could have been an important confidence booster to bilateral ties between Singapore and Malaysia.
The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser
The Future Is Urban: The Progressive Renaissance Of The City In Eu Law, De Maartje Visser
Research Collection Yong Pung How School Of Law
For much of the European integration process, local authorities have been on the legal margins. Yet many amongst this group, and cities in particular, consider themselves as important players in realising the Union’s overarching policy objectives. This view is slowly but surely fi nding traction with the EU’s political institutions. This article suggests that the future architecture of the European Union’s (EU’s) operating system will evince a rapprochement between the socio-economic clout of local authorities, notably cities, and their legal-political recognition at Union level. It further suggests that there is room for greater conceptual clarity along two lines when interrogating …
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
From Third World To First World: Law And Policy In Singapore’S Urban Transformation And Integration, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The physical transformation of a colonial backwater city, Singapore, in one generation has been described as a feat of urban planning, renewal, and development. Less studied is the political will of the government to create a thriving city fit for purpose. Even less studied is the role of law that provides the powerful levers for the rapid and deep-seated changes to the urban landscape in Singapore. In this regard, the mindset shift that accompanied the massive urban transformation has facilitated a national psyche that embraces the material dimension of progress, for which urban renewal is not just a mere indicator …
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Legal Constraint In Emergencies: Reflections On Carl Schmitt, The Covid-19 Pandemic And Singapore | Symposium On Covid-19 & Public Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The controversial legal theorist Carl Schmitt’s challenge to the possibility of meaningful legal constraint on executive power in emergencies could not be more relevant in a world struggling to deal with Covid-19. Scrambling against time, governments around the world have declared states of emergency and exercised a swathe of broad executive powers in an effort to manage this highly infectious disease. In times like these, if Schmitt is indeed right that emergencies cannot be governed by law, we are on the cusp of (or perhaps have already entered) a post-law world – where the business of government is characterised by …
Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez
Global Guide: Measures Adopted To Support Businesses Through The Covid-19 Crisis: Singapore, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
After the outbreak of the coronavirus (COVID-19), the Singapore Government responded with a quick and comprehensive package of legal, economic and financial measures that sought to put the economy into hibernation and avoid the destruction of jobs and viable businesses, at least while companies were unable to generate revenues and cash-flows due to a variety of factors, including travel restrictions and lockdowns imposed in many countries around the world. To that end, the Government spent SGD$97.3 billion (that is, around 20% of the country’s GDP) to support businesses, households and employees. Most of this financial support was given in the …
In Singapore, Laws Are Necessary For Trickle-Down Policies To Work, Tan K. B. Eugene
In Singapore, Laws Are Necessary For Trickle-Down Policies To Work, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the necessity for laws in order for trickle-down policies to work. He explained that while the three-in-one Unity, Resilience, and Solidarity Budgets demonstrate the resolve of Singapore to ensure businesses and households are helped amid the public health concerns and the economic fallout of the COVID-19 global pandemic, self-seeking behaviour can undermine well-intended measures as trickle down outcomes end up not materialising. However, he noted that laws have their limitations too, and concluded that an internally driven mode of compliance could be far more effective.
Amid Uncertainties, An Uplifting Reminder On Importance Of Resilience And Resolve For Singapore, Tan K. B. Eugene
Amid Uncertainties, An Uplifting Reminder On Importance Of Resilience And Resolve For Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that Prime Minister Lee Hsien Loong's National Day Rally (NDR) speech is an uplifting reminder on the importance of having resilience and resolve for Singapore, amid uncertainties such as the slowing economy and Sino-American rivalry. He pointed out that the one common thread across the three speeches is the forging of a unique Singapore identity and ethos and the centrality of staying united even as external forces are buffeting Singapore relentlessly. Assoc Prof Tan believed that the themes from the NDR will continue to resonate from now to next …
Quest For Relevance: Whither The Asean Charter In Shaping A Shared Regional Identity And Values, Tan K. B. Eugene
Quest For Relevance: Whither The Asean Charter In Shaping A Shared Regional Identity And Values, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Promulgated in 2007, the Charter of the Association of Southeast Asian Nations (ASEAN) reaffirms ASEAN’s longstanding policy of non-interference in member-states’ internal affairs and the retention of consultation and consensus as fundamental tenets of decision-making in ASEAN. This essay considers the role of soft law in the interpretation and development of the ASEAN Charter. It also considers whether the Charter will help ASEAN achieve integration as well as promote democracy, human rights and development in an immensely diverse region comprising half a billion people. The essay argues that although the Charter is a binding legal instrument, the text enables a …
Ns Deferment: It’S All About Equity, Tan K. B. Eugene
Ns Deferment: It’S All About Equity, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan believed that the recent national service (NS) deferment issue regarding 17-year-old footballer Benjamin James Davis is all about equity and that the Ministry of Defence is right in ensuring that enlistment criteria are fair and applicable to all male citizens. He added that such a cause has to be closely guarded and anything less would result in NS losing public support.
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 …
50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene
50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan contributed an opinion piece which argued that National Service (NS) provides Singapore with a security umbrella under which economic and commercial ambitions and aspirations can be purposefully pursued. Beyond its primary role as a defence force, NS has immense potential to shape society by nurturing national and civic consciousness, critical for Singapore’s multiracial society. “Given the extensive commitment, efforts continue to be made to strengthen the tripartite relationship between the Ministry of Defence and SAF [Singapore Armed Forces], employers and NSmen [men engaged in National Service]. They include recognising supportive employers and businesses, …
The Legality Of Data Residency Requirements: How Can The Trans-Pacific Partnership Help?, Shin-Yi Peng, Han-Wei Liu
The Legality Of Data Residency Requirements: How Can The Trans-Pacific Partnership Help?, Shin-Yi Peng, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Article 14.13 of the Trans-Pacific Partnership (TPP) Agreement – the data localization (DL) clause – represents the first time that a far-reaching preferential trade agreement (PTA) seeks to reduce protectionism arising from data residency (DR) requirements. The DL clause, however, is linked to a loose GATT Article XX-like exception: Article 14.13(3)(b), which allows the parties to maintain DR measures to achieve a legitimate public policy objective as long as the measure in question can satisfy the ‘necessity test’. The ambiguity of the DL exception will be clarified by TPP tribunals when a real dispute occurs. After examining the rationales of …
Singapore: From Planned Chaos To A Distinctive City, Tan K. B. Eugene
Singapore: From Planned Chaos To A Distinctive City, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan highlighted that Singapore is a living laboratory by which its development and urban planning experience and expertise can be studied and harnessed by other cities in the urbanisation and human development journey. He noted that while Singapore's urban planning experience may not be directly relevant to other cities, its experience suggests that political will with public support, innovation, and boldness can make a vital difference in urban planning outcomes. He added that all these require thoughtful decisions on resource allocation and policy choices that deeply engage all stakeholders.
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.
Pushing Aggressively For Political Renewal, Tan K. B. Eugene
Pushing Aggressively For Political Renewal, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In one of the most anticipated Cabinet reshuffles that precedes the cusp of a leadership transition, Prime Minister Lee Hsien Loong did not disappoint and kept to his word to “push aggressively” for political renewal and succession. While change amid continuity is an apt description for the new line-up, there is no doubting that the emphasis is clearly on change.
预算幸与堕韧的中严阶层, Tan K. B. Eugene
预算幸与堕韧的中严阶层, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.
Little India Riot: The Dog That Did Not Bark, Tan K. B. Eugene
Little India Riot: The Dog That Did Not Bark, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law and NMP Eugene Tan said that in the aftermath of the Little India riots, the focus and dominant narrative had been on law and order issues, with the Government emphasising that it was a spontaneous "one-off" event. He said that there was a need to consider if Singapore was prepared to shoulder more of the costs of having a large foreign labour force. However, he also noted that an immediate cutback of the workforce size would be simplistic and is not the solution, as reducing reliance on foreign workers could not be …
Sleepwalking To Disharmony, Tan K. B. Eugene
Sleepwalking To Disharmony, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary on racial relations in Singapore, SMU Associate Professor of Law and NMP Eugene Tan pointed out that the findings of the Indicators of Racial and Religious Harmony survey jointly conducted by the Institute of Policy Studies and OnePeople.sg demonstrated that we did well where it involved a strong public sphere/space element. However, we did not do as well in indicators that had a closer nexus to the private sphere and how we viewed Singaporeans of other races. Associate Prof Tan opined that the four indicators where we did not fare as well (but were still positive overall) …
At The Threshold Of A New Singapore, Tan K. B. Eugene
At The Threshold Of A New Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law and NMP Eugene Tan shared his views on Prime Minister Lee Hsien Loong's National Day Rally Speech. He noted that PM Lee had outlined a vision for Singapore that epitomised opportunity, hope, fairness and social solidarity. This, marked a new direction in governance, and would form the basis of a strategic reconceptualisation of Singapore's future and how we would get there. Associate Prof Tan noted that with the call for a fundamental relook of policies, Singapore Inc's hedonistic treadmill, with its emphasis on economic values, affluence and consumption, must now compete for …
Emphasise Values In The Public Service, Tan K. B. Eugene
Emphasise Values In The Public Service, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law and Nominated Member of Parliament Eugene Tan highlighted the importance of emphasising values in public service, especially in light of the recent series of high-profile and sensational cases involving public servants. He noted that the emphatic assurances given by political and Public Service leaders after each case - that such misconduct is the exception rather than the norm - may lack convincing power, with the public believing that they are but the tip of the iceberg, with lesser misdemeanours not publicised because they were subjected to internal disciplinary sanctions. Associate Prof Tan questioned whether there …
Make Sure All Kinds Of Voices Are Heard, Tan K. B. Eugene
Make Sure All Kinds Of Voices Are Heard, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and Nominated MP Eugene Tan wrote about the “national conversation” initiative of the government to engage members of the general public in dialogue and policy making. He argued that all kinds of voices must be heard and the conversation must not be one where the “converted” are talking with the “converted” nor should it be dominated by the “vocal minority”.
Is Nimby Flak An Excuse Not To Engage?, Tan K. B. Eugene
Is Nimby Flak An Excuse Not To Engage?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor of Law and Nominated MP Eugene K B Tan, and Adjunct Professor of Strategy and Organisation Patrick H M Loh examine the recent opposition by members of the public to the building of facilities such as nursing homes, homes for the elderly and rehabilitation centres in their neighbourhoods.
Laws, Institutions And Transboundary Pasture Management In The High Pamir And Pamir-Alai Mountain Ecosystem Of Central Asia, Michelle Mei Ling Lim
Laws, Institutions And Transboundary Pasture Management In The High Pamir And Pamir-Alai Mountain Ecosystem Of Central Asia, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
Enhanced rangeland governance is a priority for the governments of the post-Soviet Central Asian states of the Kyrgyz Republic and Tajikistan. Major transitional challenges confront the newly independent states of Central Asia. These challenges include the withdrawal of subsidies previously provided by the centralised Soviet government; moves towards privatisation and the conversion of administrative boundaries to international boundaries. In this context transboundary approaches to rangeland management are essential. This paper highlights the challenges for effective pasture management in the Pamir, Pamir-Alai ecosystem; the inadequacies of pasture-related legal instruments and the absence of institutions for the implementation of these instruments. Transboundary …
Have We Become A Template Nation?, Tan K. B. Eugene
Have We Become A Template Nation?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In his commentary, SMU assistant professor of law Eugene Tan observed that last week's three MRT service breakdowns have raised concerns over whether our public transport system is able to cope with the increased commuter load and public expectations. While the road and rail infrastructure has grown significantly in the last few years, doubts now fester as to whether the relevant organisations, the people who run them and the systems and policies, have kept pace.
Selling Singaporeans On The Isa, Tan K. B. Eugene
Selling Singaporeans On The Isa, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene Tan said that allowing judges to review both procedural requirements of preventive detention orders issued under the Internal Security Act would help to bolster public confidence and trust.