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Articles 1 - 30 of 1203
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Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu
Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …
Assessing Impact Of Urban Densification On Outdoor Microclimate And Thermal Comfort Using Envi-Met Simulations For Combined Spatial-Climatic Design (Cscd) Approach, Shreya Banerjee, Rachel X.Y. Pek, Sin Kang Yik, Graces N. Ching, Xiang Tian Ho, Dzyuban Yuliya, Peter J. Crank, Juan A. Acero, Winston T. L. Chow
Assessing Impact Of Urban Densification On Outdoor Microclimate And Thermal Comfort Using Envi-Met Simulations For Combined Spatial-Climatic Design (Cscd) Approach, Shreya Banerjee, Rachel X.Y. Pek, Sin Kang Yik, Graces N. Ching, Xiang Tian Ho, Dzyuban Yuliya, Peter J. Crank, Juan A. Acero, Winston T. L. Chow
Research Collection College of Integrative Studies
Future urban planning requires context-specific integration of spatial design and microclimate especially for tropical cities with extreme weather conditions. Thus, we propose a Combined Spatial-Climatic Design approach to assess impact of urban densification on annual outdoor thermal comfort performance employing ENVI-met simulations for Singapore. We first consider building bylaws and residential site guidelines to develop eight urban-density site options for a target population range. We further classify annual weather data into seven weather-types and use them as boundary conditions for the simulations. Comparing such fifty-six combined spatial-climatic simulation outputs by analyzing Outdoor Thermal Comfort Autonomy, we report the influence of …
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong
Research Collection Yong Pung How School Of Law
When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have …
Industry Peer Information And The Equity Valuation Accuracy Of Firms Emerging From Chapter 11, Bingxu Fang, Sasan Saiy
Industry Peer Information And The Equity Valuation Accuracy Of Firms Emerging From Chapter 11, Bingxu Fang, Sasan Saiy
Research Collection School Of Accountancy
Valuation plays a central role in determining Chapter 11 reorganization outcomes. However, obtaining accurate valuation estimates of reorganized firms is challenging because of limited firm-specific market-based information and the oft-conflicting incentives of claimholders. We examine the role of industry peer information in reducing misvaluations and its implications for unintended interclaimant wealth transfers and postreorganization performance. First, we find that the availability of relevant industry peer information is negatively associated with equity valuation errors for firms emerging from Chapter 11. Cross-sectional results suggest that the relation between industry peer information and valuation errors varies substantially with debtors’ information environment and case …
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Discovering Significant Topics From Legal Decisions With Selective Inference, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
We propose and evaluate an automated pipeline for discovering significant topics from legal decision texts by passing features synthesized with topic models through penalized regressions and post-selection significance tests. The method identifies case topics significantly correlated with outcomes, topic-word distributions which can be manually interpreted to gain insights about significant topics, and case-topic weights which can be used to identify representative cases for each topic. We demonstrate the method on a new dataset of domain name disputes and a canonical dataset of European Court of Human Rights violation cases. Topic models based on latent semantic analysis as well as language …
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Research Collection Yong Pung How School Of Law
For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …
Public Offices In Processes Of Constitutional Development, J.G. Allen
Public Offices In Processes Of Constitutional Development, J.G. Allen
Research Collection Yong Pung How School Of Law
What factors drive constitutional change and sustain positive transformation? How are democratic values recognised, restored, and preserved through constitutional change? How can these questions be answered in a manner that is relevant to most of the world? This collection brings together leading and emerging scholars and practitioners to explore the relationship between democratic consolidation and constitutional endurance through consideration of recent experiences in seven African and Asian states that have undergone an understudied democratising event in the past decade: Ethiopia, The Gambia, Malaysia, Maldives, Myanmar, Sri Lanka, and Thailand. Building on the empirical surveys, seven thematic chapters offer analytical insights …
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
The metaverse has been widely hailed as a symbol of technological progress, presenting an immersive virtual realm that has the potential to transform how individuals engage in social and commercial activities. However, this conception of a borderless virtual world - which purportedly transcends the capabilities and reach of Web 2.0 - sits uncomfortably with the territorial nature of intellectual property rights. This chapter examines the complexities surrounding the subsistence and enforcement of intellectual property rights within the metaverse, with a specific focus on copyright and trademarks. Especial attention is paid to issues concerning choice of law and jurisdiction. Finally, the …
The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki
The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki
Research Collection School Of Accountancy
In late August 2022, the Lone Star tribunal concluded one of the latest awards in tax-related investment treaty disputes (the tax-related claims account for almost USD 1.5 billion of the total of almost USD 4.7 billion claimed in compensation). It also is the first award in which the tribunal dealt with the application of the substance over form doctrine (SOFD) by tax authorities and courts of the host state to prevent the abuse of a double tax treaty (DTT), and the impact of the refusal to accord the claimants the benefits under the DTT via a domestic (Korean) SOFD on …
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Research Collection Yong Pung How School Of Law
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Two declarations were lodged: first, against Article 8(1) objecting to the direct service of judicial documents upon persons in Singapore through foreign diplomatic or consular agents unless the documents are to be served upon a national of the State from which the documents originate; and secondly, objecting to service of judicial and extrajudicial documents in Singapore by the methods of transmission set …
Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil Morgan, Stanley Yeo
Criminal Law In Myanmar, Wing Cheong Chan, Mark Mcbride, Neil Morgan, Stanley Yeo
Research Collection Yong Pung How School Of Law
A commentary on the Myanmar Penal Code that describes and critically evaluates the general principles of criminal responsibility contained in the Code. This book was originally published in English in 2016. It was republished in Burmese in 2023.
Deontics And Time In Contracts: An Executable Semantics For The L4 Dsl, Seng Joe Watt, Oliver Goodenough, Meng Weng (Huang Mingrong) Wong
Deontics And Time In Contracts: An Executable Semantics For The L4 Dsl, Seng Joe Watt, Oliver Goodenough, Meng Weng (Huang Mingrong) Wong
Research Collection Yong Pung How School Of Law
Existing approaches to modelling contracts often rely on deontic logic to reason about norms, and only treat time qualitatively. Using L4, a textual domain specific language (DSL) for the law, we offer a more operational interpretation of norms, based on states and transitions, that also accounts for the granular timing of events. In this paper, we present a higher-level rendering of the loan agreement from Flood & Goodenough in L4, and an accompanying operational semantics amenable to execution and static analysis. We also implement this semantics in Maude and show how this lets us visualize the execution of the loan …
"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 …
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the WTO twenty years ago, China’s image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China’s perspective on WTO been evolving? What are the reasons behind China’s changing perspective? This chapter addresses these questions from the Chinese perspective with a comprehensive analysis of the key moments in China’s first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.
The Relationship Between Constitutional Equality And Substantive Review, Wei Yao, Kenny Chng
The Relationship Between Constitutional Equality And Substantive Review, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
General equality rights in written constitutions – rights stating the ideal of equality without specifying categories of impermissible differentiation – have often been effected through the idea of equality as rationality. Equality as rationality demands that differentiations between like entities have to be rationally justifiable. Such equality rights are applicable to legislation and executive action. This presents a prima facie overlap with substantive review in common law administrative law, since substantive review is also concerned about the rational justifiability of executive action. This raises three questions: (1) Are both sets of legal principles indeed similar? (2) Have courts managed to …
An Idealist’S Approach For Smart Contract Correctness, Duy Tai Nguyen, Hong Long Pham, Jun Sun, Quang Loc Le
An Idealist’S Approach For Smart Contract Correctness, Duy Tai Nguyen, Hong Long Pham, Jun Sun, Quang Loc Le
Research Collection School Of Computing and Information Systems
In this work, we experiment an idealistic approach for smart contract correctness verification and enforcement, based on the assumption that developers are either desired or required to provide a correctness specification due to the importance of smart contracts and the fact that they are immutable after deployment. We design a static verification system with a specification language which supports fully compositional verification (with the help of function specifications, contract invariants, loop invariants and call invariants). Our approach has been implemented in a tool named iContract which automatically proves the correctness of a smart contract statically or checks the unverified part …
Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee
Face Recognition Under Adverse Viewing Conditions: Implications For Eyewitness Testimony, Charles C. F. Or, Denise Y. Lim, Siyuan Chen, Alan L. F. Lee
Research Collection Yong Pung How School Of Law
Eyewitness testimony forms an important component in deciding whether a case can be prosecuted. Yet, many criminal perpetrators deliberately conceal their faces with disguises or under dim lighting, undermining eyewitness accuracy. This article reviews recent studies to characterize the factors that impair face recognition performance, specifically, various forms of face disguise (e.g., face masks, sunglasses) and different lighting conditions. Research shows that identification accuracy, alongside eyewitness confidence and decision bias, all affect the reliability of eyewitness accounts. A consistent finding across studies is that face-identification accuracy can be improved by matching the viewing conditions during the police lineup with those …
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
Examining The New Standard Of Care For Medical Advice And Patients With Mental Health Conditions, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
In 2017, the Singapore Court of Appeal in Hii Chii Kok v Oii Peng Jin London Lucien (Hii Chii Kok) favoured a patient-centric approach towards issues of providing medical advice. Section 37 of the Singapore Civil Law Act, which took effect on 1 July 2022, stipulates that the standard of care in giving medical advice to patients is based on peer professional opinion. This article will analyse, with reference to other common law jurisdictions, how the new statutory provision applies to patients with mental disorders under the Singapore Mental Capacity Act 2008. It will provide an interpretation of s 37 …
Unpacking Constitutional Literacy, De Maartje Visser, Brian Christopher Jones
Unpacking Constitutional Literacy, De Maartje Visser, Brian Christopher Jones
Research Collection Yong Pung How School Of Law
The contemporary crisis in relation to constitutional literacy relates not to the lack of knowledge that citizens possess about fundamental constitutional texts, but to the considerable lack of development in relation to what constitutional literacy itself entails. This article accordingly unpacks the notion of constitutional literacy: its importance, its characteristics, its variable nature, and its potential downsides. Using a comparative lens, the article invites reflection on the role that we expect citizens to play in our democracies, and especially the associated knowledge and skills required for successful state performance. We suggest that constitutional literacy is exceptionally multifaceted and fluid in …
A Review Of The 2022/23 International Moots Season, Siyuan Chen
A Review Of The 2022/23 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the ninth annual review of Singapore’s performance in international moot court competitions. The preceding season (2021/22) had set a high bar, considering that Singapore law schools took the top two spots in the NICA Law School Rankings. The NICA rankings are based on how law schools throughout the world perform in various international moots, with points weighted according to the scale of the competition. With six championships (including two Grand Slams) as well as a third championship final appearance in the Jessup, SMU took top spot in the NICA rankings for the second time in its history.
Foreword, Vincent Ooi
Foreword, Vincent Ooi
Research Collection Yong Pung How School Of Law
Family law goes beyond divorce cases, often requiring the family law practitioner to advise and assist on matters involving children and young persons, and protection orders. These can be some of the most challenging issues which a person can face and it is not always obvious to someone needing help that they can turn to the law for assistance in appropriate cases. This makes books like this one crucial in spreading the word that help is available, preventing a situation where people facing difficulties might have to suffer in silence.Fung Peen’s first two books on Lasting Powers of Attorney (LPAs) …
Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan
Escape From The Hangman's Noose? Singapore's Discretionary Death Penalty For Drug Traffickers, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
After nearly fifty years of the mandatory death penalty for drug offences, Singapore amended its law in 2012 to give judges a choice in certain situations to impose a sentence of death or life imprisonment instead. However, this change should not be misunderstood as an alteration in Singapore’s zero-tolerance approach towards illegal drugs. Escaping the mandatory death penalty regime under the new law requires fulfilment of strict conditions. This article reviews the exceptional circumstances that are required before judges are given the discretion to impose the death penalty or not and the application of the new law by the Singapore …
Reconsidering The Imposition Of Dual Vicarious Liability In The Borrowed Employee Context: The Singapore Approach In Munshi Mohammad Faiz V Interpro Construction Pte Ltd [2021] 4 Slr 1371 And Hwa Aik Engineering Pte Ltd V Munshi Mohammad [2021] 1 Slr 1288, Danny Ong, Aaron Yoong, Louis Yi Hang Lau
Reconsidering The Imposition Of Dual Vicarious Liability In The Borrowed Employee Context: The Singapore Approach In Munshi Mohammad Faiz V Interpro Construction Pte Ltd [2021] 4 Slr 1371 And Hwa Aik Engineering Pte Ltd V Munshi Mohammad [2021] 1 Slr 1288, Danny Ong, Aaron Yoong, Louis Yi Hang Lau
Research Collection Yong Pung How School Of Law
The limits of the law on dual vicarious liability were recently tested in the decisions of Munshi Mohammad Faiz v Interpro Construction Pte Ltd [2021] 4 SLR 1371 and Hwa Aik Engineering Pte Ltd v Munshi Mohammad [2021] 1 SLR 1288, both before the General and Appellate divisions of the High Court. Against the backdrop of these decisions, this case note argues that the approach laid down by the High Court may go some ways in resolving the tension and assist in settling the perennial question of the role of control in dual vicarious liability. In particular, it is argued …
Effect Of Amended Claim On A Warrant Of Arrest In An Admiralty Action In Rem, Ming En Tor
Effect Of Amended Claim On A Warrant Of Arrest In An Admiralty Action In Rem, Ming En Tor
Research Collection Yong Pung How School Of Law
Suppose I have filed my statement of claim endorsing the writ in rem, and the Registrar has issued a warrant of arrest reflecting this claim. I then proceed to execute a warrant of arrest to arrest a vessel. Now, suppose, however, I later discover that the original claim stated in the warrant of arrest does not exist. I then substitute the original claim with a completely different claim altogether. Can the warrant of arrest be upheld based on the amended claim and/or cause of action, even if it was not so pleaded initially when the action in rem commenced? This …
How To Understand China's Approach To Central Bank Digital Currency?, Heng Wang
How To Understand China's Approach To Central Bank Digital Currency?, Heng Wang
Research Collection Yong Pung How School Of Law
China's central bank digital currency (CBDC), digital yuan or e-CNY, is likely to profoundly affect the international financial system. China's CBDC is fast evolving. Understanding the influencing factors of China's CBDC will likely be crucial to explore its future direction. Major influencing factors include (i) China's perception and conception of regulation and technology, (ii) complementarity between China's preferences and CBDC development, (iii) domestic and international legitimacy, and (iv) institutional development. This paper argues that these influencing factors contribute to China's likely approach of selectively reshaping the international financial system. Given the potential wide-ranging implications of the introduction of CBDC globally, …
Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Competition Among Purposes: The Chinese Experience In The Governance Of Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Research Collection Yong Pung How School Of Law
Energy governance at the international level is fraught with difficulties due to the 'competition among purposes' between different bodies of international law. In this paper, we extend this thesis to argue that the same tension may be found in domestic energy governance. Drawing from China's experience in the governance of climate change and energy transition, we analyse how the misalignment of incentives between different actors and the incomplete market reform led to a drastic shift in policy in 2021. We also compare the different approaches in China's energy governance and trade governance and draw some general lessons on how developing …
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …