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Articles 31 - 48 of 48
Full-Text Articles in Law
From Apathy To Multi-Stakeholder Action For Our Biodiversity, Tan K. B. Eugene
From Apathy To Multi-Stakeholder Action For Our Biodiversity, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan highlighted that the public consumption of sharks’ fin in Singapore has declined in recent years as a result of successful "say no to shark fin" campaigns. However, Singapore was the third largest importer of shark fin between 2005 and 2013. Shark conservation is not about sharks alone but about sustainability, oceanic health, and robust commercial fisheries. It's also about enlightened self-interest at its core. As a major food source, the oceans are critical to our food supply and security. As a maritime nation, commercial fisheries are important to us as well. Much more …
Trust Is Vital In Efforts To Counter Terrorism, Tan K. B. Eugene
Trust Is Vital In Efforts To Counter Terrorism, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan highlighted inter-faith ties in many parts of the world are visibly under stress. Minority communities increasingly find themselves under a pall of suspicion, distrust and danger. Too often, moral panic and probing questions have been raised over the viability of multiculturalism as the integrative social glue in diverse societies. He pointed out governments do not defeat terrorism on their own. Instead, societies defeat terrorism by nurturing from the ground up an effective and sustainable bulwark against violent extremism and the divisive forces that seek to destroy our way of life and our common …
Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene
Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the workings of the upcoming Singapore presidential election. He noted that as the next election is a reserved one, all the more voters should specially consider a candidate’s commitment and contributions to multiracialism. On the reserved election mechanism, Associate Prof Tan noted that it helps ensure that the presidency is not only accessible, but is seen to be accessible to all the major racial communities in Singapore.“It functions as an inter-generational safeguard for minority representation, while not going as far as mechanically rotating the presidency among the major races, …
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Toxic ‘haze’ from fires, often burning over dry peatland in Indonesia, has affected millions across Indonesia, Singapore and Malaysia, as well as parts of the Philippines and Thailand. For Singapore in particular, this slash-and-burn method of clearing land in Indonesia to cultivate crops such as oil palm has been an annual problem since 1972. However, 2015 stands out as the year Singapore experienced one of its worst episodes of haze pollution. Air quality based on the Pollutant Standards Index (PSI) plummeted to the ‘very unhealthy’ and ‘hazardous ranges’ for close to 50 days. Singapore suffered an estimated SGD $700 million …
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Research Collection Yong Pung How School Of Law
Being a culturally responsive mediator has become increasingly challenging amidst the growing cultural complexity within many societies. Drawing on the existing research on culture and the authors’ experiences of mediating disputes amongst diverse disputants in Australia and Singapore, this paper proposes an emic-constructivist approach for the mediator to understand the individual disputant’s unique cultural preferences. It also recommends bringing forward the exercise of understanding cultural preferences through conducting pre-mediation intake interviews. It is argued that this approach enables the mediator to embrace the parties’ cultural complexity and to design the mediation process based on their rich milieu of preferences. Finally, …
How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan
How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Can Wto Law Keep Up With The Internet?, Henry Gao
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 …
Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene
Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
When Minister for Social and Family Development Tan Chuan-Jin said earlier this month in Parliament that the Government was “actively reviewing” a husband’s limited immunity from marital rape, he asserted that a married woman should have equal protection against sexual violence as an unmarried woman.
Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong
Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The law on the illegality defence in Singapore is in a fragmented state. In Patel v Mirza, the UK Supreme Court attempted to overhaul this notoriously confusing area of the law, and presented various ideas which are of potential interest to its development in Singapore.
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Mediation Act 2016 was recently passed by the Singapore Parliament and is soon to come into operation. This legislative comment compares the Act’s key provisions to the common law principles concerning confidentiality and admissibility, enforcement of mediated settlement agreements and stay of proceedings pending mediation. It argues that the Act has refined the common law in certain areas, but has brought about greater uncertainty in other aspects. It also discusses how the major provisions are likely to be applied by the court in light of similar developments in other jurisdictions.
Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan
Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Ns’ Role In Defining The Vision Of A New Society, Tan K. B. Eugene
Ns’ Role In Defining The Vision Of A New Society, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Yesterday marked the 50th anniversary of the introduction of National Service (NS), a cornerstone of our defence strategy and a hallmark of the Singaporean way of life. In a short span of 50 years, NS has come a long way and continues to mould generations of Singaporean men.
An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh
An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh
Research Collection Yong Pung How School Of Law
In the light of Singapore’s aspiration to be a centre of legal ideas in the region, it is opportune to examine the Singapore courts’ use of legal scholarship. This article provides a preliminary map of the Singapore Court of Appeal’s citation practices. It provides an overview of the Singapore Court of Appeal’s use or citation of legal scholarship in its decisions over the past 50 years. It identifies and evaluates trends in the Singapore Court of Appeal’s citations of academic material and the types of academic material cited.
Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li
Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li
Research Collection Yong Pung How School Of Law
Based on a large-scale survey of Chinese entrepreneurs, our study explores how institutions (formal and informal) influence investment decisions made by private companies. The study finds that, consistent with the conventional view, a more effective legal system is correlated with short-term general investment, and that the judiciary is important mainly because of its restraint over the state. The role of effective courts, however, diminishes when private entrepreneurs consider making long-term investment. We find a positive association between the entrepreneurs’ political backgrounds and their R&D investment, suggesting that Chinese courts, in spite of decades of reform, are not yet viewed as …
Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan
Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan
Research Collection Yong Pung How School Of Law
In a joint commentary, SMU Academic Director (MSc in Innovation) and Professor of Organisational Behaviour and Human Resources (Education) Thomas Menkhoff; SMU Associate Professor of Law Eugene Tan; and SMU LKCSB Adjunct Faculty Kan Siew Ning, highlighted that the University recently launched an inter-disciplinary course on emerging technology, focusing on unmanned aerial vehicles (UAV or drones), robotics, and artificial intelligence (AI). One key learning outcome is to enable students to appreciate, in a multi-disciplinary setting, the huge business potential of emerging technology in diverse areas - such as logistics, supply chain management, transportation, search and rescue, military, and scientific studies. …
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
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 …
Curial Deference In Singapore Public Law: Autochthonous Evolution To Buttress Good Governance And The Rule Of Law, Tan K. B. Eugene
Curial Deference In Singapore Public Law: Autochthonous Evolution To Buttress Good Governance And The Rule Of Law, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Central to the separation of powers and the rule of law, judicial review empowers the courts to examine the exercise of discretionary power. While there is no general doctrine of deference, judical review in Singapore emphasises the green-light approach in facilitating good governance, and is sensitive to the political, socio-cultural and economic context. However, the jurisprudence also indicates a nuanced and robust approach to better regulate the decision-makers' latitude. A categorical approach towards justiciability is eschewed, and judicial scrutiny adopts varying intensities of review, taking into account the rights of the individual vis-a-vis the fair and just protection of governmental …