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E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
E-Commerce Regulation: Necessity, Futility, Disconnect, Eliza Mik
Research Collection Yong Pung How School Of Law
Existing e-commerce regulations constitute a premature and unnecessary interference in the natural evolution of commercial practices and technologies. I question not just their quality, mainly attributable to the technological ignorance of the regulator, but their very necessity. I observe the practical futility of drafting effective regulatory instruments in areas subject to continuous and unpredictable technological change. I criticize the overly homogenous approach to "everything Internet" (i.e. everything involving the Internet requires new law) as well as the creation of new regulatory spheres and legal categories. Some might claim that it is too early for a critical retrospective of this subject. …
Is The Invocation Of Inherent Jurisdiction The Same As The Exercise Of Inherent Powers? Re Nalpon Zero Geraldo Mario [Case Note], Siyuan Chen
Research Collection Yong Pung How School Of Law
In Re McC (A Minor), Lord Bridge of Harwich remarked that few words have been ‘used with so many different shades of meaning in different contexts’ and ‘have so freely acquired new meanings’ as the word ‘jurisdiction’. The definitional conundrum deepens when ‘jurisdiction’ is combined with the adjective ‘inherent,’ yet common law courts around the world routinely claim to invoke inherent jurisdiction for a wide array of purposes in civil and criminal matters, ranging from the reception of evidence to the ensuring of a fair trial, and this necessarily raises questions about the limits of such an exercise.
Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik
Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik
Research Collection Yong Pung How School Of Law
Singapore is the first Asian country to accede to the UNCITRAL Convention on the Use of Electronic Communications in International Contracts (“CUECIC” or “Convention”). Upon accession, the Singaporean Electronic Transactions Act (“ETA” or “Act”) was repealed and re-enacted in a modified version, with effect from 1 July 2010. The modified ETA retains the framework of the original ETA but adds or amends certain provisions dealing with electronic contracting to align domestic e-commerce regulations with the Convention. Accordingly, Singapore is not only the first Asian nation to accede to the CUECIC but also the first nation to implement some of its …