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Articles 1 - 30 of 1985

Full-Text Articles in Law

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao Apr 2024

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …

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When Do Corporate Good Deeds Become A Burden? The Role Of Corporate Social Responsibility Following Negative Events, Changhyun Kim, Yoonseok Zang, Heli Wang, Kate Niu Aug 2023

When Do Corporate Good Deeds Become A Burden? The Role Of Corporate Social Responsibility Following Negative Events, Changhyun Kim, Yoonseok Zang, Heli Wang, Kate Niu

Research Collection School Of Accountancy

This study investigates the differential roles of corporate social responsibility (CSR) in the context of negative events. By categorizing CSR and negative events by their respective stakeholder groups, primary and secondary stakeholders, we theorize and test differential impacts of CSR and their interaction effects with different types of negative events. We propose that, while CSR toward secondary stakeholders offers the monotonous risk-tempering effect, CSR toward primary stakeholders has heterogeneous effects when facing negative events. Specifically, the effect of CSR toward primary stakeholders varies with the type of negative events. When negative events are associated with secondary stakeholders in the domain …

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Testing Automated Driving Systems By Breaking Many Laws Efficiently, Xiaodong Zhang, Wei Zhao, Yang Sun, Jun Sun, Yulong Shen, Xuewen Dong, Zijiang Yang Jul 2023

Testing Automated Driving Systems By Breaking Many Laws Efficiently, Xiaodong Zhang, Wei Zhao, Yang Sun, Jun Sun, Yulong Shen, Xuewen Dong, Zijiang Yang

Research Collection School Of Computing and Information Systems

An automated driving system (ADS), as the brain of an autonomous vehicle (AV), should be tested thoroughly ahead of deployment. ADS must satisfy a complex set of rules to ensure road safety, e.g., the existing traffic laws and possibly future laws that are dedicated to AVs. To comprehensively test an ADS, we would like to systematically discover diverse scenarios in which certain traffic law is violated. The challenge is that (1) there are many traffic laws (e.g., 13 testable articles in Chinese traffic laws and 16 testable articles in Singapore traffic laws, with 81 and 43 violation situations respectively); and …

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Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang Jul 2023

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 …

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The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang Jun 2023

The Islamisation Of The English Trust: The Hibah Trust In Malaysia, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Malaysia, being a former English colony, inherited a corpus of English law which includes equity and trusts. In recent times, major banks, financial institutions, and trust companies have reimagined the English trust in combination with Islamic law, by offering an innovation called the hibah trust. This instrument represents the Islamisation of the English trust concept where the Islamic idea of the hibah, an inter vivos gift and the English trust is combined as a wealth management offering to clients. This article explores how the hibah trust works, reasons why institutions may be offering this hybrid instrument, and potential challenges to …

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The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin Jun 2023

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …

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When Sparks Fly Because Of Your Neighbour’S Independent Contractor: The Stricter-Liability Test Of Private Nuisance In Singapore – Pex International Pte Ltd V Lim Seng Chye And Another And Another Appeal [2020] 1 Slr 373, Samuel Hzi Xun Tay Jun 2023

When Sparks Fly Because Of Your Neighbour’S Independent Contractor: The Stricter-Liability Test Of Private Nuisance In Singapore – Pex International Pte Ltd V Lim Seng Chye And Another And Another Appeal [2020] 1 Slr 373, Samuel Hzi Xun Tay

Singapore Law Journal (Lexicon)

When your land has been damaged by your neighbour’s independent contractor, who should be held responsible—the contractor or your neighbour? Previously, it was considered by some to be difficult to pin liability on one’s neighbour. 1 This position was criticised for being unfair and unjust, especially in situations where one was unable to obtain recourse from the contractor.

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Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun Jun 2023

Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun

Singapore Law Journal (Lexicon)

The cyberspace is sometimes seen as having no jurisdictional boundaries, given that no single state controls the entirety of the cyberspace. At the same time, given how pervasive the cyberspace has become today, many important interests of states now lie in the domain of cyberspace. This uneasy tension has led to many questions involving the intersectionality between the state’s sovereignty over its territory and the cyberspace, which is exacerbated when states use the cyberspace to conduct their myriad operations. This paper seeks to delineate permissible and impermissible cyberoperations and argues that the present international law on sovereignty is sufficiently robust …

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The Advisory Jurisdiction Of The Constitutional Tribunal Under Article 100 Of The Constitution, Don Jia Hao Ho Jun 2023

The Advisory Jurisdiction Of The Constitutional Tribunal Under Article 100 Of The Constitution, Don Jia Hao Ho

Singapore Law Journal (Lexicon)

Singapore has a Constitutional Tribunal as provided for under Article 100 of the Constitution. The Tribunal is vested with advisory jurisdiction which ordinary courts do not have. This article explores the constitutional basis for the Tribunal’s existence, jurisdictional issues surrounding the Tribunal, as well as the legal effect of the Tribunal’s opinion. Moreover, this article evaluates the continued relevance of the Tribunal. In doing so, a comparative approach is adopted where appropriate.

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What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai Jun 2023

What Cases Are To Be Heard By The Appellate Division And Why: Noor Azlin Bte Abdul Rahman And Another V Changi General Hospital Pte Ltd [2021] 2 Slr 440, Grace Jin Yi Nai

Singapore Law Journal (Lexicon)

On 2 January 2021, certain statutory amendments came into effect: specifically, the Supreme Court of Judicature (Amendment) Act 2019 (Act 40 of 2019) (“SCJ(A)A”) which amended the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) (“SCJA”), and the Rules of Court (Amendment No. 5) Rules 2020 (“ROC(A)”) which amended the Rules of Court (Cap 322, R 5, 2014 Rev Ed) (“ROC”). These amendments had a significant impact on the court appellate system. For clarity, the pre-2 January versions of the legislation will be referred to as the “former SCJA” and “former ROC”, while the post-2 January versions will …

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How To Construe An Atypical Bill Of Lading: The “Luna” And Another Appeal [2021] 2 Slr 1054, Alexis Kaixin Lok Jun 2023

How To Construe An Atypical Bill Of Lading: The “Luna” And Another Appeal [2021] 2 Slr 1054, Alexis Kaixin Lok

Singapore Law Journal (Lexicon)

Bills of lading have been described as the cornerstone of modern sea carriage (i.e., the transport of goods by sea). Traditionally, a bill of lading serves three functions: (1) it is a receipt by the carrier acknowledging the shipment of goods, (2) it is a memorandum of the terms of the contract of carriage, and (3) it is also a document of title to the goods shipped.

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Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc Jun 2023

Single Crime, Dual Crime And Another? Expansion Of The Concept Of Joint Liability Under Section 34 Of The Penal Code – Public Prosecutor V Azlin Bte Arujunah And Other Appeals [2022] 2 Slr 825, Ting Xuan Jordan Chia, Natalia Mai Do Ngoc

Singapore Law Journal (Lexicon)

It is well-understood that for most crimes to be established, the requirements of actus reus (the physical element) and mens rea (the mental element) need to be proven beyond a reasonable doubt. However, in situations involving joint offenders, if one of the offenders dealt the fatal blow, while the other offender acted as a lookout, can the other offender really be said to have the actus reus of the particular offence?

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The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan Jun 2023

The Lack Of A Time Bar: An Injustice Within Unjust Enrichment Claims – Esben Finance Ltd And Others V Wong Hou-Lianq Neil [2022] 1 Slr 136, Jie Loong Tan

Singapore Law Journal (Lexicon)

Limitation periods refer to the period within which a claimant who has a right to claim against another person, i.e., the defendant, must begin court proceedings to establish that right. Once that period has passed, the defendant can no longer be sued on that particular action. This is to prevent the threat of an action from continually hanging over the defendant such that once the limitation period has passed, the defendant can be sure that the claimant is no longer able to sue.

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Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen Jun 2023

Stephen’S Prudent Person And The Standard Of Proof In Indian Evidence Act Jurisdictions, Siyuan Chen

Singapore Law Journal (Lexicon)

Sir James Fitzjames Stephen’s Indian Evidence Act of 1872 remains on the statute books of many Commonwealth jurisdictions. The contents of the statute have also remained largely intact. Unsurprisingly, then, there has been a growing chasm between what the statute provides for and how the common law rules on evidence have developed. However, the statute’s treatment of the concept of standard of proof has arguably been more sophisticated than what the courts have given credit for. In this article, it is argued that a return to the statute’s original conception of standard of proof will go some way in alleviating …

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Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee Jun 2023

Taming Reflective Loss – Miao Weiguo V Tendcare Medical Group Holdings Pte Ltd [2022] 1 Slr 884, Pey Woan Lee

Singapore Law Journal (Lexicon)

At common law, the “no reflective loss” (“NRL”) principle bars a shareholder from bringing a personal action to recover any diminution in share value resulting from a wrong inflicted by a thirdparty wrongdoer on the company. Such reduction in value is not treated as the shareholder’s personal loss as it is a “mere reflection” of the company’s loss. And this is so even if the company does not seek to recover from the wrongdoer or settles with the wrongdoer for a sum well below its actual loss. Though endorsed by the highest courts, the NRL principle remains controversial by reason …

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Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang Jun 2023

Valedictory Reference In Honour Of Justice Andrew Phang: Compilation Of Valedictory Addresses For Justice Andrew Phang, Hon. Sundaresh Menon, Indranee Rajah, Lucien Wong, Hon. Yihan Goh, Adrian Tan, Davinder Singh, Scott Tan, Hon. Andrew Phang

Singapore Law Journal (Lexicon)

On 15 December 2022, Justice Andrew Phang retired from the Supreme Court Bench. To pay tribute to Justice Phang’s 18 years of service, a Valedictory Reference was convened on 28 November 2022. The following is a collection of speeches delivered at the event by distinguished members of the Bar – a fitting tribute to celebrate Justice Phang’s outstanding contributions to local jurisprudence and legal scholarship, and the indelible mark he left on the lives of those around him.

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Foreword, Pey Woan Lee Jun 2023

Foreword, Pey Woan Lee

Singapore Law Journal (Lexicon)

As I pen this foreword, I cannot help but reflect on the radical transformation that the launch of ChatGPT has brought about in the way we communicate. The emergence of this generative language model has shattered the notion that only humans can engage in written discourse. While I am excited about the immense potential that this development holds for enhancing the quality and efficiency of our work, I am also deeply troubled by the existential questions it raises. The rise of powerful machines undoubtedly heightens the risk of human redundancy. As AI continues to surpass human capabilities, the question of …

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The Subsistence And Enforcement Of Copyright And Trademark Rights In The Metaverse, Cheng Lim Saw, Zheng Wen Samuel Chan May 2023

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 …

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The Sec Revolving Door And Comment Letters, Michael Shen, Samuel T. Tan May 2023

The Sec Revolving Door And Comment Letters, Michael Shen, Samuel T. Tan

Research Collection School Of Accountancy

Government officials, advocacy groups, and the business press have raised concerns that former SEC employees may continue to influence the SEC after leaving the agency. Using hand-collected data on the characteristics of 1,384 lawyers who represented firms in responding to SEC comment letters between 2005 and 2016, we examine the impact of post-revolving SEC employees on the SEC comment letter process. Among other determinants, we find that older and larger firms with a history of litigation are more likely to hire former SEC lawyers over non-SEC lawyers. Relative to firms that involve only non-SEC lawyers, we find that firms that …

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Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin Apr 2023

Regulating Artificial Intelligence In International Investment Law, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

The interaction between artificial intelligence (AI) and international investment treaties is an uncharted territory of international law. Concerns over the national security, safety, and privacy implications of AI are spurring regulators into action around the world. States have imposed restrictions on data transfer, utilised automated decision-making, mandated algorithmic transparency, and limited market access. This article explores the interaction between AI regulation and standards of investment protection. It is argued that the current framework provides an unpredictable legal environment in which to adjudicate the contested norms and ethics of AI. Treaties should be recalibrated to reinforce their anti-protectionist origins, embed human-centric …

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Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng Mar 2023

Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng

Research Collection Yong Pung How School Of Law

A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all …

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Tax Events In The Life Cycle Of Digital Tokens, Vincent Ooi Mar 2023

Tax Events In The Life Cycle Of Digital Tokens, Vincent Ooi

Research Collection Yong Pung How School Of Law

Digital tokens, or crypto assets, are digital financial assets based on distributed ledger technology. They come in a considerable variety of forms and have been used in a large number of different ways. Yet, relatively few tax laws of any jurisdiction mention digital tokens specifically. It is therefore necessary to consider how orthodox tax rules can be applied to transactions involving digital tokens. Given the broad range of forms which digital tokens and transactions involving them can take, this may appear to be a daunting task. A framework providing a rough guide on how to navigate this somewhat new area …

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Report On The Challenges Which Digital Assets Pose For Tax Systems With A Special Focus On Developing Countries, Vincent Ooi Mar 2023

Report On The Challenges Which Digital Assets Pose For Tax Systems With A Special Focus On Developing Countries, Vincent Ooi

Research Collection Yong Pung How School Of Law

The paper highlights the need for governments to carefully consider the implications which the rise of crypto assets can have on tax systems, noting that the absence of a deliberate policy position would be a policy decision in itself, with consequences for the tax base. It discusses four main classes of tax risks which crypto assets pose.Firstly, crypto assets and crypto transactions can act as ‘functional substitutes’ for traditional assets and transactions. As existing tax laws are drafted without crypto assets in mind, this can produce a host of unintended tax consequences and produce opportunities for tax arbitrage.Secondly, the values …

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Two Decades After Salini V Morocco: The Case For Retaining The Salini Test With Modifications, Darius Chan, Justin Lai Mar 2023

Two Decades After Salini V Morocco: The Case For Retaining The Salini Test With Modifications, Darius Chan, Justin Lai

Research Collection Yong Pung How School Of Law

The definition of an investment under Article 25 of the ICSID Convention continues to attract a divergence of views. Ever since its use in 2001, the Salini Test, in its various forms, has become the predominant method that tribunals use to determine whether there is an investment. However, the Salini Test is hardly free from controversy, and suffers from two significant issues. First, its criteria are often subject to differing interpretations, leading to confusion over how the test should actually be applied. Second, the Salini Test has lost its legal force over time, as it has been relegated to factors …

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Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng Mar 2023

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …

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Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong Mar 2023

Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong

Research Collection Yong Pung How School Of Law

The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.

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The Coming Central Bank Digital Currency Revolution And The E-Cny, Heng Wang, Ross Buckley Mar 2023

The Coming Central Bank Digital Currency Revolution And The E-Cny, Heng Wang, Ross Buckley

Research Collection Yong Pung How School Of Law

The only central bank money individuals and businesses have today is cash. Everything else they use as money is commercial bank promises. Central bank digital currencies (“CBDC”) will likely change all this by putting central bank money into everyone’s hands. China is a front runner in this revolution, and its CBDC, the e-CNY, may well in time profoundly affect the international economic order. This article analyses the major considerations around the e-CNY, its ramifications, in particular for trade, and its possible challenges.

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Influence In Investor-State Dispute Settlement: A Dynamic Concept, Rachel Cahill-O'Callaghan, Anna Luisa Howard, Stavros Brekoulakis Mar 2023

Influence In Investor-State Dispute Settlement: A Dynamic Concept, Rachel Cahill-O'Callaghan, Anna Luisa Howard, Stavros Brekoulakis

Research Collection Yong Pung How School Of Law

Investor-state dispute settlement (ISDS) plays an increasingly important role in international trade resolution. The decisions have significant financial and in many cases policy implications, yet little is known about the formation of the ad-hoc panels and the decision-making process. Drawing on empirical evidence from interviews with key actors in the ISDS system, this article argues that influence plays a central role in both processes. The analysis further develops the framework for understanding influence in international decision-making to accommodate external factors (those visible to those appointing the decision-makers) and internal factors (those factors that become visible in the decision-making room). It …

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The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh Mar 2023

The Doctrine Of Unilateral Severance And Its Potential Development In Singapore, Zhi Jia Koh

Research Collection Yong Pung How School Of Law

Co-ownership of land is commonplace in Singapore, and the manner of holding among co-owners has important practical implications. Joint tenants are subject to the rule of survivorship, but what if a joint tenant does not wish to be locked into the survivorship wheel of fortune? A joint tenant may unilaterally sever the joint tenancy by an act operating upon his or her share of the land, but questions remain as to when that occurs and the consequent duration of severance. This article attempts to address these questions with the current alienation-based approach and suggest the possibility of an intention-based approach.

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Legal Dispositionism And Artificially-Intelligent Attributions, Jerrold Soh Feb 2023

Legal Dispositionism And Artificially-Intelligent Attributions, Jerrold Soh

Research Collection Yong Pung How School Of Law

It is conventionally argued that because an artificially-intelligent (AI) system acts autonomously, its makers cannot easily be held liable should the system's actions harm. Since the system cannot be liable on its own account either, existing laws expose victims to accountability gaps and need to be reformed. Recent legal instruments have nonetheless established obligations against AI developers and providers. Drawing on attribution theory, this paper examines how these seemingly opposing positions are shaped by the ways in which AI systems are conceptualised. Specifically, folk dispositionism underpins conventional legal discourse on AI liability, personality, publications, and inventions and leads us towards …

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