Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (49)
- Asian Studies (41)
- International and Area Studies (41)
- Dispute Resolution and Arbitration (17)
- Contracts (9)
-
- Courts (9)
- Criminal Law (9)
- Commercial Law (6)
- Human Rights Law (6)
- International Law (6)
- International Trade Law (6)
- Election Law (5)
- Intellectual Property Law (5)
- Law and Society (5)
- Business (4)
- Economics (4)
- Internet Law (4)
- Law and Economics (4)
- Legal Education (4)
- Communication (3)
- Constitutional Law (3)
- Legal Profession (3)
- Transnational Law (3)
- Banking and Finance Law (2)
- Business Law, Public Responsibility, and Ethics (2)
- Business Organizations Law (2)
- Civil Procedure (2)
- Comparative and Foreign Law (2)
- Criminal Procedure (2)
- Keyword
-
- Singapore (9)
- Mediation (3)
- Singapore Management University (3)
- Accession (2)
- Constitutional law (2)
-
- Contract (2)
- Corporate governance (2)
- Dispute resolution (2)
- Future lawyers (2)
- Good lawyers (2)
- Human rights (2)
- Intellectual property (2)
- Law firm interns (2)
- Law firm internships (2)
- Law students (2)
- Negotiation (2)
- ADR Form (1)
- Abuse of Dominance (1)
- Accès au marché (1)
- Administrative law (1)
- Admissibility of evidence (1)
- Agency Law (1)
- Appellate courts (1)
- Arbitration (1)
- Asia (1)
- BIT (1)
- Behavioural analysis (1)
- Belitung Shipwreck (1)
- Blogs (1)
- Budgets (1)
Articles 31 - 60 of 108
Full-Text Articles in Law
What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging), Nadja Alexander
What’S In A Frame? (Or The Power Of Emotions And Subliminal Messaging), Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Mediation Blog, three examples of the power of (re)framing from the perspective of negotiators in a mediation setting is offered.
Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce, Eliza Mik
Mistaken Identity, Identity Theft And Problems Of Remote Authentication In E-Commerce, Eliza Mik
Research Collection Yong Pung How School Of Law
The problem of mistaken identity in e-commerce transactions brings together seemingly unrelated issues: privacy, network security, digital signatures – and classic contract law. The technological characteristics of the Internet have a tendency to turn traditional legal doctrines on their head, or, at least expose flaws in existing legal arguments. Combining an academic exercise with the practical implications of the insecurity of the Internet, this paper draws some unexpected conclusions regarding cases of mistaken identity. The latter must be analysed afresh with a number of factors in mind: the more widespread use of fictitious identities in on-line transactions, the higher incidence …
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
Research Collection School of Social Sciences
This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into better local practices. Institutionalization of universal human rights principles began in the immediate post–World War II period, in which civil society actors worked with powerful states to establish human rights as a key guiding principle of the international community and to ensure the actors' continuing participation in international human rights institutions. The subsequent decades saw various hurdles arise in international politics, …
One Nation Under Surveillance: A New Social Contract To Defend Freedom Without Sacrificing Liberty, Eugene K. B. Tan
One Nation Under Surveillance: A New Social Contract To Defend Freedom Without Sacrificing Liberty, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty, by Simon Chesterman, is reviewed. ISBN 9780199580378
Veranderingen In De Dialoog Tussen Nederlandse Rechters En Het Hof Van Justitie?, Maartje De Visser
Veranderingen In De Dialoog Tussen Nederlandse Rechters En Het Hof Van Justitie?, Maartje De Visser
Research Collection Yong Pung How School Of Law
Nederlandse rechters zijn in het algemeen met enthousiasme de dialoog met het Hof van Justitie aangegaan met behulp van de prejudiciële procedure, nu te vinden in art. 267 VWEU. Ook zoekt men vergeefs naar arresten waarin Nederlandse rechters grenzen hebben gesteld aan het proces van Europese integratie of de doorwerking van EU recht in de nationale rechtsorde – het tegendeel is eerder het geval. Zal deze rechtspraktijk zich voortzetten of staan er veranderingen op stapel? Deze bijdrage bespreekt de mogelijke gevolgen van de nieuwe Wet prejudiciële vragen en het voorstel-Halsema voor de dialoog tussen Nederlandse rechters en het Hof van …
Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh
Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh
Research Collection Yong Pung How School Of Law
No abstract provided.
A More Economic And Cross-Jurisdiction Study On Patent Pools, Kung-Chung Liu
A More Economic And Cross-Jurisdiction Study On Patent Pools, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
This paper traces the growing acceptance of the more economic approach to IPR and competition law in state practices, and summarizes its characteristics. It then compares how five jurisdictions weigh the IPR licensing agreements against competition law in the context of patent pools, which have become critically effective mechanism for both patent enforcement and the deployment of new technology. It further analyzes the major difference found, namely the abuse of a dominant position by patent pools, and how to look at this difference and even how to harmonize it. It then moves on to study the impact of antitrust violation …
Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low
Unitas Via Diversitas. Can The Common European Sales Law Harmonize Through Diversity?, Gary Low
Research Collection Yong Pung How School Of Law
The proposed Regulation for a Common European Sales Law (CESL),1 unveiled on 11 October 2011, marks the opening legislative salvo on the future of European contract law. Besides critique from private lawyers on the substantive content therein,2 the legality of the CESL under Union law may be called into question.3 The CESL cites Article 114 of the Treaty on the Functioning of the European Union (TFEU) as its legal basis." In so doing, it goes against the grain of received wisdom: virtually all the studies on the subject ruled out the use of Article 114 TFEU in favour of Article …
Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser
Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser
Research Collection Yong Pung How School Of Law
The article examines the modality of judicial dialogue and the practical workings of less institutionalized judicial networks in Europe. Topics discussed include the definition of constitutional pluralism, network, and dialogue, the participation of judges in judicial networks, and the relationship between the Court of Justice of the European Union (CJEU) and the national courts.
Defamation Via Hyperlinks: More Than Meets The Eye, Gary Kok Yew Chan
Defamation Via Hyperlinks: More Than Meets The Eye, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Hyperlinks make the World Wide Web go round. They find and connect information and content from a wealth of sources on the web including, from time to time, defamatory material. Newton, the owner and operator of a website in British Columbia, posted an article entitled “Free Speech in Canada”. The article itself was not alleged to be defamatory of Crookes, a politician. However, it incorporated hyperlinks to other internet websites that contained defamatory material. Notwithstanding requests from Crookes and his lawyer, Newton refused to remove the hyperlinks. Did Newton’s act of hyperlinking to internet websites constitute “publication” of the defamatory …
Human Rights In Southeast Asia: Optimism Despite Teething Troubles, Knowledge@Smu
Human Rights In Southeast Asia: Optimism Despite Teething Troubles, Knowledge@Smu
Knowledge@SMU
The movement to advance human rights in Southeast Asia has been an uphill climb for activists, particularly in countries that do not recognise this to be of fundamental importance. However, there are signs that the region is warming up to such ideals, along with the rest of the world. Speaking at a Wee Kim Wee Lunchtime Seminar, prominent Singapore human rights activist Braema Mathi offers some reasons for optimism.
Questioning The Homo Economicus: Are Concepts Of Rationality And Self-Interest Outdated?, Knowledge@Smu
Questioning The Homo Economicus: Are Concepts Of Rationality And Self-Interest Outdated?, Knowledge@Smu
Knowledge@SMU
Many classical economic theories rely on the assumption that people, and thus markets, are rather predictable; that humans are rational and self-interested beings. Yet, psychologists have argued that human behaviours are highly complex and cannot be understood in these simple terms. The emergence of interdisciplinary research in both economics and psychology has narrowed the gaps and challenged traditional thinking, as participants at a SMU Social Sciences Capstone Seminar found out.
Marital Agreements And Private Autonomy In Comparative Perspective [Book Review], Siyuan Chen
Marital Agreements And Private Autonomy In Comparative Perspective [Book Review], Siyuan Chen
Research Collection Yong Pung How School Of Law
This book takes a comparative approach to how 14 jurisdictions from around the world deal with pre-nuptial and post-nuptial marital agreements, particularly in relation to financial relations.
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects is a fast-fading myth. This new paradigm for understanding and experiencing the world has profound implications for our approach to conflict. It suggests …
Traditional Tests For Implication Of Terms Prevail In Singapore Despite ‘Acceptance’ Of Belize Test: Sembcorp Marine Ltd V Ppl Holdings Pte Ltd, Yihan Goh
Research Collection Yong Pung How School Of Law
There is an ongoing legal debate concerning the test governing the implication of terms in fact, prompted in no small measure by Lord Hoffmann’s influential speech in Attorney General of Belize v Belize Telecom. In Belize, Lord Hoffmann famously said that the question for a court considering whether a term should be implied is ‘whether such a [term] would spell out in express words what the instrument, read against the relevant background, would reasonably be understood to mean’. This has generally been regarded by judges3 and academics4 as subsuming the implication of terms within the broader rubric of ‘interpretation’. The …
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Confrontation Or Conciliation: Does Science Have The Answer?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post I want to talk about an important thread that is emerging in the science of the twenty-first century. It is the finding that we are all interconnected, that we are porous beings with the ability to influence not only ourselves but one another in ways not previously contemplated. What we previously knew as real, that is the Cartesian duality of mind and body and the notion of separateness in relation to individuals and objects, is a fast-fading myth (Damasio 1994, 1999, BenZion 2010).This new paradigm for understanding and experiencing the world has profound implications for our approach …
Will Firms Consider A European Optional Instrument In Contract Law?, Gary Low
Will Firms Consider A European Optional Instrument In Contract Law?, Gary Low
Research Collection Yong Pung How School Of Law
The diversity of contract laws is said by the Commission to discouragecross-border trade and hinder the development by SMEs of a pan-European commercialpolicy. An optional instrument containing both facilitative general contractrules and mandatory consumer protection rules, one of the solutions proposed by theCommission, is gaining rapid support from key stakeholders. Drawing from firms’own views on the problems of legal diversity, and insights from organisationalscience, this article sets out the circumstances in which firms will likely consider aEuropean optional code. Results are mixed: some firms may consider it, whileothers may ignore it. Much depends the firm’s aspirations (i.e. SMEs cannot beassumed …
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu
Research Collection Yong Pung How School Of Law
There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state …
The Landscape Of Singapore’S Insurance Contract Law: Initial Findings On The Use Of Authorities Of Reported Singapore Judgments Regarding Insurance Disputes From 1965 To 2010, Christopher Chao-Hung Chen
The Landscape Of Singapore’S Insurance Contract Law: Initial Findings On The Use Of Authorities Of Reported Singapore Judgments Regarding Insurance Disputes From 1965 To 2010, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
Initial findings of an empirical study of the citations of 80 reported Singapore insurance judgments between 1965 and 2010 show that Singapore courts have not developed a stronger character in the area of insurance law. Though British cases represent 363 of the 512 cases cited, we find that jurisdiction is not a predicator of whether a case is followed or distinguished. However, being a case decided by the UK Supreme Court (including the former House of Lords and Privy Council) is more likely to be followed by Singapore courts regarding insurance law. Nonetheless, Singapore judges cite more English textbooks than …
Can The Next Housing – And Financial Crisis Be Averted?, Singapore Management University
Can The Next Housing – And Financial Crisis Be Averted?, Singapore Management University
Perspectives@SMU
Global financial systems and economies are still far from recovering from the recent financial crisis triggered by the burst of the American housing bubble. Naturally, the investment community, the academia, and of course, the regulators would be keen to find out how to prevent history from repeating itself.
Free Trade: Roadmap For Us-Asean Ties, Knowledge@Smu
Free Trade: Roadmap For Us-Asean Ties, Knowledge@Smu
Knowledge@SMU
The rise of Asia is demonstrated by its rapidly increasing share of global trade and is reinforced by the fact that for the first time, it overtook the European Union as the largest US export destination in 2010. Asia’s economic and security significance has shaped American foreign policy with the new goal of re-engaging in the region. However, the US still lacks a comprehensive roadmap for its trade policy in Asia. SMU law professor Pasha Hsieh unveils a proposal to reinvigorate US-ASEAN trade ties.
The Future Of Promissory Estoppel In Singapore Law, Tiong Min Yeo
The Future Of Promissory Estoppel In Singapore Law, Tiong Min Yeo
2009 Yong Pung How Professorship of Law Lecture
In the preface to the first Singapore and Malaysian edition of Cheshire, Fifoot, and Furmston’s Law of Contract in 1994, Yong Pung How CJ said: “The Singapore legal system should strive towards indigenous development, preferably by way of a rationalization of its basic laws in the first instance.”1 Singapore law has come a long way since then. In recent years we have seen significant restatements by the Singapore judiciary in diverse areas including contract law, tort law, property law, company law and the conflict of laws. This paper will examine a small but basic topic, promissory estoppel, where there have …
Religion, Science And Morality: Concentric Circles Or Mutually Exclusive?, Knowledge@Smu
Religion, Science And Morality: Concentric Circles Or Mutually Exclusive?, Knowledge@Smu
Knowledge@SMU
Much has been said about the relationship between religion and science. What exactly does it mean when the two comes into play with morality? A scientist and professor of philosophy give their take in a seminar in SMU.
Inward Fdi In Singapore And Its Policy Context, Locknie Hsu
Inward Fdi In Singapore And Its Policy Context, Locknie Hsu
Research Collection Yong Pung How School Of Law
Inward foreign direct investment (IFDI) has long been an important feature of the Singapore economy, and Singapore remains an attractive host to FDI. Apart from a brief decline in 2002, FDI inflows have generally been strong in the decade 2000-2010. They reached a peak in 2007 at US$ 37 billion, just before the global financial and economic crisis of 2008-2009. In 2008, inflows declined sharply to US$ 8.6 billion, before rapidly rebounding to reach US$ 38 billion in 2010. Singapore has moved from an economy primarily involved in manufacturing consumer goods in labor-intensive industries in the 1960s, to one producing …
Contract Modifications: Reflections On Two Commonwealth Cases, Pey Woan Lee
Contract Modifications: Reflections On Two Commonwealth Cases, Pey Woan Lee
Research Collection Yong Pung How School Of Law
The common law rule that a promise to perform a pre-existing obligation is no consideration is said to have done the most in giving the doctrine of consideration a bad name. While the English innovation of 'practical benefits' in Williams v Roffey has effectively enervated this rule, general discontentment with the conceptual difficulties residing in this approach has often led to calls for the abolition of consideration in the context of contract modifications. This article examines two Commonwealth cases that took this step and warns against an overly optimistic view of such a development. It argues, instead, that the post-Williams …
Both Sides Will Need To Raise Their Game, Tan K. B. Eugene
Both Sides Will Need To Raise Their Game, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Now that the Hougang by-election is over, the Workers' Party (WP) and the People's Action Party (PAP) will conduct their post-mortems. SMU Assistant Professor Eugene Tan wrote that ?Among the key questions would be how they campaigned and how they can deal with the issues that the hustings threw up. For the WP, how can it keep Hougang in its fold and grow the famed "Hougang Spirit"? How can it be less reliant on its charismatic leader Low Thia Khiang? For the PAP, how can it make significant gains and be more competitive in Hougang?? He concludes that what the …
Legal Constraints To The European Union’S Accession To The International Maritime Organization, Nengye Liu, Frank Maes
Legal Constraints To The European Union’S Accession To The International Maritime Organization, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
There is no doubt that the European Union (EU) has become a global actor. The global or intemational context in which the EU has sought to define its identity, promote its interests and constmct its policies, is increasingly seen as the stage on which the EU must act.' Frank Hoffmeister indicates that, the EU has been actively involved in most of the significant international organizations, though many of these organizadons have been less flexible regarding the full membership of the EU.
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.
Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, Man Yip, Yihan Goh
Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in dealing with such cases. First, it argues against a purely contractarian view that such cases should be exclusively resolved by the law of contract, through an implied collateral contract. Such a technique, applied vigorously, would result in nullifying the concept of “essential terms” and an artificial construction of parties …
Battle For Undecided Voters In Hougang, Tan K. B. Eugene
Battle For Undecided Voters In Hougang, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Assistant Professor and NMP Eugene Tan commented on the battle for undecided voters in Hougang prior to the by-election this Saturday. He wrote that the political stakes are not so high in this by-election. Although the WP has more to lose this round, the stakes are calibrated differently in their first head-to-head contest since GE2011, and the parties must remember that this by-election is but a "battle" only. Instead, the PAP and WP would do well to stay focused on acquitting themselves well in the long haul before the next General Election. The priority for both parties is to …