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Articles 31 - 60 of 97
Full-Text Articles in Law
Linking Trade And Security: Evolving Institutions And Strategies In Asia, Europe, And The United States By Vinod K. Aggarwal And Kristi Govella, Henry S. Gao
Research Collection Yong Pung How School Of Law
Trade and security, while seemingly unrelated, have had a long and complicated relationship. On the one hand, trade has often been used as a means to enhance the security of the state. For example, the famous Silk Road was created and maintained by the Han Dynasty to seek allies to help defend itself against the Huns. On the other hand, security has been deemed as an important safeguard to trade, as is shown by the prevalence of the ‘Gunboat Diplomacy’ in the nineteenth century
Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan
Troublesome Women And The Nanny State: Drawing Boundaries And Legislating Bifurcated Belonging In Patriarchal Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Singapore was and remains an immigrant society. The immigration of newcitizens and temporary workers has become the primary means by which thepopulation is replenished and right-sized for its economic and demographicrequirements. More than one in three persons (or 38.6 percent) living inSingapore are foreigners (non-citizens, including permanent residents) in2013.[2] Of the 3.45 million working population in Singapore, about 38 percent(or about 1,296,800 persons are foreigners.[3] The vast majority of theseforeigners are transient workers (migrant workers) on short-term work permits.Of these, about 211,000—all women—are employed as domestic help (or ‘maids’ inlocal parlance) as of June 2013.
International Standards In Flux: A Balkanized Ict Standard-Setting Paradigm And Its Implications For The Wto, Han-Wei Liu
International Standards In Flux: A Balkanized Ict Standard-Setting Paradigm And Its Implications For The Wto, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Voluminous studies have documented the rise of international standards and their ramifications for the World Trade Organization (WTO), though most of these studies have focused on environment, food safety, public health, and financial regulations issues. An equally important, yet less explored, area is the information and communications technology (ICT) industry. This article seeks to contribute to the literature by examining the concept of an international standard in the ICT industry and its implications for the WTO.Drawing upon empirical data, this article makes four claims. First, today, the WTO policymakers are facing a ‘balkanized’ standard-setting paradigm in the ICT sector. Global …
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to …
Enforcing Court Orders In A Foreign Land, Singapore Management University
Enforcing Court Orders In A Foreign Land, Singapore Management University
Perspectives@SMU
Give thought to crafting an arbitration clause in cross-border agreements to safeguard your business interests
Arresting The Fraud, Singapore Management University
Arresting The Fraud, Singapore Management University
Perspectives@SMU
Proper internal controls are important in fraud prevention
Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen
Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See
A Principled And Structured Approach For Ascertaining Beneficial Interests In Property Disputes: Chan Yuen Lan V See Fong Mun [2014] Sgca 36, Alvin W. L. See
Research Collection Yong Pung How School Of Law
In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Court of Appeal provided important clarifications about the relationship between a resulting trust and a common intention constructive trust for the purpose of ascertaining beneficial interests in cases of property dispute. This issue, which has attracted much speculations, was left open in Lau Siew Kim v Yeo Guan Chye Terence [2007] SGCA 54 where the same court merely confirmed the continued relevance of the twin presumptions of resulting trust and advancement.
Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.
Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See
Challenges In The Enforcement Of Animal Protection Laws In Singapore, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Singapore has fairly powerful animal protection laws. In practice, however, these laws are only powerful to the extent that they are actually enforced. In Singapore, the low number of prosecutions for animal cruelty is a cause for serious concern. While there can be a myriad of reasons for this phenomenon, this paper argues that one primary cause is the insufficient understanding of what amounts, or may amount, to cruelty at law. This results in an unsound enforcement policy which reduces the protection afforded to animals. By highlighting this problem, this paper hopes to draw attention to the importance of the …
Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh
Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
A “reasonable endeavours” undertaking, and its variants, are common features of commercial contracts. These clauses might be inserted into agreements to balance the interests of the parties where the achievement of the contractual object involves conditions beyond the obligor’s control, for example, the procurement of a third party’s performance. Equally common is the insertion of these clauses into contracts to resolve a negotiation stalemate where one party refuses to promise the absolute achievement of the contractual objective.
Mediated Postnuptial Agreements And Ancillary Matters: Surindar Singh S/O Jaswant Singh V Sita Jaswant Kaur [2014] Sgca 37, Siyuan Chen
Research Collection Yong Pung How School Of Law
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article makes two main suggestions regarding the interpretation of s 73 of Malaysia's Contracts Act 1950, which sets out the right to recover a mistaken enrichment. The first suggestion is that the courts should have regard to the historical background against which the section was enacted, especially because the pre-enactment common law was a historical curiosity. This will dispel certain misconceptions about the nature of the statutory right by shedding light on its supposed affinity with contract and its relationship with the obsolete forms of action and the principle of unjust enrichment. The second suggestion is that the content …
Women In Law: Having It All?, Singapore Management University
Women In Law: Having It All?, Singapore Management University
Perspectives@SMU
It is extremely difficult to do so, say four senior female law professionals; ultimately, it is impossible to have the best of all worlds
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some thoughts on the discussions on the New York Convention for Mediation are presented.
Relevance Of The Regulatory State In North/South Intersections, Mark Findlay, Si Wei Lim
Relevance Of The Regulatory State In North/South Intersections, Mark Findlay, Si Wei Lim
Research Collection Yong Pung How School Of Law
Purpose – What seems like a new social anthropology of global regulation is an endeavour much too grand for this paper, even though it has much merit. To contain the analysis which follows, the discussion of social embeddedness will be restricted to a comparison of markets which retain some local or regional integrity from those which have become largely removed from cultural or communal social bonds. An example is between markets trading in goods and services with a consumer base which is local and subsistence, and markets in derivative products that are inextricably dependent on supranational location. The paper aims …
Singapore's New Discretionary Death Penalty For Drug Couriers: Public Prosecutor V Chum Tat Suan, Siyuan Chen
Singapore's New Discretionary Death Penalty For Drug Couriers: Public Prosecutor V Chum Tat Suan, Siyuan Chen
Research Collection Yong Pung How School Of Law
The article offers information on the history, evolution and significance of the new discretionary death penalty legislation for drug couriers in Singapore under the application of the Misuse of Drugs Act (MDA). It discusses the judicial decision of the Singaporean High Court in the case of Public Prosecutor v. Chum Tat Suan in which the Court convicted the accused with chareges of importing of more than 94.96g of diamorphine into Singapore that was punishable under section 33 of the MDA.
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Research Collection Yong Pung How School Of Law
The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of Andrews v. Australia and New Zealand Banking Group Ltd, which establishes that the absence of breach or an obligation to avoid the occurrence of an event upon which a sum becomes payable, does not render such sum incapable of being characterized as a penalty. This decision constitutes an unexpected divergence from the position in most other common law …
Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu
Public Health Regulation: Convergence, Divergence, And Regulatory Tension: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health, including regulation of access to medicines and tobacco control have increasingly been the source of tension in recent trade and investment negotiations, treaties and disputes. The ongoing Trans-Pacific Partnership negotiations, which include a number of developing Asian states, are an example that brings some of these issues to the fore and show a divergence of negotiating views.
The intersection between public health regulation and trade and investment treaties has given some Asian states significant pause for thought; it has further led the international system to a critical need to confront the overlap of legal …
Enhancing Sentences In The Absence Of A Prosecution Appeal, Kwan Ho Lau
Enhancing Sentences In The Absence Of A Prosecution Appeal, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Sometimes, following aconviction, an appeal is brought by the convicted person without anycross-appeal by the Prosecution on the sentence. Can the appellate courtnevertheless increase the sentence imposed below? This study of the relevant casesand statutory provisions in Singapore suggests that both the High Court and the Court ofAppeal are vested with the power to increase the sentence even where theonly appeal is brought by the convicted person.
Recognising Lost Chances In Tort Law, Jeremy Shi Wei Liang, Kee Yang Low
Recognising Lost Chances In Tort Law, Jeremy Shi Wei Liang, Kee Yang Low
Research Collection Yong Pung How School Of Law
This paper proposes the way forward in dealing with the unsatisfactory case law involving loss of chance in negligence, particularly medical negligence. It seeks to show that the current approach in England and in Singapore of applying traditional causation rules is arbitrary and inadequate, and fails to meet a deserving loss of chance claim. The authors seek to examine whether loss of chance is better understood as a theory of injury instead of a theory of causation. Inspecting major common law jurisdictions and the key controversies in reconciling the case law, it will be advanced that the best method (in …
Interpol’S Fight Against Cyber Crime, Singapore Management University
Interpol’S Fight Against Cyber Crime, Singapore Management University
Perspectives@SMU
Interpol needs the co-operation of its 190 member states to keep up with online criminals
Our Best Negotiators Are Humble People…, Nadja Alexander
Our Best Negotiators Are Humble People…, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some excerpts from the interview with one of Hong Kong’s leading police negotiators, Dr. Gilbert Wong, about his work as a crisis negotiator and his lessons for life and business are presented.
The Agreement On Trade Facilitation And Its Implications: An Interpretative Perspective, Heng Wang
The Agreement On Trade Facilitation And Its Implications: An Interpretative Perspective, Heng Wang
Research Collection Yong Pung How School Of Law
As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter “TFA” or “the agreement”) may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter “FTAs”), the domestic law, and existing World Trade Organization (hereinafter “WTO”) agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
Teo Wei Hsin Lawrence (Zhang Weixin), Tin Yan Ying Geraldine (Cheng Yanying Geraldine) v Management Corporation Strata Title Plan No 1525 [2014] SGDC 350 involved a suit by the owners of a condominium unit (the plaintiffs) against the management corporation of the development (the defendant). Three months after purchasing the unit, the plaintiffs undertook renovation works which were completed after about five months. Prior to moving in, the plaintiffs discovered mould on the interior walls and on their new cabinets located at the rear end of the unit. As the unit was in the corner of the development, the outside …
Terms Of Use: Reflections On A Theme, Eliza Mik
Terms Of Use: Reflections On A Theme, Eliza Mik
Research Collection Yong Pung How School Of Law
The paper presents multiple perspectives on the unpopular but omnipresent terms of use (or "ToUs"), i.e. terms and conditions contained in a link at the bottom of many websites. ToUs serve different functions: from governing the transaction taking place on a website, (e.g. contracts of sale) to the very act of browsing. Accordingly, every browsing experience has both a commercial and a legal tint. On a theoretical level ToUs raise concerns with regards to their validity as legally binding contracts as well as to their incorporation. Both formation and incorporation converge on the presence and quality of contractual intention. The …
Book Review/Response: Maartje De Visser And Laurent Pech On Comparative Constitutional Review In Europe, Laurent Pech, Maartje De Visser
Book Review/Response: Maartje De Visser And Laurent Pech On Comparative Constitutional Review In Europe, Laurent Pech, Maartje De Visser
Research Collection Yong Pung How School Of Law
Laurent Pech reviews Maartje de Visser’s recent book on Constitutional Review in Europe: A Comparative Analysis. Maartje de Visser then responds to the review.
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
What Can Mediators Learn From Crisis Negotiators?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the key to crisis negotiating is explored.
Corporate Sociability: Analysing Motivations For Collaborative Regulation, Mark Findlay
Corporate Sociability: Analysing Motivations For Collaborative Regulation, Mark Findlay
Research Collection Yong Pung How School Of Law
The article explores the features and charts the principle theorizing of regulatory sociability from collaboration rather than intervention, whatever the interest-based motivation behind transforming crisis, toward orderliness. A key theme is the role played by corporations in facilitating and benefiting from sociability. A particular explanatory focus on the way in which corporate culture can change from predatory jurisdiction shopping to embracing mutuality of interests in the context of environmental sustainability is employed. The article concludes with a discussion of how, as compulsory discipline increases, it may produce compliance but at costs for regulatory sociability. The alternative regulatory paradigm is one …