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Articles 31 - 60 of 112
Full-Text Articles in Law
Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen
Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or …
Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander
Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander
Research Collection Yong Pung How School Of Law
Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened.I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all participants were nationally accredited and had completed more than 350 hours of training and assessment. As part of the first day I played a DVD of a real mediation conducted by a people’s mediator in Guangzhou, Guangdong Province, China. The dispute involved a wife who wanted …
The Role And Future Of Sovereign Wealth Funds: A Trade And Investment Perspective, Locknie Hsu
The Role And Future Of Sovereign Wealth Funds: A Trade And Investment Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Sovereign wealth funds ("SWFs") have been greeted with bothenthusiasm and suspicion. In one respect, they have been called "white knights," where they step in to inject financing to troubledentities.' In others, they have been called "Trojan horses" and"chameleons."
Quality Immigration Will Remain Singapore’S Lifeblood, Tan K. B. Eugene
Quality Immigration Will Remain Singapore’S Lifeblood, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Seemingly innocuous individual decisions and life events, such as marriage, starting a family and migrating, have significant public-policy implications. This is reflected in the changing demographics of a country, which can affect the agility with which the country responds to the constantly evolving external environment.
A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason, Pearlie M. C. Koh
A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
The Hong Kong Court of Final Appeal has utilised a ‘scope of business’ inquiry to delineate the boundaries of the no-conflict rule for the company director. Such an inquiry is directed at discerning the realistic ability of the company to exploit any particular business opportunity and a strict capacity approach is eschewed, at least where the no-conflict rule is concerned. The decision is premised on a bifurcation between the no-conflict and no-profit rules, suggesting that the tests to determine breach of these fiduciary rules are not necessarily the same, thus permitting a more nuanced consideration of directorial breaches.
Seeking Justice, Moving On, Singapore Management University
Seeking Justice, Moving On, Singapore Management University
Perspectives@SMU
Transitional justice measures should be used carefully to heal conflict wounds
Report Of The Law Reform Committee On The 1996 Hague Convention On The Protection Of Children, Valerie Thean, Debbie Ong, Audrey Lim, Thian Yee Sze, Yvonne Tan, Tiong Min Yeo
Report Of The Law Reform Committee On The 1996 Hague Convention On The Protection Of Children, Valerie Thean, Debbie Ong, Audrey Lim, Thian Yee Sze, Yvonne Tan, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
Modern litigation between spouses regarding their children is ofteninternational. Such cross-border disputes are especially common inSingapore, as an international commercial centre with a diverse andcosmopolitan society. More importantly, Singaporeans are becoming anincreasingly mobile labour force, working in international businesses.Orders made by Singapore courts involving local parties and local childrenwill increasingly require recognition and enforcement overseas.
Concurrent Liability In Tort And Contract, Yihan Goh, Man Yip
Concurrent Liability In Tort And Contract, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
This articleexamines the understanding of concurrent liability in tort and contract,through a detailed analysis of the interplay, intersection and independence of thelaw of torts and the law of contract. The central argument that will beadvanced is that the present understanding of the ‘incident rules’ inconcurrent liability in tort and contract, such as the applicable rules ofremoteness or limitation, is inconsistent with the rationale for concurrencelaid down in Henderson v MerrettSyndicates Ltd. Rather than analyse concurrence as a single situation, thatis, conceiving it as a contest between rules of tort or contract rules, we arguethat the better way forward is to …
China’S Evolving Approach To Environmental And Labour Provisions In Regional Trade Agreements, Henry S. Gao
China’S Evolving Approach To Environmental And Labour Provisions In Regional Trade Agreements, Henry S. Gao
Research Collection Yong Pung How School Of Law
In this article, the author reviews China’s experience with environmental and labour provisions by looking at its regional trade agreements, especially in terms of the evolution of the Chinese position. It concludes with a projection of how China’s approaches to such provisions might further develop in the future.
Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay
Masking Neo-Liberal Development: Polanyi, Rule Of Law And Dis-Embedding Dynamics, Mark Findlay
Research Collection Yong Pung How School Of Law
Purpose: Polanyi in his analysis of market dis-embedding suggests a drift in economic relations from the social to the fictitious. The purpose of this paper is to add two crucial components to the dis-embedding dynamic: rule of law discourse as a market force away from the social, and through suspension of imagination and of disbelief, the incongruous compatibility of actual and fictional markets that further works against embedding.Design/methodology/approach: Theory building through the application and testing of the Polanyian market dis-embedding analysis is a central concern for the paper. Through the example of foreign direct investment (FDI) and the manner in …
Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip
Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip
Research Collection Yong Pung How School Of Law
This interim report on legal barriers to doing business in ASEAN coincides with the 50th Anniversary of ASEAN’s founding and the first year of the ASEAN Economic Community (AEC). The team is privileged to be supported by, among others, the Canada-ASEAN Business Council (CABC), given that it is also the 40th anniversary of dialogue relations between Canada and ASEAN.
Despite occasional misgivings about the “ASEAN Way”, ASEAN economic integration has come a very long way. The number of member States has grown over the 50 years since ASEAN’s founding, and the joint efforts among these States driving economic growth and …
50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene
50 Years On, S’Pore’S National Service Is Now A Shared Legacy, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan contributed an opinion piece which argued that National Service (NS) provides Singapore with a security umbrella under which economic and commercial ambitions and aspirations can be purposefully pursued. Beyond its primary role as a defence force, NS has immense potential to shape society by nurturing national and civic consciousness, critical for Singapore’s multiracial society. “Given the extensive commitment, efforts continue to be made to strengthen the tripartite relationship between the Ministry of Defence and SAF [Singapore Armed Forces], employers and NSmen [men engaged in National Service]. They include recognising supportive employers and businesses, …
Myanmar’S Desperate Need To Escape Clutches Of Fear, Tan K. B. Eugene
Myanmar’S Desperate Need To Escape Clutches Of Fear, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan opined in a commentary that the recent escalation of the ethnic conflict in Myanmar’s Rakhine State drives home the hard truth that much remains unchanged despite the country’s tentative transition to a democracy. The latest surge in ethno-violence seems timed to coincide with the release of a report last week by an advisory commission led by former United Nations Secretary-General Kofi Annan.Associate Prof Tan noted that the spectre of even more conflict, violence and division will only derail Myanmar’s democratic transition and integration into the international community, to its collective peril. It could …
The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon Tan
The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Twenty years after the Advance Medical DirectiveAct came into force in Singapore, the issue of the legalisation ofphysician-assisted suicide and voluntary active euthanasia remains live. Thisarticle examines the case for legalisation, replying to the points raised inthe article by Toh Puay San and Stanley Yeo, “Decriminalisingphysician-assisted suicide in Singapore” (2010) 22 SAcLJ 379–412, which hadincluded draft legislation in its proposal. It critically discusses thetheoretical underpinnings of such legalisation and argues that the contentionof the authors that the benefits of allowing terminally-ill patients the optionof physician-assisted suicide far outweigh the harms is not supported. Afortiori, voluntary active euthanasia should not be …
Regulating Squeeze-Outs Techniques By Controlling Shareholders: The Divergence Between Hong Kong And Singapore, Christopher C. H. Chen, Wei Zhang, Wai Yee Wan
Regulating Squeeze-Outs Techniques By Controlling Shareholders: The Divergence Between Hong Kong And Singapore, Christopher C. H. Chen, Wei Zhang, Wai Yee Wan
Research Collection Yong Pung How School Of Law
No abstract provided.
Parliament Hearing A Chance To Bring Closure To 38 Oxley Rd, Tan K. B. Eugene
Parliament Hearing A Chance To Bring Closure To 38 Oxley Rd, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In Parliament on Monday, Prime Minister Lee Hsien Loong will attempt to rebut the grave allegations on the conduct of his office and the integrity of the Government levelled by his younger siblings, Mr Lee Hsien Yang and Dr Lee Wei Ling.
Cross Border Public Offering Of Securities In Fostering An Integrated Asean Securities Market: The Experiences Of Singapore, Malaysia And Thailand, Wai Yee Wan
Research Collection Yong Pung How School Of Law
In 2015, the Association of South-East Asian Nations (ASEAN) Economic Community was formally established and its aim was to achieve, among other things, an integrated securities market within ASEAN.
Before the formal establishment of the ASEAN Economic Community, in 2009, with a view towards achieving the objective of securities integration, Singapore, Malaysia and Thailand adopted the ASEAN Disclosure Standards, a set of harmonized disclosure standards for issuers making cross-border initial public offerings (IPOs). These participating Member States also entered into a framework for the expedited review for cross-listings. However, more than 5 years later, there is no documented use of …
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher C. H. Chen
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This Article examines how a director’s social capital might affect his or her behavior, the board’s performance, and corporate governance, as well as the potential normative implications of the director’s social network. We argue that the quality of board performance could be improved where the social network closure within the board is high and there are many non-redundant contacts beyond the board. Network closure can improve trust and collaboration within a board, while external contacts may benefit a company with more diverse sources of information. Moreover, different network positioning leads to the inequality of social capital for directors. With more …
Agency And Partnership Law [2016], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2016], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
No abstract provided.
Equity And Trusts [2016], Hang Wu Tang
Equity And Trusts [2016], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution [2016], Man Yip
Restitution [2016], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Legal Barriers To Supply Chain Connectivity In Asean, Locknie Hsu
Legal Barriers To Supply Chain Connectivity In Asean, Locknie Hsu
Research Collection Yong Pung How School Of Law
This is an Interim Report published pursuant to a Tier 1 research grant from SMU, examining legal barriers to doing business in ASEAN countries. The Interim Report presents research material and findings on such barriers and a number of actionable preliminary recommendations for policy-makers to consider and utilise. The main areas of barriers examined are corporate, trade, investment, land use, dispute settlement and legal information barriers encountered in the region. The Final Report is expected to be published in March 2018.
Equity And Trusts [2016], Hang Wu Tang
Equity And Trusts [2016], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan Chen, Bethel Ruiyi Chan, Eden Yiling Li
Some Reflections On The Willem C Vis And Vis East International Commercial Arbitration Moots: Negotiating And Bridging The Civil-Common Divide, Siyuan Chen, Bethel Ruiyi Chan, Eden Yiling Li
Research Collection Yong Pung How School Of Law
This article draws from the co-authors’ personal experiences of competing in the Willem C. Vis and Vis East International Commercial Arbitration Moots and highlights the importance of awareness of diversity in legal traditions. The article focuses on points of divergence between the civil and common law jurisdictions in three main aspects: substantive law, procedural rules and advocacy techniques. Specifically, the article discusses the doctrine of good faith in the United Nations Convention on Contracts for the International Sale of Goods, the group of companies doctrine, and the concept of discovery and disclosure in the International Bar Association Rules on the …
The Science Of Policy-Making, Singapore Management University
The Science Of Policy-Making, Singapore Management University
Perspectives@SMU
The need for science-based evidence for policy makers to understand issues, manage risks and handle tradeoffs
Demand Side Of Corruption And Foreign Investment Law, Austin Ignatius Pulle
Demand Side Of Corruption And Foreign Investment Law, Austin Ignatius Pulle
Research Collection Yong Pung How School Of Law
The United Nations Conventionagainst Corruption, regional anti-corruption conventions, the US ForeignCorrupt Practices Act, and laws against foreign bribery passed pursuant to theOECD Convention on Bribery have not operated to substantially reduce foreigncorrupt practices. The “design flaw” in these instruments and laws is that theyabandon the model of domestic anti-bribery laws that target both the supply anddemand side of corruption, and instead focus only on the supply side ofcorruption. Shielded from international accountability, corrupt officials inthe demand side continue to extort bribes from investors and other businessmenwho wish to operate in their countries. Arbitration decisions that considercorruption in the context of …
Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang
Cybercrime Deterrence And International Legislation: Evidence From Distributed Denial Of Service Attacks, Kai-Lung Hui, Seung Hyun Kim, Qiu-Hong Wang
Research Collection School Of Computing and Information Systems
In this paper, we estimate the impact of enforcing the Convention on Cybercrime (COC) on deterring distributed denial of service (DDOS) attacks. Our data set comprises a sample of real, random spoof-source DDOS attacks recorded in 106 countries in 177 days in the period 2004-2008. We find that enforcing the COC decreases DDOS attacks by at least 11.8 percent, but a similar deterrence effect does not exist if the enforcing countries make a reservation on international cooperation. We also find evidence of network and displacement effects in COC enforcement. Our findings imply attackers in cyberspace are rational, motivated by economic …
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 …
Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan
Soft Law And The Development Of Norms And Trust In Countering The Terrorist Threat: Engaging The Faith Communities In Post-9/11 Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
On July 6, 2010, Singapore's Internal Security Department (ISD) announced that a “self-radicalized,” full-time national serviceman had been detained under the Internal Security Act (ISA) since April 4, 2010. Muhammad Fadil bin Abdul Hamid (Fadil), age 20, would be detained under the ISA for two years in the first instance. According to the media statement, Fadil had become convinced that “it was his religious duty to undertake armed jihad alongside fellow militants and strive for martyrdom.” According to local media reports, Fadil was the sixth known case of self-radicalization. Fadil was subsequently released on a Restriction Order on April 4, …