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Articles 31 - 60 of 133
Full-Text Articles in Law
An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng
An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
This paper is directed at a deep investigation of Thomas Aquinas's position on the relationship between justice and legality, a perennial debate in legal philosophy - are unjust laws laws at all? Modern natural law theorists taking contradictory positions all claim to be faithful to Aquinas's ideas on the matter. Yet, they cannot all be correct. This paper aims to discern Aquinas's true position on the matter by undertaking a detailed study of Aquinas's Treatise on Law, the broader context of the Summa Theologiae within which the Treatise is situated, and Aquinas's methodological and definitional approaches.
Is Article 16(3) Of The Model Law A ‘One-Shot Remedy’ For Non-Participating Respondents In International Arbitrations?, Darius Chan
Research Collection Yong Pung How School Of Law
It is not uncommon for practitioners acting for claimants in an arbitration to encounter a respondent who chooses to boycott the arbitral process. In cases involving such “non-participating” respondents, what are the rights and obligations of each party? Specifically, insofar as Model Law jurisdictions are concerned, if a tribunal decides on jurisdiction as a preliminary issue must the non-participating respondent apply under Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration (Model Law) to the curial Court to review that decision, or otherwise lose the right to challenge any eventual award thereafter on jurisdictional grounds? Can the non-participating …
Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander
Siac-Simc's Arb-Med-Arb Protocol, Aziah Hussin, Claudia Kuck, Nadja Alexander
Research Collection Yong Pung How School Of Law
In conjunction with its launch on 5 November 2014, the Singapore International MediationCentre (SIMC), in collaboration with the Singapore International Arbitration Centre (SIAC), introduced the Arbitration-Mediation-Arbitration (Arb-Med-Arb) Protocol (the AMA Protocol), aprocess that aims at combining the benefits of these two most prominent alternative dispute resolution tools.
2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, Siyuan Chen, Eunice Chua
2018 Changes To The Evidence Act And Criminal Procedure Code - The Criminal Justice Reform Bill And Evidence (Amendment) Bill, Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
Various portions of the Evidence Act and Criminal Procedure Code were amended in 2018 vide the Criminal Justice Reform Bill and Evidence (Amendment) Bill; this was a continuation of a series of gradual but important changes to the criminal justice system that had begun in 2010 when the old Criminal Procedure Code was replaced. This legislation comment outlines and briefly analyses some of the most substantive changes brought about by the 2018 amendments: the video-recording of interviews in criminal proceedings; the introduction of a psychiatrist panel to regulate the reception of evidence from expert psychiatric witnesses in criminal proceedings; and …
Family Law, Siyuan Chen
Family Law, Siyuan Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua
The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua
Research Collection Yong Pung How School Of Law
Overview of the Season. This is the fourth annual review of Singapore’s performance in international moot competitions. As the latest moot season draws to a close, we are happy to report that the 2017/18 season has been another fairly decent one for Singapore mooters.
Can Mediation Survive In A World Of Trumpian Negotiators? Thought Provoking - New Thinking, Nadja Alexander
Can Mediation Survive In A World Of Trumpian Negotiators? Thought Provoking - New Thinking, Nadja Alexander
Research Collection Yong Pung How School Of Law
Berkaca pada implementasi Konvensi New York yang terbilang sukses memudahkan eksekusi putusan arbitrase, maka eksekusi aset hasil perjanjian mediasi melalui Singapore Mediation Convention bukanlah hal yang mustahil.
Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn
Reframing The Sustainable Development Goals To Achieve Sustainability In The Anthropocene — A Systems Approach, Michelle Mei Ling Lim, Peter Sogaard Jorgensen, Carina Wyborn
Research Collection Yong Pung How School Of Law
Griggs et al. (2013) redefine sustainable development as “development that meets the needs of the present while safeguarding Earth’s life-support system, on which the welfare of current and future generations depend.” We recommend this as the end goal that the United Nations sustainable development goals (SDGs) should strive to achieve. Integration across the SDGs is less than what is required from a science perspective. Effective implementation of the SDGs will require States to attend to trade-offs and overlaps. We argue that continuous failure to address integration within the SDGs will jeopardize realization of this ultimate end goal. Therefore, we adopt …
Law Collection @ Smu Libraries: Raising The Bar For Access And Discovery, Shameem Nilofar Maideen
Law Collection @ Smu Libraries: Raising The Bar For Access And Discovery, Shameem Nilofar Maideen
Research Collection Library
No abstract provided.
Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang
Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang
Research Collection Yong Pung How School Of Law
In this article, we examine a general question: is the legal transplantation of corporate governance rule effective in curtailing agency costs? Entering into the 21st century, we have seen reforms of corporate governance standards in the Far East since the Asian Financial Crisis in 1997, including in Hong Kong and Singapore. These reforms built on the Anglo-American model of corporate governance in the UK and US supported by broad academic literature of connecting better corporate governance with firm value and identifying the association of tunneling or wrongdoings with poor corporate governance practices. The idea is also to provide more checks-and-balances …
Implications Of Reposting Copyright Material Online And Svensson Distinguished In Cjeu Judgment: Land Nordrhein-Westfalen V Dirk Renckhoff, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This comment considers the CJEU’s recent decision in Land Nordrhein-Westfalen v Dirk Renckhoff (Case C-161/17) EU:C:2018:634, concerning the legality of reposting copyright-protected material on the Internet. Notably, the earlier decision of the CJEU in Svensson – which was a case on hyperlinking and although cited fairly extensively in argument – was carefully distinguished on the facts.
Signposting As A Principle In Lawmaking, Seow Hon Tan
Signposting As A Principle In Lawmaking, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman
It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues, Rathna N. Korman
Research Collection Yong Pung How School Of Law
This article aims to establish that Singapore’s drug policy and approach though not in tandem, is consistent with the elements espoused in the harm reduction approach advocated by the Global Commission on drug policies. The Commission takes the position that drug control nationally has to be aligned with the sustainable development goals agenda approved by the member states in 2015. It has recommended abolishing death penalty for all drug related offences, decriminalizing drug possession and cultivation for personal consumption, implementing non-penal sanctions for all low level drug offenders, and exploring non-penal regulatory models following decriminalization. There is a paradigm shift …
Corporal Punishment Of Children By Parents: Is It Discipline Or Violence And Abuse?, Wing Cheong Chan
Corporal Punishment Of Children By Parents: Is It Discipline Or Violence And Abuse?, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Physical punishment is still used as a means of child discipline by Singaporean parents. Is there a difference between such use of violence and abuse of children which is punishable as a criminal offence? What does Singapore and international law say about the use of punitive force on children by parents and other adults who act in loco parentis? This article argues that there is in fact sufficient evidence that Singapore law implicitly prohibits corporal punishment of children by their parents.
Strengthening The Legal Practice The Heart Way, Tan K. B. Eugene
Strengthening The Legal Practice The Heart Way, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that even as the legal profession strives to remain relevant, it must resolve to be steadfast and true to its calling. The report of the Committee for the Professional Training Lawyers recently released urged all those seeking to read law and to practise law “[to] be frank in asking themselves why they are attracted to the profession”. Associate Prof Tan noted that with the Government accepting in principle the committee’s recommendations, the pathway to be a full-fledged lawyer is going to be more demanding and longer.
Building An Informed Citizenry In The Battle Against Disinformation, Tan K. B. Eugene
Building An Informed Citizenry In The Battle Against Disinformation, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that the report of the Select Committee on Deliberate Online Falsehoods affirms a veritable truth: that the best antidote against weaponised falsehoods is an informed citizenry. However, he noted that this recommendation to nurture well-informed citizens is also likely to be the most challenging to realise the desired outcomes. An informed public will take a substantial period of time to evolve. He also cautioned the need for judicial oversight over severe powers that might abuse freedom of speech and expression and recognise that a government of the day may …
A Contribution To The Conversation On Mixing The Modes Of Mediation And Arbitration: Of Definitional Consistency And Process Structure, Eunice Chua
Research Collection Yong Pung How School Of Law
One of the trends that has been growing in importance in international commercial dispute resolution has been the combining and mixing of modes, particularly of mediation and arbitration. Surveys of users indicate that the reason for this growth has been the perception that mixing of non-adjudicative and adjudicative modes can help to achieve certain process goals, such as international enforceability, cost-effectiveness and relationship preservation. This article first suggests an approach towards articulating the myriad ways that mediation and arbitration may be combined, focusing on mediation followed by arbitration (med-arb), arbitration followed by mediation (arb-med), and opening mediation windows in the …
Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua
Feel The Earth Move – Shifts In The International Dispute Resolution Landscape, Eunice Chua
Research Collection Yong Pung How School Of Law
This blog post discusses the themes in international dispute resolution that emerged from a panel on 25 July 2018 at the 2018 UNCITRAL Emergence Conference, moderated by Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy.
Out Now: Recognition And Enforcement Of Foreign Judgments In Asia, Adeline Chong
Out Now: Recognition And Enforcement Of Foreign Judgments In Asia, Adeline Chong
Research Collection Yong Pung How School Of Law
A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore.
The Avoidance Of Pre-Bankruptcy Transactions: An Economic And Comparative Approach, Aurelio Gurrea-Martinez
The Avoidance Of Pre-Bankruptcy Transactions: An Economic And Comparative Approach, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
Most insolvency jurisdictions provide several mechanisms to reverse transactions entered into by a debtor prior to the commencement of the bankruptcy procedure. These mechanisms, generally known as claw-back actions or avoidance provisions, may fulfil several economic goals. First, they act as an ex post alignment of incentives between factually insolvent debtors and their creditors, since the latter become the residual claimants of an insolvent firm but they do not have any control over the debtor´s assets while the company is not yet subject to a bankruptcy procedure. Thus, avoidance powers may prevent or, at least, reverse opportunistic behaviors faced by …
The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene
The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that the recent National Day Rally speech by Prime Minister Lee Hsien Loong should recalibrate HDB home owners’ expectations of their home as an ever-appreciating asset. While the recalibration of the HDB-as-asset message is welcome, Associate Prof Tan noted that more could have been done to raise some hard truths such as how upgrading costs for the HDB flats would be funded given an ageing population and a shrinking workforce.
How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo
How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo
Research Collection Yong Pung How School Of Law
In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation …
Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander
Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and previous Kluwer posts on aspects of Vietnamese mediation, this post offers an overview of the main features of Vietnam’s legal and institutional framework for commercial mediation.
Im Skaugen Se V Man Diesel & Turbo Se [2018] Sghc 123, Adeline Chong
Im Skaugen Se V Man Diesel & Turbo Se [2018] Sghc 123, Adeline Chong
Research Collection Yong Pung How School Of Law
In IM Skaugen SE v MAN Diesel & Turbo SE [2018] SGHC 123, the Singapore High Court had the occasion to discuss and resolve various meaty private international law issues. The facts concerned the alleged negligent or fraudulent misrepresentation by the defendants on the fuel consumption of a specific model of engine that was sold and installed into ships owned by the plaintiffs. The issue before the court was whether the Singapore courts had jurisdiction over the misrepresentation claim. The defendants were German and Norwegian incorporated companies so the plaintiffs applied for leave to serve the writ out of Singapore. …
China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks
China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks
Research Collection Yong Pung How School Of Law
The paper first briefly describes the negotiation process of Marine Protected Areas (MPAs) in the Southern Ocean. Then it examines China's changing position towards the establishment of a Ross Sea MPA, as proposed by the United States and New Zealand in the Commission for Conservation of Antarctic Marine Living Resources. Finally, the paper explores how China's position towards or against Southern Ocean MPAs implies China's future role in Antarctic governance.
Regulatory Rationalisation Clauses In Ftas: A Complete Survey Of The Us, Eu, And China, Ching-Fu Lin, Han-Wei Liu
Regulatory Rationalisation Clauses In Ftas: A Complete Survey Of The Us, Eu, And China, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Mechanisms on regulatory coherence or good regulatory practices have emerged as one of the unique features of preferential trade agreements (PTAs) in the age of mega-regionalism. Led by the United States, for instance, the Trans-Pacific Partnership (‘TPP’), now known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘CPTPP’) introduces a standalone chapter that focuses on the domestic rule-making process. Such design is unique for it goes beyond traditional output-oriented proxies by including a set of input-oriented elements that apply to the rulemaking process of each party, before a regulatory action is taken. These elements, like transparency, public consultation, regulatory …
Smu & Singapore Judicial College To Jointly Offer Master Of Laws In Judicial Studies From August 2019, Singapore Management University
Smu & Singapore Judicial College To Jointly Offer Master Of Laws In Judicial Studies From August 2019, Singapore Management University
SMU Press Releases
Singapore Management University (SMU) School of Law and Singapore Judicial College (SJC), Supreme Court, announced today that they will jointly offer a new Master of Laws in Judicial Studies from August 2019. A first of its kind in the region, the new postgraduate degree programme is designed to provide advanced training for serving judges and judicial aspirants both in and outside of Singapore. Candidates can expect to receive instruction by experienced Singapore judges and interact closely with them while undertaking judicial attachments and dissertations during the programme.
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng
The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choiceof Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by theco-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, andtraditional common law jurisdictional principles within the private international law and procedural rules of a singlenational jurisdiction. This article highlights several key issues raised by the interaction between the SICC, HagueConvention, and common law jurisdictional rules, and proposes solutions to streamline these three sets of rules into acoherent and …
Singapore Convention On Mediation, Nadja Alexander
Singapore Convention On Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution to name the Convention the “Singapore Mediation Convention” was also approved. This concludes three years of vigorous debate with participation by 85 member states and 35 international governmental and non-governmental organisations. Once finalised and adopted by UNCITRAL, the next step is for the UN General …
From Waqf, Ancestor Worship To The Rise Of The Global Trust: A History Of The Use Of The Trust As A Vehicle For Wealth Transfer In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
This Article focuses on the migration of English trust law to Singapore and its past and present uses in relation to wealth transfer through the ages. In Singapore, trust law arrived together with the corpus of English law. Unlike criminal law, which was influenced by Indian codes promulgated by the English in British India, trust law was received into Singapore directly from England.