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Articles 1 - 30 of 48
Full-Text Articles in Law
Religion In The Abortion Discourse In Singapore: A Case Study Of The Relevance Of Religious Arguments In Law-Making In Multi-Religious Democracies, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The article discusses the social issue on religion in the abortion discourse in Singapore. It mentions the relevance of religious arguments in law-making in multi-religious democracies. It notes that laws on abortion vary across different jurisdictions, like prohibiting abortion under all circumstances to freely allowing it without restriction as to reason.
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Research Collection Yong Pung How School Of Law
Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to interpret …
The Amicus Curiae: Friends No More?, S. Chandra Mohan
The Amicus Curiae: Friends No More?, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
A term commonly used in both common law and civil law jurisdictions and in domestic and international tribunals is the Latin term amicus curiae or a 'friend of the court'. Who is this friend of the court and what is his role in legal proceedings? Largely because of the remarkable manner in which this ancient institution has developed in different legal systems and been used differently even in countries sharing a common legal tradition, such as the United States and the Commonwealth countries, the important question is whether the amicus curiae can still be considered a 'friend' of any tribunal …
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law firms to collaborate with …
Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff
Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff
Research Collection Yong Pung How School Of Law
This article provides a brief account of the non-violent resistance of two Maori chiefs, Te Whiti and Tohu, in 19th century New Zealand. Each example of such non-violent or passive resistance is unique to its historical and cultural context; but at the same time there is a tangible common ground between this example and those found elsewhere, such as Martin Luther King and Gandhi. This article will also draw a link between the politics of acts of resistance – in this case, resistance to the forceful acquisition of Maori land – and faith-based justifications. In conclusion, it will be suggested …
E C Investment Holding Pte Ltd V Ridout Residence Pte Ltd And Another (Orion Oil Limited And Another, Interveners), Yihan Goh
Research Collection Yong Pung How School Of Law
The High Court decision of E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Limited and another, Interveners) [2010] SGHC 270 (“E C Investment”) raises several contractual issues, chief amongst which – and the focus of this note – concern duress. This note discusses three points of the judgment relating to duress: (a) the reaffirmation of economic duress as a vitiating factor; (b) the status of lawful threats; and (c) the burden of proof in economic duress cases.
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Following Prime Minister Lee's recent announcement that the Electoral Boundaries Review Committee (EBRC) had been convened, SMU Assistant Professor Eugene Tan opined that the 30-per-cent deviation rule, of which the EBRC operates on, is too wide and ?overly-generous? in small and compact Singapore. Professor Tan also commented that the committee's redrawing of electoral boundaries should avoid being seen as gerrymandering.
International Legal Framework On The Prevention Of Vessel-Source Pollution, Nengye Liu
International Legal Framework On The Prevention Of Vessel-Source Pollution, Nengye Liu
Research Collection Yong Pung How School Of Law
T h is paper exa mi ne s the international legal f r a m e w o r k of the prevention of vessel-source marine pollution. It provides an overview of current international framework. First-the study introduces International Maritime Organization (IM O ) and the Law of the Sea Convention (LO SC ). Second-it analyzes the relation between Conventions adopted under the auspices of the IMO (IMO Conventions) and the LOSC. Third.it discusses major IMO Conventions dealing with prevention of vessel-source pollution. Finally, this paper addresses challenges of the international legal framework.
Four Mediation Stories From Across The Globe, Nadja Alexander
Four Mediation Stories From Across The Globe, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the past 30 years mediation has emerged as a significant dispute resolution narrative around the world. It contains many stories told by different story-tellers -- stories about diverse practices, communities and courts, in creasing institutionalisation, regulation, accreditation, standards, research and theoretical developments. Together these stories weave a tapestry of our social and cultural experience of mediation and define mediation as a narrative, a practice and a profession.
The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes
The European Union And International Maritime Organization: Eu’S External Influence On The Prevention Of Vessel-Source Pollution, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
The European Union (EU), with its 27 Member States, has a coastline 70, 000 km along two oceans and four seas. Its well-being is therefore inextricably linked with the sea.' Europe plays a major role in today's shipping world, 41% of the world's total fieet (in dwt) is beneficially controlled by European companies.^ Ensuring that the use of the marine environment is genuinely sustainable is a prerequisite for the EU's sea-related industries to be competitive.
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Research Collection Yong Pung How School Of Law
The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Research Collection Yong Pung How School Of Law
This case note examines the most recent attempt by the Court of Appeal to provide further guidance on: (a) how the doctrine of discharge of contract by breach operates when both parties are in breach of their contract obligations; and (b) when a promisee is entitled to rely on an alternate basis to justify its election to discharge a contract for the promisor’s breach when the basis originally relied upon and communicated to the promisor is ultimately found to be legally insufficient.
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
Research Collection Yong Pung How School Of Law
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
To Build A Nation From The Bottom Up, Tan K. B. Eugene
To Build A Nation From The Bottom Up, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After 45 years of economic achievement, genuine political participation has to be the next stage
Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,
Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,
Research Collection Yong Pung How School Of Law
The terms “gaming” and “gambling” are fairly wide and they refer to a wide range of activities. Traditionally, the term “gambling” has been used to cover lotteries, wagers and casino-style games. “Gaming” has also been used traditionally in some literature to cover not only activities involving gambling but also games of skill or games predominantly of skill. However, in recent times, certain jurisdictions such as the United States (“US”) and Australia have drawn a distinction between “online gaming” and “online gambling”. The former is used to refer to games played in an online environment which do not have the elements …
The (Ir)Relevance Of Harmonization And Legal Diversity To European Contract Law - A Perspective From Psychology, Gary Low
Research Collection Yong Pung How School Of Law
Differences between contract laws of Member States are often said to impose costs on and deter cross-border trade, and in order to increase cross-border trade, these contract laws ought to be harmonized. This article promises a paradigm shift in considering whether there is a need for harmonization; and if so, what form it ought to take. A behavioural approach is adopted to answer two underlying questions: how do actors think about these differences when they decide to contract? How does the form of harmonization influence such decisions? Insights from disciplines like cognitive and social psychology are identified and applied to …
The Non-Frustration Rule Of The Uk City Code On Takeover And Mergers And Related Agency Problems: What Are The Implications For The Ec Takeover Directive?, Han-Wei Liu
Research Collection Yong Pung How School Of Law
The Takeover Directive, first envisioned in the White Paper on completing the Internal Market, was finally adopted in 2004, after almost 20 years of work. The Takeover Directive is based upon the assumption that the takeover offers numerous benefits to companies, investors, and, ultimately, the European economy as a whole. The functions of a takeover include disciplining management, stimulating competition, and disseminating good management practice, thus improving the quality of management as well as corporate performance. While one of the major purposes of the Takeover Directive is to mitigate the agency problem in the takeover context, some mechanisms, such as …
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
The Challenges For Asian Jurisdictions In The Development Of International Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
The paper reviews the different frameworks for international criminal justice in which China’s influence can be measured, or should be present, looking specifically at procedural traditions on which international criminal law and its jurisprudence are said to be based. Understanding China as a transitional hybrid criminal justice model undergoing radical transformation in its justice delivery and discourse, it is argued, assists significantly in forecasting where the synthesis of international criminal procedure may be heading. Attached to a re-interpretation and critique of individualised liability is the unpacking of China’s in principle commitment to communitarian rights and social protection as a foundation …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The three cases on conversion relate to the following issues: the distinction between the tort of conversion and the choice of remedy for purposes of determining the appropriate limitation period, the underlying rationale for conversion that is based essentially on possession of a chattel and finally, the question of whether a temporary certificate of entitlement for the purchase of a car in Singapore may be converted.
When The Text Runs Out: The Role Of The Court In Constitutional Construction, Jack Tsen-Ta Lee
When The Text Runs Out: The Role Of The Court In Constitutional Construction, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Constitutions in Westminster-style legal systems in Asia such as India, Malaysia and Singapore feature bills of rights with provisions phrased at a high level of abstraction. As a consequence, at some stage a particular constitutional text ‘runs out’ and ceases to provide a court with substantive guidance as to how fundamental liberties should be applied to specific factual scenarios. Nonetheless, as it remains the court’s duty to understand the implications of the constitutional text in order to determine the dispute before it, the judge must necessarily engage in constitutional construction. This may be described as the process of articulating rules …
The Text Through Time, Jack Tsen-Ta Lee
The Text Through Time, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The text of a written constitution or bill of rights is prone to ‘drift’ or ‘slippage’ in the meanings of terms. Even if such meanings have not altered over time, because of changes in attitudes and values there may be disagreement with the text’s framers as to the scenarios that are covered or not covered by terms. This article submits that the distinction between the connotation and denotation of a term that has been applied in Australian jurisprudence is useful for determining the meaning of the text through time. The connotation of a term is the generally unchanging bundle of …
Formal Alliance Not The Panacea, Tan K. B. Eugene
Formal Alliance Not The Panacea, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Opposition still needs to manage the egos of key players and keep distrust between parties at bay
Internet Intermediaries And Copyright Law In Singapore, Warren B. Chik, David Yong
Internet Intermediaries And Copyright Law In Singapore, Warren B. Chik, David Yong
Research Collection Yong Pung How School Of Law
Thisarticle discusses Practice Direction No 2 of 2010 issued by the SubordinateCourts concerning the "ADR Form". It also reviews other jurisdictions’approaches towards encouraging the use of mediation.
Prioritising Strong And Effective Government, Tan K. B. Eugene
Prioritising Strong And Effective Government, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Future tweaks to electoral system should promote deeper political representation, substantive participation
The Validity Of Deal Protection Devices In Negotiatiated Acquisition Or Merger Transactions Under Anglo-American Law, Wai Yee Wan
The Validity Of Deal Protection Devices In Negotiatiated Acquisition Or Merger Transactions Under Anglo-American Law, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This paper analyses deal protection devices, specifically termination fees and lockup agreements, that are entered into by publicly listed target companies in favour of the preferred bidders, under Anglo-American law. US (specifically Delaware) and UK law and regulation differ markedly in the regulation of these devices. Delaware law generally gives more leeway for the target board to enter into deal protection devices. The UK regime is much more shareholder-centric and severely restricts most types of deal protections. This paper explains the differences and argues that the UK regime is the result of the strong influence of institutional share ownership. In …
The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith
The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith
Research Collection Yong Pung How School Of Law
Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don't think that leads to breaches of ethics and social responsibility - breaches that often result in major health, environmental and social tragedies. The article …
‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik
‘Customary Internet-Ional Law’: Creating A Body Of Customary Law For Cyberspace. Part 2: Applying Custom As Law To The Internet Infrastructure, Warren B. Chik
Research Collection Yong Pung How School Of Law
The shift in socio-economic transactions from real space to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective. In Part 2 of this article, I will construct the customary rules to Internet law-making that are applicable …
The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith
The Way We Think: Ethics, Health And The Environment In International Business, David Nathan Smith
Research Collection Yong Pung How School Of Law
Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don’t think that leads to breaches of ethics and social responsibility – breaches that often result in major health, environmental and social tragedies. The article …
China On The World Stage: A Trade Law Perspective, Henry S. Gao
China On The World Stage: A Trade Law Perspective, Henry S. Gao
Research Collection Yong Pung How School Of Law
Before China's accession to the WTO, many observers predicted that the inclusion of the emerging trade power will change the pre-existing power structure in the multilateral trading system. Some even went as far as suggesting that China will become the leader of developing countries in the crusade against developed countries, which have dominated the organization during most of the history of the GATT/WTO. Now that China has been in the WTO for almost nine years, has it really emerged as the leader of developing countries as predicted? In this short essay, I will argue that while China has seen itself …