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Comparative and Foreign Law

2012

Research Collection Yong Pung How School Of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau Aug 2012

Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

Litigants coming up against a large banking institution or corporation in Singapore have not always been able to procure quality legal representation. The larger law firms there, with their established dispute resolution practices and stables of Senior Counsel, are often unable or unwilling to act in litigation against their institutional clients. This article investigates the extent of the problem and the Ministry of Law’s soluion of easing the criteria for ad hoc admission of Queen’s Counsel in Singapore. The author then looks, in some detail, at the factors that a court might consider in any foreign lawyer’s application for admission. …


Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane Mar 2012

Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane

Research Collection Yong Pung How School Of Law

This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a …