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Full-Text Articles in Law
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …
The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua
The Future Of International Mediated Settlement Agreements: Of Conventions, Challenges And Choices, Eunice Chua
Research Collection Yong Pung How School Of Law
In 2002, UNCITRAL developed the Model Law on International Commercial Conciliation.1 Although at that stage there was a strong effort to develop a uniform enforcement mechanism, the ultimate conclusion was that because of the great variance in the technicalities of domestic procedural laws, harmonisation by way of uniform legislation was not feasible (UNCITRAL 2004: 55). Eventually, Article 15 merely provided that: If the parties reach and sign an agreement settling a dispute, that settlement agreement is binding and enforceable … [the enacting State inserts a description of the method of enforcing settlements agreements or refers to provisions governing such enforcement].
Interview With The Honourable Justice Chang-Fa Lo (Justice, Constitutional Court, Taiwan; National University College Of Law) And Dr Winnie Jo-Mei Ma, (Honorary Associate Professor, Bond University Faculty Of Law, Australia) On The Draft Convention On Cross-Border Enforcement Of International Mediated Settlement Agreements, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Re-Assessing The Evidentiary Regime Of The International Court Of Justice: A Case For Codifying Its Discretion To Exclude Evidence, Siyuan Chen
Research Collection Yong Pung How School Of Law
Like many international tribunals, the International Court of Justice subscribes heavily to the principle of free admissibility of evidence. Neither its statute nor rules impose substantive restrictions on the admissibility of evidence, whether by way of exclusionary rules or an exclusionary discretion. Instead, the court’s practice has been to focus on evaluating and weighing the evidence after it has been admitted. There are certainly features of the ICJ that sets it apart from domestic courts and arguably justify such an approach: the ICJ is for settling disputes between sovereign states; it does not use a typical fact-finding system; its rules …
Singapore And International Law, Chin Leng Lim, Mahdev Mohan
Singapore And International Law, Chin Leng Lim, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Adherence to and observance of international law in Singapore foreign policy is well-known. Affirmation of the demands of international law has been a key feature of various foreign policy statements. This is unsurprising. Small states, in particular, benefit from a rule-based and rule of law-based international order. A trading nation like Singapore, in particular, thrives on a relatively predictable global environment. International legal rules help to foster such an environment.