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Articles 1 - 30 of 52
Full-Text Articles in Law
The Potential Collapse Of The Tpp: Implications For Asean, Henry S. Gao
The Potential Collapse Of The Tpp: Implications For Asean, Henry S. Gao
Research Collection Yong Pung How School Of Law
Asia has the most to lose in the event of a collapse of the Trans-Pacific Partnership (TPP) given the importance of trade to growth performance for the region’s economies, and that a third of the TPP members are also part of the Association of Southeast Asian Nations (ASEAN).
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan noted that 2016 will probably be remembered as the year of the populist revolt against the elites, against the backdrop of bewildering disruptions and an abiding sense of displacement and control accentuated by technological advancements. He highlighted that the critical challenge is to bring trust back into the core of the relationship between those in power and the masses, adding that governments need to purposively deal with people's resentments, fury and fears.
The Tpp: Threat Or Treat To China, Henry S. Gao
The Tpp: Threat Or Treat To China, Henry S. Gao
Research Collection Yong Pung How School Of Law
The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.
The Tpp: Threat Or Treat To China, Henry S. Gao
The Tpp: Threat Or Treat To China, Henry S. Gao
Research Collection Yong Pung How School Of Law
The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.
Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh
Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
This article examines the main monetary remedies for breach of fiduciary duty under Singapore law: equitable compensation and account of profits. Both areas of law are in need of clarification, though for different reasons. The law on the account of profits appears stable and uncontroversial. There has not been an opportunity for the courts to consider more fully the proper limitations on the scope of account. However, the authorities that are on point suggest that the duty to account for profits follows almost as a matter of course from breach. In particular, causation between profits and breach is seemingly irrelevant …
Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene
Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Being a hyper-connected society, our national security is also increasingly being redefined by threats in the cyberspace. Cyberattacks have evolved from a nontraditional security threat to a new domain of intense conflict, involving deception and sabotage.
A Harmonized System Of International Commercial Arbitration Within The Aec And Beyond?, Locknie Hsu
A Harmonized System Of International Commercial Arbitration Within The Aec And Beyond?, Locknie Hsu
Research Collection Yong Pung How School Of Law
No abstract provided.
A Guide To The Singapore Constitution (2nd Ed.), Smu Apolitical
A Guide To The Singapore Constitution (2nd Ed.), Smu Apolitical
Student Publications
This primer is an introductory guide to the Constitution, its history, the legal concepts associated with it (such as the separation of powers and constitutional supremacy) and so much more. With illustrations and diagrams to aid in understanding, it is designed for readers of all ages and from all walks of life. The Constitution is the supreme law of the land. It provides for, among other things, the 3 branches of the Singapore government (namely, the executive, the legislature and the judiciary) and secures our fundamental liberties. The provisions in the Constitution are applied in our daily lives, both directly …
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Research Collection Yong Pung How School Of Law
Trade policy is formulated through a rather complex decision-making process that involves two-way interactions between actors in public and private sectors. Such interactions are of particular importance in resolving trade controversies in the information and communication technology (ICT) sector. Focusing on the conflicts between the EU and its trading partners in the Greater China Area regarding certain innovation policies in this high-tech industry, this Article underscores how catch-up strategies adopted by latecomer economies in East Asia may implicate the world trade order in recent years. Loosely built upon the insights of public-private network theory, this Article identifies key variables—economic, legal, …
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singapore is on the threshold of the most significant re-engineering to its constitutional architecture since the introduction of the Elected Presidency (EP) in 1991.
Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng
Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The establishment of the Singapore International Commercial Court (“SICC”) marks a significant development in Singapore’s private international law. This note leverages on the Singapore High Court decision of IM Skaugen SE v MAN Diesel & Turbo SE [2016] SGHCR 6 to discuss two key issues raised by the SICC: the relationship between the Singapore High Court’s and the SICC’s jurisdictional rules, and the applicable test for the exercise of the SICC’s jurisdiction. This note argues that the possibility of a transfer to the SICC should influence the High Court’s exercise of its international jurisdiction, and that the SICC should not …
Product Intervention For Retail Structured Investment Products: A Comparison Of Rules In Singapore, Hong Kong And Taiwan, Christopher C. H. Chen
Product Intervention For Retail Structured Investment Products: A Comparison Of Rules In Singapore, Hong Kong And Taiwan, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article compares new product intervention rules in Singapore, Hong Kong and Taiwan for complex structured investment products. Singapore’s approach is to improve firms’ internal safeguard, while Hong Kong’s approach is to require prior authorisation for new unlisted structured investment products by the securities regulator. Taiwan’s approach is to have a self regulatory body reviewing a product beforehand. This article argues that it is difficult to review the merit of a financial product in advance and thus it is difficult to have a true gatekeeper for toxic financial products. Before product intervention, we must first identify clear objectives. Regulators have …
The Audacity Of Schooling’S Faith, Tan K. B. Eugene
The Audacity Of Schooling’S Faith, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
For a young country starved of sporting success on the world stage, Singapore has lionised and feted its Rio Oympics hero, Joseph Schooling, since his sensational victory in the 100m butterfly event — and rightfully so.
Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore, Christopher C. H. Chen
Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
The greying of society has become a significant problem in Singapore and many parts of Asia, putting great financial pressure on various aspects of the economy, including the insurance and pension markets. In this article, we generally examine certain key aspect of legal infrastructure in Singapore to see if insurance law and financial regulations in Singapore is well equipped to cope with potential problems from an aging society in the near future. In addition to conventional insurance products, we also explore other ways to hedge the so-called ‘longevity risk’ by alternative risk management products in both the wholesale and retail …
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 plaintiff in Tan Bee Hock v F G Builders Pte Ltd was riding a motorbike when he skidded on a metal plate placed by the defendantat the entrance to a condominium. The plaintiff sued for his injuries in negligence, nuisance, and breach of statutory duty. On the facts, Kannan Ramesh JC (as his Honour then was) found that there was nothing unsafe about the metal plate and dismissed the claims in nuisance and negligence. Having found that the defendants had not done anything unsafe, Ramesh JC also dismissed the breach of statutory duty action, and in doing so, observed …
Restitution [2015], Man Yip
Restitution [2015], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee
Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Constitutional changes effected to Singapore's Constitution in 1991 transformed the office of President from a purely ceremonial one chosen by the Parliament, to one directly elected by the people exercising certain discretionary powers. Among other things, the President may now veto attempts by the Government to deplete the nation's past financial reserves, and to effect unsuitable appointments to or dismissals of key public officers. Now, the Government is proposing to tweak the system further.
Restitution [2015], Man Yip
Restitution [2015], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Equity And Trusts [2015], Hang Wu Tang
Equity And Trusts [2015], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.
Tort Law [2015], Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law [2015], Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Equity And Trusts [2015], Hang Wu Tang
Equity And Trusts [2015], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
How to ensure that minorities can be periodically elected, if we have not had a minority President for some time, is probably the most controversial term of reference for the high-powered Constitutional Commission chaired by Chief Justice Sundaresh Menon.
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy. By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit. As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …
Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo
The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo
Research Collection Yong Pung How School Of Law
For the interpretation of clauses that purportto allow a contracting party, the proferens, to exclude or limit, or beindemnified against, liability that arises by reason of his or his agents’negligence, certain principles were laid down by the Privy Council in 1952 inCanada Steamship Lines Ltd v The King. Famously known as the ‘Mortonprinciples’ (named after Lord Morton who delivered the judgment of the PrivyCouncil) or the ‘Canada SS rules’ or guidelines, they prescribe a three-steptest to determine if these clauses effectively provide the protection sought bythe proferens. In Singapore, the Court of Appeal in Marina Centre Holdings PteLtd v Pars …