Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Series

2006

Research Collection Yong Pung How School Of Law

Articles 1 - 30 of 30

Full-Text Articles in Law

A Universal Copyright Fund: A New Way To Bridge The Copyright Divide, Kung-Chung Liu, Haochen Sun Dec 2006

A Universal Copyright Fund: A New Way To Bridge The Copyright Divide, Kung-Chung Liu, Haochen Sun

Research Collection Yong Pung How School Of Law

The ever-increasing digitization of works, along with the deployment of technical measures to protect such works and the expansive use of the Internet, further exacerbate the divide between the IP-rich and IP-poor countries in their ability to benefit from such works. It is suggested by this paper that to borrow from experiences on how the telecommunications world provides universal service to each and every household at affordable prices, and to endeavor to shed some new light on how the copyright divide can be narrowed. It is structured in three parts. The first part will examine the past and future failure …

Go to article

Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao Nov 2006

Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since the World Trade Organization (WTO) was established, China his made large-scale efforts to shape its trade remedy system through legal and organizational changes. Through these changes, China could clarify the meanings of WTO anti-dumping provisions including the provision relating to the definition of domestic industry. Moreover, procedural disciplines on reviews were fortified in Chinese anti-dumping system. While the overall improvements to the trade remedy system of China are evident, definitions of several key legal terms, including the concept of related producers, the negligible import standard, and adjustment factors for a fair comparison between normal values and export prices are …

Go to article

Natural Obligations And The Common Law Of Unjust Enrichment, Hang Wu Tang Nov 2006

Natural Obligations And The Common Law Of Unjust Enrichment, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Two leading restitution scholars have recently argued that the notion of natural obligations is now an important defence in the law of unjust enrichment. 'In particular, the late Professor Peter Birks asserts, in his last book, that 'the claimant cannot say that the money was not due if, behind the technicalities of the law, there was still a moral obligation to pay.' This development is interesting because the concept of natural obligations is traditionally thought to be a civilian and not a common law concept. Birks' assertion represents an attempt to use the study of comparative law to interpret the …

Go to article

Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay Nov 2006

Justice For The Vulnerable? Debating The Relationship Between Aboriginal People And Australian Criminal Justice, Mark Findlay

Research Collection Yong Pung How School Of Law

As much as it might be said that a nation is judged by the way it treats its most disadvantaged citizens, the reality of criminal justice is dependent on its relations with the vulnerable. On any measure Australian criminal justice is indicted by the overrepresentation of Aboriginal people in its domain.

Go to article

Unjust Enrichment And Wrongly Paid Tax, Hang Wu Tang Nov 2006

Unjust Enrichment And Wrongly Paid Tax, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Boake Allen Limited v. Revenue and Customs Commissioners [2006] EWCA Civ 25 concerned early payment of Advance Corporation Tax ("ACT"). ACT was normally payable when a company paid dividends to its shareholders, but there was a statutory exception where the company was a subsidiary of a United Kingdom company and both the parent and subsidiary made a group income election. If the tax authorities accepted the election, the obligation to pay ACT would only accrue when the parent company paid dividends. Section 247 of the Income and Corporation Taxes Act 1988 ("ICTA") stipulated that group income elections were only available …

Go to article

Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene Sep 2006

Of Dreams And Bubbles: Right-Sizing Home Ownership, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Is public housing now seen more as a consumption good or investment good? And with all that has been said about an 'asset ,bubble', should we be worrying about an 'expectations trap' instead? Assistant Professor Eugene Tan and Associate Professor Sing Tien Foo give their take on what the changes augur.

Go to article

Government Procurement: A View From Asia, Locknie Hsu Sep 2006

Government Procurement: A View From Asia, Locknie Hsu

Research Collection Yong Pung How School Of Law

There is no single approach to government procurement regulation among Asian countries. While some are signatories to the WTO's Government Procurement Agreement (GPA), others are not. Some have deliberate policies which confer preferences on domestic suppliers of goods and services. Even so, some have embarked on changing their GP regimes independently of WTO requirements. Yet others appear to be prepared to make changes in tandem with the negotiation of bilateral or regional free trade agreements. This article examines government procurement from these varied perspectives of Asian countries.

Go to article

The Law Of International Commercial Arbitration In Singapore, Warren B. Chik Jul 2006

The Law Of International Commercial Arbitration In Singapore, Warren B. Chik

Research Collection Yong Pung How School Of Law

The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.

Go to article

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee Jul 2006

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Go to article

Independent Administrative Authorities And The Standard Of Judicial Review, Saskia Lavrijssen, Maartje De Visser Jun 2006

Independent Administrative Authorities And The Standard Of Judicial Review, Saskia Lavrijssen, Maartje De Visser

Research Collection Yong Pung How School Of Law

Recent developments in European competition and electronic communications law have led to an increased focus on, and importance of, independent administrative authorities. The competences available to these authorities are often wide-ranging, at times encompassing elements of all three of Montesquieu’s powers. These competences typically embody a considerable degree of discretion to allow the balancing of the – opposing – interests of various groups of stakeholders, such as consumers, competitors and manufacturers. This raises the question how the independence of administrative authorities can be counterbalanced by a certain degree of accountability for their actions. The aim of the present article is …

Go to article

Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander Jun 2006

Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has made it to Hollywood. The opening scene of the romantic comedy The Wedding Crashers (2005) features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalisation of the themes with which it deals. When mediation becomes one of those themes …

Go to article

The Public Policy And Mandatory Rules Of Third Countries In International Contracts, Adeline Chong Apr 2006

The Public Policy And Mandatory Rules Of Third Countries In International Contracts, Adeline Chong

Research Collection Yong Pung How School Of Law

While party autonomy has risen in the field of contract, this autonomy is not unfettered. Parties are allowed to choose the governing law of the contract but limitations on party choice can be seen through the operation of public policy and mandatory rules. The public policy and mandatory rules of three laws may be imposed onto the contract: that of the lex fori, the governing law of the contract and the law of a third country with a connection to the contract. It is generally accepted that the public policy and mandatory rules of the forum have a legitimate role …

Go to article

Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander Apr 2006

Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has made it to Hollywood. The opening scene of the romantic comedy, The Wedding Crashers (2005), features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated, and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalization of the themes with which it deals. When mediation becomes one of those themes …

Go to article

Paradoxical Impact Of Asymmetric Regulation In Taiwan's Telecommunications Industry: Restriction And Rent Seeking, Yuntsai Chou, Kung-Chung Liu Apr 2006

Paradoxical Impact Of Asymmetric Regulation In Taiwan's Telecommunications Industry: Restriction And Rent Seeking, Yuntsai Chou, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

The mobile penetration rate in Taiwan has climbed from 6.86 to 112.15. Mobile phone accounts per 100 capita in the first 6 years of market competition, during this time the state-owned incumbent Chunghua Telecom has been dethroned by a new entrant, Taiwan Cellular Corp. This paper addresses the cause of Taiwan's unprecedented mobile growth, and provides policy solutions for countries that strive to improve their telecommunications sectors in a short time scale. The authors highlight the fundamental role of asymmetric regulation, rather than pure liberalization, in the creation of the deregulated telecommunications industry in Taiwan. The asymmetric regulation in Taiwan …

Go to article

Milky Way And Andromeda: Privacy, Confidentiality And Freedom Of Expression, George S. S. Wei Mar 2006

Milky Way And Andromeda: Privacy, Confidentiality And Freedom Of Expression, George S. S. Wei

Research Collection Yong Pung How School Of Law

This article examines the extent to which the law of confidence protects private personal information. In the UK, much of the impetus for greater protection comes from the European Convention on the Protection of Human Rights and Fundamental Freedoms. How privacy and freedom of expression are to be balanced either within the law of confidence or through the development of a new tort of privacy is a question that has given rise to much discussion in the courts and elsewhere. Developments in this area are the focus of this article together with the issue as to whether similar developments might …

Go to article

Interface Between Ip And Competition Law In Taiwan, Kung-Chung Liu Feb 2006

Interface Between Ip And Competition Law In Taiwan, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

The modernization of Taiwan’s intellectual property (IP) laws has been most marked in the last 10 to 15 years.] During that period, Taiwan also responded to U.S. Section 301 pressure by enacting and enforcing the Fair Trade Act of 1991, a general competition law. The issue of the interface between IP and antitrust law has gradually gained sigdcance in the last couple of years. To some extent, as its development in Taiwan testifies, competition law has circumscribed the scope of IP laws and inacted a spd-over effect on the IP laws. The ramification of competition law in Taiwan with regard …

Go to article

Labeling Genetically Modified Food: Comparative Law Studies From Consumer's Perspective, Christopher C. H. Chen Jan 2006

Labeling Genetically Modified Food: Comparative Law Studies From Consumer's Perspective, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This article focus on the genetically modified food and labelling requirement. The relatively new technology raises some concerns over the safety of food containing genetically modified substance. The "substantial equivalent" doctrine, adopted by the U.S., and the "precautionary" doctrine, taken by the EU, represent two contradictory approaches to reconcile new biotechnology and consumer protection, a difference influenced by politics or food industry rather than by consumer attitudes. In this article, we argue that consumers cannot make their own choices and exercise market power without a certain degree of disclosure of information. However, even though food labelling is an effective way …

Go to article

Contract Law, Pey Woan Lee, Pearlie Koh, Chee Ho Tham Jan 2006

Contract Law, Pey Woan Lee, Pearlie Koh, Chee Ho Tham

Research Collection Yong Pung How School Of Law

The issue of contract formation arose in the unusual context of civil procedure in Wellmix Organics (International) Pte Ltd v Lau Yu Man [2006] 2 SLR 117 (see also para 10.60 on “Mistake”). The plaintiff in this case unsuccessfully sought to enforce a consent unless order against the defendant. Andrew Phang Boon Leong J (as he then was) emphasised that, keeping in view its very drastic consequence of depriving a party of his cause of action, such an order will only be established where the terms of the agreement are clear and unambiguous. It was clear on the facts that …

Go to article

Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan Jan 2006

Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.

Go to article

Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff Jan 2006

Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff

Research Collection Yong Pung How School Of Law

This article explores the impact that different perceptions of time may have on cross-cultural negotiations. Beyond obvious issues of punctuality and timekeeping, differences may occur in the value placed on the uses of time and the priorities given to past, present, or future orientations. The role of time in negotiations involves two key dimensions: differing perceptions and values of time, and the management of time. Both dimensions, the author suggests, need to be on the negotiation table.

Go to article

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee Jan 2006

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The issue of contract formation arose in the unusual context of civil procedure in Wellmix Organics (International) Pte Ltd v Lau Yu Man [2006] 2 SLR 117 (see also para 10.60 on “Mistake”). The plaintiff in this case unsuccessfully sought to enforce a consent unless order against the defendant. Andrew Phang Boon Leong J (as he then was) emphasised that, keeping in view its very drastic consequence of depriving a party of his cause of action, such an order will only be established where the terms of the agreement are clear and unambiguous. It was clear on the facts that …

Go to article

Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander Jan 2006

Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.

Go to article

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli Jan 2006

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli

Research Collection Yong Pung How School Of Law

Geographical indications of origin (GIs), their definition, and rationale for protection have historically been the subjects of heated debates in the international community. Fierce defenders of GIs protection, European countries have traditionally advocated that GIs should not be used by unrelated parties because GIs identify the unique qualities, characteristics, and reputation of the products to which they are affixed. To this claim, the United States and other "new world" countries have generally responded by pointing out that many GIs are generic terms on their soil, and, thus, consumers could not be confused as to the origin of the products identified …

Go to article

China’S Legal Battles In The Wto, Henry S. Gao Jan 2006

China’S Legal Battles In The Wto, Henry S. Gao

Research Collection Yong Pung How School Of Law

For many observers, a major practical question raised by China’saccession to the WTO is the following: Can the DSScopewithChina? On the one hand, there is alegalistic rule-based disputesettlement system, which has been regarded by some aS the“crown-jewel of the WTO” as well as “the most important

Go to article

Interview With Michael Leathes, Nadja Alexander Jan 2006

Interview With Michael Leathes, Nadja Alexander

Research Collection Yong Pung How School Of Law

Alexander: Can you describe your professional role and how it relates to international mediation?Leathes: I have been an in-house counsel for most of my 36-year career, including general counsel of Pfizer International and of International Distillers & Vintners and general manager of BAT’s intellectual propertycompany. In all these roles I have been responsible for litigation portfolios internationally—in total, thousands of cases. Before I figured out a better way, I’m certain that I must have been responsible for about as many losses as wins. Then, in the late 80s, I discovered mediation…A: And what happened?L: Together with the teams of people …

Go to article

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli Jan 2006

Expanding The Protection Of Geographical Indications Of Origin Under Trips: Old Debate Or New Opportunity, Irene Calboli

Research Collection Yong Pung How School Of Law

Geographical indications of origin (GIs), their definition, and rationale for protection have historically been the subjects of heated debates in the international community. Fierce defenders of GIs protection, European countries have traditionally advocated that GIs should not be used by unrelated parties because GIs identify the unique qualities, characteristics, and reputation of the products to which they are affixed. To this claim, the United States and other "new world" countries have generally responded by pointing out that many GIs are generic terms on their soil, and, thus, consumers could not be confused as to the origin of the products identified …

Go to article

Numerus Clausus: An Economic Perspective, Wei Zhang Jan 2006

Numerus Clausus: An Economic Perspective, Wei Zhang

Research Collection Yong Pung How School Of Law

Numerus clausus refers to the principle that both the form and the substance of a property right shall be prescribed by the law, which essentially restricts the freedom to “customize” the legally enforceable property interests.2 It has long been regarded as a basic principle in Civil Law countries, while the recent studies of U.S. scholars suggest that its essence exists in the Anglo-American law as well.

Go to article

Regulating Directors' Duties With Civil Penalties: Taking A Leaf From Australia's Book, Pey Woan Lee Jan 2006

Regulating Directors' Duties With Civil Penalties: Taking A Leaf From Australia's Book, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This article examines whether the use of the criminal penalty as a 'default' sanction for regulating directors' core duties in Singapore is excessive, and if so, whether civil pecuniary penalties ought to be introduced in the reform of the existing sanctions regime. These questions are addressed principally by reference to the Australian experience.

Go to article

The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White Jan 2006

The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White

Research Collection Yong Pung How School Of Law

The question of whether corruption is antithetical to economic development has been extensively researched and debated since the 1960s. While nearly all participants in the debate appear to agree that corruption ultimately is antithetical to long-term economic development, the extent to which it positively or negatively affects economic development in the short term depends upon highly contextual factors. In different countries and regions of the world, factors of local culture and history, the nature of the state, the type of corruption and actors involved, and the political responses and motivations to curtail corruption all inform the answer to this question. …

Go to article

Dividing Hedging And Gambling: Legal Implications Of Derivative Instruments, Christopher C. H. Chen Jan 2006

Dividing Hedging And Gambling: Legal Implications Of Derivative Instruments, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

The past three decades have seen the emergence in themarket of many different types of “derivativeinstruments”, ranging from futures, forwards, options,and swaps1 to some other hybrid instruments2 orsynthetic transactions3 . Along with insurance,derivative instruments help market participants notonly to hedge various types of risks but also to engagein market speculation. A derivative transaction couldserve the purpose of avoiding large losses (i.e. hedging)as well as earning a windfall (i.e. speculation). As such,one question arises: Is there any difference betweengambling and derivative trading?

Go to article