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Articles 31 - 60 of 70
Full-Text Articles in Law
Powerful Politicians And Their Hand In Corporate Downsizing, Knowledge@Smu
Powerful Politicians And Their Hand In Corporate Downsizing, Knowledge@Smu
Knowledge@SMU
What is the relationship between government spending and the private sector? Do private companies really benefit from government spending? Would the appointment of politicians in key government committees have an impact on the allocation of government funds? Why do some states receive more government funds than others? These were questions that inspired an analysis into the public-private dynamic, presented at the Singapore Management University recently.
Fault Lines In Our “Garden Of Eden State”, Tan K. B. Eugene
Fault Lines In Our “Garden Of Eden State”, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.
The Red, Yellow And Orange Colours Of Thai Reform, Knowledge@Smu
The Red, Yellow And Orange Colours Of Thai Reform, Knowledge@Smu
Knowledge@SMU
Thailand’s constitution has undergone numerous changes in tandem with the rise and fall of a long line of political players. The shadow of instability lingers. In recent years, two opposing camps have been drawing all the attention: the “yellow” pro-monarchy camp, versus the red-shirt supporters of former prime minister Thaksin Shinawatra. According to Andrew Harding, a visiting law professor at Singapore Management University, the views of the in-betweens, the so-called “orange” camp, which represents the ordinary, nonpartisan Thai citizens, might be the way forward.
From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Eugene K. B. Tan
From Clampdown To Limited Empowerment: Hard And Soft Law In The Calibration And Regulation Of Religious Conduct In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The focus of Singapore's response to terrorism post 9/11 has been to reach out to the “moderate, mainstream” Muslims as a bulwark against societal implosion. This article examines the broad-based endeavor toward “religious moderation.” While coercive draconian legislation remain the mainstay against extremists and radicals, the mobilization of soft law, aspirational norms, and values are consciously woven into the state's endeavors to enhance society's resilience and cohesion. They also seek to regulate religious conduct at a time when the state wishes to entrench secularism as a cornerstone of the governance of a multi-racial, multireligious society. Rights and regulation are not …
A Missing Part In International Investment Law: The Effectiveness Of Investment Protection Of Taiwan's Bits Vis-À-Vis Asean States, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Taiwan, classified as an “unrecognized state” or an “entity sui generis” by most international law scholars, has been excluded from most major international organizations and agreements for decades. This diplomatic isolation has had a negative influence on the protection of Taiwan’s overseas investments. This Article explores the six bilateral investment treaties (“BITs”) that the Taiwanese government has reached with the Association of Southeast Asian Nations (“ASEAN”) States and compares the weaknesses of the Taiwanese agreements with the investment frameworks established within ASEAN States. This Article concludes that Taiwan’s BITs with six ASEAN Member States fail to serve the very aim …
Harmonizing The Internal Market Or Public Health? Revisiting Case C-491/01 (British American Tobacco) And Case C-380/03 (Tobacco Advertising Ii), Han-Wei Liu
Research Collection Yong Pung How School Of Law
According to settled ECJ case law, including Case C-376/98 (Tobacco Advertising I), Article 95 EC cannot be construed as conferring upon the Community a general power to regulate the internal market. Measures that the Community legislature adopts under this Article must rather have the specific objective of improving conditions for the establishment and functioning of the internal market; that is, they must be designed to remove genuine obstacles to free movement or distortions of competition, rather than purely abstract risk. [2] In some respects, however, Article 95 appears to provide a pretext for the Community legislature to implement other policy …
Competition Law And The International Transport Sectors, Sock Yong Phang
Competition Law And The International Transport Sectors, Sock Yong Phang
Research Collection School Of Economics
This article charts the evolving regulation of cooperation and coordination between international transport firms, in particular those operating within the liner shipping and international air transport sectors. There has been a long history of exemption of these sectors from the rules and regulations of antitrust or competition law. In the past three decades, regulatory reforms and privatization have, however, subjected these sectors to competitive forces that have transformed these industries. With the introduction of competition law in many jurisdictions, the justifications for their continued exemption have come under intense scrutiny. In the late 19705, the US initiated deregulation of its …
Report Of The Law Reform Committee On Ancillary Orders After Foreign Divorce Or Annulment, Aqbal Singh, Debbie Ong, Yock Lin Tan, Tiong Min Yeo
Report Of The Law Reform Committee On Ancillary Orders After Foreign Divorce Or Annulment, Aqbal Singh, Debbie Ong, Yock Lin Tan, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
A matrimonial order of divorce, nullity or legal separation is often followed by ancillary orders relating to division of matrimonial property, custody of children and maintenance. Under Singapore law, many of the court’s powers in respect of these types of orders depend on the court having jurisdiction to pronounce on the status of the marriage. If an order made by a foreign court is recognised to have annulled or dissolved the marriage, then it is not possible for the Singapore court to assume jurisdiction in respect of the marriage; there is no marriage to speak of anymore. The legal consequence …
Our Shared Stake, Tan K. B. Eugene
Our Shared Stake, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
It's the time of the active citizen. Recent spurts of collective campaigning have mobilised surprising ground support. Eugene Tan analyses the coming age of civil society here through the passionate and visible advocacy of certain groups in recent events.
Activating Victim Constituency In International Criminal Justice, Mark Findlay
Activating Victim Constituency In International Criminal Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
This article lays out why in the context of global crime, crime control and the legitimacy of global governance, a victim constituency makes sense in terms of the stated aims of international criminal justice and of a wider ‘new morality’ on which it should be grounded. The incapacity to confront appropriately the consequences to victims of global crime has tended to mean that international criminal justice and the governance that flows from it are unsatisfactorily entwined with sectarian international relations and narrow cultural inclusion. Therefore, in governance terms alone, the conceptualization of global crime victims should be expanded and emancipated …
Imbree V Mcneilly: A View From Singapore, Yihan Goh
Imbree V Mcneilly: A View From Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
In Imbree v. McNeilly, the High Court of Australia ruled that a learner driver is no longer to be held to the standard of a reasonable but unqualified (and inexperienced) driver in negligence claims. It is the modest aim of this case note to show that Imbree, while a decision on a narrow point, in fact hints at a larger difficulty in the ascertainment of the standard of care in individual cases. It is in this context that it will be suggested that, when the time comes for Singapore courts to consider the applicability of Imbree, this difficulty should be …
Labour Protests: Bringing The Courtroom Into The Streets Of Southern China, Knowledge@Smu
Labour Protests: Bringing The Courtroom Into The Streets Of Southern China, Knowledge@Smu
Knowledge@SMU
Demonstrations can be a loud, disruptive, and sometimes destructive form of expression. Aside from provoking attention, most demonstrations fail to yield effective outcomes. In Southern China, the growing instances of labour protests have sparked governmental concerns. Though demonstrations are unlawful in the country, the Chinese government has resisted complete repression. Instead, they have been known to assist the protestors by facilitating favourable outcomes. This is referred to as a “street as a courtroom” phenomenon. Law professor Xin (Frank) He from the City University of Hong Kong explains this anomaly.
Political Participation: Influences And Implications, Knowledge@Smu
Political Participation: Influences And Implications, Knowledge@Smu
Knowledge@SMU
Education has always been viewed as a predictor of a nation’s level of political participation. The levels of political activity in Latin America and East Asia, however, disprove this belief. SMU economics professor Davin Chor and Harvard public policy professor Filipe R. Campante attempt alternative explanations from an economic perspective. In the paper, “Schooling, Political Participation, and the Economy”, factors such as resources and human capital were examined.
Case Comment: Robertson Quay Investment Pte Ltd V Steen Consultants Pte Ltd, Yihan Goh
Case Comment: Robertson Quay Investment Pte Ltd V Steen Consultants Pte Ltd, Yihan Goh
Research Collection Yong Pung How School Of Law
In recent times, the venerable principles relating to remoteness of damage in contract have undergone a period of sustained re-evaluation. Key amongst this exercise is the House of Lords’ decision in Transfield Shipping Inc v Mercator Shipping Inc—referred to as ‘The Achilleas’, which represents a fundamental shift in the understanding of remoteness principles. Caught in the winds of The Achilleas is the considered judgment of the Singapore Court of Appeal in Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd.In direct contrast with some of the speeches in The Achilleas, the judgment delivered by Andrew Phang JA in Robertson …
The Text Through Time, Jack Tsen-Ta Lee
The Text Through Time, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
No abstract provided.
Beyond Economic Data: Softer, Subjective Indicators Of A Nation’S Well-Being, Knowledge@Smu
Beyond Economic Data: Softer, Subjective Indicators Of A Nation’S Well-Being, Knowledge@Smu
Knowledge@SMU
A society, fuelled by trust and cooperation, should rank highly on life satisfaction and happiness. Traditional measures of well-being, however, largely overlook these factors, and rely mostly on economic data. In the paper, “The well-being of nations: linking together trust, cooperation and democracy”, William Tov, a social science professor at Singapore Management University (SMU), discusses the social implications of well-being for individuals and society at large.
The Effective Reach Of In Personam Reasoning In Private International Law, Tiong Min Yeo
The Effective Reach Of In Personam Reasoning In Private International Law, Tiong Min Yeo
2009 Yong Pung How Professorship of Law Lecture
Within the equitable jurisdiction, the phrase in personam has been used to describe the means of enforcement of the equitable decree, the justification for equitable jurisdiction generally, and the mechanism by which chancery rulings effectively override the common law. In the context of curial proceedings, the phrase is also used to describe the nature of jurisdiction assumed over a person, as well as the effect of a decree against a person, as opposed to a thing. In the discourse on rights, it is used to distinguish personal from property rights. In personam reasoning in the equitable sense has been used …
Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan
Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Mass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.
Responding To Terrorism: A Multi-Perspective Issue, Knowledge@Smu
Responding To Terrorism: A Multi-Perspective Issue, Knowledge@Smu
Knowledge@SMU
Terrorism is global, it has affected the lives of many, and will cast a spectre on many more. It is not too far-fetched to describe terrorism as a kind of shared experience for everyone. At a recent seminar held at Singapore Management University, diplomats and academics shared their different perspectives, and pooled their experiences on how terrorism itself has transformed, and how the way we view terrorism has changed.
Will The Obama Administration Change Tack On Protectionism Before Things Get Worse?, Knowledge@Smu
Will The Obama Administration Change Tack On Protectionism Before Things Get Worse?, Knowledge@Smu
Knowledge@SMU
With a long list of domestic economic problems, free trade is not a top priority for the Obama administration. Protectionism, cited as a major cause of the Great Depression, is raising its ugly head. America’s trade partners, especially those in Asia, are rightly concerned. Is there any chance that the American government will change its stance?
Reshaping Economic Geography: World Development Report By The World Bank, Knowledge@Smu
Reshaping Economic Geography: World Development Report By The World Bank, Knowledge@Smu
Knowledge@SMU
Growth is spatially uneven, and the world’s economies would be better off if they don’t fight concentration of economic activity in large cities or leading provinces. Rather, they should embrace the concentration and take advantage of the scale economies, the specialisation, and efficiency that such concentrations bring. This is the principal conclusion of the “World Development Report, 2009: Reshaping Economic Geography”.
Creative Commons: A License To Share, Knowledge@Smu
Creative Commons: A License To Share, Knowledge@Smu
Knowledge@SMU
In mid-2008, the Creative Commons licensing system was launched in Singapore. Warren Chik, law professor at the Singapore Management University, is a member of the Creative Commons Singapore team that has worked to adapt the licenses both linguistically and legally to Singapore’s jurisdiction. As Chik points out, these licenses reflect significant social, technological changes that have been unfolding in recent years. --------------------------------------------------------------------------------
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …
The Efficiency Of Friendliness: Japanese Corporate Governance Succeeds Again Without Hostile Takeovers, Dan W. Puchniak
The Efficiency Of Friendliness: Japanese Corporate Governance Succeeds Again Without Hostile Takeovers, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
It is widely assumed that hostile takeovers are a prerequisite for an efficient system of corporate governance. This assumption is false. Since the new millennium, Japan has transformed itself from being on the brink of one of the largest economic meltdowns in modern economic history to currently being in the midst of its longest period of postwar economic expansion (2002-2007). This astounding recovery was achieved without a single successful hostile takeover of a major Japanese company. True to its postwar tradition, corporate Japan has successfully restructured through government intervention, bank-driven reallocation of capital, and orchestrated and friendly mergers — the …
Compromising On Consideration In Singapore: Gay Choon Ing V Loh Sze Ti Terence Peter, Yihan Goh
Compromising On Consideration In Singapore: Gay Choon Ing V Loh Sze Ti Terence Peter, Yihan Goh
Research Collection Yong Pung How School Of Law
It is not often that a judgment contains a reference to Aristotle’s work or a coda at its conclusion. The recent Singapore Court of Appeal judgment of Gay Choon Ing v Loh Sze Ti Terence Peter (delivered by Andrew Phang JA) contained both, the latter of which an extensive judicial exposition on the difficulties (and tentative solutions) relating to the contractual doctrine of consideration. This re-evaluation of consideration at the slightest opportunity is unsurprising, given the conceptual problems that have afflicted the doctrine.There have been various judicial solutions, generally capable of classification into two distinct types: first, through an internal …
Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen
Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivative instruments by comparing with securities law and insurance law. This paper argues that mandatory disclosure in the securities market cannot be extended to exchange-traded futures contracts (save where securities are involved) because of the nature of securities. In addition, this paper argues that derivative instruments, though similar to insurance in …
Teaching Legal Ideals Through Jurisprudence, Seow Hon Tan
Teaching Legal Ideals Through Jurisprudence, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article examines the value of jurisprudence in legal education. It argues that jurisprudence should be mandated at an early stage of the students' law curriculum as the legal ideals that may be imparted through a jurisprudence course cannot be adequately taught in a professional ethics course or through teaching jurisprudential perspectives in doctrinal subjects. Law schools have a special responsibility to get students thinking about what law is, what makes law legitimate, and how law is related to justice, morality, politics and rationality. A mandatory jurisprudence course should be intentionally structured along these themes.
Make The Implicit Explicit: Affirming Right To Vote In The Constitution Would Pre-Empt The Possibility Of Abuse By Future Govts, Jack Tsen-Ta Lee
Make The Implicit Explicit: Affirming Right To Vote In The Constitution Would Pre-Empt The Possibility Of Abuse By Future Govts, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
There are sound reasons to set out explicitly and entrench in the Singapore Constitution the right to vote and key elements of the way elections are held. While a future government might not remove them entirely, it might derogate from them to the extent that they become unrecognizable.
The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities, Kelvin F. K. Low
The Nature Of Torrens Indefeasibility: Understanding The Limits Of Personal Equities, Kelvin F. K. Low
Research Collection Yong Pung How School Of Law
Torrens registration has revolutionised land law, in particular the law of conveyancing. However, the precise scope of Torrens indefeasibility — which lies at the heart of the system — remains poorly understood, especially in respect of its relationship to the so-called ‘personal equities’ exception. The key to disentangling this web of confusion lies in accepting that personal equities, properly understood, do not actually form an exception to indefeasibility at all. The two concepts operate on completely different planes. In practical terms, this means that three crucial points must be understood. First, the Torrens system is intended to prevent adverse claims …
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Research Collection Yong Pung How School Of Law
This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual journal blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the …