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Full-Text Articles in Law

Legal Reform In Contemporary Japan, Eric Feldman Dec 2006

Legal Reform In Contemporary Japan, Eric Feldman

All Faculty Scholarship

In this chapter I offer a preliminary assessment of a quickly moving target—legal reform and its impact on rights in Japan. Although a broad consensus has emerged among interested parties that at least some degree of reform is desirable, there is significant disagreement about the goals of reform, and also about the likelihood that it will achieve certain objectives. Some commentators believe that the Japanese legal system is on the cusp of a “revolution” that will shore up long-neglected rights and create new entitlements. Others predict that the consequences of reform will be modest; and they despair that aggrieved individuals …


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 …


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.


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.


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.


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 …


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.


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 …


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.


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. …