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Articles 31 - 53 of 53
Full-Text Articles in Law and Economics
China's Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto's Finish Line?, Han-Wei Liu, John Maughan
China's Rare Earths Export Quotas: Out Of The China-Raw Materials Gate, But Past The Wto's Finish Line?, Han-Wei Liu, John Maughan
Research Collection Yong Pung How School Of Law
Several recent studies have discussed the ramifications of the China – Raw Materials case for China's rare earths. However, none of these studies has conducted a thorough investigation of China's current export quota regime for rare earths or how it might stand up under WTO rules, assuming that it would be treated the same. This article makes no such assumption, investigating China's export quota regime for rare earths as it stands in early June 2012. The regime is somewhat improved over that applied during the Raw Materials case and could allow a more favourable WTO ruling. However, if General Agreement …
A More Economic And Cross-Jurisdiction Study On Patent Pools, Kung-Chung Liu
A More Economic And Cross-Jurisdiction Study On Patent Pools, Kung-Chung Liu
Research Collection Yong Pung How School Of Law
This paper traces the growing acceptance of the more economic approach to IPR and competition law in state practices, and summarizes its characteristics. It then compares how five jurisdictions weigh the IPR licensing agreements against competition law in the context of patent pools, which have become critically effective mechanism for both patent enforcement and the deployment of new technology. It further analyzes the major difference found, namely the abuse of a dominant position by patent pools, and how to look at this difference and even how to harmonize it. It then moves on to study the impact of antitrust violation …
Inward Fdi In Singapore And Its Policy Context, Locknie Hsu
Inward Fdi In Singapore And Its Policy Context, Locknie Hsu
Research Collection Yong Pung How School Of Law
Inward foreign direct investment (IFDI) has long been an important feature of the Singapore economy, and Singapore remains an attractive host to FDI. Apart from a brief decline in 2002, FDI inflows have generally been strong in the decade 2000-2010. They reached a peak in 2007 at US$ 37 billion, just before the global financial and economic crisis of 2008-2009. In 2008, inflows declined sharply to US$ 8.6 billion, before rapidly rebounding to reach US$ 38 billion in 2010. Singapore has moved from an economy primarily involved in manufacturing consumer goods in labor-intensive industries in the 1960s, to one producing …
The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh
The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines the legal framework governing economic relations between the United States and the Association of Southeast Asian Nations (ASEAN) and outlines a roadmap for a US-ASEAN Free Trade Agreement (FTA). Notwithstanding ASEAN’s emerging centrality in Asian regionalism, America remains the only Pacific power that has not concluded any form of FTA with ASEAN.This article explains that limited progress in Washington’s efforts stemmed from the domestic politics of the US Trade and Investment Framework Agreement (TIFA) approach and the Myanmar dilemma. It further analyses the challenges that the Trans-Pacific Partnership (TPP) Agreement negotiations have encountered and contends that the …
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Investment Treaty Disputes: Ideological Fault Lines And An Evolving Zeitgeist, Locknie Hsu
Research Collection Yong Pung How School Of Law
The zeitgeist of the 21st century in the field of investment treaty arbitrations comprises a rise in the number of such arbitrations and accompanying observations on the unwieldy jurisprudential effects of such a rise. The international investment arbitration community is alive with discussion over these effects, which discussion includes an examination of the value of prior awards as precedents.' The existing regime based on treaty interpretation clearly provides no formal system of precedent and the 'players' (read: arbitrators) change from dispute to dispute as investment arbitration tribunals do not fall within a single, neat judicial hierarchical system. With the number …
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments’ measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA’s early harvest program. Finally, the article discusses the ECFA’s consistency with WTO requirements for …
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law firms to collaborate with …
To Build A Nation From The Bottom Up, Tan K. B. Eugene
To Build A Nation From The Bottom Up, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
After 45 years of economic achievement, genuine political participation has to be the next stage
The (Ir)Relevance Of Harmonization And Legal Diversity To European Contract Law - A Perspective From Psychology, Gary Low
Research Collection Yong Pung How School Of Law
Differences between contract laws of Member States are often said to impose costs on and deter cross-border trade, and in order to increase cross-border trade, these contract laws ought to be harmonized. This article promises a paradigm shift in considering whether there is a need for harmonization; and if so, what form it ought to take. A behavioural approach is adopted to answer two underlying questions: how do actors think about these differences when they decide to contract? How does the form of harmonization influence such decisions? Insights from disciplines like cognitive and social psychology are identified and applied to …
For The Prescription To Work, Tan K. B. Eugene
For The Prescription To Work, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The overarching prescription by the Economic Strategies Committee (ESC) seeks to prepare Singapore for the ?exceptional decade? ahead which will bring greater opportunities and constraints as before. For it to work, Assistant Professor of Law Eugene Tan writes that mindset change and inclusive growth must be abiding commitments.
A Legal And Economic Analysis Of The Conflict Of Property Rights On Generic Names: Based On The “Little Sheep” Trademark Dispute, Wei Zhang, Ming Yang
A Legal And Economic Analysis Of The Conflict Of Property Rights On Generic Names: Based On The “Little Sheep” Trademark Dispute, Wei Zhang, Ming Yang
Research Collection Yong Pung How School Of Law
自我国2001年修订《商标法》接受了"第二含义理论"——即承认"共用名称"通过使用可以产生显著性,从而得以注册为商标(第11条第2款)——以来,相关司法实践中的争议一直不断,尤其是引起广泛争议的"小肥羊"商标案的发生,使得人们开始担忧,允许"共用名称"注册为商标而给经营者带来的激励,不免引发过度投资,从而导致无效率的竞争和不公平的结果。但是,从"共用名称"之本质的经济分析出发,我们可以发现,允许该标识注册为商标实际上是避免出现"公地灾难"的有效率的做法。另外,商标法上相关制度的设置,也不会产生学者们所担心的不公平的结果。
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights?, Tan K. B. Eugene
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people …
A Scorecard For The P4: Full Or Fail?, Henry S. Gao
A Scorecard For The P4: Full Or Fail?, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its inception in 2005, the Trans-Pacific Strategic Economic Partnership Agreement (the ‘P4 Agreement’) has been hailed as a ‘high standard’ free trade agreement (FTA). However, there has never been any official explanation as to how the assessment of the Agreement is conducted. Now it’s exam time again, let’s see how the Agreement performs in ‘Free Trade 101’.
Tea Leaves Of The Economy: General Elections In 2010?, Eugene K. B. Tan
Tea Leaves Of The Economy: General Elections In 2010?, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Incumbent governments with good economic track records would typically capitalise on economic downturns to seize a political advantage by calling for early elections. Will the ruling People's Action Party do so next year in view of the strong economic performances in recent months?
Early Liquidation And Compensation Of Otc Derivatives In Bankruptcy Cases: Law And Economic Analysis Of Article 74 Of The Law 1328 Of 2009, Nydia Remolina Leon
Early Liquidation And Compensation Of Otc Derivatives In Bankruptcy Cases: Law And Economic Analysis Of Article 74 Of The Law 1328 Of 2009, Nydia Remolina Leon
Research Collection Yong Pung How School Of Law
The increasing importance of OTC (Over The Counter) or tailor-made derivatives, makes it necessary to analyse Colombian legislation in this area. The current financial reform regulates the compensation and liquidation of these instruments intended to encourage the development of this market. However, a legal review of article 74 of Act 1328, 2009, joined with an observation made based on an economic analysis perspective of contract law, will provide alternatives to introduce more efficient and effective legal instruments that will hopefully incentive agents to use OTC derivatives as instruments for speculation or hedging.
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …
Independent Administrative Authorities And The Standard Of Judicial Review, Saskia Lavrijssen, Maartje De Visser
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 …
Numerus Clausus: An Economic Perspective, Wei Zhang
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.
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. …
Unlawful Dividends, Unjust Enrichment, And The Defence Of Change Of Position, Cecil Duncan Macrae
Unlawful Dividends, Unjust Enrichment, And The Defence Of Change Of Position, Cecil Duncan Macrae
Research Collection Yong Pung How School Of Law
Economic analysis is applied to determining the effect of the change of position defense on the question of whether an innocent shareholder receiving an unlawful, mistaken dividend should be liable under English restitution law as the result of unjust enrichment. The analysis builds on and extends previous economics analysis of mistaken money transfers under restitution law. The conclusion of the analysis of the change of position defense is that unjust enrichment liability with the defense should not be extended to unlawful, mistaken dividends, even if the factors for unjust enrichment are present.
Critical Legal Studies, Economic Development And Human Rights, Andrew B.L. Phang
Critical Legal Studies, Economic Development And Human Rights, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
I Introduction I want, in this essay, to contrast two approaches in the increasing quest for answers not just to the law, but to the very meaning of existence and life itself. One embodied in the Critical Legal Studies Movement,' is (with one exception) much more pessimistic; the other (which I endorse) is premised on natural law. Secondly, I propose to take this contrast into the sphere of application with respect to the issues of economic development and human rights in an East Asian context.
Whither Economic Duress? Reflections On Two Recent Cases, Andrew B.L. Phang
Whither Economic Duress? Reflections On Two Recent Cases, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
From its rather tentative and extremely recent beginnings, I the law relating to economic duress has developed at a relatively rapid pace during the last decade or so. We have had a series of decisions from various courts and jurisdictions* which, collectively at least, affirm the existence of the doctrine in English law. The pronouncements at the highest levels, however, have not purported to be definitive, and, as we shall see, have certainly not aided in a clarification and systematization of the doctrine of economic duress. The two recent decisions, which are the subject of the present comment, have merely …
Sugar Coated Bullets: Corruption And The New Economic Order In China, Mark Findlay, Thomas Chor-Wing Chiu
Sugar Coated Bullets: Corruption And The New Economic Order In China, Mark Findlay, Thomas Chor-Wing Chiu
Research Collection Yong Pung How School Of Law
The recent political debate concerning the influence of corruption on the “new economic order” in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating …