Social and Behavioral Sciences Commons^™

Harnessing The Potential Of The Indonesian Diaspora, Charlotte Setijadi

Research Collection School of Social Sciences

In this article, I examine recent issues and developments in Indonesian diaspora activism, including the progress of long-standing requests such as changes to the dual citizenship law. I then discuss some of the ways in which the Indonesian government may harness the potential of its diaspora in the future, especially since overseas Indonesians are now wealthier, more mobile, and better connected than ever before. I argue that the case study of the Indonesian state’s growing relationship with its diaspora can enrich our understanding of how Southeast Asian countries are cultivating better and more beneficial relationships with their diaspora communities.

Managing Judges Mathematically: An Empirical Study Of The Medical Malpractice Litigations In Shanghai, Wei Zhang

Research Collection Yong Pung How School Of Law

The post-Mao China has been increasingly managed mathematically, not the least in its judicial system. In this paper, I looked into some of the mathematical indicators used to judge the performance of judges in this nation, and ascertained their effects on the judicial decisions on medical malpractices in Shanghai. The findings of this paper support the previous study that qualitatively identified the judicial responses to such a quantified evaluation system. Underlying the effect of performance indicators is the Chinese judiciary’s bending toward populist pressure. Essentially, therefore, this paper serves to place in perspective the judicial populism well documented in the …

Cultural Preferences In International Trade: Evidence From The Globalization Of Korean Pop Culture, Pao-Li Chang, Iona Hyojung Lee

Research Collection School Of Economics

The Korean pop culture (TVdramas and K-pop music) has grown immensely popular across the globe over thepast two decades. This paper analyzes its impacts on international trade. We compilea cross-country panel dataset of South Korea's TV show exports to over 150countries for the period of 1998{2014. These variations in exposure to Koreanpop cultures are used to identify changes in consumer preferences for Koreanmerchandise across time, countries, and products (at the HS 4-digit level).First, we find that more Korean TV show exports significantly increase Koreanexports of goods for women, while the effects are much smaller on men'smerchandise. This strongly supports the …

The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Singapore hasrecently amended its Consumer Protection (Fair Trading) Act in response to calls for tougher action against unscrupulous traders. The revisions were aimed at strengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatory powers, enhanced court powers and added one substantive consumer remedy. Despite this, the authors argue that Singapore’s consumer protection regime remains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on how the broad investigatory powers and harsher court powers are to be implemented; no …

Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low

Research Collection Yong Pung How School Of Law

In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care. In the process, they have vigorously defended the conventional position that a duty of care is, in general, delegable. Accordingly, attempts at broadening the ambit of vicarious liability and non-delegable duty, respectively, have been carefully scrutinized. The recent Singapore Court of Appeal decision of Ng Huat Seng v Munib Mohammad Madni adds to the judicial thinking on this complicated and controversial subject.

Partnerships, Vincent Ooi

Research Collection Yong Pung How School Of Law

Partnerships and tax—overview: The statutory definition of a partnership is the “relation which subsists between persons carrying on a business in common with a view of profit”. Those persons could be natural persons, or other legal entities such as companies or trustees. However, a registered company under the Companies Act (Cap. 50) (2006 Rev. Ed.) is not a partnership.

Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …

The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article provides an up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the article first demonstrates the status of …

Small And Safe, Rathna N. Koman

Research Collection Yong Pung How School Of Law

This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and …

Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah

Research Collection Yong Pung How School Of Law

The subject of non-delegable duty has troubled courts for some time. The recent UKSC decision in Woodland v STA has clarified the law somewhat. In the recent decision MCST No. 3322 v Tiong Aik, the Singapore Court of Appeal endorsed the UK position and made clarifications on the Singapore position. This article examines the Singapore position as expressed by the SGCA.

International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …

How To Read The Black Atlantic, Brian J. Klarman

CLAMANTIS: The MALS Journal

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Dedan Kimathi On Trial : Colonial Justice And Popular Memory In Kenya’S Mau Mau Rebellion, Julie Macarthur

Ohio University Press Open Access Books

The transcript from this historic trial, long thought destroyed or hidden, unearths a piece of the British colonial archive at a critical point in the Mau Mau Rebellion. Its discovery and landmark publication unsettles an already contentious Kenyan history and its reverberations in the postcolonial present.

Perhaps no figure embodied the ambiguities, colonial fears, and collective imaginations of Kenya’s decolonization era more than Dedan Kimathi, the self-proclaimed field marshal of the rebel forces that took to the forests to fight colonial rule in the 1950s. Kimathi personified many of the contradictions that the Mau Mau Rebellion represented: rebel statesman, literate …

Unequal Tourism Growth In An Alpine Lake Zone: Varied Responses In Na Communities, Tami Blumenfield, Siobhán M. Mattison, Mary K. Shenk

Asian Studies Publications

While tourism studies scholars debate the impact of tourism on indigenous people living in relatively remote areas, individuals, villages, government units and companies all over China are cashing in on these areas’ appeal to the newly affluent touring class.

After Coup, Will Zimbabwe See Democracy Or Dictatorship?, Steven Feldstein

Public Policy and Administration Faculty Publications and Presentations

For decades, Robert Mugabe ruled Zimbabwe in a ruthless, even reckless manner. Over nearly 40 years, he turned the “jewel of Africa” into an economic basket case that’s seen inflation of up to 800 percent.

There And Almost Back Again, Holley Adcock

Occasional Paper Series

Adcock reflects on and asses her thirty years of experience living and teaching overseas in places all over the globe. This essay focuses on the changes to both individual and national identity that take place when immersing oneself in other cultures.

What We Bring With Us And What We Leave Behind: Six Months In Post-Apartheid South Africa, Virginia Casper, Donna Futterman, Evan Casper-Futterman

Occasional Paper Series

The authors, a family, reflect on their experiences living, volunteering, and going to school in South Africa for six months. They sought to live in a society in which white people were not the majority and to experience the transformation of the new South Africa, not as tourists, but as participants.

Producing "Fabulous": Commodification And Ethnicity In Hair Braiding Salons, Sylviane Ngandu-Kalenga Greensword

LSU Doctoral Dissertations

Black women wearing fabulous braids are a striking feature of the Afro-diasporic cultural landscape. However, the braiders and salon owners who enable this aesthetic engineering are seldom acknowledged. This dissertation investigates the experience and role of Caribbean and West and Central African women in the hair braiding industry, a rapidly growing business in the U.S. I address the complexity of these women’s multiple social roles and the multiple consciousness (King, 1988) associated with their demographic characteristics (color, ethnicity, gender, nationality, and immigrant status). The commonalities between the braiders and their mostly African American customers contrast vividly with their perception of …

The Idiosyncrasies Of Globalization As A Hyperobject, Jovana Stojanova

CLAMANTIS: The MALS Journal

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With Liberty And Justice For All, Analisa Goodmann

CLAMANTIS: The MALS Journal

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Homophobia, Human Rights And Diplomacy, Douglas Janoff

Biennial Conference: The Social Practice of Human Rights

Multilateral human rights diplomacy is a product of the triad relationship between intergovernmental organizations (IGOs), civil society organizations (CSOs), and states. This paper examines the emergence of LGBT rights within the context of the UN human rights system. Recently, the global debates around LGBT rights have become much more public and increasingly complex: Ministers, leaders, and even the UN Secretary-General routinely call on states to do more to protect sexual minorities. Countries such as Uganda and Russia are labeled “homophobic” — not just by human rights activists, but by other states. These “accusations” are delivered both bilaterally and in multilateral …

Collective Memory Of Past Human Rights Abuses-South Korea, Ñusta Carranza Ko

Biennial Conference: The Social Practice of Human Rights

The discourse on transitional justice by academics and practitioners center upon a common understanding of the importance of truth-seeking or truth-telling, reparations, prosecutions, and other institutional reforms in addressing a state’s past abuses. Policies of memorialization complement these processes of transitional justice, with the production of collective memory and history that helps transitioning states from authoritarian pasts toward reconciliation.

This study builds on the growing interest in memory initiatives by bringing to light the integral and "visible" role memory practices have played in truth-seeking and reparations processes. Particularly, it focuses on the building of collective memory integrated in truth commission …

Understanding Truth: How Commissioners Influence The Final Report Of A Truth Commission, Christine Bianco

Biennial Conference: The Social Practice of Human Rights

Ensuring a future of human rights means coming to terms with past violations of human rights. This both recognizes human rights as an important position in the policy of the state and helps to end a system of impunity against such actions, even if it is done symbolically. One of the major mechanisms that states have used to address their past has been truth commissions. The strength of truth commissions lies in their ability to bring to light the voices of the victims as well as their ability to criticize those who have committed human rights abuses.

In order to …

“Youth Unemployment And Terrorism: Empirical Findings And Policy Implication”, Soji Adelaja

Distinguished Lectures on Africa

No abstract provided.

Making The Sustainable Development Goals Really Sustainable: Human Rights Strategies To Improve Land Tenure Rights And Wages For The Poor, Paul J. Nelson

Biennial Conference: The Social Practice of Human Rights

The Millennium Development Goals created incentives for donors and governments to favor quick impact over addressing complex social systems. As a result, the MDG period saw little sustained effort to open up access to those productive assets, and that presents a challenge for the SDGs.

This paper argues (1) that this failing of the MDGs weakened their impact; (2) that the SDGs significantly improve on this record by including goals and targets that focus on these productive assets, in both land and labor; (3) that human rights approaches have driven important efforts in some societies to improve land and labor …

Agency, Equality And Courage: A Case Study Of Women On The Front Lines Of Egypt’S 2011 Revolution, Carol Gray

Biennial Conference: The Social Practice of Human Rights

How were women involved in Egypt’s 2011 revolution/uprising? What role did they play vis-à-vis male activists? To what degree were Egyptian women “equal” during those 18 days in Tahrir Square? These questions will be explored within the context of interviews conducted by this writer in Cairo during and following Egypt’s 18-day revolution (uprising). This essay will explore the public/private sphere split, political consciousness-raising, and gender equality within the context of the stories of Egyptian women on the front lines of protest.

Much of the recent literature on women's protests in Egypt has focused on women's victimization. Critical gender theorist Ann …

Ordinary 'Worthiness': Sex Work, Police Raids, And Human Rights Violence In Sonagachhi, Simanti Dasgupta

Biennial Conference: The Social Practice of Human Rights

Based upon ethnographic research with Durbar Mahila Samanwaya Committee (DMSC), a grass-roots sex workers organization in Sonagachhi, the iconic red light district in Kolkata, India, this paper explores the relationship between police raids and human rights violation. It especially focuses on the nature of violence initiated by the construction of “corrupt” evidence to justify a raid, which in this case is not solely a state initiative; the police usually work in tandem with other rescue missions such as the International Justice mission (IJM). The raid involves a practice and a narrative commonly referred to by both the police and the …

Localizing Human Rights In Response To Global Urban Crises And Right-Wing Populism, Jackie Smith

Biennial Conference: The Social Practice of Human Rights

Human rights are under increased threat as the world faces economic insecurity, financial volatility, climate change, and the rise of right-wing populist movements. At a time global interdependence demands more intensive cooperation among national governments to address economic and environmental crises, nationalist tendencies are polarizing politics within and among countries.

Although news headlines have focused on the rise of exclusionary and racist movements, there is evidence of significant popular mobilization around more inclusive human rights claims. Because these movements challenge basic elements of the capitalist system, they get less traction in electoral contests and remain marginal to mainstream media and …

Faith-Based Resistance, Human Rights, And Emancipatory Practices, Curtis Kline

Biennial Conference: The Social Practice of Human Rights

Progressive political theologies can expand and deepen both the strength and the conceptualization of human rights advocacy. However, not all political theologies are an effort to defend human dignity; neither are all understandings and practices of human rights. The validation of progressive political theologies as well as the validation of human rights conceptualizations comes from their capacity to concretely change the lived reality of poor and oppressed peoples of the world.

As with political theologies, there is a constant struggle over the control of how to conceptualize what constitutes a human rights issue. While many communities of faith find liberating …

State Sovereignty And Human Security: The Migration-Securitization Nexus In The Global South, Eugene R. Sensenig

Biennial Conference: The Social Practice of Human Rights

This paper deals with the issues of state sovereignty and refugee policy in insecure and marginalized regions of the Global South. Using the displaced Syrian populations (UN-recognized and undocumented) in Lebanon as a case in point, the attempt will be made to portray and discuss the responses of underdeveloped host communities to overwhelming increases in the size of their non-national population. Lebanon has faced various waves of refugees since its independence in 1943, making up between 2.5% (Iraqis) and 25% (Syrians) of the entire citizen population, currently estimated to be slightly over 4 million. Almost 500,000 Palestinian refugees are registered …