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

Social and Behavioral Sciences Commons

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

Articles 31 - 38 of 38

Full-Text Articles in Social and Behavioral Sciences

Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao Feb 2022

Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao

Research Collection Yong Pung How School Of Law

How to deal with China? This is the biggest question confronting U.S. trade policy - or even the United States' entire foreign policy - today. Over the past few years, the debate on this important issue has benefited from the contributions of many trade law scholars, including those by Mark Wu, Jennifer Hillman, Petros Mavroidis, André Sapir, Rob Howse, Weihuan Zhou, and the present author. In Governing the Interface of U.S.-China Trade Relations, Gregory Shaffer offers refreshing insights. Building on the framework developed by the U.S.-China Trade Policy Working Group, of which he is a member, Shaffer further adjusts the …


Institutional Investors In China: Corporate Governance And Policy Channeling In The Market Within The State, Lin Lin, Dan W. Puchniak Feb 2022

Institutional Investors In China: Corporate Governance And Policy Channeling In The Market Within The State, Lin Lin, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

The extraordinary rise of China’s economy has made understanding Chinese corporate governance an issue of global importance. A rich literature has developed analyzing the Chinese Communist Party’s (CCP’s) role as China’s largest controlling shareholder and the impact that this has on Chinese corporate governance. However, the CCP’s role as the architect – and direct and indirect controller – of institutional investors in China has been largely overlooked in the comparative corporate law literature.This Article aims to take the first step in filling this gap in the literature by drawing on Chinese sources and fresh hand-collected empirical, interview, and case study …


Improperly Obtained Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon Jan 2022

Improperly Obtained Evidence In Criminal Proceedings: An Updated Framework, Siyuan Chen, Zhi Jia Koh, Jian Wei Joel Soon

Research Collection Yong Pung How School Of Law

The 2012 amendments to the Evidence Act “significantly broadened the admissibility criteria for expert evidence”; at the same time, the judicial discretion to deny admissibility of relevant expert opinion evidence was also introduced. This article considers the key developments pre- and post-amendments, and in doing so provides an updated framework for prosecutors and defence counsel alike to admit and challenge expert opinion evidence in criminal proceedings. Since it complements earlier articles in this series on similar fact and hearsay evidence, readers are assumed to be broadly familiar with the features of the Evidence Act, such as its admissibility paradigm, the …


The Problems With Trade Secret Protection/Overprotection In Asia, Kung-Chung Liu Jan 2022

The Problems With Trade Secret Protection/Overprotection In Asia, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Trade secret protection law has been an important complement to patent law and has gained increasing importance over the last three decades, not least in Asia. Major Asian countries are now at a crossroads, as some (Japan, Korea, Thailand, Taiwan, and China) are following the US approach to criminalizing trade secret infringement and imposing harsher penalties on economic espionage (Japan, Korea, Taiwan, and China). This paper identifies many of the problems associated with trade secret protection, provides indicators of the overprotection of trade secrets, and warns against its many side effects. It then points out the crossroads that Asian economies …


The 2022 Global Philanthropy Environment Index Singapore, Tan K. B. Eugene Jan 2022

The 2022 Global Philanthropy Environment Index Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The three indicator questions in this section pertain to the laws and regulations governing philanthropic organizations (POs). The scoring questions for this category cover three aspects of regulations: (A) formation and registration; (B) operations; and (C) dissolution.


Charitable Organizations In Singapore: From Clan Based To State Facilitated Endeavors, Hang Wu Tang Jan 2022

Charitable Organizations In Singapore: From Clan Based To State Facilitated Endeavors, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Singapore, with a five million population, has a vibrant charitable sector with over 2000 registered charities attracting approximately USD$2.18 billion in annual donations. How did Singapore’s charitable sector achieve its current level when it has been, in the past, segregated along mainly religious, race and clan-based communities? This paper explores this question by piecing together the current ecosystem, regulatory and tax infrastructure which facilitates the charitable sector in Singapore. Central to the development of the charitable sector has been the Singapore government’s role of being a gatekeeper, regulator and enabler of charities. In analysing the government’s role in the charitable …


No Oral Modification Clauses: Autonomy, Certainty Or Presumption?, Kwan Ho Lau Jan 2022

No Oral Modification Clauses: Autonomy, Certainty Or Presumption?, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

By a judgment of Lord Sumption with which a majority of the court agreed, the Supreme Court in MWB Business Exchange Centres Ltd. v Rock Advertising Ltd. [2018] UKSC 24, [2019] A.C. 119 ruled that a contractual term which prescribed that the contract was not amendable save in writing signed by or on behalf of the parties (a No Oral Modification or “NOM” clause) was effective to invalidate subsequent oral variations to the contract. Lord Burrows later suggested extrajudicially (in P.S. Davies and M. Raczynska (eds.), Contents of Commercial Contracts (London 2020), 49) that Rock Advertising might not find traction …


Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong Jan 2022

Can Delaying An Execution Due To Covid-19 Amount To Unconstitutional Discrimination?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

This note discusses the case of Syed Suhail bin Syed Zin v Attorney-General [2021] 1 SLR 809 (CA); [2021] 4 SLR 698 (HC) and its implications for equality law in Singapore.