International and Area Studies Commons^™

Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article examines the evolution of Taiwan’s engagement in Southeast Asia since the 1990s as a unique case study in international law and international relations (IR). Under the one-China policy, the evolution of bilateral relations with Taiwan highlights the theoretical concept of recognition premised on identity and status in interstate affairs. The article argues that the states of the Association of Southeast Asian Nations (ASEAN) have established diverse forms of recognition of Taiwan in line with a policy of non-recognition. While such recognition has not amounted to recognition of statehood in international law, it demonstrates the IR concept of recognition …

Transplanting Chapter 11 Of The Us Bankruptcy Code Into Singapore's Restructuring And Insolvency Laws: Opportunities And Challenges, Gerald Mccormack, Wai Yee Wan

Research Collection Yong Pung How School Of Law

In 2017, Singapore introduced wide-ranging reformsto its insolvency and restructuring laws with a view to enhancing itsattractiveness as an international centre for debt restructuring. Central tothese reforms is the transplantation (with modification) of certain provisionsfrom Chapter 11 of the US Bankruptcy Code including the automatic moratorium, cross-creditorcram-down, rescue financing and pre-packs. Drawing upon the US experience andsimilar reform proposals in the EU (including the UK), we critically evaluate theimpact of the new Singapore law. We argue that there remain challenges inensuring that the transplantation works well and highlight the possibleunintended consequences of such transplantation.

A Network Analysis Of The Singapore Court Of Appeal’S Citations To Precedent, Jerrold Tsin Howe Soh

Research Collection Yong Pung How School Of Law

This article presents findings from an empirical network analysis of citation practices in Singapore's highest court.A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Networkcentrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.

Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This case note discusses the Singapore High Court case of UKM, in which an order was granted to a gay man to adopt his biological son conceived through a gestational surrogacy arrangement in the United States. In particular, the High Court’s assessment of the welfare of the child and of public policy, in light of two factors—the prohibition of male homosexual acts in section 377A of the Penal Code and the de facto curtailment of domestic surrogacy by Singapore’s restrictive rules relating to the use of assisted reproduction technology services—will be examined.

An Asian View On The Ceta Investment Chapter, Locknie Hsu

Research Collection Yong Pung How School Of Law

The Canada-EU Free Trade Agreement (CETA) has been completed and awaits ratification against a backdrop of global economic uncertainty. The Trans-Pacific Partnership Agreement (TPP), which includes five Asian parties among its signatories, has lost the support of the United States and its fate is uncertain as well. The CETA is significant for Asian countries given that one of its parties -- the EU -- has signalled strongly that it wishes to negotiate a number of free trade agreements in the Asian region. The agreement offers valuable insight into the thinking of the EU in terms of investment protection guarantees, its …

The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua

Research Collection Yong Pung How School Of Law

On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.

The Development Of Concept Of Territory In International Relations, Ghifari Athallah Ramadhan

Global: Jurnal Politik Internasional

The concept of territory, a politicized space, is not really explored in International Relations, even though territory is where International Relations happen physically. This article explores the development of the concept of territory in International Relations. By seeing the development of the concept of territory in International Relations, I could see the main arguments regarding territory. For example, I could understand the argument behind the jargon of “borderless world” or “return of geography”. In order to fully explain the development of the concept of territory in International Relations, I divide my research into five parts. First, I would describe the …

The Complex Interplay Of Eu-China And Eu-Hksar Relations, Antonia Gough

Global: Jurnal Politik Internasional

Due to a unique colonial history, Hong Kong today operates under the “One Country, Two Systems” framework. In the years immediately following the handover, it was generally thought that this was working quite well. In recent years, however, tensions have arisen within the “One Country, Two Systems” model, most notably including the 2014 Umbrella Movement, the imprisonment of student protesters and various notable incidents like the disappearance of five book publishers. This article aims to uncover how consistent the EU is in promoting democratic norms in its relations with the HKSAR. Using discourse analysis of relevant EU documents, the article …

Pendekatan Konsep Harmoni Dalam Manajemen Konflik Oleh Jepang Dalam Isu Sengketa Senkaku/Diaoyu Dengan Tiongkok, Rudi Saeputra

Global: Jurnal Politik Internasional

The Senkaku dispute refers to a territorial claim between China and Japan over a group of eight pinnacle islands in East China Sea. Japan has taken a valid control over the Senkaku Islands since 1895. Yet, in the light of historical records, China claims the islands as a part of its ancient territory. This article aims to analyze Japan’s motives in taking repetitive peaceful measure in handling the Senkaku/Diaoyu Islands dispute. Most of existing academic writing about China-Japan discord put emphasize on the findings related to mutual aid and regime, strategy and policy, power projection and threat perception, and interaction …

Globalisasi Industri Hiburan Jepang Dan Korea: Pengaruh Terhadap Perspektif Publik Antar Negara, Annisa Kemala

Global: Jurnal Politik Internasional

Meski dengan status kedua negara sebagai kekuatan besar di Asia Timur, hubungan bilateral Jepang dan Korea Selatan seringkali menemui tantangan dengan masih terdapatnya ketegangan yang disebabkan sejak masa Perang Dunia II. Kedua negara sama-sama menonjol dalam produk budaya populernya, termasuk dalam hal industri hiburan. Dengan semakin terlibatnya aktor-aktor non-negara dalam Hubungan Internasional, para aktor dalam industri hiburan Jepang dan Korea Selatan mendapatkan peran tersendiri sebagai pelaku diplomasi publik yang bertujuan untuk mengubah perspektif publik dari masyarakat yang menjadi negara tujuannya. Penelitian ini menyimpulkan bahwa ketenaran industri hiburan kedua negara berhasil memunculkan kelompok-kelompok penggemar yang memiliki pandangan positif terhadap masing-masing negara …

Kebijakan Unilateral Penanganan Imigran Ilegal Australia Pasca Pemilihan Umum Australia Tahun 2013, Fakhrul Rizal

Global: Jurnal Politik Internasional

This article analyzes military policy making made by Australian Government to tackle the issue of illegal immigrants in Australia after the Australian Federal Election in 2013. Some of existing studies on the topic illustrate from the point of view of securitization, that illegal immigrant issues has been securitized and requires the intervention of the Australian army through Operations Sovereign Borders. However, in the context of the 2013 Australian Federal Elections, these earlier studies have not explained the objectives of securitization resulting in an assertive policy in the handling of illegal immigrants. By employing the strands of securitization concept, this paper …

Terrorism In The Middle East: Implications On Egyptian Travel And Tourism, Tamer Z.F Mohamed, Tamer S. Elseyoufi

International Journal of Religious Tourism and Pilgrimage

This paper attempts to shed the light on challenging issues affecting travel and tourism industry especially in the Middle East such as political, socio-economic and security instability. Due to its geopolitical and historical importance, the paper focuses on the situation in Egypt as a descriptive case study. The methodology relies on historical review and impact assessment to understand the roots and extended branches of instability in the Middle East that led to the Arab Spring, by focusing on the Egyptian case in the last half century. The assessment explains the negative effect of Western and Egyptian policy on extending the …

Inside The Virtual Ambazonia: Separatism, Hate Speech , Disinformation And Diaspora In The Cameroonian Anglophone Crisis, Sombaye Eyango Jules Roger

Master's Theses

This study examines the dynamics of the anglophone separatist claims in Cameroon, the so-called “Anglophone Crisis”. I focus on explaining why the separatist claims reemerged in 2016 after being shut down for about 20 years. It explains how the Anglophone separatist revendications have sustained over time despite the extremely centralized power of the Paul Biya government.This paper first argues that the Anglophone Crisis is more than an identity struggle between Anglophone/Francophone Cameroonians, but rather a conflict about historical and institutional grievances, political competition, and regional politics involving the neighboring state of Nigeria.

Second, it verifies the hypothesis that the sustainability …

Can A Global Fund Help Solve The Global Marine Plastic Debris Problem?, Karen Raubenheimer, Alistair Mcilgorm

Journal of Ocean and Coastal Economics

The problem of marine plastic debris impacts all of the world’s oceans and requires all nations to respond. However, developing States require funds to improve waste management infrastructure and services in order to reduce marine debris at source. Plastics manufacturers and retailers globally must be incentivised to design products for the environment as well as for the collection and end-of-life treatment facilities available within the intended markets. Given the oceans are a global common, we investigate the option of developing a global fund mechanism to progress the necessary actions to reduce plastic waste entering the world’s oceans. This requires consideration …

"I Wanted Them To Be Punished Or At Least Ask Us For Forgiveness”: Justice Interests Of Female Victim-Survivors Of Conflict-Related Sexual Violence And Their Experiences With Gacaca, Judith Rafferty

Genocide Studies and Prevention: An International Journal

Survivors of human rights abuses need to experience a sense of justice to support their individual recovery. Women who have experienced conflict-related sexual violence have specific justice interests that are distinct from those of survivors of other abuses. This article focuses on justice interests of Rwandan women who experienced sexual violence during the genocide in Rwanda and who had their cases tried in gacaca community courts between 2008 and 2012. The article discusses two justice interests that emerged during interviews with 23 Rwandan women about their gacaca experience. These interests include the punishment of perpetrators and perpetrators taking responsibility for …

Nationalism And Border Violence: The Global Rise In Soft Fascism, Rachel Shimabukuro

Capstone Projects and Master's Theses

Since the election of Donald Trump in the United States in 2016, there has been a particularly nationalistic, illiberal shift in the way we interact with the rest of the world. As we have favored some while violently excluding others at our borders, the media and press which criticizes these policies is under attack. This shift is not exclusive to the United States and the following research will also focus on the illiberal democratic movements in Hungary, Brazil, the Philippines, and the unfolding right-wing politics of a post-Brexit state. In an explanatory style, this research will focus on Benedict Anderson’s …

New Documents Shed Light: Why Did Peacekeepers Withdraw During Rwanda’S 1994 Genocide?, Emily A. Willard

Genocide Studies and Prevention: An International Journal

Why did the international community decide to withdraw United Nations peacekeeping troops from Rwanda during the 1994 genocide? Analysis of newly released documents and results from an international conference with former U.N. and government officials sheds further light on our understanding of what took place leading up to and during the Rwandan genocide. This article focuses on two key moments: 1) the United States’ reluctance to support the peacekeeping mission from before its mandate began and prior to the killing of U.S. troops in Somalia in autumn 1993; and the United States’ central role pushing the United Nations Security Council …

Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article provides the most 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. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of …

Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip

Research Collection Yong Pung How School Of Law

At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.

Financial Planning Mechanisms Available To Persons With Special Needs In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

A woefully underinvestigated area of the law is the management of property rights of persons with special needs. In this chapter, the term ‘special needs’ is defined widely to include people who are incapable of managing their daily financial affairs. The scope of people within this group may include persons with dementia, schizophrenia and intellectual disability as well as vulnerable elders. It should be noted that persons with special needs may have accumulated substantial property before becoming incapable of managing their financial affairs by reason of illness, old age or dementia. Alternatively, they could have inherited or stand to inherit …

Dual-Class Shares In Singapore – Where Ideology Meets Pragmatism, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This article seeks to understand the rationale for and potential implications of the introduction of dual class shares (DCS) in Singapore. It does so by first considering the theoretical as well as evidential arguments for and against the use of DCS, followed by a survey on the reception (or otherwise) of such structures in four common law jurisdictions with vibrant capital markets, viz., Canada, the United States, United Kingdom and Hong Kong. It observes that the chief argument cited by business founders to justify the use of DCS structures is the desire to enhance a firm’s long-term profitability by shielding …

Protecting Consumers' Personal Data In The Digital World: Challenges And Changes, Man Yip

Research Collection Yong Pung How School Of Law

At the Personal Data Protection Seminar 2017, Dr Yaacob Ibrahim, Minister for Communications and Information, said that Singapore must “aspire towards a high standard of data protection that strengthens trust with the public, gives confidence to customers whose data is collected and used, while providing an environment for companies to thrive in the digital economy”.

Stamp Duty Relief And Anti-Avoidance Provisions, Vincent Ooi

Research Collection Yong Pung How School Of Law

Reliefs from stamp dutyIn certain circumstances, stamp duty reliefs may be applicable to instruments that would otherwise be dutia-ble, provided that the reliefs are claimed within specified statutory time limits. Such reliefs are distinct from stamp duty remissions, which may be granted by the Minister through the exercise of his powers under Sec-tion 74 of the Stamp Duties Act (Cap 312, 2006 Ed.). Under Section 74 of the Stamp Duties Act, the Minister has the discretion to prospectively or retrospectively reduce or remit duties subject to such conditions as he may impose. This power may be exercised on a general …

The Impact Of The China-Australia Free Trade Agreement On Australia's Education Exports To China: A Legal And Economic Assessment, Junfang Xi, Weihuan Zhou, Heng Wang

Research Collection Yong Pung How School Of Law

As a landmark achievement in the development of the China-Australia bilateral economic relations, the China-Australia Free Trade Agreement (“ChAFTA”) achieves a higher level of liberalisation in education services compared with China's commitments under the World Trade Organisation and its other free trade agreements. However, the ChAFTA fails to relax the major regulatory barriers in China, which will remain the key obstacles to Australia's education services exports to China. Through a preliminary study and a regression analysis of the impacts of the ChAFTA on Australia's education exports to China based on available data, we show that the ChAFTA did not play …

Steve & Anita, Steve, Anita, Tsos

TSOS Interview Gallery

Steve and Anita Canfield helped the Church of Jesus Christ of Latter-day Saints in Turkey. They helped send blankets, coats, and washing machines to Syrian refugees. They were assigned to Frankfurt to assess refugee camps, soup kitchens, warehouses, and immigrant communities. The couple visited refugee camps and soup kitchens all over Europe to determine what was needed most by refugees.

The Canfields established the Friendship Center in Rome. The center offers classes in Italian, English, Italian, and a Red Cross course. It also has a gospel choir, a popular activity for primarily African refugees. The LDS Church has plans to …

Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

City-based organizations and governments play an important role in incorporating undocumented immigrant youth. This article investigates how localities sociopolitically incorporate these immigrants by examining the governance constellations and institutional logics of the organizational field that manages undocumented youth. Comparing sets of municipal and civil society organizations in different national settings, I use the two cases of New York City and Paris to ask how the ‘city-based organizational field of immigrant incorporation’ shapes citizenship experiences of undocumented youth. Data come from multi-level longitudinal ethnography over 8 years with two dozen undocumented youth and with organizations in each city as well as …

Collective Shout's Victory Against Sexpo: A Win For Children's Rights, Caitlin Roper

Dignity: A Journal of Analysis of Exploitation and Violence

This report is an account of the legal battle between Australian grassroots campaigning movement Collective Shout and Sexpo, the annual sex industry exhibition. Sexpo brought a lawsuit against Collective Shout after their campaign against Sexpo’s promotion of live-streamed porn shows on public buses servicing school routes. In April 2018, Sexpo’s application was dismissed, with Sexpo ordered to pay Collective Shout’s legal costs.

Three “Pitfalls” For The Unwary: Third-Party Funding In Asia, Darius Chan

Research Collection Yong Pung How School Of Law

For some time, practitioners would have seen news alerts headlining that third-party funding is permitted in Singapore and Hong Kong for arbitration and arbitration-related court proceedings. Digging a little deeper beyond the shiny new labels, this article highlights three practical “pitfalls” which practitioners would have to be mindful of when dealing with third-party funding in Singapore and Hong Kong.

All Eyes Will Be On How Heng And His 4g Team Lead Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan said the choice of Finance Minister Heng Swee Keat as the People’s Action Party’s first assistant secretary-general should not come as a surprise as he was the only fourth-generation (4G) leader to be made a full Minister upon winning his maiden election in 2011, helming the Education Ministry between 2011 and 2015. He opined that Mr Heng’s 4G team will have to stamp their distinctive collective identity and leadership ethos as governance becomes increasingly complex.

Whole-Of-Society Approach Needed Against Truth Decay, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that technology has compounded the problem of fake news and that governments and legislation are not the only means to curb them. This is especially so when blunt legislation may end up eroding the fundamental liberty of freedom of speech and expression. He sought the use of a multi-pronged, multi-stakeholder approach against disinformation campaigns and with trusted sources of information being boosted to produce real information for the public.