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Articles 1321 - 1350 of 2943

Full-Text Articles in International and Area Studies

Commentary On The Investigation: The April 20, 2001 Peruvian Shootdown Accident, Ibpp Editor Aug 2018

Commentary On The Investigation: The April 20, 2001 Peruvian Shootdown Accident, Ibpp Editor

International Bulletin of Political Psychology

This article critiques an investigative report officially intended (1) to establish the facts and circumstances contributing to the April 20, 2001 interdiction of a United States (US) missionary floatplane and the death of two US citizens and (2) to make recommendations to minimize another such accident. The report was issued by the US Department of State Bureau for International Narcotics and Law Enforcement Affairs.


Out Now: Recognition And Enforcement Of Foreign Judgments In Asia, Adeline Chong Aug 2018

Out Now: Recognition And Enforcement Of Foreign Judgments In Asia, Adeline Chong

Research Collection Yong Pung How School Of Law

A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore.


The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene Aug 2018

The Evolving Narrative On Home Ownership In Singapore, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that the recent National Day Rally speech by Prime Minister Lee Hsien Loong should recalibrate HDB home owners’ expectations of their home as an ever-appreciating asset. While the recalibration of the HDB-as-asset message is welcome, Associate Prof Tan noted that more could have been done to raise some hard truths such as how upgrading costs for the HDB flats would be funded given an ageing population and a shrinking workforce.


Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander Aug 2018

Vietnam Series: Four Key Features Of The Commercial Mediation Framework, Nadja Alexander

Research Collection Yong Pung How School Of Law

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and previous Kluwer posts on aspects of Vietnamese mediation, this post offers an overview of the main features of Vietnam’s legal and institutional framework for commercial mediation.


How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo Aug 2018

How Should The Courts Know Whether A Dispute Is Ready And Suitable For Mediation? An Empirical Analysis Of The Singapore Courts’ Referral Of Civil Disputes To Mediation, Dorcas Quek Anderson, Eunice Chua, Tra My Ngo

Research Collection Yong Pung How School Of Law

In line with international developments in court-connected mediation, the Singapore courts have strongly supported the use of mediation and have taken steps to encourage litigants to attempt mediation. This article features the very first empirical analysis of the Singapore courts' referral of civil cases to mediation. Although focused on Singapore, the results of the study also inform the referral policies of other judiciaries that similarly engage in the practice of referring cases for mediation. The study uses a rigorous method to shed light on the crucial factors to be considered by the courts in referral practice and designing of mediation …


China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks Aug 2018

China’S Changing Position Towards Marine Protected Areas In The Southern Ocean: Implications For Future Antarctic Governance, Nengye Liu, Cassandra M. Brooks

Research Collection Yong Pung How School Of Law

The paper first briefly describes the negotiation process of Marine Protected Areas (MPAs) in the Southern Ocean. Then it examines China's changing position towards the establishment of a Ross Sea MPA, as proposed by the United States and New Zealand in the Commission for Conservation of Antarctic Marine Living Resources. Finally, the paper explores how China's position towards or against Southern Ocean MPAs implies China's future role in Antarctic governance.


Regulatory Reform In China And The Eu: A Law And Economics Perspective, Han-Wei Liu Jul 2018

Regulatory Reform In China And The Eu: A Law And Economics Perspective, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Edited by Stefan E. Weishaar, Niels Philipsen and Wenming Xu, this volume is an output of collaborative efforts that bring together a group of both established and emerging law and economics scholars from China and the European Union (EU). The volume makes a timely contribution to existing scholarship in several crucial ways. First, although this collection originated from a series of conferences held between 2012 and 2015, many of the debates engaged in by contributors, and in particular the overarching theme of this book, turn on the role of the Chinese government in directing the behaviour of market participants at …


Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen Jul 2018

Singapore High Court Rejects Application To Adjourn Enforcement Of Foreign Arbitral Award, Wei Ming Tan, Aaron Yoong, Lixin Chen

Research Collection Yong Pung How School Of Law

In the recent decision of Man Diesel & Turbo SE v I.M. Skaugen Marine Services Pte Ltd [2018] SGHC 132, the Singapore High Court (“HC”) rejected an application to adjourn the enforcement of an arbitral award that was also the subject of a setting aside application in Denmark, the seat of the arbitration. This case is the first of its kind in Singapore and provides clarity as to when litigants can seek an adjournment of proceedings to enforce a foreign arbitral award.


From Waqf, Ancestor Worship To The Rise Of The Global Trust: A History Of The Use Of The Trust As A Vehicle For Wealth Transfer In Singapore, Hang Wu Tang Jul 2018

From Waqf, Ancestor Worship To The Rise Of The Global Trust: A History Of The Use Of The Trust As A Vehicle For Wealth Transfer In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

This Article focuses on the migration of English trust law to Singapore and its past and present uses in relation to wealth transfer through the ages. In Singapore, trust law arrived together with the corpus of English law. Unlike criminal law, which was influenced by Indian codes promulgated by the English in British India, trust law was received into Singapore directly from England.


Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson Jul 2018

Medical Negligence Proceedings In Singapore: Instilling A Gentler Touch, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Medical malpractice is an area that traverses a wide range of issues in any society – the qualityand cost of healthcare, the insurance industry, the cost of litigation, the impact on medicalpractice and the heightened emotions arising from injuries or even loss of lives. Evidently, thequestion of compensation for medical malpractice impinges on each of these challenges. Likemany countries, Singapore has been grappling with these issues through implementing variousreforms in the legal and healthcare sectors. Although compensation has historically beenobtained through legal proceedings in the Singapore courts, there is a growing shift towardsadopting a much gentler touch to deal with …


Data Protection In The Internet: National Rapporteur (Singapore), Ee-Ing Ong Jul 2018

Data Protection In The Internet: National Rapporteur (Singapore), Ee-Ing Ong

Research Collection Yong Pung How School Of Law

National report on Singapore's data protection laws, including the Personal Data Protection Act, and how data protection laws are implemented and enforced in Singapore.


Singapore Convention On Mediation, Nadja Alexander Jul 2018

Singapore Convention On Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution to name the Convention the “Singapore Mediation Convention” was also approved. This concludes three years of vigorous debate with participation by 85 member states and 35 international governmental and non-governmental organisations. Once finalised and adopted by UNCITRAL, the next step is for the UN General …


Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan Jul 2018

Interpreting Contracts Under Singapore Law In International Arbitration — The Sequel, Darius Chan

Research Collection Yong Pung How School Of Law

Article 16(3) of the UNCITRAL Model Law on International Commercial Arbitration provides in relevant part that, “if the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request … the court … to decide the matter”. One question that arises is, to the extent issues of evidence arise, what rules of evidence should the court apply when “decid[ing] the matter”? Does the Court apply national rules of evidence, or does the Court apply the same rules of evidence, if any, that the tribunal was obliged to apply? This thorny question reared its head recently in …


Human Trafficking In Japan Through The Use Of Schoolgirls, Khyrsten Acadimia Jun 2018

Human Trafficking In Japan Through The Use Of Schoolgirls, Khyrsten Acadimia

International ResearchScape Journal

Joshi Kosei (JK Business), is the integration of schoolgirls in the human trafficking industry in Japan. It is a form of compensated dating called “Enjo Kosai.” Japan is currently ranked as a tier 2 country within the Trafficking in Persons 2017 report that is conducted by the United States Department of State. This is due to the lack of enforcement behind the current policies to prosecute traffickers and protect victims. This paper traces the human trafficking industry from World War II to present times, as well as the Joshi Kosei phenomena from the 1990s to the present. After that there …


Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman Jun 2018

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder Jun 2018

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq. Jun 2018

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte Jun 2018

Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney Jun 2018

The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen Jun 2018

A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran Jun 2018

U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth Jun 2018

How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey Jun 2018

Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi Jun 2018

Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi Jun 2018

A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji Jun 2018

Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens Jun 2018

Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Anti-Conversion Laws And The International Response, Meghan G. Fischer Jun 2018

Anti-Conversion Laws And The International Response, Meghan G. Fischer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreward Jun 2018

Foreward

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Table Of Contents Jun 2018

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.