International and Area Studies Commons^™

Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh

Research Collection Yong Pung How School Of Law

This article examines the main monetary remedies for breach of fiduciary duty under Singapore law: equitable compensation and account of profits. Both areas of law are in need of clarification, though for different reasons. The law on the account of profits appears stable and uncontroversial. There has not been an opportunity for the courts to consider more fully the proper limitations on the scope of account. However, the authorities that are on point suggest that the duty to account for profits follows almost as a matter of course from breach. In particular, causation between profits and breach is seemingly irrelevant …

Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Being a hyper-connected society, our national security is also increasingly being redefined by threats in the cyberspace. Cyberattacks have evolved from a nontraditional security threat to a new domain of intense conflict, involving deception and sabotage.

Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena

Dissertations, Theses, and Capstone Projects

This study examines the shifting landscape of social and economic inequalities in the remittance-dominated region of southern highland Ecuador, focusing on the transformations brought about by increased international migration since the early 2000s. The broader question is whether or not transnational migration has facilitated political and social upward mobility among indigenous communities. More specifically I ask: in what ways does indigenous identity figure in contemporary international migration practices, how does transnational indigenous migration complicate bounded notions of rural indigenous life, and how might the strategies employed by indigenous migrants transform social and economic inequalities in two small towns in the …

The Prudential Carve-Out Clause: Is Risk The New Corrupt Moral?, John Anwesen

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

No abstract provided.

International Legal Instruments And New Judicial Principles For Restitution Of Illegally Exported Cultural Properties, Ho-Young Song

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

No abstract provided.

Caught In The Act But Not Punished: On Elite Rule Of Law And Deterrence, Francesca Jensenius, Abby Wood

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

No abstract provided.

Abused, Abandoned, Or Neglected: Legal Options For Recent Immigrant Women And Girls, Meaghan Fitzpatrick, Leslye Orloff

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

No abstract provided.

The Forgotten Victim: Men And Domestic Violence - Issues For The I-360 Petition, Christine Grant

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

No abstract provided.

Domestic Violence Victims Need Support At State Level, Rep. Scott Conklin

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

No abstract provided.

Violence Against Women Symposium And Collected Works

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

No abstract provided.

Should Children Work? Dilemmas Of Children’S Educational Rights In The Global South, Conrad John Masabo

Southern African Journal of Policy and Development

The realisation of Children’s Rights and the right to education, in particular, have for quite long left the children of the Global South at a crossroads. The ideal of a childhood free from work has in itself become a barrier to access this social good. As such, due to their country’s minimal or non-existent educational funding and family abject poverty, some children in the Global South have realised that adopting a pragmatic strategy of combining school and work is the only feasible solution. This study, therefore, examines the interface between children’s work and schooling in the Global South.

Decolonising Sex: Fifty Shades Of Rape, Roseline K. Njogu

Southern African Journal of Policy and Development

This article explores how ideas of patriarchy have shaped the nature and effect of rape law. It argues that rape law reinforces patriarchy, and because of the inherent inconsistencies between the male roles of aggressor and protector, it has remained ineffective. Taking Kenya as its springboard, it analyses how ideas of sexual relations within and outside marriage are transplanted through colonialism; and how they morph and merge with analogous indigenous conceptions to entrench and formalise the continued subjugation of the female body. It explores the unintended consequences of the internationalisation of English Monogamy; and rape law reform and its continuity/discontinuity …

A Guide To The Singapore Constitution (2nd Ed.), Smu Apolitical

Student Publications

This primer is an introductory guide to the Constitution, its history, the legal concepts associated with it (such as the separation of powers and constitutional supremacy) and so much more. With illustrations and diagrams to aid in understanding, it is designed for readers of all ages and from all walks of life. The Constitution is the supreme law of the land. It provides for, among other things, the 3 branches of the Singapore government (namely, the executive, the legislature and the judiciary) and secures our fundamental liberties. The provisions in the Constitution are applied in our daily lives, both directly …

When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.

Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng

Research Collection Yong Pung How School Of Law

Trade policy is formulated through a rather complex decision-making process that involves two-way interactions between actors in public and private sectors. Such interactions are of particular importance in resolving trade controversies in the information and communication technology (ICT) sector. Focusing on the conflicts between the EU and its trading partners in the Greater China Area regarding certain innovation policies in this high-tech industry, this Article underscores how catch-up strategies adopted by latecomer economies in East Asia may implicate the world trade order in recent years. Loosely built upon the insights of public-private network theory, this Article identifies key variables—economic, legal, …

Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

The establishment of the Singapore International Commercial Court (“SICC”) marks a significant development in Singapore’s private international law. This note leverages on the Singapore High Court decision of IM Skaugen SE v MAN Diesel & Turbo SE [2016] SGHCR 6 to discuss two key issues raised by the SICC: the relationship between the Singapore High Court’s and the SICC’s jurisdictional rules, and the applicable test for the exercise of the SICC’s jurisdiction. This note argues that the possibility of a transfer to the SICC should influence the High Court’s exercise of its international jurisdiction, and that the SICC should not …

Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …

Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Singapore is on the threshold of the most significant re-engineering to its constitutional architecture since the introduction of the Elected Presidency (EP) in 1991.

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.

National Treasure: A Survey Of The Current International Law Regime For Underwater Cultural Heritage, Christian Hoefly

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

No abstract provided.

Addressing The Problem Of Implementing The Hague Abduction Convention On The Civil Aspects Of International Child Abduction Between The U.S. And Mexico, Breanna Atwood

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

No abstract provided.

Outliving Love: Marital Estrangement In An African Insurance Market, Casey Golomski

Anthropology

Marital estrangement and formal divorce are vital conjunctures for married women’s kinship relations and life course, where a horizon of future possibilities are revalued and negotiated at the interstices of custom, law, and social and ritual obligations. In this article, after delineating the forms of customary and civil marriage and the possibilities for divorce or estrangement from each, I describe how some married women in Swaziland and South Africa mediate this complex social field for their children and families through pensions and continuing to pay for their partners’ insurance coverage. This was not solely out of avarice to reap future …

U.S. State Building And The Second Amendment, Darren Dale Gil

Dissertations

This dissertation used a comparative case study strategy employing a mixed methods thematic content analysis approach¹ to explore U.S. government support for Second Amendment freedoms as compared to other freedoms in the U.S. Bill of Rights in American-led state-building projects in Cuba (1898-1901), Germany (1945-1949), and Iraq (2003-2005). The dissertation tested for Republican and Democratic political party support regarding Second Amendment freedoms in U.S. state-building projects. Findings from the three case studies showed that the American government did not support individual arms rights in its state-building efforts as it did with the other nine Bill of Rights freedoms. Findings …

Product Intervention For Retail Structured Investment Products: A Comparison Of Rules In Singapore, Hong Kong And Taiwan, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This article compares new product intervention rules in Singapore, Hong Kong and Taiwan for complex structured investment products. Singapore’s approach is to improve firms’ internal safeguard, while Hong Kong’s approach is to require prior authorisation for new unlisted structured investment products by the securities regulator. Taiwan’s approach is to have a self regulatory body reviewing a product beforehand. This article argues that it is difficult to review the merit of a financial product in advance and thus it is difficult to have a true gatekeeper for toxic financial products. Before product intervention, we must first identify clear objectives. Regulators have …

Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

The greying of society has become a significant problem in Singapore and many parts of Asia, putting great financial pressure on various aspects of the economy, including the insurance and pension markets. In this article, we generally examine certain key aspect of legal infrastructure in Singapore to see if insurance law and financial regulations in Singapore is well equipped to cope with potential problems from an aging society in the near future. In addition to conventional insurance products, we also explore other ways to hedge the so-called ‘longevity risk’ by alternative risk management products in both the wholesale and retail …

The Audacity Of Schooling’S Faith, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

For a young country starved of sporting success on the world stage, Singapore has lionised and feted its Rio Oympics hero, Joseph Schooling, since his sensational victory in the 100m butterfly event — and rightfully so.

#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I …

Aisha, Aisha, Tsos

TSOS Interview Gallery

Aisha, a Syrian native, lived in Latakia with her Palestinian husband and six children. Their children were not allowed to attend school because of their Palestinian heritage. During the war, mortars and missiles hit the city, and Aisha's brother lost three children. Aisha's uncle in Jordan helped to smuggle their family into Turkey after they decided to escape.

They sailed to Greece with a boat carrying about 350 people. The ship's drivers abandoned it during the journey. To save the children on board, Aisha's husband steered the sinking ship. Her husband was arrested in Greece, and Aisha, who was five …

Samadi & Sabroo, Samadi, Sabroo, Tsos

TSOS Interview Gallery

Samadi was a member of the Kurdistan Freedom Party. He joined at the age of 17 andhas been a member for 22 years. This party sought an independent Kurdistan andfought with the invader countries. Samadi lived at the Oinofyat Refugee Camp inGreece at the time of this interview. His daughter was killed by ISIS in 2014 whiledefending Kurdistan. After her death, his family was threatened by the Salafi group.They left to save their lives. Samedi says that the Salafi group rapes and kills children in the name of religion. He says he is a fighter and he is not afraid …

Morena, Morena, Tsos

TSOS Interview Gallery

Morena has two children and a husband, and she is currently pregnant. Her life in Afghanistan felt normal, and she was able to study there until she had to flee. Her father in law was a truck driver for an American company and he had to surrender several vehicles to the Taliban. They robbed his vehicle and threatened violence. Because of this danger, Morena and her family fled. Their eight-month journey included rejection in Turkey and Iran multiple times and many struggles with smugglers and police. They eventually made it to a camp in Greece.

Because Morena is pregnant, they …