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Articles 2101 - 2130 of 2943

Full-Text Articles in International and Area Studies

Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh Jul 2012

Contract Law, Chee Ho Tham, Pey Woan Lee, Yihan Goh

Research Collection Yong Pung How School Of Law

No abstract provided.

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Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee Jun 2012

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

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Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu Jun 2012

Public Health Regulation: The Impact Of Intersections Between Trade & Investment Treaties In Asia, Locknie Hsu

Research Collection Yong Pung How School Of Law

There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic and policy discussion on aspects such as their effects on trade liberalization, problems raised by specific trade and investment provisions, dispute settlement, and concerns over “regionalism”. Like such areas, public health regulation has been significantly affected by such treaties. FTAs, together with bilateral investment treaties (BITs), are rapidly forming a source of intersecting state …

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From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell Jun 2012

From Retribution To Reconciliation, From Spoiler To Peace Envoy, Christine Bell

Human Rights & Human Welfare

Is there a tension between justice and peace? That debate I leave to my co-panelists, because the most interesting and important thing about this month's centerpiece, without a doubt, is not its well-judged (if slightly ill-informed) take on the ICC, but the name of the author at its end.

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Traditional Tests For Implication Of Terms Prevail In Singapore Despite ‘Acceptance’ Of Belize Test: Sembcorp Marine Ltd V Ppl Holdings Pte Ltd, Yihan Goh Jun 2012

Traditional Tests For Implication Of Terms Prevail In Singapore Despite ‘Acceptance’ Of Belize Test: Sembcorp Marine Ltd V Ppl Holdings Pte Ltd, Yihan Goh

Research Collection Yong Pung How School Of Law

There is an ongoing legal debate concerning the test governing the implication of terms in fact, prompted in no small measure by Lord Hoffmann’s influential speech in Attorney General of Belize v Belize Telecom. In Belize, Lord Hoffmann famously said that the question for a court considering whether a term should be implied is ‘whether such a [term] would spell out in express words what the instrument, read against the relevant background, would reasonably be understood to mean’. This has generally been regarded by judges3 and academics4 as subsuming the implication of terms within the broader rubric of ‘interpretation’. The …

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The Landscape Of Singapore’S Insurance Contract Law: Initial Findings On The Use Of Authorities Of Reported Singapore Judgments Regarding Insurance Disputes From 1965 To 2010, Christopher Chao-Hung Chen May 2012

The Landscape Of Singapore’S Insurance Contract Law: Initial Findings On The Use Of Authorities Of Reported Singapore Judgments Regarding Insurance Disputes From 1965 To 2010, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

Initial findings of an empirical study of the citations of 80 reported Singapore insurance judgments between 1965 and 2010 show that Singapore courts have not developed a stronger character in the area of insurance law. Though British cases represent 363 of the 512 cases cited, we find that jurisdiction is not a predicator of whether a case is followed or distinguished. However, being a case decided by the UK Supreme Court (including the former House of Lords and Privy Council) is more likely to be followed by Singapore courts regarding insurance law. Nonetheless, Singapore judges cite more English textbooks than …

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Under The Gun: Ongoing Assaults On Bahrain’S Health System, Richard Sollom, Holly G. Atkinson May 2012

Under The Gun: Ongoing Assaults On Bahrain’S Health System, Richard Sollom, Holly G. Atkinson

Publications and Research

In February 2011, the Government of Bahrain began targeting health professionals who treated protesters. In April 2012, PHR's Richard Sollom, Deputy Director, and Holly Atkinson, MD, FACP, past President of PHR's Board and volunteer expert, authored a report showing the devastation on Bahrain's health system that have resulted from the Government of Bahrain’s continued assault on doctors, patients, and the healthcare system.

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Peace Through Justice?: Evaluating The International Criminal Court, Katherine Ann Snitzer May 2012

Peace Through Justice?: Evaluating The International Criminal Court, Katherine Ann Snitzer

International Studies Honors Projects

This thesis looks at the recently created International Criminal Court (ICC) and its early cases in Uganda, the Democratic Republic of Congo, and Sudan. The central questions are: how does the Court impact peace building in the war-torn countries whose cases it handles? And is there a tension between peace and justice in these cases? The case studies demonstrate that while rhetoric linking peace and justice dominates the Court, the ICC is ill equipped to address the complex interaction of the two in specific countries. The Court’s narrow mandate and powers mean that practical and political concerns dominate its decision-making …

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Both Sides Will Need To Raise Their Game, Tan K. B. Eugene May 2012

Both Sides Will Need To Raise Their Game, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Now that the Hougang by-election is over, the Workers' Party (WP) and the People's Action Party (PAP) will conduct their post-mortems. SMU Assistant Professor Eugene Tan wrote that ?Among the key questions would be how they campaigned and how they can deal with the issues that the hustings threw up. For the WP, how can it keep Hougang in its fold and grow the famed "Hougang Spirit"? How can it be less reliant on its charismatic leader Low Thia Khiang? For the PAP, how can it make significant gains and be more competitive in Hougang?? He concludes that what the …

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Contract Modifications: Reflections On Two Commonwealth Cases, Pey Woan Lee May 2012

Contract Modifications: Reflections On Two Commonwealth Cases, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The common law rule that a promise to perform a pre-existing obligation is no consideration is said to have done the most in giving the doctrine of consideration a bad name. While the English innovation of 'practical benefits' in Williams v Roffey has effectively enervated this rule, general discontentment with the conceptual difficulties residing in this approach has often led to calls for the abolition of consideration in the context of contract modifications. This article examines two Commonwealth cases that took this step and warns against an overly optimistic view of such a development. It argues, instead, that the post-Williams …

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Inward Fdi In Singapore And Its Policy Context, Locknie Hsu May 2012

Inward Fdi In Singapore And Its Policy Context, Locknie Hsu

Research Collection Yong Pung How School Of Law

Inward foreign direct investment (IFDI) has long been an important feature of the Singapore economy, and Singapore remains an attractive host to FDI. Apart from a brief decline in 2002, FDI inflows have generally been strong in the decade 2000-2010. They reached a peak in 2007 at US$ 37 billion, just before the global financial and economic crisis of 2008-2009. In 2008, inflows declined sharply to US$ 8.6 billion, before rapidly rebounding to reach US$ 38 billion in 2010. Singapore has moved from an economy primarily involved in manufacturing consumer goods in labor-intensive industries in the 1960s, to one producing …

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Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson May 2012

Introducing A ‘Presumption Of Adr’ For Civil Matters In The Subordinate Courts, Joyce Low, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article traces the development of court ADR programmes in the SubordinateCourts for civil disputes. It also discusses the implications of a recent PracticeDirection introducing a “Presumption of ADR”.

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Battle For Undecided Voters In Hougang, Tan K. B. Eugene May 2012

Battle For Undecided Voters In Hougang, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor and NMP Eugene Tan commented on the battle for undecided voters in Hougang prior to the by-election this Saturday. He wrote that the political stakes are not so high in this by-election. Although the WP has more to lose this round, the stakes are calibrated differently in their first head-to-head contest since GE2011, and the parties must remember that this by-election is but a "battle" only. Instead, the PAP and WP would do well to stay focused on acquitting themselves well in the long haul before the next General Election. The priority for both parties is to …

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Jlia Editorial Board & Staff Apr 2012

Jlia Editorial Board & Staff

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

No abstract provided.

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A Blue Thai Affair: The Blue Diamond Affair's Illustration Of The Royal Thai Police Force's Standards Of Corruption, Meghan A. Mcclincy Apr 2012

A Blue Thai Affair: The Blue Diamond Affair's Illustration Of The Royal Thai Police Force's Standards Of Corruption, Meghan A. Mcclincy

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

The Blue Diamond Affair, an international jewelry heist, captivated the world’s attention because of its unresolved murders, its implication of law enforcement and public officials from two divergent countries, and the resulting diplomatic tensions between Thailand and Saudi Arabia. The crime also demonstrates the inadequacy of the policies that governed the conduct of the Royal Thai Police Force and how the policies allowed, if not perpetuated corruption within the Royal Thai Police Force. This comment provides an overview of the Blue Diamond Affair, analyzes the Thai criminal statutes and policies, and explores possible remedies for police corruption in Thailand and …

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Stop The Money, Stop The Attacks: A Categorical Approach To Achieving An International Terrorist Financing Sanction Regime, Vietlong Nguyen Apr 2012

Stop The Money, Stop The Attacks: A Categorical Approach To Achieving An International Terrorist Financing Sanction Regime, Vietlong Nguyen

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

Money allows terrorist organizations to continue their day-to-day operations. Stopping the flow of financial support to terrorist organizations will diminish the intensity and frequency of the attacks and ideally lead to a cessation of such attacks. One country may be able to establish barriers to terrorist financing through government sanctions. These barriers will not stop terrorist financing; but rather, it will divert it to another country. The only way to effectively stop such financing is to implement international standards for terrorist financing sanctions. But as countries differ economically and politically, a solution must accommodate each countries’ unique situation. This comment …

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China And The Anti-Counterfeiting Trade Agreement - Acta Faith, Or Act Futility?: An Exposition Of Intellectual Property Enforcement In The Age Of Shanzhai (山寨), Leroy J. Pelicci Jr. Apr 2012

China And The Anti-Counterfeiting Trade Agreement - Acta Faith, Or Act Futility?: An Exposition Of Intellectual Property Enforcement In The Age Of Shanzhai (山寨), Leroy J. Pelicci Jr.

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

This comment presents a snapshot of the current state of intellectual property (“IP”) enforcement in China in light of a controversial new treaty designed to address the illicit, yet by all accounts thriving, industry of trade in pirated and counterfeit goods. Beginning with an overview of IP-intensive industries, this comment highlights the significance and value of this unique form of property, both to individuals and to national economies. This comment then shifts in focus to the areas of commerce most affected by counterfeiting and piracy, discussing China’s prevalent role in the epidemic, and its copycat subculture known as “Shanzhai.” Thereafter, …

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Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach The United States About Crime-Motivated Immigration Reform, Allie Sievers Apr 2012

Gypsies, Tramps & Thieves: What Europe's Romanies Can Teach The United States About Crime-Motivated Immigration Reform, Allie Sievers

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

This comment proposes that the United States could learn a great deal about the dangers of extreme immigration policy-making by looking to the European states and their dealings with the Romani, specifically the French expulsions of the Romani in 2010. Through this lens, this comment analyzes flaws in the U.S.’ crime-motivated immigration enforcement programs, and argues that the U.S. needs to move quickly to remedy flaws in immigration enforcement before it repeats many of the mistakes that led to the current condition of Europe’s Romanies and creates its own class of un-integrated ethnic minorities.

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The Hegemony Of English In South African Education, Kelsey E. Figone Apr 2012

The Hegemony Of English In South African Education, Kelsey E. Figone

Scripps Senior Theses

The South African Constitution recognizes 11 official languages and protects an individual’s right to use their mother-tongue freely. Despite this recognition, the majority of South African schools use English as the language of learning and teaching (LOLT). Learning in English is a struggle for many students who speak indigenous African languages, rather than English, as a mother-tongue, and the educational system is failing its students. This perpetuates inequality between different South African communities in a way that has roots in the divisions of South Africa’s past. An examination of the power of language and South Africa’s experience with colonialism and …

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Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield Apr 2012

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

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

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

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Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck Apr 2012

Alone On A Wide Wide Sea: A National Security Rationale For Joining The Law Of The Sea Convention, James W. Houck

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

In the face of twenty-first century challenges to military maritime mobility, the question persists as to whether customary international law will remain a reliable foundation for U.S. maritime security interests in the future. To date, the U.S. has successfully conducted military operations sanctioned by the customary high seas freedoms of free navigation and overflight. However, with technological advances and heightened environmental and defense concerns, countries with coastal state interests may demand greater control over their near-shore waters, requiring the U.S. to reconsider its position outside the United Nations Convention on the Law of the Sea (UNCLOS). This article addresses pertinent …

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Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor Apr 2012

Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor

Honors Projects in History and Social Sciences

Presently, 120 states are parties to the Rome Statute establishing the International Criminal Court (ICC). A state that one will not find on the list, however, would be the United States. This project examines the relationship between the International Criminal Court (ICC) and the United States. The United States took part in the negotiating process, signing the Rome Statute under President Bill Clinton, but was not fully satisfied with the agreement reached. Under President Bush, however, the Rome Statute was unsigned. Presently, the United States remains unsigned on the Rome Statute. The relationship between the Court and the United States …

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The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson Apr 2012

The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson

Political Science Theses and Capstones

In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …

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A Comparative Analysis Of The Transitional Effect Of Democratic Regime Change On Human Rights Development, Alana Mcelhinney Apr 2012

A Comparative Analysis Of The Transitional Effect Of Democratic Regime Change On Human Rights Development, Alana Mcelhinney

Political Science Theses and Capstones

It has been a long-standing topic of discussion within the field of political science on the extent to which the establishment of democratic regime characteristics influences the development of human rights. While there is considerable research in the areas of democracy and human rights, what the literature lacks is research towards the growth of democratic regime characteristics being causal to the development of human rights practices. This analysis shows that a transition in democratic regime characteristics is directly linked to the development of human rights. After completing case-study analysis and developing causal theory I take data from the years 1981 …

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The Politics Of H-1b Visa Limits, Fang Fang Apr 2012

The Politics Of H-1b Visa Limits, Fang Fang

Political Science Theses and Capstones

In recent years, the number of H-1B Visa (Temporary Work Visa) issued has increased tremendously. Various lobbying groups are devoted to persuading Congress to revise immigration laws and to increase the work visa issuance cap. The purpose of my study is to find out the how the H-1B Visa policy is effected by analyzing the lobbying expenditures of different economic sectors. Although there are abundant studies on the factors that affect immigration policies, there are few studies that concentrate specifically on the H-1B Visa. I combined campaign finance data and annual work visa data to assess the relationship between lobbying …

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Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee Apr 2012

Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …

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The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?, Heng Wang Apr 2012

The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?, Heng Wang

Research Collection Yong Pung How School Of Law

The interpretation of GATS Article V, which deals with economic integration, is of crucial importance to the growing number of economic integration agreements (EIAs) in services, in terms of dispute settlement, services negotiations, the WTO review of EIAs, the coordination between multilateralism and EIAs, and best practices in drawing up EIAs. However, the Article has received insufficient study and remains vague.This paper takes China's eight EIAs as test cases for interpreting GATS Article V and argues that GATS commitments may be an appropriate threshold for interpreting the Article, in particular the substantial sectoral coverage and elimination of discrimination requirements, which …

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Contractual And Procedural Effects Of Non-Exclusive Jurisdiction Agreements, Darius Chan Mar 2012

Contractual And Procedural Effects Of Non-Exclusive Jurisdiction Agreements, Darius Chan

Research Collection Yong Pung How School Of Law

In Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala, a respondent’s attempt to stay Singaporean proceedings on forum non conveniens grounds in favour of a non-exclusive jurisdiction (Hong Kong) was denied. In doing so, the Singapore Court of Appeal set out important principles concerning the legal effects of a non-exclusive jurisdiction agreement. This note makes a comparative analysis of the decision with English case law. It will be seen that the decision has taken a bold and firm step in a direction where English case law had previously tiptoed but still not fully embarked.

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"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce Mar 2012

"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce

Human Rights & Human Welfare

The bottom line is that the crisis in Syria is tragic and extremely complicated. Some of its more complex issues include the threat of ethnic conflict, refugee flows, Iran's regional influence, and the impact of this uprising on other protests in the Arab world, ongoing and in the future. However, there are also several incontrovertible facts: the regime of Bashar al-Assad, in the name of putting down a protest movement that turned violent, is responsible for at least 7,500 deaths and shows no signs of relenting.

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Imf: Predatory Lender Or Latin America’S Best Chance?, Paul Thomas Smith Mar 2012

Imf: Predatory Lender Or Latin America’S Best Chance?, Paul Thomas Smith

Political Science Theses and Capstones

Recently, there has been heated debate as to whether or not assistance from the International Monetary Fund has proven to be a great humanitarian effort or a scheme by Western governments to keep emerging Latin American countries in debt. The IMF partners with numerous governments in order to create a collective monetary community from which all may benefit in times of need. These partnered countries are also able to apply for assistance if they find themselves in monetary hardships. Some studies have shown that the IMF has been too heavy handed, while other studies have shown that recipient governments may …

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