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

International and Area Studies Commons™

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

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 721 - 750 of 2943

Full-Text Articles in International and Area Studies

Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene Sep 2021

Tackling Singapore’S Terrorism Threat: Bringing The People Back In, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Eugene K B Tan, Associate Professor of Law at the Yong Pung How School of Law, Singapore Management University, considers Singapore’s response to the threat of terrorism following 9/11. This essay is based on an article published in the journal, Law and Policy (2009).

Go to article

Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene Sep 2021

Singapore: National Report For The Global Access To Justice Project, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Global Access to Justice Project is gathering the very latest information on the impact of the world’s major justice systems, analyzing legal, economic, social, cultural and psychological barriers that prevent or inhibit many, and not only the poor, from entering and using the legal system. The country report for Singapore follows the common framework provided by the Global Access to Justice Project Questionnaire.

Go to article

Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong Sep 2021

Singapore Will Soon Have Workplace Anti-Discrimination Laws: Here’S What You Need To Know, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Work is often a significant part of one’s life. Decisions by employers — including hiring decisions and choices on how to treat employees at work — can have life-changing effects on lives and livelihoods. Therefore, if there were reason to suspect that some employers make such decisions on the grounds of applicants’ or employees’ race, sex, or other personal characteristics without a valid reason, then we should be worried. If that were to become widespread, our society would suffer. Some people would face greater challenges than others at work, and therefore in life, merely because of who they are.

Go to article

Choice Of Law For Formation Of Contracts: Solomon Lew V Kaikhushru Shiavax Nargolwala, Adeline Chong Sep 2021

Choice Of Law For Formation Of Contracts: Solomon Lew V Kaikhushru Shiavax Nargolwala, Adeline Chong

Research Collection Yong Pung How School Of Law

No abstract provided.

Go to article

Covid-19 And The 2020/21 International Moots Season, Siyuan Chen Sep 2021

Covid-19 And The 2020/21 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.

Go to article

Liability Of Maker Towards Subject Of Negligent Statement: Tan Woo Thian V Pricewaterhousecoopers, Kee Yang Low, Sheena Xuan Hui Heng Sep 2021

Liability Of Maker Towards Subject Of Negligent Statement: Tan Woo Thian V Pricewaterhousecoopers, Kee Yang Low, Sheena Xuan Hui Heng

Research Collection Yong Pung How School Of Law

Negligent misstatement cases typically involve claims by the recipient of the statement. Since Spring v Guardian Assurance, there has been an increasing number of cases where the plaintiff is the subject of the negligent misstatement, which is quite a very different matter. In Tan Woo Thian v PricewaterhouseCoopers Advisory Services Pte Ltd, Singapore’s High Court and Court of Appeal consider the legal intricacies of such a claim.

Go to article

How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang Sep 2021

How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang

Research Collection Yong Pung How School Of Law

Regional trade agreements are undergoing many changes. Notably, the trajectory of China’s trade agreements has been affected by the unique US-China Phase One agreement, and these agreements extend beyond free trade agreements (FTAs). China’s trade agreements represent a different path forward from that mapped out by deep FTAs (e.g., the CPTPP) in respect of the future of trade law. This paper analyses two crucial but underexplored questions: What are the approaches behind deep FTAs and China’s trade agreements? How can we assess trade agreements (particularly China’s trade agreements)?The article critically reviews China’s trade agreements and deep FTAs. Based on in-depth …

Go to article

Yosuf, Yosuf, Tsos Aug 2021

Yosuf, Yosuf, Tsos

TSOS Interview Gallery

Yosef and his family of four are from the Herat Province in Afghanistan. The eldest child used to sell potatoes with Ibrahim, the middle child, who was killed by a landmine planted by counter-revolutionaries. As a result, the eldest child, Ismail, developed severe nerve and mental issues, and the wife, who is now pregnant, frequently has seizures. They sold their home to treat Ismail, but doctors say nothing can be done. Ismail’s condition continues to worsen, but he refuses to leave to see a doctor because he is afraid of the police for an unknown reason. Yosef says he is …

Go to article

Combating Digital Piracy In China And Its Unintended Side Effects, Singapore Management University Aug 2021

Combating Digital Piracy In China And Its Unintended Side Effects, Singapore Management University

Perspectives@SMU

Research shows a reduction in online piracy in China’s digital publishing sector boosted creative production but also reduced writers’ efforts in engaging with readers

Go to article

Tokyo 2020: A Tale Of Two Cities, Tan K. B. Eugene Aug 2021

Tokyo 2020: A Tale Of Two Cities, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan, who was a team manager at the 2002 Busan Asian Games and 2004 Athens Olympics, discussed the Olympics Tokyo 2020 and how it showed indomitable human spirit amid the pandemic. Assoc Prof Tan also discussed and explored how Singapore can develop sustainable pathways that would enable our athletes to continue having competitive sporting careers into their late 20s and 30s.

Go to article

To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal Aug 2021

To Stay Or Not To Stay? A Clash Of Arbitration And Insolvency Regimes, Darius Chan, Sidharrth B Rajagopal

Research Collection Yong Pung How School Of Law

In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the …

Go to article

A Reconsideration Of Equal Protection And Executive Action In Singapore, Wei Yao, Kenny Chng Aug 2021

A Reconsideration Of Equal Protection And Executive Action In Singapore, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

In Syed Suhail bin Syed Zin v Attorney-General, the Singapore Court of Appeal reconsidered how Article 12(1), the equal protection provision in Singapore’s Constitution, should apply to executive actions. Departing from the established ‘deliberate and arbitrary’ test, the Court of Appeal proposed to first consider whether the relevant persons were ‘equally situated’ and subject to differential treatment. If so, this treatment had to be justified by legitimate reasons. This note argues that while the rejection of the ‘deliberate and arbitrary’ test ought to be welcomed, this approach risks returning to an emphasis on classes in equal protection analysis – an …

Go to article

Tackling The Critical Question Of Schooling’S Ns Deferment After His Poor Tokyo Olympics Performance, Tan K. B. Eugene Aug 2021

Tackling The Critical Question Of Schooling’S Ns Deferment After His Poor Tokyo Olympics Performance, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan, who was team manager of Singapore’s 2004 Athens Olympics national swim team, discussed the critical question of Singapore’s sporting icon Joseph Schooling’s National Service (NS) deferment after his subpar performance at the Tokyo Olympics. Joseph has been on long-term NS deferment since 2014. Assoc Prof Tan noted that what is at stake is the integrity of long-term deferment, and the precedent-setting decision calculus which would come under intense scrutiny.

Go to article

Can Employers Justify Paying Workers Who Return To The Office More Than Those Who Work From Home?, Jared Nai Aug 2021

Can Employers Justify Paying Workers Who Return To The Office More Than Those Who Work From Home?, Jared Nai

Research Collection Lee Kong Chian School Of Business

Employers have strong grounds to do so but should avoid differentiating for wrong reasons like presenteeism, Singapore Management University’s Jared Nai says.

Go to article

Jobs For Justice(S): Corruption In The Supreme Court Of India, Madhav S. Aney, Shubhankar Dam, Giovanni Ko Aug 2021

Jobs For Justice(S): Corruption In The Supreme Court Of India, Madhav S. Aney, Shubhankar Dam, Giovanni Ko

Research Collection School Of Economics

We investigate whether judicial decisions are affected by career concerns of judges by analyzing two questions: Do judges respond to incentives to pander by ruling in favor of the government in the hope of receiving jobs after retiring from the Supreme Court? Does the government reward judges who rule in its favor with prestigious jobs? We construct a data set of Supreme Court of India cases involving the government for 1999–2014. We find that incentives to pander have a causal effect on judicial decision-making, and they are jointly determined by the importance of the case and whether the judge retires …

Go to article

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi Jul 2021

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

Go to article

Assembly And Maintenance Required: The Institutional Work Supporting Court-Connected Mediation Programs, Vittorio Indovina Jul 2021

Assembly And Maintenance Required: The Institutional Work Supporting Court-Connected Mediation Programs, Vittorio Indovina

Doctor of International Conflict Management Dissertations

In the past few decades, many courts in U.S. implemented mediation programs to offer disputing parties a cost-effective alternative to litigation and reduce the caseload of overcrowded courts, and such programs gained the global community's interest. This qualitative research study sheds lights on the institutional work needed to maintain court-connected mediation program. Its main assumption is that court-connected mediation programs, like many other institutions, are not self-reproducing institutions. Supportive activities are always required to maintain institutions over time. Through the lens of the institutional work scholarship, this study collects and analyzes data from thirty-two semi-structured interviews of court-connected mediation program …

Go to article

The Belt And Road Initiative Agreements: Characteristics, Rationale, And Challenges, Heng Wang Jul 2021

The Belt And Road Initiative Agreements: Characteristics, Rationale, And Challenges, Heng Wang

Research Collection Yong Pung How School Of Law

The Belt and Road Initiative (BRI) has brought with it an unprecedented number of agreements. BRI agreements consist of primary agreements (particularly MOUs) and secondary agreements (like performance agreements). They are a distinct, landmark feature of the BRI. Focusing on primary agreements and their close link with secondary agreements, this paper explores the following questions: What are the legal status and characteristics of primary agreements? Why are they adopted by China? What challenges do they face? BRI primary agreements can be regarded as a form of soft law, but that repurposes soft law characteristics for project development rather than rule …

Go to article

The Taxation Of Cryptocurrency Gains, Vincent Ooi Jul 2021

The Taxation Of Cryptocurrency Gains, Vincent Ooi

Research Collection Yong Pung How School Of Law

Taking Singapore as an example, this article lays out a series of tests for determining whether gains arising from the disposal of cryptocurrencies are trade or business income, “all other income” or capital gains. It also considers the possibility of a presumption that individuals engaging in such transactions are gambling.

Go to article

Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan Jul 2021

Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

This review examines the ten most significant decisions in tort law for 2020. It was an interesting year for the range of significant decisions in tort law handed down by the courts on matters including limitation period, medical negligence, the scope of duty in negligence, breach of confidence, conspiracy, and defamation.

Go to article

The Unmeritorious ‘Legality’/‘Merits’ Distinction In Singapore Administrative Law, Benjamin Joshua Ong Jul 2021

The Unmeritorious ‘Legality’/‘Merits’ Distinction In Singapore Administrative Law, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore courts often state that judicial review of executive decision-making ought only to involve an inquiry into the ‘legality’ of a decision or the ‘decision-making process’, and not the ‘decision itself’ or its ‘merits’ – let us call this the ‘Distinction’. This paper argues that the Distinction should be expunged from Singapore law. The Distinction has its roots in English case law which aimed to prevent the courts from arbitrarily substituting their decision for the executive’s by reason of mere disagreement. But Singapore case law has gone further and treated the Distinction as a general principle applicable to all …

Go to article

Cmio Holds Value For Minority Communities, Tan K. B. Eugene Jul 2021

Cmio Holds Value For Minority Communities, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the intrinsic and symbolic value of the Chinese-Malay-Indian-Others (CMIO) classification, and explained how it matters to all communities, but more so for the minorities. He called for continual dialogue and meaningful engagement on race issues to nurture Singapore's civic identity while fully recognising its multiple roots, to strengthen the Singaporean identity and ethos.

Go to article

One Year On Since Ge2020: Thinking Afresh For The Post-Covid Era, Tan K. B. Eugene Jul 2021

One Year On Since Ge2020: Thinking Afresh For The Post-Covid Era, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that even as political competition in Singapore sharpens, a deeper understanding and broader consensus must develop on critical issues. He believes that remaking Singapore to be a fairer, more just, and compassionate society in a post-Covid world is a key responsibility for Parliament.

Go to article

The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer Jul 2021

The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer

Research Collection Yong Pung How School Of Law

Since starting its economic reform four decades ago, China has been highly successful in integrating its economy into regional and global value chains (GVCs). This started with simple assembly and processing, then expanded to low-end labor-intensive manufacturing, and gradually moved up to technology-intensive and capital-intensive industries. This article analyzes the development of Chinese law, legal institutions, and international and transnational legal initiatives to support the development of GVCs, which we divide into five phases. The article does not idealize law in terms of ‘commitment’ or ‘rule of law,’ but rather, in the legal realist tradition, views law as an important, …

Go to article

Institutional Investors In China: Corporate Governance And Policy Channeling In The Market Within The State, Lin Lin, Dan W. Puchniak Jul 2021

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 legal literature.

Go to article

Citizenship On The Move: The Deprivation And Restoration Of Emigrants' Hukou In China, Jiaqi M. Liu Jul 2021

Citizenship On The Move: The Deprivation And Restoration Of Emigrants' Hukou In China, Jiaqi M. Liu

Research Collection School of Social Sciences

Scholars have long debated whether international migration impinges on states’ control over transborder populations. In this article, I lay bare how states consolidate control through the calculated manipulation of emigrant citizenship. Based on a genealogical interrogation of China’s emigrant citizenship policies from the 1950s to present and three months of fieldwork in an emigrant community in China, I illustrate that the state first revokes emigrants’ citizenship and then imposes selective conditions on its restoration upon their return. China’s otherwise domestically oriented citizenship regime, namely, the household registration (hukou) system, works similarly as an international immigration regime by selecting and documenting …

Go to article

Lisa Campbell, Lisa Campbell, Tsos Jun 2021

Lisa Campbell, Lisa Campbell, Tsos

TSOS Interview Gallery

Lisa Campbell, project manager for the non-profit Do Your Part Refugee Community Center in Greece. Lisa combined efforts with multiple organizations to better the lives of refugees in the Delisi, Greece area. Lisa discusses the evolution of the growing refugee crisis and the millions who flee to Greece and Turkey.

Go to article

Konflik Minoritas Di Timur Tengah: Studi Kasus Konflik Etnis Kurdi, Bahy Chemy Ayatuddin Assri Jun 2021

Konflik Minoritas Di Timur Tengah: Studi Kasus Konflik Etnis Kurdi, Bahy Chemy Ayatuddin Assri

Journal Of Middle East and Islamic Studies

This paper attempts to explain the roots of the Irak and Syria Kurdish ethnic conflict by using the analysis of the Broken Windows theory. The theory that was conceived by a criminologist named George L. Kelling and Cathrine M. Coles is trying to explain something small, if not addressed, it will cause something big. An epidemic will spread depending on the community and the environment. Just like what happened with the Kurds in the Middle East. This group received unfair treatment by the local regime, so the epidemic of freedom and having its own territory spread. A wave of resistance …

Go to article

Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo Jun 2021

Law, Lawyers And Sustainable Development: Reflections Of A Fellow Traveler, Muna B. Ndulo

Southern African Journal of Policy and Development

At the national level, the rule of law is necessary to create an environment for providing sustainable livelihoods and eradicating poverty. Poverty often stems from disempowerment, exclusion and discrimination. The rule of law fosters development through strengthening the voices of individuals and communities, by providing access to justice, ensuring due process and establishing remedies for the violation of rights. Security of livelihoods, shelter, tenure and contracts can enable and empower the poor to defend themselves against violations of their rights. Legal empowerment goes beyond the provision of legal remedies and supports better economic opportunities. In order for the rule of …

Go to article

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar Jun 2021

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …

Go to article

First Prev Next Last