International and Area Studies Commons^™

Accrual Of Cause Of Action In Negligence: Ipp Financial Advisers Pte V Saimee Bin Jumaat, Gary Kok Yew Chan

Singapore Law Journal (Lexicon)

Damage is the gist of the action in negligence. An action in negligence is said to accrue only when damage arises. The precise timing of the damage is an important factor in an application to strike out a claim in negligence on the ground that it was filed out of time contrary to the Limitation Act. Consequently, the lawsuit may have to be initiated within a specified period from the accrual of the cause of action.

Do Algorithms Dream Of Mistaken Contracts? Supreme Court Case Summary: Quoine Pte Ltd V B2c2 Ltd, Lokman Bin Mohamed Rafi Hakim

Singapore Law Journal (Lexicon)

Can an agreement which is formed purely through the operation of algorithms be considered a binding contract? If so, can such a contract be unilaterally cancelled because of a mistake, where such mistake resulted in trades being concluded at 250 times the market rate? This was the question before the Court of Appeal (“CA”) in the case of Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 2.

The Impossibility Defence: Supreme Court Case Summary: Han Fang Guan V Public Prosecutor, Kwang Chian Lee

Singapore Law Journal (Lexicon)

In Han Fang Guan v Public Prosecutor [2020] SGCA 11, the Court of Appeal (“CA”) clarified the law regarding “impossible attempts”, which are attempts to commit an offence that could not possibly have been consummated in the circumstances. The accused Han Fang Guan (“Han”) was charged with the capital charge of attempting to possess one bundle containing not less than 18.62g of diamorphine (also known as heroin) for the purpose of drug trafficking, an offence under section 5(1)(a) read with section 5(2) and section 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”).

The Limits To Freedom To Contract: Supreme Court Case Summary: Leiman, Ricardo V Noble Resources Ltd, Jia Xin Tan

Singapore Law Journal (Lexicon)

In line with the principle of freedom to contract, the courts will give effect to the intention of the parties in creating their contract, and also hold them to their duty to perform their primary obligations under such contract. However, where the contracting parties agree to vest certain decision-making powers to a specific (non-judicial) entity, to what extent may a court review the exercise of powers by such entity?

Is Climate Change A Threat To International Peace And Security?, Mark P. Nevitt

Faculty Articles

This article argues that climate change’s destabilizing impacts require us to look at existing international governance tools at our disposal with fresh eyes. As such, Council climate action cannot and should not be dismissed out-of-hand. As conflicts rise, migration explodes, and nations are extinguished, how long can the Council remain on the climate sidelines? Hence, my call for a re-conceptualized “Council 3.0” to meet the climate security challenges this century.

This article proceeds as follows. In Part II, I describe and analyze the current state of climate science and the climate-security threats facing the world. This includes an analysis of …

Law, Growth, And The Identity Hurdle: A Theory Of Legal Reform, Martin W. Sybblis

Faculty Articles

This Article offers a new theoretical approach to understanding resistance to legal change in the corporate and commercial context by introducing the sociological concept of "community economic identity" (CEI) into legal scholarship. I argue that community leaders (typically, but not exclusively, from the political, legal, and business spheres) generate public and recognizable identities-e.g., "Coal Country" or "Motor City"-with respect to some commercial activities. These identities influence how law reform is conceived and deployed within jurisdictional boundaries (i.e., country, state, town, region, etc.). CEI complicates the prevailing public choice narrative regarding the influence of special interests in the law reform process. …

Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.

Batman Saves The Congo: How Celebrities Disrupt The Politics Of Development, Alexandra Cosima Budabin, Lisa Ann Richey

Books and Book Chapters by University of Dayton Faculty

How celebrity strategic partnerships are disrupting humanitarian space: Can a celebrity be a "disrupter," promoting strategic partnerships to foster ideas and funding to revitalize the development field, or are they just charismatic ambassadors for big business? Examining the role of the rich and famous in development and humanitarianism, this book argues that celebrities do both, and that understanding why and how yields insight into the realities of neoliberal development.

Contents:

• Introduction
• Chapter 1. Celebrity, Disruption and Neoliberal Development
• Chapter 2. Narrating the Congo: Dangerous Single Stories and the Organizations that Need Them
• Chapter 3. Choosing the Congo: How a Celebrity …

#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel

Capstone Showcase

Alarmingly, the female murder rate in South Africa is five times the global average (BBC News 2019). According to data from 2017 and 2018, a woman is murdered every four hours in South Africa (Wilkinson 2019). More than 30 women were killed by their spouses in August 2019, and at least 137 sexual offenses are committed per day in South Africa (Francke 2019).

For this thesis, and in order to understand why South Africa has some of the highest rates of violence against women in the world, I consult a number of scholars who conclude that the overall issue of …

Litigating Socio-Economic And Women’S Rights In Benin’S Constitutional Court, Alice J. Kang, Susanna D. Wing

Department of Political Science: Faculty Publications

Scholars debate the role of legal institutions in promoting human rights in Africa. Much of the discussion focuses on Anglophone countries and does not examine the gender of litigants. We propose a constitutionalism constrained perspective that argues that which and whose rights are adjudicated are shaped by the context of constitutional reform. Where reformists are primarily concerned with safeguarding civil and political rights, high courts may protect civil and political rights claims more often than socio-economic ones. Examining hundreds of human rights decisions issued by Benin’s Constitutional Court, we ask, which and whose rights does the court protect? We find …

Spandeck: A Relational View Of The Duty Of Care, Kian Peng Soh

Research Collection Yong Pung How School Of Law

The use of a general framework in the determination of a duty of care has seemingly fallen out of favour following the UK Supreme Court’s decision in Robinson. Relying on the example of the Spandeck framework in Singaporean jurisprudence, this piece presents the argument that such frameworks, being consistent with a relational conception of tort law, can provide a useful means of determining whether a duty of care exists. In so doing, this piece addresses some criticisms of the relational view and re-emphasises the important role the duty of care plays in the tort of negligence.

Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African …

Tax Law And The Digital Economy In Singapore, Vincent Ooi

Research Collection Yong Pung How School Of Law

This chapter is divided into three main parts: 1) international tax law, 2) domestic tax law, and 3) tax and regulation. The first part deals with the international tax system and the way it has been affected by technology. This part will focus on income tax. Existing rules of nexus, characterisation of income and treatment of data are increasingly being challenged, leading to changes in the OECD Model Convention and the implementation of the Base Erosion and Profits Shifting (“BEPS”) project. These in turn have had a considerable impact on Singapore tax law, as Singapore is an active participant in …

Important Not To Let Hsr Termination Hobble Further Cooperation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Strong people-to-people ties can help temper political histrionics, moderate negative impact on political ties. The tantalising prospect of being able to leave Singapore and arrive in Kuala Lumpur in just 90 minutes remains a pipe dream after the High Speed Rail (HSR) agreement was terminated last Friday, along with what could have been an important confidence booster to bilateral ties between Singapore and Malaysia.

S’Poreans Are Feeling Betrayed Because Of Tracetogether. The Government Needs To Restore Trust, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The authorities previously assured citizens that the TT data "will only be used for contact tracing", but subsequently indicated that the data may be used for criminal investigations. TT is the vital tool in our fight against the pandemic as it helps with contact tracing. It is in the government's interest to ensure optimal usage of TT. Some are now feeling that the government has "betrayed" their trust, so public confidence in using TraceTogether must be restored.

Rethinking China Trade Policy: Lessons Learned And Options Ahead, Henry S. Gao

Research Collection Yong Pung How School Of Law

Looking back at the China trade policy of the Trump administration, the biggest lesson is that unilateralism simply doesn’t work, at least not against a major power like China. Despite the tumultuous two-and-half-year trade war and the Phase 1 deal hailed as an “unprecedented” deal promising “a more balanced trade relationship and a more level playing field for American workers and companies,” there has been little progress on the issues U.S. businesses and the Trump administration objected to in China’s trade and economic policies. It is not only the U.S. government that needs a more viable approach. Many companies would …

Governing Science And Technology Under The International Economic Order: Regulatory Divergence And Convergence In The Age Of Megaregionals By Shin-Yi Peng, Han-Wei Liu And Ching-Fu Lin, Henry S. Gao, Weihuan Zhou

Research Collection Yong Pung How School Of Law

Trade and technology have a long history of interdependence. It was the trade along the ancient silk road that helped to spread the technologies of China – such as paper-making, gun power, compass, and moveable type printing – to Europe. These technologies helped to launch the Renaissance, the Reformation, and the Great Discoveries, which in turn set in motion globalization as we know today. As we enter the third decade of the twenty-first century, the role of science and technology grows even stronger in international trade. For example, the advancement of information and communications technology (ICT) has greatly facilitated the …

Global Stablecoins And China’S Cbdc: New Moneys With New Impacts On The Financial System?, Wei Shen, Heng Wang

Research Collection Yong Pung How School Of Law

Digital currencies are reshaping the financial, monetary, and regulatory landscape. There are at least two routes for the development of digital currencies. One is global stablecoins (e.g., Diem that is previously named Libra), issued by private players, while the other is central bank digital currency (CBDC) issued by central banks, with China’s CBDC as an example and possibly the first CBDC that will be issued by a major economy. Albeit in their rudimentary stages, global stablecoins and China’s CBDC are likely to disrupt the current financial system and challenge existing financial regulation. This article examines two crucial but under-explored questions: …

China’S Bilateral Investment Treaties, Heng Wang

Research Collection Yong Pung How School Of Law

This chapter focuses on the changes and trends in Chinese bilateral investment treaties and relatedly investment rules of China’s free trade agreements. It analyzes a number of questions: what is the changing context of China’s bilateral investment rulemaking? How to understand the evolution of China’s bilateral investment treaties? What are the major features in China’s recent practice? What are the shifts on investment dispute settlement?

The Rise Of Self-Interests: How Shifting Political Goals Changed The Effectiveness Of Dutch Official Development Aid To Bangladesh From 2005 Until 2016, Thomas L. Oomen

Global: Jurnal Politik Internasional

Aid effectiveness has been situated in the central debate of development studies and, particularly, among foreign aid policy making community. As the Netherlands was one of the unique countries which focused extensively on the needs of its recipient, it is important to investigate the Netherlands’ recent practice of its development aid, particularly to Bangladesh and the associated goal ambiguity. This article attempts to answer the question, “to what extent does goal ambiguity in Dutch development aid affect the effectiveness of Dutch development aid given to Bangladesh?” This analysis is based on independent assessments of Dutch official development aid (ODA) to …

Indonesia’S Trade Diplomacy Through Fta: Analysis On Actors, Processes, And Goals Of Diplomacy, Pantri Muthriana Erza Killian

Global: Jurnal Politik Internasional

The purpose of this article is to examine the various FTAs that Indonesia has been involved in within the last 15 years by looking at the three core elements of trade diplomacy: actors, processes, and goals of FTAs. Based on these elements, this research finds that Indonesia’s FTA diplomacy tends to be dominated by foreign policy interests compared to economic ones, which can be observed through several elements. First, Indonesia’s FTA diplomacy is dominated by state actors and foreign policy players with little involvement from economic players and non-state actors. The numerous FTAs signed through ASEAN also reinforced this domination …

The Quality Of Peace In Post-Conflict Situation: A Comparative Study Between Armed Conflicts In Aceh And Bangsamoro, Ikhwan Rahmatika Latif, Dyah Mutiarin, Achmad Nurmandi

Global: Jurnal Politik Internasional

This article investigates the quality of peace in armed conflicts that occurred in the Southeast Asia region. The authors compared the cases of Aceh, where the armed conflict between the Free Aceh Movement or GAM and the government of Republic Indonesia ended peacefully with the Helsinki Memorandum of Understanding, with the conflict in the southern Philippines, where a peace agreement, the Comprehensive Agreement on the Bangsamoro, was successfully achieved between the government of Philippines and the Moro Islamic Liberation Front. This research employed document analysis to analyse the peace settlement documents of both parties and the derivative laws of the …

Indonesia's Involvement In The Afghanistan Peacebuilding Process, Fabian Nur Farizan, Dudy Heryadi

Global: Jurnal Politik Internasional

This article aims to understand and analyse Indonesia's involvement in ensuring peace, especially in peacebuilding efforts in Afghanistan. Indonesia’s commitment to improve its peace efforts in Afghanistan was expressed by President Joko Widodo during his visit to Kabul in 2018. This research used Lederach’s pyramid model of peacebuilding as the primary analysis tool. Lederach’s pyramid model identifies three approaches to peacebuilding, along with the main actors in the population affected by the conflict—namely top leadership, middle range leadership, and grass-root leadership. The results of the study show that Indonesia's involvement in Afghanistan in peace efforts has been carried out at …

Catalan Identity And Paradiplomacy Strategy In Catalonia’S Independence Movement, Windy Dermawan, Akim Akim

Global: Jurnal Politik Internasional

This article seeks to analyse how Catalan identity, within the context of its conflict with the Spanish government, contributes to its foreign relations with the global public through paradiplomacy. This article uses qualitative research method with literature study. It finds that Catalonia, as one of Spain’s autonomous regions, have a distinct history, language, and culture from other Spanish regions. To protect their identity, there have been an emergence of movement for greater Catalan autonomy, even independence. This conflict reached climax on 1 October 2017 when the Catalan government initiated an independence referendum amongst Catalan people, with the majority voted for …

The Moderation Of Frente Farabundo Martí Para La Liberación Nacional’S Economic Orientation In El Salvador, 2009-2019, Petrus Putut Pradhopo Wening

Global: Jurnal Politik Internasional

Frente Farabundo Martí Para la Liberación Nacional (FMLN) was a Marxist guerrilla group, known for its activities in the 1980s and 1990s to seize El Salvador’s government through war. Post-peace accords, FMLN transformed into an electoral political party and successfully won to lead the government of El Salvador in 2009-2019, but then they compromised their economic policies to suit neoliberalism. This article uses Gill and Law’s conceptualisation of the theory of direct and structural power of capital to explain the causes of FMLN’s neoliberalism-compromising economic policy adjustment in 2009-2019. This article finds that El Salvador’s social and political-economy historical dynamics, …

The Role Of Global Civil Society At The Local Level In Climate Change Mitigation: A Case Study Of Earth Hour’S Activities In Malang, Najamuddin Khairur Rijal

Global: Jurnal Politik Internasional

This study examines the role of global civil society at the local level in climate change mitigation. Climate change issue is one of the global issues that is responded at the local level, as the impact of the problem concerns the universal livelihood of the world’s population. This study focuses on Earth Hour’s activities in the Malang region as a part of a global civil society. This research uses global civil society and its role in environmental governance as the analytical framework. The data are collected through documentation studies and interviews. The results show that Earth Hour Malang’s activities have …

Deported Veterans: The Unintended Consequences Of “Good Moral Character”, Jonathan Deras

Master's Theses

The purpose of this research is to argue that U.S. immigration policy, specifically the 1996 IIRIRA (also known as IIRAIRA), needs to change regarding the legal treatment of immigrant U.S. military veteran deportees due to the following concepts. The first concept is to articulate how the criminalization of immigration, and how the military system intersects to facilitate the Deportation of U.S veterans. A key concept in this analysis is the standard of “good moral character” set by the U.S. government that enlistees need to meet to be accepted into the military; this standard is also used against immigrant veterans during …

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

Her Story: Ecuadorian Women In New York City, Benjamin Chambers

Capstones

My Capstone Project is an 80-photo reportage about women of Ecuadorian origin living in New York City, including text and video elements. The project is broken down into a general introduction; four photo stories each with captions and story text; and two videos. The project is entitled:

HER STORY: ECUADORIAN WOMEN IN NEW YORK CITY

https://www.chambersphotojournalist.com/capstone/

Crisis Within A Crisis: A Comparative Analysis Of Covid-19’S Implications On Greece And Spain’S Migrant And Refugee Processing Policies, Injy Elhabrouk

Undergraduate Honors Theses

With the onset of the COVID-19 pandemic came a collective global panic regarding health, safety, and security. Since the major outbreak of the coronavirus in March of 2020, few issues have received scrutiny and attention in the public sphere. Yet, the problems that existed before COVID-19 have not become obsolete, however, they were removed from the public eye. One such issue to receive less scrutiny is the treatment of the most vulnerable populations in the world—migrants and refugees. Spain and Greece’s locations on the Mediterranean Sea mean they are often the first place migrants seek refuge in their journey to …