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Articles 181 - 210 of 940
Full-Text Articles in International and Area Studies
Wto Reform And China: Defining Or Defiling The Multilateral Trading System?, Henry S. Gao
Wto Reform And China: Defining Or Defiling The Multilateral Trading System?, Henry S. Gao
Research Collection Yong Pung How School Of Law
In November 2001, China finally acceded to the World Trade Organization, in a deal described by then WTO Director-General Mike Moore as a “defining moment in the history of the multilateral trading system”. In recent years, however, China has been accused of defiling the letter and spirt of WTO rules with its unique economic model. Believing that existing WTO rules are inadequate in dealing with the China challenge, key WTO Members have launched a new round of WTO reform, which is the subject of this article. Contrary to popular belief, most of the problems concerning China are not new but …
The Curious Case Of Horseracing Data Caught In A Tangled Web Of Relationships – The Racing Partnership Ltd V. Sports Information Services Ltd [2020] Ewca Civ 1300, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
This paper comments on the recent split decision of the English Court of Appeal in The Racing Partnership Ltd v. Sports Information Services Ltd [2020] EWCA Civ 1300 concerning the common law action for misuse of confidential information. Although the majority overturned the decision of the trial judge and found in favour of the defendant, this author will explain why the conclusion reached by the dissenting judge is the more compelling.
The Ccp At 100: Can It Lead China To Be The Wave Of The Future?, Eugene K. B. Tan
The Ccp At 100: Can It Lead China To Be The Wave Of The Future?, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The author discussed about the foremost geopolitical challenge China is facing as the Chinese Communist Party (CCP) marks its centenary on July 1. He pointed out that bilateral ties between US and China are patently lacking in trust, but believes both can find convergence and achieve mutual respect if determined efforts are channelled towards policies, institutions, norms, and cooperation that seek to incrementally enhance security and cooperation for both countries even as they robustly engage each other on the issues.
Foreign Judgments: The Limits Of Transnational Issue Estoppel, Reciprocity, And Transnational Comity, Tiong Min Yeo
Foreign Judgments: The Limits Of Transnational Issue Estoppel, Reciprocity, And Transnational Comity, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
In Merck Sharp & Dohme Corp v Merck KGaA [2021] SGCA 14, a full bench of the Singapore Court of Appeal addressed the limits of transnational issue estoppel in Singapore law, and flagged possible fundamental changes to the common law on the recognition and enforcement of foreign judgments in Singapore. The litigation involves multiple parties spread over different jurisdictions. The specific facts involved in the appeal are fairly straightforward, centring on what has been decided in a judgment from the English court, and whether it could be used to raise issue estoppel on the interpretation of a particular term of …
Singapore’S Special Insolvency Scheme For Small Companies, Vincent Ooi, Aurelio Gurrea-Martinez
Singapore’S Special Insolvency Scheme For Small Companies, Vincent Ooi, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
In this article, the authors examine a temporary program in Singapore to help micro and small businesses facing insolvency amid the COVID-19 crisis.
A New Structuring Option For Funds: The Singapore Variable Capital Company, Vincent Ooi
A New Structuring Option For Funds: The Singapore Variable Capital Company, Vincent Ooi
Research Collection Yong Pung How School Of Law
The Singapore Variable Capital Company (“VCC”) offers a new structuring option for funds. This article considers the features of the VCC in terms of structure, operational aspects and commercial considerations, against the backdrop of similar structures in the BVI and Labuan. It submits that, with statutory modifications, opportunities exist to use the VCC for insurance, captive insurance and family offices.
Strong, Cohesive Leadership Must Emerge From Cabinet Rejig, Tan K. B. Eugene
Strong, Cohesive Leadership Must Emerge From Cabinet Rejig, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan opined that “a total of 13 ministries having new ministers in two Cabinet reshuffles within a span of nine months is significant” and “these significant moves underscore not only the urgency of leadership renewal and succession, but also the need for certainty and confidence as Singapore transitions to the 4G leadership which will coincide with the post-Covid era”. He highlighted the need for a strong, cohesive leadership to emerge from the Cabinet reshuffle amid these exceptional times, as he believes that “a leadership that can galvanise the people will enable …
What A Delayed Political Succession Means For Singapore, Tan K. B. Eugene
What A Delayed Political Succession Means For Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the implications of what a delayed political succession might mean for Singapore. He also explained how the search for Deputy Prime Minister Heng Swee Keat's successor presents a new test for Singapore’s leaders, and highlighted the key focus for leadership renewal amid the pandemic.
What The Cabinet Reshuffle Signals, Tan K. B. Eugene
What The Cabinet Reshuffle Signals, 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 “Cabinet reshuffle announcement was not intended to shed any light on which fourth-generation (4G) leader would be the prime minister-in-waiting," but it “effectively confirms ministers Chan Chun Sing, Ong Ye Kung, and Lawrence Wong as the main contenders to be the 4G prime minister”. He discussed what the Cabinet reshuffle signals and explained why the 4G leadership needs more time to come to a consensus on who their new leader would be.
Reconciling Joint Tenancies With Writs Of Seizure And Sale, Alvin W. L. See
Reconciling Joint Tenancies With Writs Of Seizure And Sale, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article examines the use of the writ of seizure and sale as a method of execution against a joint tenant’s interest in land and how it is to be reconciled with established principles of co-ownership law, in particular the fundamental distinction between a joint tenancy and a tenancy in common.
Digital Readiness Index For Arbitration Institutions: Challenges And Implications For Dispute Resolution Under The Belt And Road Initiative, Allison Goh
Research Collection Yong Pung How School Of Law
Post-COVID-19, a paradigm shift has occurred in the adoption of technology in arbitration. Leading arbitral institutions have adapted quickly, highlighting the foresight of institutions who have existing technological infrastructure in place. This article proposes a ‘Digital Readiness Index’, which aims to evaluate arbitral institutions on their level of digital readiness based on five evaluative indicators. Cross referenced against Institute for Management Development (IMD’s) 2019 World Digital Competitiveness Rankings, the findings reveal synergies between an economy’s digital competitiveness and the adoption of technology in dispute resolution. To further the development of dispute resolution processes under the Belt and Road Initiative, strategic …
Selective Engagement? Future Path For Us-China Economic Relations And Its Implications, Heng Wang
Selective Engagement? Future Path For Us-China Economic Relations And Its Implications, Heng Wang
Research Collection Yong Pung How School Of Law
The US-China economic interactions will have profound ramifications for the world. The article explores the following questions: what is the path forward for US-China economic interactions? What are its implications? It argues that selective engagement is the possible future path for US-China economic interactions. Selective engagement involves selective focuses, which currently are an unprecedented emphasis on market access, and delegalized implementation. Selective engagement contrasts sharply with deep free trade agreements that focus on regulatory disciplines and legalized dispute settlement. Selective engagement carries profound implications, ranging from rule vacuum and inconsistency, increased protection and economic disintegration, to the marginalization of multilateralism. …
Data Regulation In Trade Agreements: Different Models And Options Ahead, Henry S. Gao
Data Regulation In Trade Agreements: Different Models And Options Ahead, Henry S. Gao
Research Collection Yong Pung How School Of Law
“Data is the new oil”. Just like oil, which powered the economy in the last century, data are what moves the world today. This is especially true for international trade. The crucial role played by data can be observed at every step of the process, from the conception of a new product and the sourcing of raw materials and parts, to the manufacturing process and the transportation of products across borders, until they finally reach the hands of consumers from every corner of the world.
Tax Avoidance By Professionals: Where Are We With Wee Teng Yau?, Vincent Ooi
Tax Avoidance By Professionals: Where Are We With Wee Teng Yau?, Vincent Ooi
Research Collection Yong Pung How School Of Law
Wee Teng Yau represents the first case on tax avoidance by professionals to come before the Supreme Court. This note attempts to reconcile the judgments of the High Court and the Income Tax Board of Review, which both made findings that the taxpayer had engaged in tax avoidance, but which approached the case rather differently on some points. Apart from a clear rejection of the “personal exertion” principle as having no legal basis under Singapore law, it appears that the common conclusion is that professionals incorporating a company would not constitute tax avoidance in itself, but if this was coupled …
The Use Of Hearsay In Criminal Proceedings: An Updated Framework, Siyuan Chen, Wen Min Chai, Yi Hang Lau
The Use Of Hearsay In Criminal Proceedings: An Updated Framework, Siyuan Chen, Wen Min Chai, Yi Hang Lau
Research Collection Yong Pung How School Of Law
When the Evidence Act was amended in 2012, significant changes were made to the provisions concerning hearsay to broaden the gateways of admissibility.
Choice Of Law Governing A Contract Where Its Existence Is In Dispute: Clarifications From The Singapore International Commercial Court In Lew, Solomon V Kaikhushru Shiavax Nargolwala, Shou Yu Chong
Research Collection Yong Pung How School Of Law
The Singapore International Commercial Court’s judgment in Lew, Solomon v Kaikhushru Shiavax Nargolwala [2020] 3 SLR 61 is noteworthy as it heralds a modest development in Singapore private international law, especially in respect to the not uncommon issue of disputes over cross-border contracts where its existence is challenged. This case represents one of the handful of Singapore precedents which directly addresses the difficult conundrum where both the governing law and the existence of the underlying contract are in dispute. Under this context, it articulates a default choice of law position – the lex fori – where it is impossible to …
Wto Reform: A China Round, Henry S. Gao
Wto Reform: A China Round, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the World Trade Organization (WTO), China's exports have been growing exponentially. In 2009, China became the world's top goods exporter. Four years later, China unseated the United States as the top trading nation in the world. In contrast to the burgeoning Chinese economy, the United States and Europe have been suffering from economic decline since the global financial crisis in 2008. China regards its rise as a long overdue restoration of its rightful position, as it has been the largest economy in the world for most of its history, except the brief aberration over the past …
Disruptive Technologies And Digital Transformation Of The Financial Services Industry In Singapore: Regulatory Framework And Challenges Ahead, Aurelio Gurrea-Martinez
Disruptive Technologies And Digital Transformation Of The Financial Services Industry In Singapore: Regulatory Framework And Challenges Ahead, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
This paper seeks to provide a general overview of the impact of new technologies in the financial services industry in Singapore. For that purpose, it starts by emphasizing that technology has always played an important role in the financial industry. However, new disruptive technologies, as well as the increasing use of data in the financial services industry, have created new challenges and opportunities for the financial sector. While Singapore has managed to address these challenges by adopting one of the quickest and most innovative and comprehensive responses probably observed internationally, financial markets –and particularly the fintech industry– are constantly evolving. …
Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander
Recommendations To Develop International Commercial Mediation In Singapore, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry of Law to transform and develop its international commercial mediation sector are presented.
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
The Role Of The Law Of Unjust Enrichment In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Singapore's unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch of the law of obligations alongside tort and contract, providing relief to a plaintiff who has transferred an enrichment to the defendant in circumstances where the plaintiffs intent was vitiated. This vitiation of intent is expressed as an 'unjust factor'. While certain 'unjust factors' are regarded …
Licence To Lock: The Overextension Of Technological Protection Measures, Vincent Ooi
Licence To Lock: The Overextension Of Technological Protection Measures, Vincent Ooi
Research Collection Yong Pung How School Of Law
As digital goods gain traction and technological advancements that enable and facilitate piracy develop, technological protection measures (‘TPMs’) have become indispensable tools for content-producers to safeguard their intellectual property (‘IP’) rights. Like other intellectual property laws, there is an inherent tension in TPM protection provisions between safeguarding the content-producers’ IP rights and the consumers’ collective legitimate right to access works. TPM protection may be overly broad in two major ways. Firstly, by an inefficacious transposition of the rights and authority requirements, which stems from Article 11 of the WIPO Copyright Treaty. Secondly, by an overly-broad protection of TPMs in domestic …
Blowing Hot And Cold In Litigation: Abuse Of Process, Election Or Approbation And Reprobation? Bwg V Bwf [2020] Sgca 36, Dorcas Quek Anderson
Blowing Hot And Cold In Litigation: Abuse Of Process, Election Or Approbation And Reprobation? Bwg V Bwf [2020] Sgca 36, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
This note analyses the Singapore Court of Appeal’s decision in BWG v BWF which allowed the adoption of inconsistent positions across related court proceedings against different parties. The decision raises crucial questions on the limits to be imposed on a party’s freedom to pursue opposing rights in litigation, and how the doctrines of abuse of process, election by waiver, and approbation and reprobation should be applied. It is argued that the court’s application of the abuse of process doctrine obscured the central exercise of assessing all the relevant interests and circumstances. The differing rationales underlying the common law doctrine of …
Spandeck: A Relational View Of The Duty Of Care, Kian Peng Soh
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
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
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
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
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
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
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
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: …