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Articles 451 - 480 of 940
Full-Text Articles in International and Area Studies
From Apathy To Multi-Stakeholder Action For Our Biodiversity, Tan K. B. Eugene
From Apathy To Multi-Stakeholder Action For Our Biodiversity, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
SMU Associate Professor of Law Eugene Tan highlighted that the public consumption of sharks’ fin in Singapore has declined in recent years as a result of successful "say no to shark fin" campaigns. However, Singapore was the third largest importer of shark fin between 2005 and 2013. Shark conservation is not about sharks alone but about sustainability, oceanic health, and robust commercial fisheries. It's also about enlightened self-interest at its core. As a major food source, the oceans are critical to our food supply and security. As a maritime nation, commercial fisheries are important to us as well. Much more …
Independent Directors In Singapore: Puzzling Compliance Requiring Explanation, Dan W. Puchniak, Luh Luh Lan
Independent Directors In Singapore: Puzzling Compliance Requiring Explanation, Dan W. Puchniak, Luh Luh Lan
Research Collection Yong Pung How School Of Law
At first blush, the rise of independent directors in Singapore provides a straightforward example of a successful legal transplant from the West to Asia. In 2001, Singapore implemented a U.K.-inspired Code of Corporate Governance, which required the adoption of American-style independent directors on a "comply or explain" basis. Shortly thereafter, an overwhelming 98% of Singapore-listed companies reported full compliance. This, combined with Singapore's world-leading economic success, ostensibly confirmed the Anglo-American-cum- global conventional wisdom that American-style independent directors are required for good corporate governance.Using hand-collected data from 245 codes of corporate governance from eighty-seven jurisdictions, this Article reveals, however, that Singapore's …
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Toxic ‘haze’ from fires, often burning over dry peatland in Indonesia, has affected millions across Indonesia, Singapore and Malaysia, as well as parts of the Philippines and Thailand. For Singapore in particular, this slash-and-burn method of clearing land in Indonesia to cultivate crops such as oil palm has been an annual problem since 1972. However, 2015 stands out as the year Singapore experienced one of its worst episodes of haze pollution. Air quality based on the Pollutant Standards Index (PSI) plummeted to the ‘very unhealthy’ and ‘hazardous ranges’ for close to 50 days. Singapore suffered an estimated SGD $700 million …
Passing The Baton: Getting The 4g Leadership Ready, Tan K. B. Eugene
Passing The Baton: Getting The 4g Leadership Ready, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the latest Cabinet changes and what it means for the fourth-generation (4G) leadership. He noted that given the demands and vagaries of politics and public office, it is advantageous for the 4G leadership to be adequately staffed, and to possess sufficient depth and breadth in their ranks. As it stands, the 4G leadership has a predominantly public sector or military background prior to entering politics. He also added that next year’s reshuffle is likely to see most, if not all, of the 4G leadership being reassigned ministerial portfolios, to …
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight
Research Collection Yong Pung How School Of Law
Being a culturally responsive mediator has become increasingly challenging amidst the growing cultural complexity within many societies. Drawing on the existing research on culture and the authors’ experiences of mediating disputes amongst diverse disputants in Australia and Singapore, this paper proposes an emic-constructivist approach for the mediator to understand the individual disputant’s unique cultural preferences. It also recommends bringing forward the exercise of understanding cultural preferences through conducting pre-mediation intake interviews. It is argued that this approach enables the mediator to embrace the parties’ cultural complexity and to design the mediation process based on their rich milieu of preferences. Finally, …
The Asian Perspective On Smes In International Economic Law: Opportunities And Challenges Arising From The Tpp, Heng Wang
Research Collection Yong Pung How School Of Law
The Trans-Pacific Partnership (TPP) is likely to have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. The key question will be analysed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the key benefits the TPP can be expected to bring for SMEs are enhanced market liberalization and a more predictable regulatory environment. Second, the TPP poses serious challenges for SMEs (eg insufficiency of the opportunities to SMEs, the complexity of rules, difficulties in rule interpretation and implementation, and remaining regulatory differences), but different types …
Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene
Navigating The New Terrain Of A Reserved Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan discussed the workings of the upcoming Singapore presidential election. He noted that as the next election is a reserved one, all the more voters should specially consider a candidate’s commitment and contributions to multiracialism. On the reserved election mechanism, Associate Prof Tan noted that it helps ensure that the presidency is not only accessible, but is seen to be accessible to all the major racial communities in Singapore.“It functions as an inter-generational safeguard for minority representation, while not going as far as mechanically rotating the presidency among the major races, …
A Tale Of Two Chinese Cultural Centres, Tan K. B. Eugene
A Tale Of Two Chinese Cultural Centres, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan shared his views on the opening of the Singapore Chinese Cultural Centre (SCCC), located in the financial district. He noted that the opening of the SCCC, established by the Singapore Federation of Chinese Clan Associations, marks another milestone in Singapore’s multiracialism, adding that Chinese Singaporeans can also manifest their identity and culture without being perceived to be exclusive or domineering.Comparing the SCCC to the Chinese Cultural Centre (CCC), established by China’s government during China’s President Xi Jinping’s state visit to Singapore in November 2015, Associate Prof Tan said although Singapore …
How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan
How Should Bare Arbitration Clauses Be Enforced By The Courts?, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene
Time To Hold Last Rites For Martial-Rape Immunity, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
When Minister for Social and Family Development Tan Chuan-Jin said earlier this month in Parliament that the Government was “actively reviewing” a husband’s limited immunity from marital rape, he asserted that a married woman should have equal protection against sexual violence as an unmarried woman.
Can Wto Law Keep Up With The Internet?, Henry Gao
Can Wto Law Keep Up With The Internet?, Henry Gao
Research Collection Yong Pung How School Of Law
The regulation of Internet activities presents special challenges to the World Trade Organization (WTO), as its rules were mostly formulated in the pre-Internet era. The first difficulty lies in determining whether Internet activities should be classified as goods or services, as they are subject to different regulatory frameworks. Traditionally, the General Agreement on Tariffs and Trade (GATT) only applies to goods. It was not until the establishment of the WTO in 1995 that services trade was finally brought within the scope of the multilateral trading system. While some activities, such as the online delivery of books and audiovisual products could …
Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan
Have The Singapore Courts Faltered In The Enforcement Of Arbitration Agreements?, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh
An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh
Research Collection Yong Pung How School Of Law
In the light of Singapore’s aspiration to be a centre of legal ideas in the region, it is opportune to examine the Singapore courts’ use of legal scholarship. This article provides a preliminary map of the Singapore Court of Appeal’s citation practices. It provides an overview of the Singapore Court of Appeal’s use or citation of legal scholarship in its decisions over the past 50 years. It identifies and evaluates trends in the Singapore Court of Appeal’s citations of academic material and the types of academic material cited.
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Mediation Act 2016 was recently passed by the Singapore Parliament and is soon to come into operation. This legislative comment compares the Act’s key provisions to the common law principles concerning confidentiality and admissibility, enforcement of mediated settlement agreements and stay of proceedings pending mediation. It argues that the Act has refined the common law in certain areas, but has brought about greater uncertainty in other aspects. It also discusses how the major provisions are likely to be applied by the court in light of similar developments in other jurisdictions.
Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong
Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The law on the illegality defence in Singapore is in a fragmented state. In Patel v Mirza, the UK Supreme Court attempted to overhaul this notoriously confusing area of the law, and presented various ideas which are of potential interest to its development in Singapore.
Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li
Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li
Research Collection Yong Pung How School Of Law
Based on a large-scale survey of Chinese entrepreneurs, our study explores how institutions (formal and informal) influence investment decisions made by private companies. The study finds that, consistent with the conventional view, a more effective legal system is correlated with short-term general investment, and that the judiciary is important mainly because of its restraint over the state. The role of effective courts, however, diminishes when private entrepreneurs consider making long-term investment. We find a positive association between the entrepreneurs’ political backgrounds and their R&D investment, suggesting that Chinese courts, in spite of decades of reform, are not yet viewed as …
Ns’ Role In Defining The Vision Of A New Society, Tan K. B. Eugene
Ns’ Role In Defining The Vision Of A New Society, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Yesterday marked the 50th anniversary of the introduction of National Service (NS), a cornerstone of our defence strategy and a hallmark of the Singaporean way of life. In a short span of 50 years, NS has come a long way and continues to mould generations of Singaporean men.
Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan
Drones, Ai And Getting Undergrads Ready For Great Disruption, Tan K. B. Eugene, Thomas Menkhoff, Siew Ning Kan
Research Collection Yong Pung How School Of Law
In a joint commentary, SMU Academic Director (MSc in Innovation) and Professor of Organisational Behaviour and Human Resources (Education) Thomas Menkhoff; SMU Associate Professor of Law Eugene Tan; and SMU LKCSB Adjunct Faculty Kan Siew Ning, highlighted that the University recently launched an inter-disciplinary course on emerging technology, focusing on unmanned aerial vehicles (UAV or drones), robotics, and artificial intelligence (AI). One key learning outcome is to enable students to appreciate, in a multi-disciplinary setting, the huge business potential of emerging technology in diverse areas - such as logistics, supply chain management, transportation, search and rescue, military, and scientific studies. …
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
More Public Education Needed On Changes To Ep System, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The office of Singapore’s Elected President is often misunderstood. Although it has been part of our system of institutional checks and balances since 1991, a popular misconception is that the President is a centre of political power unto itself.
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The international investment law regime is undergoing a process of reform. The guiding paradigm of this reform is the principle of sustainable development. The EU, through its exclusive competence over foreign direct investment, has become a significant actor on the stage of international investment law governance. According to recent statements of the EU institutions, the EU seeks to shape its policy to be consistent with the principle of sustainable development. In more concrete terms this means that EU investment law making shall be consistent with core labour standards, environmental protection and the conservation of natural resources as well as with …
Curial Deference In Singapore Public Law: Autochthonous Evolution To Buttress Good Governance And The Rule Of Law, Tan K. B. Eugene
Curial Deference In Singapore Public Law: Autochthonous Evolution To Buttress Good Governance And The Rule Of Law, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Central to the separation of powers and the rule of law, judicial review empowers the courts to examine the exercise of discretionary power. While there is no general doctrine of deference, judical review in Singapore emphasises the green-light approach in facilitating good governance, and is sensitive to the political, socio-cultural and economic context. However, the jurisprudence also indicates a nuanced and robust approach to better regulate the decision-makers' latitude. A categorical approach towards justiciability is eschewed, and judicial scrutiny adopts varying intensities of review, taking into account the rights of the individual vis-a-vis the fair and just protection of governmental …
The Potential Collapse Of The Tpp: Implications For Asean, Henry S. Gao
The Potential Collapse Of The Tpp: Implications For Asean, Henry S. Gao
Research Collection Yong Pung How School Of Law
Asia has the most to lose in the event of a collapse of the Trans-Pacific Partnership (TPP) given the importance of trade to growth performance for the region’s economies, and that a third of the TPP members are also part of the Association of Southeast Asian Nations (ASEAN).
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
2016 – A Tumultuous Year Of The Revolt Against The Elites, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan noted that 2016 will probably be remembered as the year of the populist revolt against the elites, against the backdrop of bewildering disruptions and an abiding sense of displacement and control accentuated by technological advancements. He highlighted that the critical challenge is to bring trust back into the core of the relationship between those in power and the masses, adding that governments need to purposively deal with people's resentments, fury and fears.
It Is Only In Giving That We Receive, Tan K. B. Eugene
It Is Only In Giving That We Receive, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Giving is quintessential to our common humanity and progress: It recognises that no man is an island and that there are causes greater than ourselves.
The Tpp: Threat Or Treat To China, Henry S. Gao
The Tpp: Threat Or Treat To China, Henry S. Gao
Research Collection Yong Pung How School Of Law
The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.
The Tpp: Threat Or Treat To China, Henry S. Gao
The Tpp: Threat Or Treat To China, Henry S. Gao
Research Collection Yong Pung How School Of Law
The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.
Getting Town Councils To Raise Their Game, Tan K. B. Eugene
Getting Town Councils To Raise Their Game, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Given that about 80 per cent of Singaporeans live in public housing estates, town councils are an integral part of Singapore life. Last month, the Ministry of National Development (MND) initiated a public consultation on the proposed amendments to the Town Councils Act (TCA), which was first enacted in 1988 to empower elected Members of Parliament and unelected town councillors to run public housing estates
A Harmonized System Of International Commercial Arbitration Within The Aec And Beyond?, Locknie Hsu
A Harmonized System Of International Commercial Arbitration Within The Aec And Beyond?, Locknie Hsu
Research Collection Yong Pung How School Of Law
No abstract provided.
Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh
Navigating The Maze: Making Sense Of Equitable Compensation And Account Of Profits For Breach Of Fiduciary Duty, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
This article examines the main monetary remedies for breach of fiduciary duty under Singapore law: equitable compensation and account of profits. Both areas of law are in need of clarification, though for different reasons. The law on the account of profits appears stable and uncontroversial. There has not been an opportunity for the courts to consider more fully the proper limitations on the scope of account. However, the authorities that are on point suggest that the duty to account for profits follows almost as a matter of course from breach. In particular, causation between profits and breach is seemingly irrelevant …
Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene
Multi-Stakeholder Approach Needed To Tackle Cyberthreats, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Being a hyper-connected society, our national security is also increasingly being redefined by threats in the cyberspace. Cyberattacks have evolved from a nontraditional security threat to a new domain of intense conflict, involving deception and sabotage.