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Articles 481 - 510 of 940
Full-Text Articles in International and Area Studies
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Research Collection Yong Pung How School Of Law
Trade policy is formulated through a rather complex decision-making process that involves two-way interactions between actors in public and private sectors. Such interactions are of particular importance in resolving trade controversies in the information and communication technology (ICT) sector. Focusing on the conflicts between the EU and its trading partners in the Greater China Area regarding certain innovation policies in this high-tech industry, this Article underscores how catch-up strategies adopted by latecomer economies in East Asia may implicate the world trade order in recent years. Loosely built upon the insights of public-private network theory, this Article identifies key variables—economic, legal, …
Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng
Exploring A New Frontier In Singapore's Private International Law: Im Skaugen Se V Man Diesel & Turbo Se [2016] Sghcr 6, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
The establishment of the Singapore International Commercial Court (“SICC”) marks a significant development in Singapore’s private international law. This note leverages on the Singapore High Court decision of IM Skaugen SE v MAN Diesel & Turbo SE [2016] SGHCR 6 to discuss two key issues raised by the SICC: the relationship between the Singapore High Court’s and the SICC’s jurisdictional rules, and the applicable test for the exercise of the SICC’s jurisdiction. This note argues that the possibility of a transfer to the SICC should influence the High Court’s exercise of its international jurisdiction, and that the SICC should not …
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Between Judicial Oligarchy And Parliamentary Supremacy: Understanding The Court's Dilemma In Constitutional Judicial Review, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article considers the dilemma that constitutional judicial review presents to the most well-meaning of judges — that of navigating the narrow and difficult road between parliamentary supremacy and judicial oligarchy. It examines the Singapore Court of Appeal’s delineation of legal and extra-legal considerations in view of Ronald Dworkin’s theory of adjudication in determining the constitutionality of section 377A of the Penal Code in Lim Meng Suang v. Attorney General. It proposes an alternative natural law approach to constitutional judicial review based on Radbruch’s formula, which helps courts to avoid the pitfalls of judicial idiosyncrasies and usurpation of legislative mandate …
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Reserved Election: Boost For Multiracialism?, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singapore is on the threshold of the most significant re-engineering to its constitutional architecture since the introduction of the Elected Presidency (EP) in 1991.
What Singapore, Singaporeans And The Sports Fraternity Can Learn From Schooling’S Olympic Heroics, Tan K. B. Eugene
What Singapore, Singaporeans And The Sports Fraternity Can Learn From Schooling’S Olympic Heroics, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
For a young country starved of Olympic Games success, Joseph Schooling’s superlative achievement in winning an individual gold medal in the 100m Butterfly event at the Rio Olympics deserves due recognition, including Monday’s unprecedented parliamentary motion formally recognising his achievements.
Product Intervention For Retail Structured Investment Products: A Comparison Of Rules In Singapore, Hong Kong And Taiwan, Christopher C. H. Chen
Product Intervention For Retail Structured Investment Products: A Comparison Of Rules In Singapore, Hong Kong And Taiwan, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article compares new product intervention rules in Singapore, Hong Kong and Taiwan for complex structured investment products. Singapore’s approach is to improve firms’ internal safeguard, while Hong Kong’s approach is to require prior authorisation for new unlisted structured investment products by the securities regulator. Taiwan’s approach is to have a self regulatory body reviewing a product beforehand. This article argues that it is difficult to review the merit of a financial product in advance and thus it is difficult to have a true gatekeeper for toxic financial products. Before product intervention, we must first identify clear objectives. Regulators have …
Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore, Christopher C. H. Chen
Hedging The Aging Society: Challenges To The Insurance Market And Law In Singapore, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
The greying of society has become a significant problem in Singapore and many parts of Asia, putting great financial pressure on various aspects of the economy, including the insurance and pension markets. In this article, we generally examine certain key aspect of legal infrastructure in Singapore to see if insurance law and financial regulations in Singapore is well equipped to cope with potential problems from an aging society in the near future. In addition to conventional insurance products, we also explore other ways to hedge the so-called ‘longevity risk’ by alternative risk management products in both the wholesale and retail …
The Audacity Of Schooling’S Faith, Tan K. B. Eugene
The Audacity Of Schooling’S Faith, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
For a young country starved of sporting success on the world stage, Singapore has lionised and feted its Rio Oympics hero, Joseph Schooling, since his sensational victory in the 100m butterfly event — and rightfully so.
Moving From Tension To Symbiosis In A Distinctive City, Tan K. B. Eugene
Moving From Tension To Symbiosis In A Distinctive City, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan noted that meticulous urban planning has enabled Singapore to attain a high quality of living, delicately balancing the inherent tension between the economy and the environment. He shared his views on relevant issues such as the conflicting interests between Singapore’s immigration policy and its national identity, as well as the inherent tension between the economy and the environment. Associate Prof Tan pointed out that the quest to balance economic growth with environment concerns and social character is not a mere luxury but a growing imperative. He added that as Singapore …
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The plaintiff in Tan Bee Hock v F G Builders Pte Ltd was riding a motorbike when he skidded on a metal plate placed by the defendantat the entrance to a condominium. The plaintiff sued for his injuries in negligence, nuisance, and breach of statutory duty. On the facts, Kannan Ramesh JC (as his Honour then was) found that there was nothing unsafe about the metal plate and dismissed the claims in nuisance and negligence. Having found that the defendants had not done anything unsafe, Ramesh JC also dismissed the breach of statutory duty action, and in doing so, observed …
Corporate Reorganization Reform In China: Findings From An Empirical Study In Zhejiang, Zinian Zhang, Roman Tomasic
Corporate Reorganization Reform In China: Findings From An Empirical Study In Zhejiang, Zinian Zhang, Roman Tomasic
Research Collection Yong Pung How School Of Law
In 2006, China enacted its first rescue-oriented Enterprise Bankruptcy Law with the aim of establishing its corporate rescue culture. But the corporate reorganization procedure that is at the heart of the new bankruptcy law has not been used frequently. It is appropriate to ask why the use of China's new corporate rescue law has been so low. Meanwhile, in the existing corporate reorganizations under the 2006 Law, most debtors were excluded from the reorganization process, so that the Chinese new debtor-in-possession model, which seems to be a desirable control format, was largely shelved. Why so? This article explores these two …
Tort Law [2015], Kumaralingam Amirthalingam, Gary Kok Yew Chan
Tort Law [2015], Kumaralingam Amirthalingam, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee
Singapore's Elected President: An Office That Is Still Evolving, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Constitutional changes effected to Singapore's Constitution in 1991 transformed the office of President from a purely ceremonial one chosen by the Parliament, to one directly elected by the people exercising certain discretionary powers. Among other things, the President may now veto attempts by the Government to deplete the nation's past financial reserves, and to effect unsuitable appointments to or dismissals of key public officers. Now, the Government is proposing to tweak the system further.
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.
Restitution [2015], Man Yip
Restitution [2015], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Equity And Trusts [2015], Hang Wu Tang
Equity And Trusts [2015], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution [2015], Man Yip
Restitution [2015], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Equity And Trusts [2015], Hang Wu Tang
Equity And Trusts [2015], Hang Wu Tang
Research Collection Yong Pung How School Of Law
No abstract provided.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Brexit Giving Shared Sovereignty A Bad Name, Tan K. B. Eugene
Brexit Giving Shared Sovereignty A Bad Name, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan shared his thoughts on Britain's vote to leave the European Union (EU). He noted that if the UK’s exit, or Brexit, is poorly managed, it may presage the slow decline and growing irrelevance of the EU in the global political economy. He opined that the tragedy of Brexit is the profound misunderstanding of sovereignty, adding the concern now is the risk of populist exit contagion gaining traction in other EU member states, all in the name of sovereignty and democratic choice. Associate Prof Tan also said the entire episode holds …
Singapore: From Planned Chaos To A Distinctive City, Tan K. B. Eugene
Singapore: From Planned Chaos To A Distinctive City, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In a commentary, SMU Associate Professor of Law Eugene Tan highlighted that Singapore is a living laboratory by which its development and urban planning experience and expertise can be studied and harnessed by other cities in the urbanisation and human development journey. He noted that while Singapore's urban planning experience may not be directly relevant to other cities, its experience suggests that political will with public support, innovation, and boldness can make a vital difference in urban planning outcomes. He added that all these require thoughtful decisions on resource allocation and policy choices that deeply engage all stakeholders.
The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo
The Application Of The Morton Principles In Canada Steamship Lines Ltd V The King In Singapore Reconsidered, Wee Ling Loo
Research Collection Yong Pung How School Of Law
For the interpretation of clauses that purportto allow a contracting party, the proferens, to exclude or limit, or beindemnified against, liability that arises by reason of his or his agents’negligence, certain principles were laid down by the Privy Council in 1952 inCanada Steamship Lines Ltd v The King. Famously known as the ‘Mortonprinciples’ (named after Lord Morton who delivered the judgment of the PrivyCouncil) or the ‘Canada SS rules’ or guidelines, they prescribe a three-steptest to determine if these clauses effectively provide the protection sought bythe proferens. In Singapore, the Court of Appeal in Marina Centre Holdings PteLtd v Pars …
Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2015], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Legitimacy Of Taiwan’S Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy. By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit. As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced legitimacy concerns. Taiwan’s ambiguous …
The Challenges Of China's Recent Fta: An Anatomy Of The China-Korea Fta, Heng Wang
The Challenges Of China's Recent Fta: An Anatomy Of The China-Korea Fta, Heng Wang
Research Collection Yong Pung How School Of Law
As the biggest Chinese free trade agreement (FTA) to the date of its signature, the China-Korea FTA provides an amazing case study for the development of China’s recent FTAs.This paper analyzes major challenges in its rule development, implementation, and interpretation. The author argues, first, that rule development encounters market liberalization, regulatory cooperation and coherence, as well as sectoral challenges. Second, the fundamental issue for rule implementation and interpretation is the lack of a ‘systemic’ response to the relationship among FTA chapters, and to the relationship among the China-Korea FTA, domestic law, and international law. Finally, the relationship between the China-Korea …
Singlish – A Uniquely Singaporean Threat, Tan K. B. Eugene
Singlish – A Uniquely Singaporean Threat, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
In 2013 and 2014, I taught two graduate-level summer seminars at South Korea’s Yonsei University Law School. Although English was not their first language, my Korean students participated in class discussions, made oral presentations and sat for an examination — all in English, albeit without the same fluency of my Singaporean students.
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Closed Vote Not The Only Way To Ensure Minority Ep, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
How to ensure that minorities can be periodically elected, if we have not had a minority President for some time, is probably the most controversial term of reference for the high-powered Constitutional Commission chaired by Chief Justice Sundaresh Menon.
The Limits Of Liberty: The Crime Of Male Same-Sex Conduct And The Rights To Life And Personal Liberty In Singapore: Lim Meng Suang V Attorney-General [2015] 1 Slr 26, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
In Lim Meng Suang v Attorney-General (2014), the Singapore Court of Appeal held that s 377A of the Penal Code, which criminalises acts of “gross indecency” between men whether occurring in public or private, does not infringe either the rights to equality and equal protection guaranteed by Art 12(1), or the rights to life and personal liberty guaranteed by Art 9(1) of the Constitution. This article examines the analyses of the latter provision by the Court of Appeal in Lim Meng Suang, and by the High Court in Tan Eng Hong v Attorney-General (2013) which was one of the two …