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Articles 751 - 780 of 940
Full-Text Articles in International and Area Studies
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Singapore Apex Court Lays Down Clear Framework For Arbitrability Of Insolvency-Related Claims, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
New Cabinet Will Have Its Work Cut Out, Tan K. B. Eugene
New Cabinet Will Have Its Work Cut Out, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene Tan, asst professor of law at SMU writes a commentary about how the PAP Government will have to renew trust with the people.
Key Issues That Have Not Been Addressed, Tan K. B. Eugene
Key Issues That Have Not Been Addressed, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.
A New, Post-Lee Kuan Yew Era, Tan K. B. Eugene
A New, Post-Lee Kuan Yew Era, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Eugene Tan, asst prof of law at SMU writes a commentary on Minister mentor Lee Kuan Yew's departure and how it reinforces the belief that the Singapore systems is based on institutions, not personalities.
Post Election, Let The Healing Begin, Tan K. B. Eugene
Post Election, Let The Healing Begin, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant professor of law Eugene Tan notes in his commentary that a more complex global environment, a rapidly changing Singapore and the challenges it faces will require political parties and Singaporeans alike to mature politically so that Singapore's politics will not limit its potential as a nation.
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.
Shaping Up For A Landmark Election, Tan K. B. Eugene
Shaping Up For A Landmark Election, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Asst Prof Eugene Tan talks about significant developments he hopes to see in the upcoming General Elections.
Elephants In The Room: Challenges Of Integrating China Into The Wto System, Henry S. Gao
Elephants In The Room: Challenges Of Integrating China Into The Wto System, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since China’s accession to the WTO in late 2001, one of the most intriguing questions for trade analysts has been whether the “new kid on the block” would seek to disrupt the status quo in the WTO upon its entry. This paper answers the question by reviewing China’s participation in two key activities of the WTO, i.e., trade negotiations and dispute settlement, as well as another important component of global trade governance: regional trade agreements (RTAs). Drawing from an in-depth study of China’s record in these activities, the author argues that, overall, China has transformed from a passive “taker” of …
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments’ measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA’s early harvest program. Finally, the article discusses the ECFA’s consistency with WTO requirements for …
India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam
India And Pakistan: A Tale Of Judicial Appointments, Shubhankar Dam
Research Collection Yong Pung How School Of Law
Recent judicial appointments in India and Pakistan have led to battles between their respective judicial and executive branches. In a moment of remarkable constitutional coincidence, two appointments were set aside in India and Pakistan last week. First, India's Supreme Court invalidated the appointment of P. J. Thomas to the Central Vigilance Commission (CVC). Days later, Pakistan's Supreme Court invalidated Deedar Shah's appointment to the National Accountability Bureau (NAB).
Changes May Mean Slaying Sacred Cows, Tan K. B. Eugene
Changes May Mean Slaying Sacred Cows, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Changing may means slaying sacred crows
Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen
Liberalization Of Taiwan’S Securities Markets: The Case Of Cross-Taiwan-Strait Listings, Wen-Yeu Wang, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
The purpose of this paper is to examine the liberalization of Taiwan’s capital market regarding cross-Taiwan-Strait listing of securities. Taiwan is in an advantageous position to compete with other Asian rivals to attract issuers and capital from China. However, the long political hostility ensures that there is little regulatory cooperation on both sides of the Taiwan Strait. Assuming that the creation of a cross-strait capital market is an unstoppable trend, this paper examines from the perspective of regulatory competition several regimes that may facilitate Taiwan to overcome regulatory obstacles arising from the special Sino-Taiwan relationship. This paper argues that regulatory …
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
No abstract provided.
Contractual Interpretation In Singapore After Zurich Insurance: Continued Refinement, Yihan Goh
Contractual Interpretation In Singapore After Zurich Insurance: Continued Refinement, Yihan Goh
Research Collection Yong Pung How School Of Law
Ever since Lord Hoffmann’s authoritative restatement of the principles relating to the interpretation of contracts in Investors Compensation Scheme v West Bromwich Building Society, various common law courts and academics have weighed in with their views on two main issues: whether the contextual approach articulated in Investors in fact represents a step forward from the traditional literal approach; and, accepting the operation of the contextual approach, whether there remains room for the exclusion of certain extrinsic evidence in interpreting contracts. But the foremost consideration underpinning these issues is that of the perceived uncertainty which the contextual approach brings. The Singapore …
Responsibility Of Schools In Dispensing Equal Justice: A Singapore Case Study, Rathna Nathan
Responsibility Of Schools In Dispensing Equal Justice: A Singapore Case Study, Rathna Nathan
Research Collection Yong Pung How School Of Law
The gap between the needs of indigents and the state subsidised legal services or pro bono legal services exist in all societies. Traditionally, the state and the legal fraternity have assumed responsibility to bridge this gap. Law schools have traditionally and culturally confined themselves to the academic instruction of the law. This paper considers whether law schools have an equal responsibility to plug this gap. Four main issues are considered. First, law schools have a professional responsibility to instill legal professionalism in law students, which includes educating students in a pro bono culture. Second, these responsibilities can be effectively discharged …
The Shareholder’S Personal Claim: Allowing Recovery For Reflective Loss, Pearlie Koh
The Shareholder’S Personal Claim: Allowing Recovery For Reflective Loss, Pearlie Koh
Research Collection Yong Pung How School Of Law
An absolute application of the no reflective loss principle can result in unfairness. As such, retaining judicial discretion in the area will do much to ensure that genuine causes are not denied remedy. However, even as our courts appear prepared to allow a shareholder to recover for reflective loss, it is important that corporate autonomy is accorded due respect, and not be obscured by an overconsideration of policy concerns. To ensure this, the courts should allow recovery only if the right asserted by the shareholder is one that is separate and independent of the company’s right.
An Impregnable Fortress? Possible Attacks On The Singapore Trust?, Hang Wu Tang
An Impregnable Fortress? Possible Attacks On The Singapore Trust?, Hang Wu Tang
Research Collection Yong Pung How School Of Law
In the past ten years, Singapore has emerged as one of the most important wealth management centres in Asia.1 This development can be attributed to a number of factors. First, favourable laws were enacted to encourage high net worth individuals to ‘park’ their money in Singapore. These include changes to laws governing trust companies, confidentiality, taxation rules with regard to foreign earned income, abolition of estate duty and amendments to the Trustees Act.2 Secondly, both the private and public sectors embarked on an aggressive marketing campaign to promote Singapore as a wealth management centre.3 Thirdly, Singapore has one of the …
The Unresolved Legality Of Online Gambling In Singapore, Siyuan Chen
The Unresolved Legality Of Online Gambling In Singapore, Siyuan Chen
Research Collection Yong Pung How School Of Law
This article addresses what appears to be a hitherto (legislatively and judicially) unresolved issue in a country where gambling is an established sub-culture – the legality of online gambling. The existing legislation does not provide direct answers, and as a result, the courts have not been given the opportunity to answer the question directly either. The police have previously made a few statements to the press and the media, but what should we make of them? While placing bets with unauthorised bookies (including those who operate their own website or use others’ websites) is clearly outlawed, leaving the offender with …
The Road To The Istana, Tan K. B. Eugene
The Road To The Istana, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant professor Eugene Tan highlights the vital importance of Singaporeans being given more time to know candidates who are aspiring to be the nation's next head of state.
Religion In The Abortion Discourse In Singapore: A Case Study Of The Relevance Of Religious Arguments In Law-Making In Multi-Religious Democracies, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The article discusses the social issue on religion in the abortion discourse in Singapore. It mentions the relevance of religious arguments in law-making in multi-religious democracies. It notes that laws on abortion vary across different jurisdictions, like prohibiting abortion under all circumstances to freely allowing it without restriction as to reason.
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Two Contrasting Approaches In The Interpretation Of Outdated Statutory Provisions, Yihan Goh
Research Collection Yong Pung How School Of Law
Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognizable. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions. The first approach is seen in the Singapore High Court case of WX v.WW. That case concerned the interpretation of section 114 of the Evidence Act, a decidedly ancient statutory provision. The second approach was adopted by the Singapore Court of Appeal in AAG v. Estate of AAH, deceased. In that case, the Court of Appeal had to interpret …
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law firms to collaborate with …
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
A 30-Per-Cent Deviation Is Too Wide, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Following Prime Minister Lee's recent announcement that the Electoral Boundaries Review Committee (EBRC) had been convened, SMU Assistant Professor Eugene Tan opined that the 30-per-cent deviation rule, of which the EBRC operates on, is too wide and ?overly-generous? in small and compact Singapore. Professor Tan also commented that the committee's redrawing of electoral boundaries should avoid being seen as gerrymandering.
E C Investment Holding Pte Ltd V Ridout Residence Pte Ltd And Another (Orion Oil Limited And Another, Interveners), Yihan Goh
Research Collection Yong Pung How School Of Law
The High Court decision of E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd and another (Orion Oil Limited and another, Interveners) [2010] SGHC 270 (“E C Investment”) raises several contractual issues, chief amongst which – and the focus of this note – concern duress. This note discusses three points of the judgment relating to duress: (a) the reaffirmation of economic duress as a vitiating factor; (b) the status of lawful threats; and (c) the burden of proof in economic duress cases.
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Iftikhar Chaudhry’S Options: Can The Courts Remake Pakistani Democracy?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Constitutional Fiats: Presidential Legislation In India's Parliamentary Democracy, Shubhankar Dam
Research Collection Yong Pung How School Of Law
The article presents information on the presidential legislation of the parliamentary democracies, India and Pakistan. It discusses the role of the President acting as the Council of Ministers for the enactment of legislations as ordinances without the consent of the Parliament. Information on the legal interpretation of the ordinances and its interaction with the principles of the parliamentary system of the government is also presented.
Sun Yat Sen, A S’Pore Icon? Hardly, Tan K. B. Eugene
Sun Yat Sen, A S’Pore Icon? Hardly, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor of Law Eugene Tan discusses if we are unwittingly overemphasising the role of the ethnic Chinese in Singapore's path to nationhood.
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
Research Collection Yong Pung How School Of Law
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Discharge Of A Contract Where Both Parties Are In Breach: Alliance Concrete Singapore Pte Ltd V Comfort Resources Pte Ltd, Chee Ho Tham
Research Collection Yong Pung How School Of Law
This case note examines the most recent attempt by the Court of Appeal to provide further guidance on: (a) how the doctrine of discharge of contract by breach operates when both parties are in breach of their contract obligations; and (b) when a promisee is entitled to rely on an alternate basis to justify its election to discharge a contract for the promisor’s breach when the basis originally relied upon and communicated to the promisor is ultimately found to be legally insufficient.
Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,
Report Of The Law Reform Committee On Online Gaming And Singapore, Joyce A. Tan, Aqbal Singh, Yee Fen Lim, Wai Yee Wan, Warren B. Chik,
Research Collection Yong Pung How School Of Law
The terms “gaming” and “gambling” are fairly wide and they refer to a wide range of activities. Traditionally, the term “gambling” has been used to cover lotteries, wagers and casino-style games. “Gaming” has also been used traditionally in some literature to cover not only activities involving gambling but also games of skill or games predominantly of skill. However, in recent times, certain jurisdictions such as the United States (“US”) and Australia have drawn a distinction between “online gaming” and “online gambling”. The former is used to refer to games played in an online environment which do not have the elements …