Open Access. Powered by Scholars. Published by Universities.®
International and Area Studies Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Asian Studies (934)
- Law (865)
- International Trade Law (94)
- Dispute Resolution and Arbitration (92)
- Commercial Law (69)
-
- Law and Society (64)
- Courts (53)
- Contracts (43)
- International Law (43)
- Public Law and Legal Theory (41)
- Business Organizations Law (40)
- Public Affairs, Public Policy and Public Administration (39)
- Constitutional Law (37)
- Comparative and Foreign Law (36)
- Business (34)
- Election Law (30)
- Political Science (30)
- Banking and Finance Law (29)
- Criminal Law (28)
- Medicine and Health Sciences (28)
- Law and Politics (24)
- Public Health (24)
- Sociology (24)
- Property Law and Real Estate (21)
- Family Law (20)
- Law and Economics (20)
- Economics (19)
- Environmental Law (19)
- Keyword
-
- Singapore (208)
- China (67)
- COVID-19 (23)
- WTO (23)
- Mediation (19)
-
- ASEAN (17)
- Asia (17)
- Courts (15)
- Pandemic (15)
- Public health (15)
- Constitutional law (13)
- Tax Law (13)
- Covid-19 (12)
- Corporate governance (11)
- Taxation (11)
- Dispute resolution (10)
- Hong Kong (10)
- Law cases (10)
- Trade (10)
- Investment (9)
- Private international law (9)
- RCEP (9)
- Torts (9)
- Administrative law (8)
- Jurisdiction (8)
- Law (8)
- Pandemics (8)
- Taiwan (8)
- Arbitration (7)
- Conflict of laws (7)
- Publication Year
Articles 811 - 840 of 940
Full-Text Articles in International and Area Studies
Our Shared Stake, Tan K. B. Eugene
Our Shared Stake, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
It's the time of the active citizen. Recent spurts of collective campaigning have mobilised surprising ground support. Eugene Tan analyses the coming age of civil society here through the passionate and visible advocacy of certain groups in recent events.
Case Comment: Robertson Quay Investment Pte Ltd V Steen Consultants Pte Ltd, Yihan Goh
Case Comment: Robertson Quay Investment Pte Ltd V Steen Consultants Pte Ltd, Yihan Goh
Research Collection Yong Pung How School Of Law
In recent times, the venerable principles relating to remoteness of damage in contract have undergone a period of sustained re-evaluation. Key amongst this exercise is the House of Lords’ decision in Transfield Shipping Inc v Mercator Shipping Inc—referred to as ‘The Achilleas’, which represents a fundamental shift in the understanding of remoteness principles. Caught in the winds of The Achilleas is the considered judgment of the Singapore Court of Appeal in Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd.In direct contrast with some of the speeches in The Achilleas, the judgment delivered by Andrew Phang JA in Robertson …
Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan
Schisms In Humanitarianism: The Khmer Rouge Tribunal's First Hearing, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Mass atrocity invokes humanitarian impulses in all of us. But when a genocidaire casts himself as a victim, the right response is less straightforward. This article analyzes a recent hearing of one of Cambodia's most feared Khmer Rouge cadres who stands trial before a newly established hybrid tribunal and suggests the consequences of responding to war crime trials with polemics rather than principle.
Aware “Must Stay Secular”, Tan K. B. Eugene
Aware “Must Stay Secular”, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Singapore would be all the poorer if secular organisations become fair game for advocacy and activism that are motivated primarily by faith-based beliefs and convictions, says assistant professor of law Eugene Tan.
Compromising On Consideration In Singapore: Gay Choon Ing V Loh Sze Ti Terence Peter, Yihan Goh
Compromising On Consideration In Singapore: Gay Choon Ing V Loh Sze Ti Terence Peter, Yihan Goh
Research Collection Yong Pung How School Of Law
It is not often that a judgment contains a reference to Aristotle’s work or a coda at its conclusion. The recent Singapore Court of Appeal judgment of Gay Choon Ing v Loh Sze Ti Terence Peter (delivered by Andrew Phang JA) contained both, the latter of which an extensive judicial exposition on the difficulties (and tentative solutions) relating to the contractual doctrine of consideration. This re-evaluation of consideration at the slightest opportunity is unsurprising, given the conceptual problems that have afflicted the doctrine.There have been various judicial solutions, generally capable of classification into two distinct types: first, through an internal …
The Efficiency Of Friendliness: Japanese Corporate Governance Succeeds Again Without Hostile Takeovers, Dan W. Puchniak
The Efficiency Of Friendliness: Japanese Corporate Governance Succeeds Again Without Hostile Takeovers, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
It is widely assumed that hostile takeovers are a prerequisite for an efficient system of corporate governance. This assumption is false. Since the new millennium, Japan has transformed itself from being on the brink of one of the largest economic meltdowns in modern economic history to currently being in the midst of its longest period of postwar economic expansion (2002-2007). This astounding recovery was achieved without a single successful hostile takeover of a major Japanese company. True to its postwar tradition, corporate Japan has successfully restructured through government intervention, bank-driven reallocation of capital, and orchestrated and friendly mergers — the …
Make The Implicit Explicit: Affirming Right To Vote In The Constitution Would Pre-Empt The Possibility Of Abuse By Future Govts, Jack Tsen-Ta Lee
Make The Implicit Explicit: Affirming Right To Vote In The Constitution Would Pre-Empt The Possibility Of Abuse By Future Govts, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
There are sound reasons to set out explicitly and entrench in the Singapore Constitution the right to vote and key elements of the way elections are held. While a future government might not remove them entirely, it might derogate from them to the extent that they become unrecognizable.
Law School And The Making Of The Student Into A Lawyer: Transformation Of First Year Law Students In The National University Of Singapore, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This paper examines the impact of legal education and law school on the student's moral development and conception of professional identity, through an empirical study of first year law students of the Class of 2010 at the National University of Singapore. The project aims to increase consciousness of how law school remakes students and develops the moral and professional identity of future lawyers, and to facilitate a dialogue that reshapes legal education to achieve its aims. Given that legal education in Singapore is similar to that in other law schools in common law jurisdictions, the analysis is, with allowances for …
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
Research Collection Yong Pung How School Of Law
It has been claimed - though not proved - that victims will be benefited by participation in international criminal tribunals. This article interrogates this claim in the context of victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred to as the Khmer Rouge Tribunal. Based on interviews with Cambodian victims and Tribunal affiliates, it examines why and how the Tribunal permits victims to intervene as les parties civile, pulling together the normative and legal basis for this mode of victim participation. This article does not purport to generalize with confidence about Cambodian victims in general, …
The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh
The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The question of Taiwan’s status has faced legal challenges from the one- China policy under both domestic law and international law. The article argues that the state status of the Republic of China (ROC) on Taiwan has never ceased to exist as a result of either the loss of diplomatic recognition or the United Nations Resolution 2758, which transferred the UN seat from the ROC to the People’s Republic of China (PRC). In the past decades, the ROC and the PRC possess separate statehoods and have co-existed under the “de jure roof of China.” The evolvement of state practice of …
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Research Collection Yong Pung How School Of Law
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh
A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
In 1993, the Singapore Parliament enacted legislative provisions adapted from Australian legislation directing, inter alia, that the courts apply the purposive approach in statutory interpretation. Those provisions also allowed for the extended use of extrinsic materials in the interpretative process. Fifteen years on, there is now a considerable body of Singapore case law to which a meaningful analysis may be undertaken. Indeed, from an initially cautious application of the enacted legislation, the courts began to read the enactments expansively, eventually providing for a statutory interpretation regime that is largely free of the confines of old. Nonetheless, the Singapore position does …
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Time For Singapore To Relook Abortion Law, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
On 13 January, the Pakistan Bar Council (PBC) voted to end the continuous boycott of judges who swore oath's under the country's Provisional Constitution Order and to instead substitute "a complete boycott of the superior judiciary every Thursday and a one-hour token strike on a daily basis." Predictably, the decision created a furor: for many, it was a sell-out. Both the Lawyers National Action Committee (LNAC) and the Supreme Court Bar Association (SCBA) quickly denounced the decision as "contradictory" and "against the spirit of the lawyers' sacrifices." The provincial bar councils, the high court bar associations and the district bar …
Resisting The Socialist Fetish, Shubhankar Dam
Resisting The Socialist Fetish, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan
Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
After more than a hundred years, Singapore made major reforms to its bankruptcy laws in 1995. These changes attracted considerable public interest, with the Government taking pains to emphasise that the new law was designed to strike a balance between the interest of the debtor, the creditor and society. The greatest scrutiny of the provisions, to determine whether in law and in practice the competing interests of debtors and creditors could effectively be balanced, was in respect of the discharge provisions. In this article, the writer, who was then the Official Assignee, discusses how the novel remedy of discharge by …
Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan
Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This article examines the scope and efficacy of the civil remedies available to investors against listed companies which have made false or misleading statements in the secondary securities market in Singapore, both at common law and the statutory compensation scheme under the Securities and Futures Act. It argues that there are a number of limitations faced by such investors in bringing claims founded in tort law against the listed companies. While the statutory compensation scheme attempts to improve the position of investors, there are a number of deficiencies in the scheme the most significant of which is the ceiling on …
The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan
The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The Charter of the Association of Southeast Asian Nations (ASEAN) has been hailed as a legal instrument that would integrate the ten constituent members as a community and a regional organization. Ostensibly, the Charter has three strategic thrusts in support of the vision of the ASEAN Community. The first is to formalize ASEAN as an institution while streamlining its decision-making processes. Secondly, the Charter seeks to strengthen ASEAN institutions. Thirdly, it seeks to establish mechanisms to monitor compliance and settle disputes. The article considers the extent to which the Charter will help ASEAN achieve its aims. This is especially pertinent …
A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan
A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
As a patriarchal society, government policies, societal norms and government regulations in Singapore mirror that normative ideal. Citizenship status and rights along gender lines, manifested in the legal recognition of children of international marriages, reflected this reality for much of Singapore's independence. However, the onslaught of globalization, the rise in international marriages, disconcerting declining birth rates, and an acceptance of 'foreign talent' have given the economic imperative and demographic impulse to grant citizenship (by descent) to a person born outside Singapore whose father or mother is a citizen of Singapore, by birth, registration or descent. Previously, such a person would …
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
Research Collection Yong Pung How School Of Law
This is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of …
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.