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Articles 1 - 30 of 1176
Full-Text Articles in Asian Studies
Ethics Under Siege: The Conflict In Tigray Through The Lens Of Just War Theory, Daniela Widya Purba
Ethics Under Siege: The Conflict In Tigray Through The Lens Of Just War Theory, Daniela Widya Purba
Journal of Strategic and Global Studies
This research article explains the ethical principles of the conflict in Tigray based on the Just War Theory. By using the descriptive qualitative methodology, this research article draws data from secondary sources which includes; academic journals, news reports, as well as international legal instruments to analyze the moral trajectory of the conflict. This research begins with jus ad bellum, to assess Ethiopia’s government justification in declaring conflict within Tigray. While the government fulfilled the criteria of just cause and legitimate authority, the question stands on the ambiguous political intentions and the failure to enact peaceful alternatives before resulting in waging …
Patent Regime Shift And Firm Innovation Strategy: Evidence From The Second Amendment To China's Patent Law, Tony W. Tong, Wenlong He, Liang Chen, Zi-Lin He, Jiangyong Lu
Patent Regime Shift And Firm Innovation Strategy: Evidence From The Second Amendment To China's Patent Law, Tony W. Tong, Wenlong He, Liang Chen, Zi-Lin He, Jiangyong Lu
Research Collection Lee Kong Chian School Of Business
Research Summary: While changes in intellectual property rights (IPR) protection significantly shape firm innovation, the mechanisms driving firms' responses remain poorly understood. Leveraging the Second Amendment to China's Patent Law, which strengthens appropriability particularly for state-owned enterprises (SOEs), as a natural experiment, we show that stronger IPR has mixed effects on SOEs' innovation. While SOEs increase the rate of innovation subsequent to the Amendment, they shift the direction of innovation toward more familiar areas in which they face a lesser need to adjust existing routines. This directional change suggests a quality decline in SOEs' innovation that may be attributed to …
Success And Flourishing In Singapore: The Impact Of Laws And Policies On The Ethos And Character Of A People, Seow Hon Tan
Success And Flourishing In Singapore: The Impact Of Laws And Policies On The Ethos And Character Of A People, Seow Hon Tan
Research Collection Yong Pung How School Of Law
According to virtue jurisprudence, good laws can be conducive to virtuous living; poor laws can contribute to character vices and entrench prejudices. This article focuses on what lies beyond the strict categorization of virtue and vice simpliciter—the ethos and mindset of a people. Using a case study of Singapore, this article examines how law, conceived of in the broadest sense as including policies chosen in a legal regime that leaves the concretization of policies to government bodies, can diminish the capacity and desire of individuals to live examined lives in pursuit of eudaimonia or flourishing. Insofar as living examined lives …
Modernising Wills For A Smart Nation, Hang Wu Tang, Edward Ti
Modernising Wills For A Smart Nation, Hang Wu Tang, Edward Ti
Research Collection Yong Pung How School Of Law
In a commentary, SMU Lee Kong Chian Professor of Law Tang Hang Wu and SMU Associate Dean (Undergraduate Curriculum and Teaching) and Associate Professor of Law Edward Ti highlighted that Singapore has digitalised almost everything around the will, but not the will itself. Prof Tang and Assoc Prof Ti noted that the current legislation insists that the will itself remains a paper ritual, which is not just an inconvenience but also risks Singapore’s competitiveness. They argued that Singapore should modernise without compromising on steps to prevent fraud and undue influence. They highlighted that the law should be modernised so that …
Reflections On Judicial Supervision Of Prosecutorial Powers, Benjamin Joshua Ong
Reflections On Judicial Supervision Of Prosecutorial Powers, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The courts occasionally claim that the limits to the power to prosecute are different from the limits to other executive powers. They say that prosecutorial decisions are subject to judicial review on a reduced set of grounds compared to other executive decisions. I have previously argued that this approach is wrong, and aim to elaborate on the argument in this blog post. The focus will be on the laws of the UK and of Singapore, but it is hoped that the reflections here will be of some use in other common-law jurisdictions as well.
International Law, The Courts, And The Political Branches Of Singapore: Painting A Complete Picture, Benjamin Joshua Ong
International Law, The Courts, And The Political Branches Of Singapore: Painting A Complete Picture, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In line with Singapore's vision of the separation of powers, the courts' duty is primarily to give effect to domestic law; the political branches take the lead in engaging with international law. A study of Singapore's interface with international law would therefore be incomplete were it to consider only the courts' role and not the political branches' model of international law as primarily a guarantor of Singapore's sovereignty and standing as a participant on the international stage. The political branches have been circumspect in engaging with international law in other areas, such as human rights, preferring a specifically Singaporean vision …
The Shareholder’S Standing To Challenge The Exercise Of Directorial Power: Tianrui (International) Holding Company V China Shanshui Cement Group Ltd, Pearlie M. C. Koh
The Shareholder’S Standing To Challenge The Exercise Of Directorial Power: Tianrui (International) Holding Company V China Shanshui Cement Group Ltd, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
An enduring problem with the proper purposes duty is the apparent right of the shareholder to enforce the same despite the duty being owed to the company. The cases on the proper purpose duty have thus far simply assumed the right of the shareholder to do so without dealing with the question of standing. In Tianrui (International) Holding Company Ltd v China Shanshui Cement Group Ltd, the Privy Council dealt with this issue directly and affirmed the shareholder's right to bring the action on the basis of the statutory contract constituted by the memorandum and articles of association of the …
Preparing For “Disease X”: Lessons From Tax And Non-Tax Policy Responses To The Covid-19 Pandemic In Singapore And Australia, Vincent Ooi
Research Collection Yong Pung How School Of Law
During the Covid-19 pandemic, a lack of pre-pandemic planning resulted in sub-optimal policy outcomes. Crucial lessons can be drawn from the experience of Singapore and Australia in the pandemic in implementing various tax and non-tax economic measures; lessons that can help in preparing for the next pandemic (“Disease X”). This article analyses and critically evaluates three main categories of economic measures: direct payments, tax measures and non-tax “other” measures. It finds that direct payment measures such as jobs support had a very significant impact on preserving jobs and supporting the economy. However, eligibility conditions have to be carefully designed for …
Constitutional Obiter Dicta On Male-Male Sex And Fundamental Rights In Singapore, Benjamin Joshua Ong
Constitutional Obiter Dicta On Male-Male Sex And Fundamental Rights In Singapore, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal held a law prohibiting male–male sexual intercourse (s 377A of the Penal Code) unenforceable on non-rights-based grounds. The court's remarks about the rights to life and liberty (including whether sexual orientation is mutable), freedom of expression, and equality are obiter. But they are significant, since in Singapore, there are few constitutional rights cases and the courts focus on spelling out the limits to executive and legislative power without necessarily striking down exercises of such power on rights grounds. Indeed, the obiter dicta prompted the Legislature to repeal s 377A. Given the repeal, the obiter dicta …
Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez
Building A Restructuring Hub: Lessons From Singapore, Aurelio Gurrea-Martinez
Research Collection Yong Pung How School Of Law
This article seeks to analyze the legal, market, and institutional features needed to become an international hub for debt restructuring. To that end, it examines the strategy adopted by Singapore as well as the market and institutional factors generally found in other leading legal and financial centers such as the United States, the United Kingdom, and Hong Kong. It is argued that in jurisdictions that have traditionally had creditor-oriented insolvency systems, such as Singapore, the United Kingdom, and Hong Kong, one of the primary challenges when enhancing the restructuring framework for debtors is ensuring that the insolvency system remains protective …
Review Of Sheila A. Smith, Japan Rearmed: The Politics Of Military Power, Timothy C. Hebb
Review Of Sheila A. Smith, Japan Rearmed: The Politics Of Military Power, Timothy C. Hebb
Liberty University Journal of Statesmanship & Public Policy
Sheila Smith, a long-time political scientist focused on Asia-Pacific studies and an expert on Japan specifically, would publish possibly her most influential work in 2019: Japan Rearmed: The Politics of Military Power. In this well-researched work of hers, she gives the reader an in-depth yet concise look at the reasons for Japan’s rearmament, the history of their Self Defense Force, and the challenging political situation that was built in the wake of a world war that still affects them today. This book goes over much of what is needed to understand why Japan’s military is in the shape it is …
From Great “Liberator” To “Landlord Seeking Rent”: The Implications Of U.S. Reciprocal Tariffs Policy In Asia And Beyond, Henry S. Gao
From Great “Liberator” To “Landlord Seeking Rent”: The Implications Of U.S. Reciprocal Tariffs Policy In Asia And Beyond, Henry S. Gao
Research Collection Yong Pung How School Of Law
The post-war international economic order was, to a large extent, underwritten by U.S. leadership. Nowhere was this more visible than in Asia, where the United States not only financed post-colonial development but also provided open access to its huge market, laying the foundation for export-led growth across the region. It underpinned regional stability through a blend of military, diplomatic, and economic engagement, including costly interventions in the Korean and Vietnam wars. That legacy, however, was fundamentally disrupted on April 2, 2025, when the Trump administration unveiled sweeping tariffs targeting key Asian economies. As Singapore’s defense minister wryly observed, the United …
Smu To Build Open Legal Database With Support From Ministry Of Law, Singapore Management University
Smu To Build Open Legal Database With Support From Ministry Of Law, Singapore Management University
SMU Press Releases and News
The Singapore Management University (SMU) will be developing Singapore’s first open empirical legal database with support from the Ministry of Law (MinLaw). Housed at SMU’s Centre for Digital Law, the three-year project will compile and release machine-readable datasets containing key statistical information about Singapore court decisions, statutes, legal scholarship and court structures. Named Singapore Open Legal Informatics Database (SOLID), the database will be freely accessible to researchers worldwide through a public website and Application Programming Interface (API), positioning Singapore alongside leading jurisdictions around the world that have invested in building up their legal data infrastructure.
Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan
Singapore Awakened: How Success – And Flourishing – Shape Family, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Assoc. Prof. (Dr.) Tan Seow Hon delivered the keynote address at Cultivate SG’s second annual conference, “Unfiltered – The Family on Trial”, on 17 November 2025. In her speech titled “Singapore Awakened: How Success – and the Alternative of Flourishing – Shape Family”, Dr Tan reflects on the “Singapore Dream”, the narrow mindset of success in contrast with the concept of flourishing, and how these impact marriage and family. She concludes by offering some thoughts on how to move from success to flourishing.
Juxtaposing Approaches To Risk-Based Ai Governance In Different ‘Rights’ Contexts: A Comparative Analysis Between Singapore And The Eu, Jane Loo, Mark Findlay
Juxtaposing Approaches To Risk-Based Ai Governance In Different ‘Rights’ Contexts: A Comparative Analysis Between Singapore And The Eu, Jane Loo, Mark Findlay
Research Collection Yong Pung How School Of Law
Comparative analysis of European and certain Asian approaches to governance often degenerates into simplistic dichotomies based on universal human rights assumptions. This chapter rejects such dualities, ill-informed by theory and historical reflection. The emerging argument is founded on a historical realist approach to theorising difference. Assisted by Polanyi’s double movement, the detailed substantive comparison is preceded by considerations of how recent trends in governing AI have uniformly adopted a countermovement against the dis-embedding of data and technology from the social leading to a risk/responsibility paradigm. From here, a more nuanced reflection of AI governance approaches in the EU and Singapore …
A Review Of The 2024/25 International Moots Season, Siyuan Chen
A Review Of The 2024/25 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the 11th annual review of Singapore’s performance in international moot court competitions. In a nutshell, 2024/25 has been a tremendous, record-breaking season for Singapore – and a particular duck has finally been broken. In the highest-tier or Grand Slam competitions, Singapore Management University emerged world champions in the Jessup, Vis East, International Criminal Court, and Frankfurt competitions; the previous world record for most Grand Slam wins in a season was 2 (held by various universities), and this new record may well increase to 5, depending on whether SMU can successfully defend its world championship at the Lachs Space …
Death Penalty For Drug Offenders In Southeast Asia: Weakening Of Resistance To Change?, Wing Cheong Chan
Death Penalty For Drug Offenders In Southeast Asia: Weakening Of Resistance To Change?, Wing Cheong Chan
Research Collection Yong Pung How School Of Law
Although the global movement towards abolition of the death penalty has been supported by an increasing number of countries in the world, the number of persons executed for drug offences actually increased in the last few years. Known executions for drug offences now account for more than 40 per cent of all global executions. Most such executions take place in Asia. Of the 34 countries in the world that still retain the death penalty for drug offenders, all nine of those identified as “high application states” (China, Indonesia, Iran, Kuwait, Malaysia, North Korea, Saudi Arabia, Singapore and Vietnam) are found …
Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao
Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao
Research Collection Yong Pung How School Of Law
Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …
Smu Launches International Tax Research Initiative With Grant From The Tax Academy Of Singapore, Singapore Management University
Smu Launches International Tax Research Initiative With Grant From The Tax Academy Of Singapore, Singapore Management University
SMU Press Releases and News
Singapore Management University (SMU) Yong Pung How School of Law (YPHSL) and Tax Academy of Singapore announced the establishment of the Singapore Tax Academy Research Initiative (STARI) which will be undertaken by YPHSL’s Centre for Commercial Law in Asia. Supported by a grant from the Tax Academy of Singapore, this initiative aims to both contribute to the international tax academic community and serve the body of tax professionals in Singapore through three main streams of work: 1) conduct world-class international tax research; 2) develop local academic capacity in taxation; and 3) build links with international thought-leaders in taxation.
Ai In The Judiciary: The Singapore Case, Nydia Remolina Leon
Ai In The Judiciary: The Singapore Case, Nydia Remolina Leon
Research Collection Yong Pung How School Of Law
This paper examines the integration of Artificial Intelligence (AI) within the judicial system of Singapore. Singapore's judiciary has embraced AI not as a tool for adjudication, but as an augmentative instrument for legal research, procedural efficiency, and access to justice. It provides a detailed account of AI use cases in the courts, including case summarization, evidence review, assistance for selfrepresented litigants, and tools like the Divorce Assets Informative Division Estimator. The discussion then turns to the legal profession, exploring how law firms in Singapore are adopting AI technologies. The paper also addresses how AI implementation in the judicial system is …
Bihar Sir Threatens The Credibility Of Elections, Swati Narayan
Bihar Sir Threatens The Credibility Of Elections, Swati Narayan
Popular Media
Any arbitrary disenfranchisement of voters in the upcoming Bihar Assembly Elections will cast a shadow over the sanctity of elections in India.
The Basic Structure In Malaysia: Less Than Meets The Eye, Benjamin Joshua Ong
The Basic Structure In Malaysia: Less Than Meets The Eye, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
At first glance, studying the basic structure doctrine in Malaysia can be frustrating due to its inconsistent judicial treatment. While early cases such as Loh Kooi Choon and Phang Chin Hock rejected the doctrine, it was later accepted in landmark decisions like Sivarasa Rasiah, Semenyih Jaya, and Indira Gandhi. In 2020, scholars such as Jaclyn Neo and Yvonne Tew suggested a judicial embrace of the doctrine and its global trend toward constitutional unamendability. However, the Federal Court’s 2021 decision in Maria Chin Abdullah appeared to reject it once more, illustrating the doctrine’s precarious status. The resurgence seen in Dhinesh a/l …
Digital Economy Innovation In The Indo-Pacific: Towards A 'Singapore Effect'?, J.G. Allen, Qiu Xu Martin Liao
Digital Economy Innovation In The Indo-Pacific: Towards A 'Singapore Effect'?, J.G. Allen, Qiu Xu Martin Liao
Research Collection Yong Pung How School Of Law
This paper examines the rise of Digital Economy Agreements (DEAs) in the Indo-Pacific as a strategic response to digital trade fragmentation and great power competition. Focusing on Singapore’s leadership, we introduce the ‘Singapore Effect’ – a model of regulatory influence distinct from others, such as the ‘Brussels Effect’ and ‘Beijing Effect.’ Unlike market-driven regulatory diffusion, the Singapore Effect emphasizes interoperability, norm entrepreneurship, and mini-lateralism, enabling middle powers to shape digital trade governance. We analyze DEA formation, implementation challenges in national law, and Singapore’s role as a bridge between diverse regulatory regimes. DEAs’ flexible, modular structure allows for incremental regulatory alignment …
The Role Of Private Law In Promoting Building Safety: The Case Of Singapore, Edward S. W. Ti
The Role Of Private Law In Promoting Building Safety: The Case Of Singapore, Edward S. W. Ti
Research Collection Yong Pung How School Of Law
Singapore is a tiny granite rock situated just north of the equator. Lacking land, and indeed any kind of natural resource, means that the trend for urban development in the city-state will always be densifi cation; 96 per cent of residents in Singapore already live in multi-owned housing, ie high-rise apartments. 1 Singapore is also a rapidly greying nation. 2 It has been observed that persons over 70 years old are four times more vulnerable in the event of a fi re, 3 and fi re safety is a critical aspect of building safety. Safety features and measures in the …
Aging And The Law In Singapore And Japan: Adult Guardianship And Other Alternatives, Hang Wu Tang, Yukio Sakurai, Yue-En Chong
Aging And The Law In Singapore And Japan: Adult Guardianship And Other Alternatives, Hang Wu Tang, Yukio Sakurai, Yue-En Chong
Research Collection Yong Pung How School Of Law
Comparative adult guardianship law and other alternatives, especially in an Asian context, is an under-investigated area. This paper attempts to fill the gap in the literature by comparing the adult guardianship law and other alternatives from the perspectives of Singapore and Japan. The central argument of this paper is that in order for the law of adult guardianship to be widely adopted in Asian societies like Singapore and Japan - where much of adult guardianship related issues are governed by informal familial arrangements; this would require governments to do more than the mere enacting of adult guardianship legislation. To encourage …
Koxinga: The Catalyst Of Taiwan's Current Geopolitical Conflict, Lauren Masterson
Koxinga: The Catalyst Of Taiwan's Current Geopolitical Conflict, Lauren Masterson
Honors College Theses
Taiwan, strategically located in the South China Sea, has long faced challenges in asserting its sovereignty. While much of the existing scholarship focuses on the 20th-century conflict between the Chinese Nationalist Party (Kuomintang) and the Chinese Communist Party, this study turns to the mid-17th century to trace the roots of the island’s contested status. It centers on Zheng Chenggong (1624–1662), also known as Koxinga, who established the Ming loyalist Kingdom of Tungning in Taiwan (1661–1683) following the fall of the Ming dynasty. By examining Koxinga’s actions and the legacy he left behind, this research draws parallels between his retreat …
The Prospects Of The High Seas Treaty Decisively Reducing The Negative Biodiversity Impacts Of Distant Water Fishing Operations, Shirley V. Scott, Nengye Liu
The Prospects Of The High Seas Treaty Decisively Reducing The Negative Biodiversity Impacts Of Distant Water Fishing Operations, Shirley V. Scott, Nengye Liu
Research Collection Yong Pung How School Of Law
International fisheries law has so far proven inadequate to prevent over-fishing on the high seas, a key cause of biodiversity loss in areas of the ocean beyond national jurisdiction (ABNJ). Negotiation of the High Seas Treaty (Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction or BBNJ Agreement) afforded an opportunity to respond decisively to the worsening problem. The Treaty was concluded in 2023. It is yet to enter into force. Preparations and negotiations for the Treaty spanned some 20 years. By …
Constructive Trusts In Malaysia: A Methodological Reappraisal, Hang Wu Tang, Ying Khai Liew
Constructive Trusts In Malaysia: A Methodological Reappraisal, Hang Wu Tang, Ying Khai Liew
Research Collection Yong Pung How School Of Law
In recent times, Malaysian courts have resorted to a ritual incantation of unconscionability and the notion of a remedial constructive trust to justify a declaration of a constructive trust. This methodology is unhelpful for approaching constructive trusts and has led the law to develop in an unprincipled and unpredictable fashion. Our central thesis is that the key Malaysian decisions could have been decided on the basis of pre-existing legal principles upon which English and Commonwealth courts have declared a constructive trust. We argue that future courts ought to realign their methodology with the orthodox tradition of incremental development of the …
Siac Rules 2025: A Critical Evaluation In The Indian Arbitration Context, Siyuan Chen, Chin Kye Joel Ko
Siac Rules 2025: A Critical Evaluation In The Indian Arbitration Context, Siyuan Chen, Chin Kye Joel Ko
Research Collection Yong Pung How School Of Law
No abstract provided.
The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo
The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo
Research Collection Yong Pung How School Of Law
This book comprises a commentary on the criminal law of Laos dealing with the general principles of criminal responsibility, and describing the main offences against the person and property under the Lao Penal Code 2017.