Asian Studies Commons^™

An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao

Research Collection Yong Pung How School Of Law

While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the …

Procedural Issues In The Anti-Dumping Regulations Of China: A Critical Review Under The Wto Rules, Won-Mog Choi, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since the World Trade Organization (WTO) was established, China his made large-scale efforts to shape its trade remedy system through legal and organizational changes. Through these changes, China could clarify the meanings of WTO anti-dumping provisions including the provision relating to the definition of domestic industry. Moreover, procedural disciplines on reviews were fortified in Chinese anti-dumping system. While the overall improvements to the trade remedy system of China are evident, definitions of several key legal terms, including the concept of related producers, the negligible import standard, and adjustment factors for a fair comparison between normal values and export prices are …

Government Procurement: A View From Asia, Locknie Hsu

Research Collection Yong Pung How School Of Law

There is no single approach to government procurement regulation among Asian countries. While some are signatories to the WTO's Government Procurement Agreement (GPA), others are not. Some have deliberate policies which confer preferences on domestic suppliers of goods and services. Even so, some have embarked on changing their GP regimes independently of WTO requirements. Yet others appear to be prepared to make changes in tandem with the negotiation of bilateral or regional free trade agreements. This article examines government procurement from these varied perspectives of Asian countries.

The Law Of International Commercial Arbitration In Singapore, Warren B. Chik

Research Collection Yong Pung How School Of Law

The Singapore dispute resolution landscape entered the new millennium with the reconstruction of the dual carriageway for arbitration. In 2002, the old road to arbitral resolution of disputes ( i.e. , the old Arbitration Act and the old International Arbitration Act ) were reconstructed and what emerged were two updated legislations: the Arbitration Act and the International Arbitration Act . At about the same time, the Singapore International Arbitration Centre (SIAC) also diversified with the introduction of a new set of Domestic Arbitration Rules.

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

No abstract provided.

Chinese Views On Modern Marco Polos: New Foreign Trade Amendments After Wto Accession, Heng Wang

Research Collection Yong Pung How School Of Law

Since China’s accession to the World Trade Organization (WTO) at the end of 2001, it has made substantial, even heroic, efforts to change its laws and regulations. WTO accession has brought not only amendments to formal written laws, but greater transparency in government administration, enhanced opportunities for Chinese entrepreneurs, and more equal treatment between foreign and domestic business organizations. One crucial step forward is the Duiwai Maoyi Fa 2004 [Foreign Trade Act 2004] (“FTA 2004”), which amended the Duiwai Maoyi Fa 1994 [Foreign Trade Act 1994] (“FTA 1994”). With just over one year’s experience operating under this new foreign trade …

Interface Between Ip And Competition Law In Taiwan, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

The modernization of Taiwan’s intellectual property (IP) laws has been most marked in the last 10 to 15 years.] During that period, Taiwan also responded to U.S. Section 301 pressure by enacting and enforcing the Fair Trade Act of 1991, a general competition law. The issue of the interface between IP and antitrust law has gradually gained sigdcance in the last couple of years. To some extent, as its development in Taiwan testifies, competition law has circumscribed the scope of IP laws and inacted a spd-over effect on the IP laws. The ramification of competition law in Taiwan with regard …

Singapore: A Tax Compact For The Future?, Eugene Kheng Boon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.

Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee

Research Collection Yong Pung How School Of Law

The issue of contract formation arose in the unusual context of civil procedure in Wellmix Organics (International) Pte Ltd v Lau Yu Man [2006] 2 SLR 117 (see also para 10.60 on “Mistake”). The plaintiff in this case unsuccessfully sought to enforce a consent unless order against the defendant. Andrew Phang Boon Leong J (as he then was) emphasised that, keeping in view its very drastic consequence of depriving a party of his cause of action, such an order will only be established where the terms of the agreement are clear and unambiguous. It was clear on the facts that …

Regulating Directors' Duties With Civil Penalties: Taking A Leaf From Australia's Book, Pey Woan Lee

Research Collection Yong Pung How School Of Law

This article examines whether the use of the criminal penalty as a 'default' sanction for regulating directors' core duties in Singapore is excessive, and if so, whether civil pecuniary penalties ought to be introduced in the reform of the existing sanctions regime. These questions are addressed principally by reference to the Australian experience.

The Paradox Of Corruption As Antithesis To Economic Development: Does Corruption Undermine Economic Development In Indonesia And China, And Why Are The Experiences Different In Each Country?, Andrew White

Research Collection Yong Pung How School Of Law

The question of whether corruption is antithetical to economic development has been extensively researched and debated since the 1960s. While nearly all participants in the debate appear to agree that corruption ultimately is antithetical to long-term economic development, the extent to which it positively or negatively affects economic development in the short term depends upon highly contextual factors. In different countries and regions of the world, factors of local culture and history, the nature of the state, the type of corruption and actors involved, and the political responses and motivations to curtail corruption all inform the answer to this question. …

Globalization In Legal Education Of Korea, Soogeun Oh

Journal of Legal Education

No abstract provided.

Natural Forum And The Elusive Significance Of Jurisdiction Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

The Singapore court's power to stay its proceedings by reason of its not being the appropriate forum the proceedings ought not to be continued is underpinned by the common law principle enunciated in The Spiliada that generally a trial should be heard in its natural forum. The Rainbow Joy adds significantly to Singapore law on forum non conveniens on two important points. First, it establishes that it is not necessary to show that the alternative forum abroad is constituted as a court of law. Secondly, the case establishes that whether there is a defense claim on the merits is an …

Bloggers Beware: The Five Commandments For Bloggers, Warren B. Chik

Research Collection Yong Pung How School Of Law

There is a need for Singapore bloggers to be aware of legal issues arising from their online diaries, particularly in the light of the recent cases involving seditious remarks made online by bloggers that resulted in jail terms and fines; and earlier in the year, a dispute arose over allegedly defamatory speeches made by a blogger about A*STAR’s Chairman, Philip Yeo, which was resolved amicably, but not without an apology. The threats of legal repercussions in the form of civil lawsuits and criminal charges serve as reminders of the potential legal problems that can arise from blogging, and indeed from …

Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper examines Singapore's innovations in electoral and spatial integration. In examining the Group Representation Constituency and the Ethnic Integration Policy, a critique is made of the official discourse that multiracialism is internalized and entrenched in Singapore's political psyche and electoral process. While the electoral and spatial integration policies are driven by the objective of enhancing multiracialism, their actual workings do not adequately advance the development of norms and values that would be truly supportive of the need for a multiracial legislature and an abiding commitment to multiracialism. The layering of the electoral system with other political objectives, such as …

Trade Mark Dilution In Singapore: The Aftermath Of Mcdonald’S V Mactea, David Llewelyn

Research Collection Yong Pung How School Of Law

In a unanimous decision delivered in September 2004, the Court of Appeal of Singapore has ruled against McDonald's Corporation in its attempts to stop a small Singapore company, Future Enterprises Pty Ltd, from registering its marks "MacNoodles", "MacTea" and "MacChocolate". This case has international significance as the Singapore court ruled, confirming the position taken by courts in a number of other jurisdictions, that McDonald's did not have an exclusive right over the prefix "Mc" in relation to food and beverages in the absence of deception or confusion. However, Singapore's trade mark laws have since undergone a major revamp. Under the …

Proposed Anti-Spam Legislation Model In Singapore - Are We Losing The War Before Even Starting The Battle?, Warren B. Chik

Research Collection Yong Pung How School Of Law

Unsolicited messages have grown into an intractable parasite on the underbelly of an otherwise effectual and vibrant electronic communications regime. There has been a sudden surge in the enactment of anti-spam laws globally within the last couple of years. On 25 May 2004, the Infocomm Development Authority of Singapore and the Attorney-General’s Chambers of Singapore jointly released a Consultation Paper on a Proposed Legislative Framework for the Control of E-mail Spam in Singapore. It is timely to consider the proposed anti-spam legislation model for Singapore in the light of such existing laws in other countries and their levels of effectiveness …

The Viability Of Stimulating Technology-Oriented Entrepreneurial Activity In China, Taiwan, Japan, And South Korea: How Regulations And Culture Encourage The Creation, Development And Exploitation Of Intellectual Property, Matthew L. Goldberg

Brigham Young University International Law & Management Review

No abstract provided.

Report Of The Law Reform Committee On Pre- And Post-Judgement Interest, Tiong Min Yeo, Wai Yee Wan, Joyce Chao, Julie Huan, Vincent Leow, Sriram Chakravarthi

Research Collection Yong Pung How School Of Law

No abstract provided.

It's All Right To Be Wrong, Sometimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?

It's All Right To Be Wrong, Sometimes, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Racist comments made by some youths have spawned many reactions from Singaporeans. This presents another interesting issue: Do these reactions themselves evince the kind of intolerance of a diversity of opinions which they are attacking? When and how can we differ without being intolerant and disrespectful?

No Vision? Youths Need Role Models, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Much recent talk about the vision (or lack thereof) of our young people has revolved around a search for solutions in the form of programmes that give them an opportunity to broaden their minds and, it is hoped, develop their characters.

No Vision? Youths Need Role Models, Seow Hon Tan

Research Collection Yong Pung How School Of Law

Much recent talk about the vision (or lack thereof) of our young people has revolved around a search for solutions in the form of programmes that give them an opportunity to broaden their minds and, it is hoped, develop their characters.

Critical Thinking Straight From The Heart, Seow Hon Tan

Research Collection Yong Pung How School Of Law

The state of the hearts of our young people, specifically whether they have the moral courage to stand up for what they believe in, is in the spotlight again with this newspaper's upcoming Youthink pages intended to showcase their views. The Youthink pages might go some way to show if the concern with our youth is well-founded. An interesting issue is raised: What exactly is critical thinking?

Georgia, James Smithwick

Human Rights & Human Welfare

The conflict between Chechnya and Russia combined with September 11 has focused more international attention on the Russian Caucuses. However, little has changed since America declared a War on Terror in the Republic of Georgia. The state turned a blind eye to religious persecution before September 11, and continues to do so. Multiple separatist movements persist in the same manner as they did prior to September 11.

Margot Morgan On The Politics Of Justice And Human Rights: Southeast Asia And Universalist Theory By Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 Pp., Margot Morgan

Human Rights & Human Welfare

A review of:

The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory by Anthony J. Langlois. Cambridge: Cambridge University Press, 2001. 214 pp.

Sri Lanka, Amanda Donahoe

Human Rights & Human Welfare

Sri Lanka has been entrenched in a civil war for two decades. As in ethnic conflicts in many other post-colonial countries, the different groups of Sri Lanka give loyalty primarily to the group, rather than to the entire country. The Sinhalese majority have slowly populated the government and treated the Tamil minority as a threat to national stability, instead of as candidates for conciliation and power sharing. Consequently, the Liberation Tigers of Tamil Eelam (LTTE) has taken up arms against the Sinhalese controlled government to fight for an independent homeland in the north and north-east parts of the country in …

Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.