Asian Studies Commons^™

Individual Liberty, Safety And Police Liabilities Under The Mental Health (Care And Treatment) Act, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

How should a society strike a balance between the objective of ensuring safety from dangers that may be posed by individuals believed to have a mental disorder and the deprivation of their liberty? How should police officers discharge their duties in apprehending such individuals with a view to conveying them to a medical practitioner at a psychiatric institution? These legal issues took centrestage in the Singapore High Court decision of Mah Kiat Seng v Attorney-General in which the apprehended individual brought claims in false imprisonment against a police officer. The decision examined the underlying purposes of the Singapore Mental Health …

Law, Politics, And The Academy In Asia: Navigating Constraints As Public Law Scholars, De Maartje Visser, Qian Liu, Victor V. Ramraj

Research Collection Yong Pung How School Of Law

How do academics interested in the study of legal topics that implicate the state relate to and deal with pressures that shape the space available to conduct research? This article examines the nature and impact of such pressures on Asia-focused public law scholars who must contend with a more diverse socio-political environment than the liberal democratic setting in which questions of academic freedom are typically explored. We find that the Asia-centric academy is affected by a wide range of constraints that notably extends beyond intra-institutional demands to those put in place by the state. This article also highlights how the …

Managed Diversity Along The Legal Silk Road: The Asean-Asia Relationship In International Arbitration, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

Efforts to foster closer economic integration often focus on the alignment of standards with respect to goods and services. The harmonization of substantive regulations mitigates the inevitable friction caused by moving assets from one jurisdiction to another. In this chapter, it is argued that interna- tional arbitration plays a similar function in the Association of Southeast Asian Nations (ASEAN)-Asia relationship. By providing a neutral and reliable forum for dispute resolution, international arbitration helps manage legal diversity by creating a ‘Legal Silk Road’ on which commercial parties can engage with a familiar dispute resolution process without having to engage the local …

Comparing Smart City Data Protection Approaches: Digital Consent And The Accountability Framework In Singapore, Wenxi Zhang, Sharanya M Shanmugam, J.G. Allen

Research Collection Yong Pung How School Of Law

Traditionally, there has been heavy reliance on formal notice and consent models for data protection regimes. However, consent (in particular digital consent) is rarely extended meaningfully in practice, due to behavioural factors including data subjects’ limited cognitive capacity, rational apathy, and dependency on the digital infrastructure around them. Synthesizing legal perspectives with insights drawn from the behavioural and social sciences, this article analyzes the consent problem in the smart city context, where it is exacerbated due to prevailing issues such as economic disincentives for ensuring meaningful consent, since essential urban infrastructure is often provided by private companies. Recognizing the shortcomings …

Adaptation For Whom? Understanding The Impacts Of Dyke Policies On Small-Scale Farmers In Ca Mau Province Of Vietnam, Nguyen Minh Quang, Nguyen Van Minh, Nguyen Vo Chau Ngan, Martha B. Lerski

Publications and Research

Low-lying deltas worldwide are extremely vulnerable to sea-level rise. As the risks of climate-induced flooding become increasingly clear, the thirst for infrastructure-driven adaptation increases. This highlights a patent need to understand the impacts of engineering adaptation solutions, especially those targeting built structures such as dykes and sluices, on farmers from a bottom-up, farmer-centred perspective. The study addresses this call by examining cases where dyke policies, while successful in some dimensions, have undermined small-scale farmer livelihoods in Ca Mau ― Vietnam’s southernmost rural province. It identifies areas in need of attention and adds empirical data related to this group of farmers. …

A Geopolitical Economy Analysis Of China And India’S Approaches To Transnational Data Governance, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Recent literature on the behavior of rising powers in digital trade and data governance highlights their discourses of data sovereignty and desire to preserve domestic policy autonomy. This article contributes to the literature by employing a political economy lens that shifts the focus from the nation-state/inter-state framework towards the dynamics of state–capital relations, allowing for a more historical and contextual understanding of the geopolitics of data governance in emerging economies. Using China and India—two of the largest emerging economies—as comparative cases, and drawing on secondary data from government documents and other sources, the article argues that the interplay between the …

A Forgotten Piece Of History: The Story Of The First Municipal Council Of Colombo, Sri Lanka, Chandra Richard De Silva

History Faculty Publications

The website of the Municipal Council of Colombo asserts that it was founded in 1865 (Colombo Municipal Council, 2015). This is also the story that is recounted in scholarly histories of Colombo, in modern websites and in popular accounts of the history of the city. The objective of this article is to demonstrate that Colombo had a municipal council as early as the sixteenth century and to illuminate the story of its existence for over 70 years - until well into the seventeenth century. It also explores the functions of the council, its relationship with Portuguese officials who ruled the …

Governing Intelligence: Singapore’S Evolving Ai Governance Framework, Jason G. Allen, Jane Loo, Jose Luna

Research Collection Yong Pung How School Of Law

This paper provides an outline analysis of the evolving governance framework for Artificial Intelligence (AI) in Singapore. Across the Singapore government, AI solutions are being adopted in line with Singapore’s “Smart Nation Initiative” to leverage technology to make impactful changes to the nation and the economy. In tandem, Singaporean authorities have been assiduous to release a growing number of governance documents, which we analyse together to chart the city-state’s approach to AI governance in international comparison. Characteristics of Singapore’s AI governance approach include an emphasis on consensusbuilding between stakeholders (particularly government and industry but also citizens) andvoluntary or “quasi” regulation, …

Instruments Implementation Audits And Development Strategies For Taiwan As A Non-Member State Of The Imo, Hui-Huang Tai, Tun-Hao Hsu

Journal of Marine Science and Technology–Taiwan

The International Maritime Organization (IMO) has formulated numerous maritime-related conventions. The promotion of mandatory audits is required to ensure that the implementation of maritime management systems in various countries complies with the IMO Instruments Implementation Code (III Code) and that both member states and non-member states implement these conventions. This is not only an obligation but also a responsibility for all countries to promote the development of the maritime industry. This study investigates how Taiwan, one of the non-member state of the IMO, implements the audit process and develops future implementation strategies for various maritime conventions. This issue is of …

40 Years Passing By In (A) “Heartbeat”, Christopher Janney

Monsoon: South Asian Studies Association Journal

This article outlines the forty-year history go Christopher Janney’s iconic performance work “HeartBeat.” Trained as an architect and jazz musician, Janney combines these two disciplines to create large interactive light/sound installations and performances. On the one hand, he attempts to make architecture more like music, more “alive” using real-time sensing devices as on his “Harmonic Convergence” installation on the Miami International Airport. On the other hand, he attempts to make music more like architecture, more physical more visual. In his “HeartBeat” performance, a dancer wears a heartbeat device that amplifies his/her heartbeat in “real time.” Over this pulse, live musicians …

Yoga Sūtra Book Four And The Yogabindu, Christopher Key Chapple

Monsoon: South Asian Studies Association Journal

Four themes from the fourth pāda of Patañjali’s Yoga Sūtra are examined here: karma (IV:2-13), individuality (IV:16), humility (IV:20-22), and freedom (IV:29-34). Affirmations and variant interpretations of these four are provided from Haribhadra Virahāṅka’s Yogabindu, most likely composed a century or two later.

Collective Karma: From The Yogasūtra To Taylor Swift, Zoë Slatoff

Monsoon: South Asian Studies Association Journal

The Indian knowledge traditions speak at length about karma, which is divided into three categories—accumulated (saṃcita), ripe (prārabdha), and future (kriyamāṇa). While much is said about our individual karma and how it affects our repeated reincarnation in cyclic existence, how does this affect others and how do others affect us? In other words, as this paper explores, what is our reciprocal and collective karma?

Painting Liberation: A Visual Ontology Of The Interplay Of Mind And Consciousness In Book Four Of The Yoga Sūtras, Melissa Townsend

Monsoon: South Asian Studies Association Journal

This presentation explores how artistic practice can illuminate philosophical questions about the nature of mind, consciousness, and liberation as articulated in Book Four of the Yoga Sūtras of Patañjali. Through a series of paintings that visually translate these sūtras, I propose that art offers a unique, experiential means of engaging with the complex relationship between citta (mind) and puruṣa (consciousness).

The paintings function as a form of “visual ontology,” inviting viewers to engage with abstract philosophical concepts in a sensory, tangible way. By depicting the interplay between the mutable processes of the mind and the unchanging awareness of consciousness, these …

Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

This chapter argues against the unitary characterisation, for choice of law purposes, of equitable principlesas they apply to claims relating to property as either property or obligation, and that they should be characterised as property or obligation in accordance with the functions of the equitable principles in each instance.

The Overlooked Reality Of Shareholder Activism In China: Defying Western Expectations, Chun Zhou, Wei Zhang, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Despite shareholder activism being in the global spotlight, shareholder activism in China – the world’s second largest economy – remains largely a black box. Using unique hand collected data, we reveal the overlooked reality that shareholder activism in China is thriving – with 156 major shareholder activist campaigns, over two-thirds of which have occurred in the last five years. Contrary to Western conventional wisdom, we find that whether the target company is a private owned enterprise (POE) or state-owned enterprise (SOE), has no statistically significant effect on the success of activist campaigns. Private shareholders have undertaken, and in over half …

Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow

Research Collection Yong Pung How School Of Law

Many know the story of modern Singapore in broad outline. When the country attained independence in 1965, it was not industrialised and fishing villages still dotted the landscape. By 1990, GDP per capita had risen to around US$13,000, far exceeding its neighbours and on par with Hong Kong and New Zealand. A further three decades on, Singapore today boasts gleaming skyscrapers, well-developed infrastructure and a high degree of trust by residents and investors alike in its government.

Financial Regulation, Aurelio Gurrea-Martinez, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

No abstract provided.

Was 2024 A Good Year For You? Let’S Review Your Yardsticks…, Seow Hon Tan, Su Ching Lim

Research Collection Yong Pung How School Of Law

This op-ed encourages all to reflect on their year and examine whether they have lived meaningfully according to their yardstick of meaning, the legacy they want to leave behind, and whether their talents and credentials are empowering and enabling, rather than restricting them. It is written as part of a research project examining success and flourishing in Singapore.

The Compatibility Of The Substance Over Form Doctrine With Tax And Investment Treaties: A Case Study Of Lone Star V The Republic Of Korea, Blazej Kuzniacki

Research Collection School Of Accountancy

In late August 2022, the Lone Star tribunal concluded one of the latest awards in tax-related investment treaty disputes (the tax-related claims account for almost USD 1.5 billion of the total of almost USD 4.7 billion claimed in compensation). It also is the first award in which the tribunal dealt with the application of the substance over form doctrine (SOFD) by tax authorities and courts of the host state to prevent the abuse of a double tax treaty (DTT), and the impact of the refusal to accord the claimants the benefits under the DTT via a domestic (Korean) SOFD on …

Disputing Personal Data In The Eu-China Comprehensive Agreement On Investment, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This chapter analyses the emerging data realms in China and the European Union against the backdrop of the Comprehensive Agreement on Investment (CAI). It examines the link between data protection and investment flows and undertakes a comparative analysis of the PIPL and GDPR. Moreover, this chapter will also analyse the Digital Silk Road in promoting China’s model of data sovereignty. While early trade and investment agreements did not consider data relevant for the regulation of cross-border commerce, modern treaties are increasingly cognisant of rules for data protection. As such, the data-related provisions of the CAI will be placed in the …

China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott

Research Collection Yong Pung How School Of Law

This paper compares China’s stance during the UNCLOS negotiations – the starting point of contemporary law of the sea, with its engagement in the latest development of BBNJ negotiations. It answers the question, how does China participate in these two important rules-making processes of the international law of the sea? By identifying salient positions China took in each set of lengthy negotiations and explaining the reasons behind, the paper also aims to reflect what a rising China may bring to the international legal maritime order in the foreseeable future. The first part of this paper, on the nature of China’s …

A Review Of The 2023/24 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the 10th annual review1 of Singapore’s performance in international moot court competitions.2 In the highest-tier or Grand Slam competitions,3 SMU won the International Criminal Court world championship for the 5th time (increasing its lead as the tournament record holder for the most world championships), won the Lachs Space Moot world championship in Milan after winning the regional title in Tokyo, and reached the Price world championship final in Oxford for a record 7th time. Other notable results include SMU winning the Refugee and Migration Moot in its debut, winning the Fletcher Insolvency Moot for a record 3rd time, …

Humanitarian Parole To The United States: The Case Of A Gay Man Fleeing Afghanistan, Melanie Shapiro

Dignity: A Journal of Analysis of Exploitation and Violence

This article will discuss my experience as an immigration attorney representing a gay man from Afghanistan fleeing the Taliban. First, it will give an overview of the Taliban’s role in Afghanistan and the Taliban takeover in August 2021. It will then discuss the treatment of lesbian, gay, bisexual, and transgender (LGBT) individuals in Afghanistan. Next, the article will discuss how I became involved in representing individuals fleeing Afghanistan and the humanitarian parole process.

China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao

Research Collection Yong Pung How School Of Law

China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …

China In Global Digital Trade Governance: Towards A Development-Oriented Agenda?, Yujia He, Ka Zeng

Patterson School of Diplomacy and International Commerce Faculty Publications

Existing literature on the behaviour of rising powers in global trade governance has yielded inconclusive evidence about their role and impact. This article contributes to this literature by examining China's role in global digital trade governance, an issue area which so far has not received sufficient scholarly attention. Specifically, it addresses the following question: as a self-proclaimed leader of the developing world in digital development, to what extent do its preferences and negotiation approach align with the interests of other developing countries? Analysing China's participation in three sets of negotiations using process tracing, the article argues that China's dual identity …

Securitisation, National Action Plan, And Law On Terrorism In The Philippines And Indonesia: Questioning Comprehensive Approach, Chaula Rininta Rininta Anindya

Global: Jurnal Politik Internasional

The fundamental aim of the National Action Plan (NAP) on Preventing and Countering Violent Extremism (P/CVE) is to employ a comprehensive approach to addressing the root causes of violent extremism. However, does it necessarily become a real instrument to employ a comprehensive approach in P/CVE? The case of Indonesia and the Philippines will show the important factors of the people behind the policy-making process and the timing of the issuance of NAP. The NAP will only become a mere jargon of a “comprehensive approach” when there is limited access for other actors outside of the governmental agencies to be involved …

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …

How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons From Past Cases And The Way Forward, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In the past, Malaysian courts performing constitutional rights review played a merely clerical role, applying a test that was trivially easy for legislation to pass. Then a more rigorous proportionality test took root. However, the Federal Court in the 2020 case of Letitia Bosman whittled the test down again, and the courts once more played a minimal role in checking state action. The reasons for this cannot be explained merely by diversity in judicial philosophy or political contextual factors. Rather, the near-demise of proportionality (and, with it, robust constitutional review) was made possible by a lack of a clear sense …

Foreword, Pey Woan Lee

Singapore Law Journal (Lexicon)

No abstract provided.

Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang

Research Collection Yong Pung How School Of Law

There has been a proliferation of common intention constructive trust claims in Singapore. The main reason is that families have acquired real estate using their collective earning power without explicitly considering the individual entitlement of each family member. When a dispute arises, the claim is often pleaded as a common intention constructive trust. The complication with applying the law on the common intention constructive trust is that this is an English doctrine developed to deal with a different social context i.e. the breakdown of the relationship between cohabiting couples. In Singapore, the common intention constructive trust applies primarily in a …