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Full-Text Articles in Asian Studies

Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong Feb 2020

Singapore Convention Series: Bill To Ratify Before Singapore Parliament, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Signing on to the Singapore Convention is only the beginning. The Convention will come into force six months after three States have ratified it into their domestic law (Article 14 of the Convention). A Bill currently before the Singapore Parliament seeks to pave the way for that – ratify the Convention in Singapore through the enactment of legislation to implement its terms. It is anticipated that the Singapore Convention on Mediation Bill (the ‘Bill’) will be passed into Law before the end of March 2020. It may very well be the first piece of legislation that ratifies the Convention. Other …


What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti Feb 2020

What Is The Value Of Built Heritage? Assessing Spillover Effects Of Conserving Historic Sites In Singapore, Shin Bin Tan, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Quantifying the economic benefits of built heritage facilitates the formulation and assessment of conservation policies and programs. There is however a lack of empirical research about the economic value of built heritage in Asian cities. This lack is problematic, given the rapid pace of demolition and redevelopment of historic landscapes in Asian cities. This study seeks to reduce the current gap in built heritage research by examining whether real estate premiums are generated by the designation of buildings as ‘conserved’ in Singapore, a city-state in South East Asia. Using 20 years of housing transaction data, and controlling for building, neighborhood …


Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene Feb 2020

Amid The Covid-19 Outbreak, What Can Singapore Expect In Budget 2020, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The Covid-19 outbreak has placed significant and urgent demands on Budget 2020 that will be unveiled on Tuesday (Feb 18). The Government has given a strong affirmation that the Budget will be equal to the task and that it will reinforce the “never fear” spirit that Singapore and Singaporeans will need to adopt to come out stronger of this challenging period.


On Mandatory Criminal Sentences, Legislative Interpretation, And The Prospective Application Of The Law: A View From Singapore, Kwan Ho Lau Feb 2020

On Mandatory Criminal Sentences, Legislative Interpretation, And The Prospective Application Of The Law: A View From Singapore, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

Cana court find that a criminal sentence is mandatory under the penal legislation butchoose, exceptionally, to apply that finding only to future cases? This raisesan interesting question on the prospective application of a correctconstruction of legislation, requiring consideration of difficult issuessurrounding not just the temporal application of the law but also theprotection of the interests belonging to all citizenry, including convictedpersons. Recent decisions in Singapore and elsewhere provide an opening for amore detailed inquiry to be undertaken.


How Inheritance Law Affects Family Firm Performance: Evidence From A Natural Experiment, Yong Kyu Gam, Min Jung Kang, Junho Park, Hojong Shin Feb 2020

How Inheritance Law Affects Family Firm Performance: Evidence From A Natural Experiment, Yong Kyu Gam, Min Jung Kang, Junho Park, Hojong Shin

Research Collection Lee Kong Chian School Of Business

We argue that changes in the inheritance system affect incentives leading to sibling rivalry among descendants and therefore have a material impact on family firm performance. Using South Korea's 1991 inheritance law reform that stipulates the equal distribution of a deceased person's property to descendants, we find that the performance and operating growth rate in family firms show significant enhancement compared with those of nonfamily firms. Moreover, the positive effects are greater for family firms that undergo a business succession with multiple sons and married daughters. Overall, our results suggest that changing to equal bequests of inheritance has a positive …


School Of Law Annual Report 2019, Singapore Management University Jan 2020

School Of Law Annual Report 2019, Singapore Management University

SMU Corporate Reports

It is my pleasure to present you the SMU School of Law’s Annual Report for 2019. This Report highlights all the exciting things that the School has done and the achievements of our faculty members, students and alumni in the past year. As a Law School, our mission is to produce meaningful and impactful research, provide relevant legal training to our students, and apply our expertise to serve the community


Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar Jan 2020

Tracing Biometric Assemblages In India’S Surveillance State: Reproducing Colonial Logics, Reifying Caste Purity, And Quelling Dissent Through Aadhaar, Priya Prabhakar

Scripps Senior Theses

Tracing Biometric Assemblages in India’s Surveillance State seeks to understand the historical conditions that rendered the nation-state of India as having the world’s largest biometric surveillance system: Aadhaar. Surveillance practices used by the British Raj mirrors the current social order of the ruling Bharatiya Janata Party (BJP), as they use surveillance to similar ends in today’s political economy, through the intersecting forces of neoliberalism and ethnonationalism. This thesis is an exploration into how India’s current surveillance regimes cultivate biometric surveillant assemblages through Aadhaar. Contrary to claims that Aadhaar was created to empower the poor, I argue that these surveillance regimes …


Open University Of Nepal Initiative Lessons Learned From Designing An Institution Of Higher Learning, Pramod Dhakal, Drona P. Rasali, Ambika P. Adhikari, Raju Adhikari Jan 2020

Open University Of Nepal Initiative Lessons Learned From Designing An Institution Of Higher Learning, Pramod Dhakal, Drona P. Rasali, Ambika P. Adhikari, Raju Adhikari

Himalayan Research Papers Archive

A group of Nepali diaspora members, represented by the Non-Resident Nepali Association (NRNA), started a campaign in 2009 to establish the Open University of Nepal (OUN) in partnership with the government of Nepal. Their motivation was to develop a quality university for the masses by mobilizing local, diaspora, and international collaborators for producing and disseminating knowledge in the public domain. The university was subsequently established in 2017 but it drifted away from many of the original objectives. Most critically, it embraced distance education as its central function while setting aside the aspiration of producing and sharing knowledge under the public …


China’S Regulatory Approach To The Sharing Economy: A Perspective On Ride-Hailing, Huiqin Jiang, Heng Wang Jan 2020

China’S Regulatory Approach To The Sharing Economy: A Perspective On Ride-Hailing, Huiqin Jiang, Heng Wang

Research Collection Yong Pung How School Of Law

While the sharing economy brings significant social benefits in China, it comes with regulatory challenges that are novel and unpredictable. How should regulators handle these challenges? This paper offers fresh insights into the regulatory approach to the ride-hailing industry, the most comprehensively regulated sharing industry in China. A historical review identifies three regulatory approaches deployed to date: self-regulation, market-based regulation and government regulation. Self-regulation relies on the platforms with incentive to provide better service for greater profit, and to deal with sharing-specific challenges. Market-based regulation invites rivals to keep a watchful eye on other players, in order to enhance their …


Cross-Border Regulation Of Securities Markets In Asean, Wai Yee Wan Jan 2020

Cross-Border Regulation Of Securities Markets In Asean, Wai Yee Wan

Research Collection Yong Pung How School Of Law

How does cross-border regulation of securities markets work in Association of South East Asian Nations (ASEAN)? How closely are the securities markets coordinated within ASEAN from the regulatory perspective? What is the optimal regulatory model of integration of securities markets that balances the economic benefits of integration and yet minimizes the risks of contagion and advances the state’s national goals? The issues posed by these questions are important against the background of strong growth of the Asian economies and Asian capital markets, and how the ASEAN states can take advantage of such growth to facilitate economic growth. According to the …


Article 152 Of The Singapore Constitution: The Past, Present, And Future Of Multiracial Recognition, Inclusion, And Accommodation, Eugene K. B. Tan Jan 2020

Article 152 Of The Singapore Constitution: The Past, Present, And Future Of Multiracial Recognition, Inclusion, And Accommodation, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The bicentennial commemoration consists of a year-long series of events to mark the 200th anniversary of the arrival of Sir Stamford Raffles in Singapore on 29 January 1819. The arrival of the British resulted in the creation of Singapore as a free port and marked the economic, physical, and social transformation of the island, which continues today. Yet, the irony is that the bicentennial commemoration also deliberately seeks to shed light and focus on a more distant past: The half-millennia before Singapore was colonialised and when Singapore was known as Temasek and seen as part of the Nusantara.


Land Of The Falling "Poison Pill" Understanding Defensive Measures In Japan On Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, Dan W. Puchniak Jan 2020

Land Of The Falling "Poison Pill" Understanding Defensive Measures In Japan On Their Own Terms, Alan K. Koh, Masafumi Nakahigashi, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

Embraced by United States ("U.S.") managers in the 1980s as a lifeline in a sea of hostile takeovers, the poison pill fundamentally altered the trajectory of American corporate governance. When a hostile takeover wave seemed imminent in Japan in the mid-2000s, Japanese boards appeared to embrace this American invention with equal enthusiasm. Japan's experience should have been a ringing endorsement for the utility of American corporate governance solutions in foreign jurisdictions -but it was not to be. Japan's unique interpretation of the "poison pill" that was so eagerly adopted by Japanese companies in the mid-to-late 2000s has turned out to …


Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita Jan 2020

Feminist Action Against Pornography In Japan: Unexpected Success In An Unlikely Place, Caroline Norma, Seiya Morita

Dignity: A Journal of Analysis of Exploitation and Violence

In late 2016 a feminist movement against problems of commercial sexual exploitation, and especially issues of coerced pornography filming, arose in Japan. This article describes the history of this movement as it mobilized to combat human rights violations perpetrated by the country’s pornographers. The movement’s success came not spontaneously or haphazardly; in fact, it was orchestrated earlier over a full decade-and-a-half by activists who persevered in researching and highlighting pornography’s harms in a civil environment of hostility, isolation and social derision, even among progressive groups and individuals. The Anti-Pornography and Prostitution Research Group (APP) was particularly prominent in this history. …


Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan Jan 2020

Holding The Therapeutic State At Bay? Balancing Autonomy And Protection In Singapore's Vulnerable Adults Act, Wing Cheong Chan

Research Collection Yong Pung How School Of Law

Abuse, exploitation and neglect of adults raise complex issues on the freedom of the individual to choose for themselves versus the powers of the State to intervene. The law has traditionally limited the scope of compulsory intervention to extreme situations only which can frustrate social workers who deal with such cases. On the other hand, it would be unacceptable to allow intervention simply because it is assessed to be in the adults’ best interests. A balance therefore has to be struck between autonomy and protection. This paper examines how Singapore’s Vulnerable Adults Act identifies the point for intervention and embodies …


Regulation Of Derivatives In Asia: When Technology Meets Financial Engineering, Christopher C. H. Chen Jan 2020

Regulation Of Derivatives In Asia: When Technology Meets Financial Engineering, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This chapter introduces the current state of derivatives market regulation in Asia following the global financial crisis. It focuses on Singapore and Hong Kong, the two largest international financial centres in the region. Singapore and Hong Kong have adopted international regulatory reforms, including mandatory trade reporting, centralized clearing, exchange trading requirements and the initial margin rule. The implementation has varied greatly because reporting requirements and initial margin rules have been implemented whereas clearing and trading requirements are waiting for full implementation. The arrival of financial technology may help Asian regulators oversee derivatives markets, by improving cross-border information sharing, reporting or …


Perfecting Singapore’S System Of Political Governance: Privileging Elites In The Quest For Good Governance, Tan K. B. Eugene Dec 2019

Perfecting Singapore’S System Of Political Governance: Privileging Elites In The Quest For Good Governance, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

This chapter argues that the office of the Elected President is best understood as an elite institution with eligibility restricted to a select group by a stringent set of criteria for hopefuls from the public and private sectors. The Singapore Constitution provides the Elected President with executive and legislative powers. Since independence in 1965, Singapore has sought to constitutionally engineer a political system that meets its unique needs and aspirations. Any theory of responsible government, undergirded by the separation of powers, will entail some measure of both conflict and cooperation, whether one or the other dominates. Given the particularistic neo-Confucian …


Transparency Of Insurance Contract Law In Singapore, Christopher C. H. Chen Dec 2019

Transparency Of Insurance Contract Law In Singapore, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

No abstract provided.


Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti Dec 2019

Politics And Policy: Chinese Money And Its Impact On The Regulation Of Residential Property In The West, Edward Seng Wei Ti

Research Collection Yong Pung How School Of Law

The narrative of Chinese real estate investors in some western jurisdictions reads like this: China has in recent decades, enjoyed burgeoning wealth creation across all strata in society. Chinese buyers are attracted to a ‘westernised’ education for their children, an agreeable and law-abiding civic society all whilst living in a clean and pleasant environment. Western real estate markets are seen as safe havens and bringing about portfolio diversification. This flood of Chinese wealth has impacted residential housing markets resulting in locals being outpriced. To combat unaffordability and housing shortages, governments have had no choice but to impose regulatory measures preventing …


Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong Dec 2019

Un Treaty On Mediation Signed In Singapore, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

The Singapore Convention on Mediation is a multilateral treaty which offers a legal framework facilitating the circulation of international mediated settlement agreements (iMSAs) across national borders. The Singapore Convention achieves this by elevating iMSAs to the status of a new type of legal instrument recognised in international law: neither a contract nor a consent arbitral award, iMSAs that fall within the scope of, and that satisfy the conditions within, the Singapore Convention enjoy a unique status. As outlined below, the new Convention establishes a system for the recognition and enforcement of commercial iMSAs. This report is a follow up to …


Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong Dec 2019

Singapore Case Note: Enforceability Of Settlement Agreements, Nadja Alexander, Shou Yu Chong

Research Collection Yong Pung How School Of Law

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal principles to consider when a settlement agreement is drafted. Although mediation did not take place between the parties in dispute, the principles stated by the High Court here remain relevant to the drafting of binding mediated settlement agreements (MSAs). This case is essential reading for …


The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh Dec 2019

The Chinese (Taiwan) Yearbook Of International Law And Affairs: Contributing To The Grotian Moment In Asia, Ying-Jeou Ma, Chun-I Chen, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The contribution examines critical developments of the Chinese (Taiwan) Yearbook of International Law and Affairs and its contribution to the ‘Grotian moment’ in Asia. The Yearbook is the first publication specialized in international law in Greater China, a Chinese-speaking region that includes Mainland China, Taiwan, Hong Kong and Macau. The founding of the Yearbook in 1981 was a response to the unique status of the Republic of China (ROC) rendered after its loss of representation in the United Nations under General Assembly Resolution 2758 of 1971. Over the past 40 years, the Yearbook has become an intellectual depository of research …


Unjust Enrichment In Asia Pacific, Man Yip Nov 2019

Unjust Enrichment In Asia Pacific, Man Yip

Research Collection Yong Pung How School Of Law

No abstract provided.


Sri Lanka's Quest For A Reformed Constitution: Lessons Froma Lost Opportunity, Austin I. Pulle, Suri Ratnapala Nov 2019

Sri Lanka's Quest For A Reformed Constitution: Lessons Froma Lost Opportunity, Austin I. Pulle, Suri Ratnapala

Research Collection Yong Pung How School Of Law

The history of Sri Lanka is highly instructive of the dynamics of constitutional evolution in a post-colonial, multi-ethnic, and economically challenged Asian nation. Sri Lanka is one of the few ex-colonies where constitutional change has happened without military involve ment. Citizens have changed their government10 times by generally fair and free elections. In the first three decades after independence, the country’s judiciary enjoyed an enviable reputation for independence, integrity, and competence.The public service, though poorly re warded and resourced, maintained a praiseworthy standard of administrative impartiality and competence. Sri Lanka had, and still has, one of the highest rates of …


Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan Nov 2019

Transnational Corporate Governance Codes: Lessons From Regulating Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan

Research Collection Yong Pung How School Of Law

Many jurisdictions around the world, includingAsia, have corporate governance codes largely based on the transnational codedrafted by the Organisation for Economic Cooperation and Development (OECD).The core ideas underpinning the OECD’s principles of corporate governance are boardindependence and proper management of conflicts of interest. These ideas, drawnfrom the Anglo-American model of corporate governance, are designed to protectcompanies and their shareholders. However, the question remains as to whether atransnational corporate governance code is always appropriate and effective, particularlywhen the kinds of companies listed on the stock exchange significantly differfrom the Anglo-American model. In this article, we examine Hong Kong andSingapore, two Asian …


Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong Nov 2019

Symposium On Pofma: Parliamentary Debates About Pofma – Hansard Beyond Statutory Interpretation?, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The issue of a legislative response to falsehoods first drew public attention when the Select Committee on Deliberate Online Falsehoods held its public hearings. This public attention was renewed when the Protection from Online Falsehoods and Manipulation Act (“POFMA”), in Bill form, was unveiled. Questions arose among both the public and MPs about whether POFMA would grant the Government power to stifle academic research, journalism, or the expression of opinion, as well as whether it would be difficult for an individual to seek recourse against an allegedly wrongly made Direction.This post focuses not with the substance of these issues (important …


Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan Nov 2019

Environmental Pollution Control In Singapore: The Intersection Of Torts, Statutes, Regulations And Community Norms, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Singapore is a land-scarce, densely populated, urbanized and technology-driven society. Despite her image as a clean and green environment, serious challenges remain to keep environmental pollution at bay. Both private and public laws, whether based on statutes or common law, as well as a host of regulations and community norms collectively regulate environmental pollution in Singapore. Statutory provisions targeting environmental pollution rely on criminal punishment, administrative measures and also compensatory damages awarded to victims in the event of breaches of specified statutory duties. The Environmental Pollution Control Act 1999, together with the implementing subsidiary legislation, seeks to minimise or mitigate …


Reform Of Singapore's Foreign Judgment Rules, Adeline Chong Oct 2019

Reform Of Singapore's Foreign Judgment Rules, Adeline Chong

Research Collection Yong Pung How School Of Law

On 3rd October, the amendments to the Reciprocal Enforcement of Foreign Judgments Act (“REFJA”) came into force. REFJA is based on the UK Foreign Judgments (Reciprocal Enforcement) Act 1933, but in this recent round of amendments has deviated in some significant ways from the 1933 Act. The limitation to judgments from “superior courts” has been removed. Foreign interlocutory orders such as freezing orders and foreign non-money judgments now fall within the scope of REFJA. So too do judicial settlements, which are defined in identical terms to the definition contained in the Choice of Court Agreements Act 2016 (which enacted the …


Google’S Keyword Advertisement In Taiwan: No Use Of Trademark, But Obviously Unfair, Kung-Chung Liu Oct 2019

Google’S Keyword Advertisement In Taiwan: No Use Of Trademark, But Obviously Unfair, Kung-Chung Liu

Research Collection Yong Pung How School Of Law

Taiwan IP Court in its capacity as the first instance court with a single-judge panel has in a 2012 Min-Shan-Su-Zi 22 decision (decided on 24 January 2013) for the first time dealt with the legal liability of a search engine, namely Google, in its keyword advertisement practice concerning one famous trademark in Taiwan.


Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai Oct 2019

Building A Market Economy Through Wto-Inspired Reform Of State-Owned Enterprises In China, Weihuan Zhou, Henry S. Gao, Xue Bai

Research Collection Yong Pung How School Of Law

This paper responds to the widespread view that existing WTO rules are insufficient in dealing with China’s state capitalism, which has been further emboldened by its latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, the paper argues that, we do not necessarily need new rules, because the unique challenges created by China’s state capitalism can be sufficiently dealt with by the WTO’s existing rules on subsidies coupled with the China-specific obligations. Thus, a more realistic approach would be to push China back to the path of market-oriented reforms through WTO litigation based …


More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene Oct 2019

More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.