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Articles 61 - 90 of 1176
Full-Text Articles in Asian Studies
Legal Governance Of Artificial Intelligence In Healthcare Devices And Services In Singapore, Warren B. Chik, Haran Sugumaran
Legal Governance Of Artificial Intelligence In Healthcare Devices And Services In Singapore, Warren B. Chik, Haran Sugumaran
Research Collection Yong Pung How School Of Law
The use of artificial intelligence (AI) in healthcare applies across a spectrum of goods and services that support the industry. The main benefits of developing and applying AI to healthcare are: (a) the potential for it to perform functions beyond what can be done manually by the natural person; (b) the greater efficiency and accuracy that it can give to detection, diagnosis and medication/recovery; (c) the minimisation of risk and the possible lowering of cost (in the long term); and (d) in appropriate cases, minimal human intervention or involvement, especially in situations or conditions that may present a risk of …
Building Responsible And Sustainable Supply Chain Frameworks: Limits Of International Investment Law And The Csr Initiatives Taken By The Eu And China, Stefanie Schacherer
Building Responsible And Sustainable Supply Chain Frameworks: Limits Of International Investment Law And The Csr Initiatives Taken By The Eu And China, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
Supply chains play a pivotal role in global economic relations, fostering growth, employment, and poverty alleviation. Multinational enterprises (MNEs) are central actors in these chains, bearing responsibilities towards workers and the environment. Corporate Social Responsibility (CSR) standards guide MNEs in assessing the societal and environmental impacts of their activities, though these standards remain largely voluntary. Recent investment treaty practice shows a trend to incorporate CSR provisions in international investment agreements (IIAs), but such clauses fail to impose direct human rights, labour and environmental obligations on investors. Amidst this landscape, the EU and China, major players in global trade and investment, …
Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders
Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders
Hatfield Graduate Journal of Public Affairs
Competition between the United States and China is at an all-time high. Despite decades of diplomacy between the East and West, recent trends suggest the two powers are drifting further apart. To understand US-China relations, it is critical to understand major developments as they occur. This paper examines the geopolitical significance of United States v. Meng (2020), an extradition case in which US authorities requested the transfer of Chinese tech executive Meng Wanzhou to American jurisdiction. Despite US policymakers declaring Meng and Huawei to be threats to national security, the eventual dismissal of all charges Meng faced presents a puzzle …
The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang
The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
In a previous essay, an attempt was made to demonstrate the important role that both theory and history play in helping us to understand and develop the common law of contract. As pointed out in that essay, a comprehensive treatment of the subject would require lengthy discourse in a book or even several books. This essay follows-up on that previous essay, again by way of preliminary reflections only, to correct the dominant perception that the development of the common law in general and contract law in particular is premised mainly on doctrinal development based on logic and analogy with the …
Veil Piercing In Singapore: A Proposed Approach, Ivan Wu Hwan Tang
Veil Piercing In Singapore: A Proposed Approach, Ivan Wu Hwan Tang
Singapore Law Journal (Lexicon)
Since 2013, the English courts have departed from the Singapore courts in their approach towards the doctrine of veil piercing. Notwithstanding this departure, as well as the general increase, over the years, in the number of cases in Singapore where veil piercing has been argued, the English approach has yet to be considered definitively by Singapore’s Court of Appeal. The other Singapore courts have thus generally also been unwilling and unable to decide on the applicability of the English approach in Singapore. Against this context, this article aims to consolidate and analyse the law on veil piercing in Singapore and …
The Effect Of Choice Of Court Agreements On Third Parties, Tiong Min Yeo
The Effect Of Choice Of Court Agreements On Third Parties, Tiong Min Yeo
Singapore Law Journal (Lexicon)
The effect of choice of court agreements on the exercise of jurisdiction of the Singapore court between contracting parties at common law has received clarification in Singapore law in recent years. The position is also clear under SICC Rules and the Choice of Court Agreements Act. The effect on third parties is less clear. In this article, the effect of choice of court agreements on the position of third parties under the legal regimes above will be considered, from the perspective of both conflict of laws and the Contracts (Rights of Third Parties) Act in domestic Singapore law. This article …
Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low
Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low
Singapore Law Journal (Lexicon)
The 2015 EWCA decision of Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle) [2015] EWCA Civ 745 casts doubt on the proposition that an inordinate lapse of time alone could operate as a bar to rescission. The court grounded the operation of delay in the doctrine of laches, but as this paper will find, laches is an unsatisfactory explanation for the effect of mere delay on one’s powers of rescission, requiring something more than lapse of time alone. Other competing theories like reference to the Limitation Act 1959 by analogy, and the Sale of Goods Act 1979, have been …
An Updated Account On The Similar Fact Rule, Siyuan Chen
An Updated Account On The Similar Fact Rule, Siyuan Chen
Singapore Law Journal (Lexicon)
The number of local decisions on the similar fact rule has increased quite significantly in the last few years. However, fundamental questions, ranging from the foundational (such as the existence or operation of any residual judicial discretion to exclude relevant evidence) to the discrete (such as whether the rule works differently in civil proceedings as compared to criminal proceedings, and how the rule operates vis-à-vis related rules of evidence), continue to be answered in rather different, arguably irreconcilable ways by the courts. This article analyses some of the recent key decisions in the light of established precedents and proposes that …
The Application Of The Totality Principle In Singapore, Zi Yang Wong
The Application Of The Totality Principle In Singapore, Zi Yang Wong
Singapore Law Journal (Lexicon)
When dealing with an offender who has been convicted of two or more distinct offences, the Court is faced with the issue of determining an appropriate aggregate sentence to be imposed. An aggregate sentence may offend the totality principle if it exceeds the length of the sentence imposed for the most serious offence, or if the sentence is “crushing” and not in keeping with the offender’s past record and future prospects. In deciding whether to vary a sentence on the grounds of the totality principle, the Courts have considered an offender’s overall criminality, advanced age, precedents and the possibility of …
An Abiding Commitment To The Death Penalty? Centrality Of The Rule Of Law In The Administration Of Capital Punishment In Singapore, Eugene K. B. Tan
An Abiding Commitment To The Death Penalty? Centrality Of The Rule Of Law In The Administration Of Capital Punishment In Singapore, Eugene K. B. Tan
Singapore Law Journal (Lexicon)
Capital punishment remains in use in Singapore. The Singapore government’s position is that the death penalty works in deterring the most serious crimes. Public trust and confidence remains healthy that the death penalty regime in Singapore has the requisite deterrent effect on criminals and has sufficient safeguards to prevent any miscarriage of justice. In 2012, the Singapore Parliament made significant amendments to the Penal Code and the Misuse of Drugs Act, marking a shift from the longstanding mandatory to a discretionary death penalty system for some of the most serious crimes. It demonstrates the authorities’ belief that the mandatory death …
The Limits Of Reliance On Reliance Damages? Case Comment: Liu Shu Ming And Another V Koh Chew Chee, Yu Jie Isabelle Lim
The Limits Of Reliance On Reliance Damages? Case Comment: Liu Shu Ming And Another V Koh Chew Chee, Yu Jie Isabelle Lim
Singapore Law Journal (Lexicon)
In Liu Shu Ming v Koh Chew Chee [2023] 1 SLR 1477 (“Liu Shu Ming (AD)”), the Court considered two questions on damages. These were, firstly, when a claimant would be able to claim reliance damages and secondly, whether a claimant would be able to claim reliance damages in the alternative to expectation damages. After considering these two issues, the Court seemingly expressed a preference for limiting claims for reliance damages to where it would be “impossible” or “extremely difficult” to prove expectation damages and not permitting claims for reliance damages in the alternative to expectation damages, or at the …
Sustainability And The Sunlight Of Disclosure: Esg Disclosure In Three Asian Financial Centres, Rachel Phang, Yaru Chia
Sustainability And The Sunlight Of Disclosure: Esg Disclosure In Three Asian Financial Centres, Rachel Phang, Yaru Chia
Research Collection Yong Pung How School Of Law
The prevailing paradigm of sustainable finance places great importance on environmental, social and governance (ESG) information and, therefore, on the mechanism of reporting and disclosure. This article presents, analyses and compares the approaches to ESG disclosure in three Asian financial centres: Singapore, Hong Kong and Shanghai. The article uncovers commonalities and divergences in the drivers, dynamics, content and trends of ESG disclosure in the selected jurisdictions. In doing so, it looks forwards, seeking to anticipate and shape the development of ESG disclosure in Asia. At the same time, it looks beyond ESG disclosure, remaining mindful that the mechanism itself is …
U.S. Government Agency Podcasts, Bert Chapman
U.S. Government Agency Podcasts, Bert Chapman
Libraries Faculty and Staff Presentations
Presents podcasts from U.S. Government agencies which can be discovered through the U.S. Government Publishing Office's Catalog of Government Publications. Agencies whose podcasts are presented include the National Institutes of Health, U.S. Peace Corps, U.S. Department of Agriculture, Government Accountability Office (GAO), National Park Service, Department of Justice, Federal Reserve System, and U.S. Naval War College.
Beyond The Ballots: An Exploration Of Indonesian Democracy Through The Lens Of Campaigning And Dynasticism In The 2024 Indonesian General Election, Alexandra Richmond
Beyond The Ballots: An Exploration Of Indonesian Democracy Through The Lens Of Campaigning And Dynasticism In The 2024 Indonesian General Election, Alexandra Richmond
Independent Study Project (ISP) Collection
This paper offers a comprehensive exploration of Indonesian democracy, focusing on the dynamics of campaigning and dynasticism within the context of the 2024 Indonesian General Election. Drawing on the anthropological frameworks of historical particularism and functionalism, the research employs a mixed-method approach, combining cultural and participant observation, archival review, and interviews. Through cultural and participant observations in Bali and Java, the study unveils the intricate connections between political support, community unity, and the influence of vote-buying practices. Archival review delves into contentious issues surrounding electoral laws, particularly the Constitutional Court's exception to the age requirement for presidential candidates, revealing conflicts …
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Application Of Singapore's New Rules On Service Out Of Jurisdiction: Three Arrows Capital And Nw Corp, Adeline Chong
Research Collection Yong Pung How School Of Law
No abstract provided.
Loose Ends In Singapore Equal Protection Doctrine, Wei Yao, Kenny Chng
Loose Ends In Singapore Equal Protection Doctrine, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
A trilogy of landmark Singapore Court of Appeal decisions has defined the landscape of constitutional equal protection doctrine in Singapore: Lim Meng Suang, Syed Suhail and Tan Seng Kee. While this trio of cases has laid the doctrinal foundation for the constitutional right to equality in Singapore, three loose ends remain for clarification. First, what is the relationship between the legal tests articulated in Syed Suhail and Lim Meng Suang? Second, what is the relationship between both steps in the Syed Suhail test? Third, what is the distinction between the Syed Suhail test and the common law judicial review ground …
Constitutional, Governance Or Market Failures: China, Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Constitutional, Governance Or Market Failures: China, Climate Change And Energy Transition, Henry S. Gao, Weihuan Zhou
Research Collection Yong Pung How School Of Law
Jinping announced China’s plan to further scale up its Intended Nationally Determined Contributions, aiming at achieving CO2 emissions peak before 2030 and carbon neutrality before 2060.2 A central element of the plan is reducing China’s heavy reliance on coal power. As a result, China’s use of coal already saw a steady decrease between 2013 and 2018. While coal demand increased in 2019 and 2020, new coal power plants approved in 2021 declined by approximately 58% compared to 2020.3 However, the good progress in energy transition was interrupted by the power outage sprawling over 20 provinces in China in September 2021, …
Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze
Multiple Proceedings And Abuse Of Procedure On Bri Disputes, Mariam Gotsiridze
Research Collection Yong Pung How School Of Law
This article argues that specific mechanisms and best practices should be adopted by different players in the Belt and Road Initiative (BRI) dispute resolution ecosystem to mitigate the risks of multiple proceedings and abuse of procedure. Specifically, (i) states should enhance their multilateral and bilateral treaty practices; (ii) arbitral institutions should enhance their arbitral rules as well as cooperate with each other; and (iii) states should direct more efforts to dispute prevention and amicable dispute settlement. This article will explain what these best practices and mechanisms are.
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Conceptualizing Condominium Law And Children: Comparing The State Of Strata Titles Law In New South Wales And Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
Purpose: This article conceptualises the legal relations embedded within condominium housing and the various theories of property ownership to ascertain how children’s interest fit within this framework. The laws of two jurisdictions, New South Wales and Singapore are examined to determine how their strata law responds when children’s safety is at stake. Design/methodology/approach: A comparative method using case law, statutes and secondary literature across both jurisdictions is adopted. This article also draws on various theories of property ownership. Findings: Drawing on pluralist moral theories of property law, the thesis advanced is that children’s issues within condominiums should not be subject …
Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu
Dissertations, Theses, and Capstone Projects
This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …
Promoting Ethnic Diversity In Public Housing: Singapore And England Compared, Edward Ti, Alvin W. L. See
Promoting Ethnic Diversity In Public Housing: Singapore And England Compared, Edward Ti, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Purpose: Although the Singapore model of ethnic integration through its public housing programme is well known, the formula for replicating its success elsewhere remains underexplored. This study aims to identify the criteria for successful transplantation, specifically by identifying the housing tenure types that are most amenable to the implementation of the Singapore model. Design/methodology/approach: Through a comparative study of two common law jurisdictions – Singapore and England – this article highlights the differences in their housing landscapes and how such differences impact upon the adoption of ethnic integration policies through housing. The article also unpacks, through a cross-disciplinary lens, the …
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Data Sovereignty And Trade Agreements: Three Digital Kingdoms, Henry S. Gao
Research Collection Yong Pung How School Of Law
For centuries, international lawyers have wrestled with the relationship between national sovereignty and international law. This is also the case of international trade law, where the tension between trade liberalization and national sovereignty culminated in the famous “Great 1994 Sovereignty Debate” between the late Prof. John Jackson and other leading scholars when the WTO came into being. As we enter the digital age, the issue of sovereignty resurfaced once again in the form of data sovereignty. In this paper, I will examine provisions in trade agreements which deal with data sovereignty issues, such as restrictions on data flow such as …
Equity And Trusts, Hang Wu Tang, Yong Seng Tay
Equity And Trusts, Hang Wu Tang, Yong Seng Tay
Research Collection Yong Pung How School Of Law
Ivanishvili, Bidzina v Credit Suisse Trust Ltd' ("Ivanishvili") is a landmark trust case which makes major contributions to the law on trustee's duties in a settlor reserved power trust, anti-Bartlett clauses and constraints on the trustee's right to amend the trust deed. An appeal has been allowed in part by the Court of Appeal in Credit Suisse Trust Limited v Ivanishvili, Bidzina. The Court of Appeal's decision will be considered in next year's review. The present review of this case focuses on the decision of Patricia Bergin IJ. Mr Bidzina Ivanishvili ("Plaintiff"), his wife and their three children, were the …
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Belt And Road Initiative: Legal Mechanism To Recover Stolen Assets, Veltrice Tan
Singapore International Dispute Resolution Academy
Purpose: This paper aims to determine the types of legal mechanisms that authorities can use to recover stolen assets for and from China. Design/methodology/approach: Newspaper articles and books are examined as are relevant reports by various regulatory authorities and academic institutions. Findings: The effectiveness of legal mechanisms in the recovery of stolen assets may be affected by issues such as the difficulties in tracing illicit funds, the ambiguous nature of “value” as well as the rise in technology. Research limitations/implications: There are limited data available in relation to the prevalence of corrupt officials along the Belt and Road Initiative and …
Navigating Sexual Consent In Japan, Samara Mizutani Cesar
Navigating Sexual Consent In Japan, Samara Mizutani Cesar
Graduate Theses/Dissertations
Employing an exploratory sequential research design, including focus groups and an online survey, this thesis explores the factors influencing how Japanese people navigate the gray zones of sexual consent. This study not only addresses gaps in the literature on sexual consent but also provides a preliminary understanding of Japanese individuals’ perceptions, beliefs, behaviors, and experiences in ambiguous sexual interactions, which is particularly meaningful given Japan’s recent legal revisions and changing sociocultural landscape. Findings indicated the impact of traditional sexual scripts on consent perceptions, with gender and relationship norms contributing to the dismissal of sexual assaults within specific relationships. It was …
Expropriation Of Shares Via The Corporate Constitution, Stephen Bull
Expropriation Of Shares Via The Corporate Constitution, Stephen Bull
Research Collection Yong Pung How School Of Law
Company constitutions sometimes include powers to effect compulsory share acquisitions from members. Where these are introduced into the constitution after incorporation, the amendment, like all constitutional alterations, must be able to satisfy the common law “bona fide test” in order to be valid. The content of this test has been much debated since the first cases a century ago, and differences in view have emerged from the English and Australian courts. While there is no local case law on such expropriations per se, the High Court recently confirmed for the first time the applicability in Singapore of the common law …
Singapore’S Emerging Regulatory Approach To Stablecoins, Rachel Phang
Singapore’S Emerging Regulatory Approach To Stablecoins, Rachel Phang
Research Collection Yong Pung How School Of Law
The Monetary Authority of Singapore's vision to develop "an innovative and responsible digital asset ecosystem" has placed stablecoins firmly on the regulatory agenda. Stablecoins, as cryptoassets designed to maintain a stable value, are regarded as having the potential to serve as a tenable medium of exchange for the digital asset ecosystem - so long as they are well-regulated and securely backed. Both this vision of a flourishing digital asset ecosystem, as well as the specter of the instability wrought by the recent algorithmic stablecoin collapse, speak to the need for sound regulation of stablecoins. This article therefore seeks to critically …
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Similar Fact Evidence In Contractual Interpretation: Bhoomatidevi D/O Kishinchand Chugani Mrs Kavita Gope Mirwani V Nantakumar S/O V Ramachandra And Another [2023] Sghc 37, Calvin John Kaiwen Chirnside
Research Collection Yong Pung How School Of Law
In the recent Singapore High Court case of Bhoomatidevi d/o Kishinchand Chugani Mrs Kavita Gope Mirwani v Nantakumar s/o v Ramachandra and another [2023] SGHC 37, the claimant argued, inter alia, that evidence of a prior contract between the first defendant and a third party should be admitted to prove that the defendant had entered into a loan agreement with her in his personal capacity. Justice Lee Seiu Kin dismissed her claim, applying s. 14 of the Evidence Act.
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …
Not Why, But How: Applying The Sharp Edge Of The Law In Administrative Law Judicial Review In Singapore, Tan K. B. Eugene
Not Why, But How: Applying The Sharp Edge Of The Law In Administrative Law Judicial Review In Singapore, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The management and control of power, and, in particular, the endeavour to strike the appropriate balance between affording governments the ability to act swiftly and decisively in the public interest while providing for adequate safeguards against governmental excess, is an intensely difficult undertaking. There is no one model that is correct for all times and all places.