Asian Studies Commons^™

Upholding The Integrity Of The Ncmp Scheme, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Last Friday’s combative parliamentary debate on filling Ms Lee Li Lian’s vacated Non-Constituency Member of Parliament (NCMP) seat offered a foretaste of the dynamics between the ruling People’s Action Party (PAP) and the Workers’ Party’s (WP) in the 13th Parliament.

External Forces, Internal Dynamics: Foreign Legal Actors And Their Impact On Domestic Affairs (Book Review), Jayanth K. Krishnan, Vitor M. Dias, Martin Hevia

Articles by Maurer Faculty

This Review examines the influence of foreign legal actors on jurisdictions that are not their own. Rachel Stern, a scholar of China, reflects on this point in her groundbreaking book published in 2013. In her penultimate chapter, Stern discusses how such foreign legal actors wield influence in China because of their presence on the ground. Building off of Stern's research, this Review proceeds to ask whether foreign legal actors can influence a domestic environment when that environment prohibits them from permanently working there. The analysis below will suggest so, arguing that the forces of globalization can enable foreign legal …

The Politics Of Mental Health: A Comparative Study Of Policy Adoption And Implementation In Germany And Japan, Luis Diego Campos

Honors Undergraduate Theses

In the aftermath of World War II, the Liberal Democratic Party of Japan followed Germany’s blueprint in fashioning a universal health coverage system. Comparisons to Germany’s welfare state during this same time period reveal markedly different social and mental health policy practices, as Germany’s Christian Democratic Union and Social Democratic Party cooperated toward progressive policies while the Liberal Democratic Party largely neglected social welfare expansion. The effect of these practices is reflected in budgetary provisions, institutionalization practices, and mental health epidemiology. This research finds that a favorable economic climate allowed the Liberal Democratic Party to politically isolate the Social Democratic …

No U-Turn Needed On The Elected Presidency, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Associate Professor of Law Eugene Tan cited the commentary "Let's talk about policy failures and the elected presidency" by Professor Kishore Mahbubani, where the latter argued that Singapore’s policy of an elected presidency should be revisited, and perhaps "the time has come to do a U-turn", stop having direct elections and go back to the previous practice of having Parliament elect the president. While Associate Prof Tan noted that Prof Mahbubani's concern is legitimate, he emphasised that the way forward is not a U-turn, but rather, a collective effort to determine how we can reduce the likelihood of electing …

Much On The Agenda In New Term Of Parliament, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan highlighted several key issues as President Tony Tan Keng Yam opens the 13th Parliament’s five-year term tomorrow, which include the challenges facing the fourth generation (4G) leaders, the role of the Worker’s Party, as well as the critical issues for Parliament to tackle. Associate Prof Tan said that the 4G leaders will have to develop individual and collective identities and be able to win the confidence and trust of Singaporeans as the leadership transition substantially progresses further in the next few years. He noted that the critical issues for Parliament …

Corporate Reorganisation Of China’S Listed Companies: Winners And Losers, Zinian Zhang

Research Collection Yong Pung How School Of Law

This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …

A Closer Look At Ncmp, Elected President Reforms, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The proposed changes to the political system continue the Government’s narrative that political reforms ought to enhance Parliament’s representativeness and increase Singaporeans’ civic participation. They reinforce the Government’s abiding belief that the political system must produce a Government with a clear mandate, demonstrated through a strong parliamentary majority, for it to govern resolutely and decisively in the long-term interests of Singapore.

The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the …

Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang

Research Collection Yong Pung How School Of Law

This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme issued …

China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim

Research Collection Yong Pung How School Of Law

Despite its rich metallic mineral resources on land,1 the People’s Republic of China (China) has been actively exploring for deep seabed minerals in the international seabed area (the Area).2 The legal framework is provided by the United Nations Convention on the Law of the Sea (LOSC).3 China and the Russian Federation are the only States currently sponsoring exploration of all three types of deep seabed mineral deposit in the Area (polymetallic nodules in the Clarion-Clipperton Fracture Zone, seafloor massive sulphides in the South West Indian Ridge, the Central Indian Ridge, and the Mid-Atlantic Ridge, and cobalt-rich ferromanganese crusts in the …

Why Foreign Policy Principles Persist: Understanding The Reinterpretations Of Japan’S Article 9 And Switzerland’S Neutrality, Yuki Numata

Pomona Senior Theses

This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the …

The Illegality Defence In Corporate Law Claims Against Directors And Officers, Wai Yee Wan

Research Collection Yong Pung How School Of Law

If a company incurs substantial fines or other pecuniary losses as a result of its unlawful conduct, can the company obtain an indemnity from its director/officer for having caused the company to incur such fines and losses? In particular, can the director/officer utilise the defence of illegality, notwithstanding that he has breached his duties owed to the company? The illegality defence, which raises the twin issues of the relationship between the unlawful act to the corporate claim and the attribution of the unlawful act to the company, has been the subject of detailed analysis recently in England, Singapore and Hong …

The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen

Research Collection Yong Pung How School Of Law

In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …

Going Beyond Exams In Educating A Nation, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Today’s the start of the new school year for thousands of students in Singapore: A new beginning, especially for those transitioning from primary to secondary schools. School is such a significant part of our lives, especially in today’s knowledge-based economy.

Accessory Liability In Tort And Equity, Pey Woan Lee

Research Collection Yong Pung How School Of Law

Unlike the position in criminal law, there does not currently exist a general doctrine of accessory liability in civil law. Thus, a person may be liable as an accessory in equity for dishonestly assisting with a breach of trust, but there is no tort for dishonest assistance. Rather, one who participates in another's tort will only be liable if he is a joint tortfeasor acting pursuant to a common design with the primary tortfeasor. This article examines the reasons for this divergence and evaluates the case for their assimilation. It observes that, contrary to common perception, the scope of participatory …

Learn To Play, Play To Learn: Designing A Digital Board Game For A Law Of Torts Class, Gary Kok Yew Chan, Swee Liang Tan, Khe Foon Timothy Hew, Li Siong Lim, Bernie Grayson Koh

Research Collection Yong Pung How School Of Law

This paper documents the learning journey and outcomes of designing an electronic roll-and-move board game, The Grade Inflation Game (GIGAME). It was developed by the Centre for Teaching Excellence (CTE) for classes conducted in the School of Law at the Singapore Management University (SMU). It investigates the effectiveness of using an electronic board game in teaching and learning. Based on the survey on 64 student-players of the game, the study revealed that the game enabled students to consolidate objective skills and knowledge while having 'serious' fun.

Criminal Law Act Is Useful — But Handle With Care, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a significant decision last week, Singapore’s highest court ruled that alleged global football match-fixer Dan Tan Seet Eng’s preventive detention was unlawful. His detention went beyond the scope of discretionary power vested in the Minister for Home Affairs under the Criminal Law (Temporary Provisions) Act (CLTPA). The court’s ruling drew criticisms from a former Interpol chief and, ironically, FIFA, football’s graft-ridden governing body.

We Built This City: Public Participation In Land Use Decisions In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

This article considers the extent to which the legal framework for making land use decisions in Singapore allows for public participation. It examines the issue from two angles: the creation and preservation of the built environment, and the transient use of public space. The first angle is discussed primarily from a heritage law viewpoint, focusing on planning law, compulsory acquisition law, and the legal regime for creating national monuments. As for the second angle, the article looks at how the use of common spaces for assemblies and processions is regulated. The foregoing are examined in the context of Edward Soja’s …

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua

Research Collection Yong Pung How School Of Law

Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.

The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan

Research Collection Yong Pung How School Of Law

No abstract provided.

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …

Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander

Research Collection Yong Pung How School Of Law

This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …

China's Nine-Dashed Map: Continuing Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

Lucky To Be Singaporean, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Op-ed about being Singaporean, in our historic 2015 elections.

"In the midst of our historic elections, I would like to remind Singaporeans that there remains a wider world out there. That our concerns about CPF money, high housing prices, rising income inequality, foreign workers, transportation woes, and the AHPETC saga, while important, are nonetheless First World problems. We have the luxury of arguing about them because we don’t have to worry about the fundamental problems of survival. Literally.

Thus, as we consider what we would like our country to look like in the coming years, I suggest that we first …

The Singapore Legal System, Eugene K. B. Tan, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The Singapore legal system is a rich tapestry of laws, institutions, values, history and culture. Like the Singapore-made quilt, each strand of the legal system is woven together to form a jurisprudential kaleidoscope bounded by a unique national identity.

The legal system will inevitably undergo tension as socio-economic and politico-legal changes unfold with increased globalisation and regionalisation. Thus, Singapore has to respond swiftly and deftly in creating new laws and institutions or adapting existing ones.

In this regard, Singapore is and has been ready and willing to learn from the legal developments taking place in foreign jurisdictions with similar aspirations. …

Assessment Of Damages In Intellectual Property Cases: Some Recent Examples Of "The Exercise Of A Sound Imagination And The Practice Of A Broad Axe"?, Gordon Ionwy David Llewelyn

Research Collection Yong Pung How School Of Law

There are few cases outside the US that deal with the assessment of damages for infringement of intellectual property rights. When they do, as Lord Shaw said: “[It involves] the exercise of a sound imagination and the practice of the broad axe.” This article discusses decisions where the infringer has ended up paying at the low end of what it would have paid as a legitimate user. One of the fundamental rights of the owner of an intellectual property right is the freedom to decide if others can use it, so the courts’ concern to avoid high awards can mean …

Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia.In order …

Why Ahpetc Is A National Issue In 2015, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

With tomorrow being the last day of the hustings, the battle for the hearts and minds of 2.46 million Singaporean voters takes on greater urgency and poignancy. Any misstep by the nine political parties and their candidates at this late stage might well be game changing.