Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Singapore Management University (929)
- University of Denver (65)
- University of Maryland Francis King Carey School of Law (26)
- Loyola Marymount University and Loyola Law School (18)
- University of Colorado Law School (15)
-
- Maurer School of Law: Indiana University (13)
- SIT Graduate Institute/SIT Study Abroad (10)
- Embry-Riddle Aeronautical University (8)
- Purdue University (8)
- University of Rhode Island (8)
- City University of New York (CUNY) (7)
- Brigham Young University Law School (5)
- DePaul University (5)
- University of Kentucky (5)
- Association of American Law Schools (4)
- Bemidji State University (4)
- Liberty University (4)
- Old Dominion University (4)
- Claremont Colleges (3)
- University of Nebraska - Lincoln (3)
- Universitas Indonesia (2)
- Yale University (2)
- American University in Cairo (1)
- Arcadia University (1)
- Eastern Washington University (1)
- Florida A&M University College of Law (1)
- Georgia Southern University (1)
- James Madison University (1)
- Missouri State University (1)
- Montclair State University (1)
- Keyword
-
- Singapore (211)
- China (126)
- Human rights (66)
- WTO (25)
- Asia (24)
-
- India (24)
- COVID-19 (22)
- ASEAN (19)
- Mediation (19)
- United States (18)
- Japan (17)
- Courts (16)
- Constitutional law (15)
- Pandemic (15)
- Public health (15)
- Peace (14)
- Singapore Management University (14)
- Corruption (13)
- International law (13)
- Taiwan (13)
- Tax Law (13)
- Hong Kong (12)
- Law (12)
- Trade (12)
- Taxation (11)
- Corporate governance (10)
- Covid-19 (10)
- Dispute resolution (10)
- Law cases (10)
- RCEP (10)
- Publication Year
- Publication
-
- Research Collection Yong Pung How School Of Law (860)
- Human Rights & Human Welfare (63)
- Maryland Series in Contemporary Asian Studies (26)
- Singapore Law Journal (Lexicon) (21)
- Monsoon: South Asian Studies Association Journal (16)
-
- Articles by Maurer Faculty (10)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (10)
- Independent Study Project (ISP) Collection (10)
- International Bulletin of Political Psychology (8)
- SMU Press Releases and News (8)
- Dignity: A Journal of Analysis of Exploitation and Violence (7)
- Research Collection School of Social Sciences (7)
- Centre for Commercial Law in Asia (5)
- International Human Rights Law Journal (5)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (5)
- Research Collection Lee Kong Chian School Of Business (5)
- Brigham Young University International Law & Management Review (4)
- Journal of Legal Education (4)
- Libraries Faculty and Staff Scholarship and Research (4)
- Political Science Theses and Capstones (4)
- Dissertations, Theses, and Capstone Projects (3)
- Libraries Faculty and Staff Presentations (3)
- MPA/MPP/MPFM Capstone Projects (3)
- Publications and Research (3)
- Research@SMU: Connecting the Dots (3)
- Senior Honors Theses (3)
- Student Publications (3)
- Electronic Theses and Dissertations (2)
- Graduate Program in International Studies Theses & Dissertations (2)
- Honors College Theses (2)
- Publication Type
- File Type
Articles 661 - 690 of 1176
Full-Text Articles in Asian Studies
Breach Of Agreement Versus Vexatious, Oppressive And Unconscionable Conduct: Clarifying Their Relationship In The Law Of Anti-Suit Injunctions, Wei Yao, Kenny Chng
Breach Of Agreement Versus Vexatious, Oppressive And Unconscionable Conduct: Clarifying Their Relationship In The Law Of Anti-Suit Injunctions, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Cases warranting the grant of an anti-suit injunction can be divided into three main categories: breach of agreement, vexatious, oppressive, or unconscionable conduct, and abuse of process. A series of Singapore cases have demonstrated that the boundaries between the first two categories are ambiguous in Singapore law. This ambiguity reflects a lack of clarity about the principles underlying anti-suit injunctions and creates uncertainty as to the applicable analysis for each category. This article argues that the two categories should be distinct in kind, with both categories remaining part of the court’s equitable jurisdiction. Such an approach will provide a good …
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Some Thoughts On A Record-Breaking 2014/15 Season For Singapore’S International Mooters, Siyuan Chen
Some Thoughts On A Record-Breaking 2014/15 Season For Singapore’S International Mooters, Siyuan Chen
Research Collection Yong Pung How School Of Law
Singapore has an extremely proud tradition in international moot court competitions. The famous NUS’82 team which won Singapore’s first Jessup championship comprised members who have all gone on to become Senior Counsel; one is now a High Court Judge (Steven Chong) and another, the Attorney-General (VK Rajah). Videos of championship finals featuring Singapore mooters continue to be used as training tools by universities all over the world, especially the 2001 Jessup final featuring the first and only person to have ever won the two largest moots, the Jessup and the Vis. And in that same year (2001), NUS won arguably …
Restitution [2014], Man Yip
Restitution [2014], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Misconduct And The Division Of Matrimonial Assets: Clarification From The Court Of Appeal Chan Tin Sun V Fong Quay Sim [2015] Sgca 2, Siyuan Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Kaset Rojananil [Thailand, Royal Thai Armed Forces], Kaset Rojananil
Kaset Rojananil [Thailand, Royal Thai Armed Forces], Kaset Rojananil
Digital Narratives of Asia
Kaset Rojananil was the Supreme Commander of the Royal Thai Armed Forces during the Black May riots of 1992 and was involved in the 1991 coup to overthrow the government of Chatichai Choonhavan. He gives DNA his take on those events as well as what it takes to be a leader in the military.
Restitution [2014], Man Yip
Restitution [2014], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
An applicant for leave to bring a statutory derivative action in Singapore is required to satisfy the court as to, inter alia, his good faith. Although the statutory language places the burden of doing so on the applicant, Singapore courts have tended to assume the presence of good faith if the claim is a legitimate one. This approach, which denigrates the requirement of good faith, was recently disapproved by the Singapore Court of Appeal. This notwithstanding, subsequent cases have reverted to the earlier position, casting doubt on the utility of the requirement. This paper considers good faith, and argues that …
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
International Human Rights Law Journal
Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …
Killing New Vistas With The Over-Regulation Of Recreational 'Drone' Use, Siyuan Chen
Killing New Vistas With The Over-Regulation Of Recreational 'Drone' Use, Siyuan Chen
Research Collection Yong Pung How School Of Law
In the last few years, there has been a dramatic increase in the use of remote-controlled copters – often given the convenient but misleading epithets of unmanned aerial vehicles or “drones” – by recreational users to capture aerial photographs and videos on an unprecedented scale. Asia is no exception. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation, GPS-enabled flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot with reasonable safety. Thus far, despite purported controversies there have not been any reports of serious …
Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo
Hague Convention On Choice Of Court Agreements 2005: A Singapore Perspective, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
When Singapore joined the Hague Conference on 9 April 2014, it was widely anticipated that it would adopt the Hague Convention on Choice of Court Agreements 2005. This article explores the differences between the Convention regime and the common law position in Singapore, the likely effects of the adoption of the Convention under Singapore law, as well as the considerations that are likely to influence Singapore's approach to the adoption of the Convention.
Drug Traffickers' Deaths: Criticisms Of Laws Not All Fair, S. Chandra Mohan
Drug Traffickers' Deaths: Criticisms Of Laws Not All Fair, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
This is a comment on the western media frenzy over the executions of eight drug traffickers in Indonesia. The commentary looks at whether the anguish over the executions following a conviction and appeals to higher courts in accordance with Indonesian law, apart fromn the loss of life,was well placed.
Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong
Good Faith: Helping Commercial Parties Or Creating An Unnecessary Burden?, Ee-Ing Ong
Research Collection Yong Pung How School Of Law
One of the challenges facing Asian legal systems in the coming years is whether the courts should impose a general duty of good faith in contracts. The doctrine of good faith has been making inroads in various common law jurisdictions, most recently in Canada where the Supreme Court held in Bhasin v. Hrynew, 2014 SCC 71 that there was a duty of honest performance in all contracts. The idea behind imposing a duty of good faith in all contracts is to ensure that parties essentially “play fair” in contract negotiations and/or performance. However, is such a duty really necessary for …
Opening Address By Ms Indranee Rajah At The Launch Of Applied Research Centre For Intellectual Assets And The Law In Asia (Arciala), Singapore Management University
Opening Address By Ms Indranee Rajah At The Launch Of Applied Research Centre For Intellectual Assets And The Law In Asia (Arciala), Singapore Management University
SMU Press Releases and News
No abstract provided.
The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps
The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps
Political Science Theses and Capstones
The Cold War has been studied repeatedly since the war supposedly ended in 1991. However recent events are starting to cause some concern and make many question whether or not the Cold War actually ended, if it took a different shape or perhaps has just been on pause. I argue that the Cold War has been a conflict that has been going on since 1947 and although the conflict has looked differently in recent decades the conflict was never properly put to an end. The research analyzes US decision making with respect to Russian and Asian relations over the last …
Placeness: Mongolia A Call For The Creation Of A Human Impact Assessment, C. Winston Kies
Placeness: Mongolia A Call For The Creation Of A Human Impact Assessment, C. Winston Kies
Independent Study Project (ISP) Collection
Sense of place, place-‐based identities, and “placeness” are fundamental ways through which human beings understand their physical place in the world. The means by which most Mongolians—and indeed most human beings—strive for placeness is fairly simple. First, one decides what location will become their place. Their place may be predetermined (i.e. a birthplace) or chosen (based on the wildlife, the scenery, the neighborhood, etc.). Once one has a place, sense of place necessarily follows. One’s place becomes the standard by which locations are understood, and by which one understands oneself. The latter process constitutes the formation of place-‐based identities, which …
Global Hegemon: Chinese Foreign Policy Shifts And Elevated Unpko Involvement, Alex Berge
Global Hegemon: Chinese Foreign Policy Shifts And Elevated Unpko Involvement, Alex Berge
Political Science Theses and Capstones
A common question being asked in many circles is whether China will emerge as a potential rival to the U.S. as a global superpower? If the answer to this question is “yes” many ask how China will accomplish this. Research suggests that China will obtain superpower status through increased global presence and more cooperation in international organizations, specifically United Nations Peacekeeping Operations (UNPKO). The literature examines Chinese policy changes that allow for more contributions and activity in UNPKOs and also what missions China can now participate in from which it would have formerly abstained. The preliminary results have shown massive …
Does The Obligation To Obtain The Consent Of A Third Party Extend To Taking Further Steps After Rejection?, Yihan Goh
Research Collection Yong Pung How School Of Law
The question posed in the Court of Appeal case of The One Suites Pte Ltd v Pacific Motor Credit (Pte) Ltd [2015] SGCA 21 (“The One Suites”) was whether an obligation to use all reasonable endeavours to obtain the consent of a third party extends to taking further steps after the third party had refused to give such consent. To this, the Court, with Andrew Phang Boon Leong JA writing its grounds of decision, answered, “it depends but largely no”. More precisely, the Court said that while there almost invariably will be an implied obligation to use all reasonable endeavours …
Free Trade Agreements: Singapore Legal Developments, Locknie Hsu
Free Trade Agreements: Singapore Legal Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
Singapore has entered into a number of bilateral Free Trade Agreements (FTAs) with its trading partners. These FTAs vary in scope and commitments. As a result, Singapore’s legal environment and laws have seen some changes. Many of these changes would interest those who do business with or invest in Singapore. While this section does not attempt to provide comprehensive information on all changes resulting from treaty commitments, it highlights salient changes for those trading or investing in Singapore. The developments highlighted here include changes made to Singapore legislation, as well as legal commitments made by Singapore as a result of …
Mediation, Seng Onn Loong, Dorcas Quek Anderson
Mediation, Seng Onn Loong, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.
Killing To Save: Trophy Hunting And Conservation In Mongolia, Lucy Page
Killing To Save: Trophy Hunting And Conservation In Mongolia, Lucy Page
Independent Study Project (ISP) Collection
Since transitioning to capitalism in 1990, Mongolia’s wildlife has faced growing threats from the development of infrastructure, increasing livestock populations, and the expansion of an illegal trade in wildlife products. As wildlife populations face these growing risks, Mongolia needs to develop and implement strong wildlife management practices, including tighter enforcement of existing wildlife trade laws, more frequent wildlife population studies, and better legislation. However, these revisions will require significant funding. Trophy hunting, the system through which the Mongolian government sells wealthy foreigners expensive permits to hunt species like argali, ibex, wolf, and roe deer, may be a major source for …
Non-Delegable Duty Of Care: Woodland V Swimming Teachers Association And Beyond, Kee Yang Low
Non-Delegable Duty Of Care: Woodland V Swimming Teachers Association And Beyond, Kee Yang Low
Research Collection Yong Pung How School Of Law
The subject of non-delegable duty of care has troubled Judges and jurists alike. This article examines the recent Woodland case, where the UK Supreme Court attempted to provide a comprehensive and coherent legal framework.
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This Article examines the evolution of international law as a professional and intellectual discipline in the Republic of China (ROC), which has governed Mainland China (1912–1949) and post-1949 Taiwan. The ROC’s centennial development fundamentally shaped modern China’s course of foreign relations and postwar global governance. The Article argues that statism, pragmatism, and idealism define the major features of the ROC’s approach to international law. These characteristics transformed the law of nations into universally valid normative claims and prompted modern China’s intellectual focus on the civilized nation concept. First, the Article analyzes the professionalization of the discipline of international law. It …
Liberalizing Trade In Legal Services Under Asia-Pacific Ftas: The Asean Case, Pasha L. Hsieh
Liberalizing Trade In Legal Services Under Asia-Pacific Ftas: The Asean Case, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article examines the liberalization of trade in legal services in the Association of the Southeast Asian Nations (ASEAN) and its reform prospects to meet the challenges of multi-jurisdictional practice. It argues that while the ten-country bloc pledges to progressively liberalize the legal sector, ASEAN commitments under free trade agreements (FTAs) constitute merely ‘paper commitments’. To achieve the goal of the ASEAN Economic Community to form a single market and production base, a feasible, incremental roadmap is imperative to integrate the legal services market. The article first analyzes the economic impact of foreign law firms on ASEAN’s legal capacity building …
East Asian Trusts At The Crossroads, Ying Chieh Wu
East Asian Trusts At The Crossroads, Ying Chieh Wu
Research Collection Yong Pung How School Of Law
The purpose of this article is to scrutinize the legal structure of trusts in Japan, SouthKorea and Taiwan. The so-called infrastructure of the private law of these jurisdictions is rooted in theRoman-Germanic basis, which adopts dichotomous system in respect of that area of privatelaw dealing with property: the law of property and that of obligation. However,the adoption of the trust has caused some problems. Though controversial, thecontract-based view seems to be the majority view in the East Asian civiljurisdictions, yet the property-based view dominates the commonlaw world. However, being influenced by common law, the property-approach isalso asserted by some commentators …
Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee
Foreign Precedents In Constitutional Adjudication By The Supreme Court Of Singapore, 1963-2013, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article surveys the use of foreign precedents in constitutional adjudication by the Supreme Court of Singapore for over a half century during the terms of the first three Chief Justices—Wee Chong Jin (1963–1990), Yong Pung How (1990–2006), and Chan Sek Keong (2006–2012)—and the first year in office of the fourth Chief Justice, Sundaresh Menon (2012–2013). It concludes that while judges have always cited foreign case law, they have only actually applied foreign cases where the wording of the Constitution and the constitutional arrangements in Singapore are fairly analogous to the constitutional texts and arrangements upon which the cases were …
Whither The Future Of Internet Streaming And Time-Shifting? Revisiting The Rights Of Reproduction And Communication To The Public In Copyright Law After Aereo, Cheng Lim Saw, Warren B. Chik
Whither The Future Of Internet Streaming And Time-Shifting? Revisiting The Rights Of Reproduction And Communication To The Public In Copyright Law After Aereo, Cheng Lim Saw, Warren B. Chik
Research Collection Yong Pung How School Of Law
New forms of communication technology often pose challenges to the copyright regime and have necessitated the rewriting of the scope of the exclusive rights and exceptions by the legislature, and, in some cases, by the courts in common law countries (as well as the Court of Justice of the European Union). These issues have arisen in different categories of digital technology, albeit with the same objective of streamlining and simplifying the delivery of copyright works to consumers. These categories include file storage and transfer operations offered by Peer-to-Peer technology, the space- and time-shifting functions of the early video and audio …
Case Comment: Golden Season Pte Ltd And Others V Kairos Singapore Holdings Pte Ltd And Another [2015] Sghc 38, Gary Kok Yew Chan
Case Comment: Golden Season Pte Ltd And Others V Kairos Singapore Holdings Pte Ltd And Another [2015] Sghc 38, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This 111-page judgement has highlighted a number of significant points of law relating to the treatment of Facebook postings, emails and SMS texts in the tort of defamation. They relate primarily to the legal requirements of establishing defamatory meaning, reference to the plaintiff and defences. In addition, the case examines the awards of general and special damages as well as the viability of awarding aggravated damages to corporate plaintiffs. Apart from the plaintiff’s actions in defamation and malicious falsehood, the defendant successfully counterclaimed for copyright infringement but failed in the action based on passing off. This brief case comment focuses …
预算幸与堕韧的中严阶层, Tan K. B. Eugene
预算幸与堕韧的中严阶层, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.