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Articles 31 - 60 of 934
Full-Text Articles in Asian Studies
Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo
Equitable Obligations And Property In Choice Of Law, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
This chapter argues against the unitary characterisation, for choice of law purposes, of equitable principlesas they apply to claims relating to property as either property or obligation, and that they should be characterised as property or obligation in accordance with the functions of the equitable principles in each instance.
The Overlooked Reality Of Shareholder Activism In China: Defying Western Expectations, Chun Zhou, Wei Zhang, Dan W. Puchniak
The Overlooked Reality Of Shareholder Activism In China: Defying Western Expectations, Chun Zhou, Wei Zhang, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
Despite shareholder activism being in the global spotlight, shareholder activism in China – the world’s second largest economy – remains largely a black box. Using unique hand collected data, we reveal the overlooked reality that shareholder activism in China is thriving – with 156 major shareholder activist campaigns, over two-thirds of which have occurred in the last five years. Contrary to Western conventional wisdom, we find that whether the target company is a private owned enterprise (POE) or state-owned enterprise (SOE), has no statistically significant effect on the success of activist campaigns. Private shareholders have undertaken, and in over half …
Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow
Andrew Phang (Gen. Ed.), Pioneer, Polymath And Mentor: The Life And Legacy Of Yong Pung How, Kwan Ho Lau, Bryan Leow
Research Collection Yong Pung How School Of Law
Many know the story of modern Singapore in broad outline. When the country attained independence in 1965, it was not industrialised and fishing villages still dotted the landscape. By 1990, GDP per capita had risen to around US$13,000, far exceeding its neighbours and on par with Hong Kong and New Zealand. A further three decades on, Singapore today boasts gleaming skyscrapers, well-developed infrastructure and a high degree of trust by residents and investors alike in its government.
Financial Regulation, Aurelio Gurrea-Martinez, Nydia Remolina Leon
Financial Regulation, Aurelio Gurrea-Martinez, Nydia Remolina Leon
Research Collection Yong Pung How School Of Law
No abstract provided.
Was 2024 A Good Year For You? Let’S Review Your Yardsticks…, Seow Hon Tan, Su Ching Lim
Was 2024 A Good Year For You? Let’S Review Your Yardsticks…, Seow Hon Tan, Su Ching Lim
Research Collection Yong Pung How School Of Law
This op-ed encourages all to reflect on their year and examine whether they have lived meaningfully according to their yardstick of meaning, the legacy they want to leave behind, and whether their talents and credentials are empowering and enabling, rather than restricting them. It is written as part of a research project examining success and flourishing in Singapore.
Disputing Personal Data In The Eu-China Comprehensive Agreement On Investment, Mark Mclaughlin
Disputing Personal Data In The Eu-China Comprehensive Agreement On Investment, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
This chapter analyses the emerging data realms in China and the European Union against the backdrop of the Comprehensive Agreement on Investment (CAI). It examines the link between data protection and investment flows and undertakes a comparative analysis of the PIPL and GDPR. Moreover, this chapter will also analyse the Digital Silk Road in promoting China’s model of data sovereignty. While early trade and investment agreements did not consider data relevant for the regulation of cross-border commerce, modern treaties are increasingly cognisant of rules for data protection. As such, the data-related provisions of the CAI will be placed in the …
China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott
China In The Unclos And Bbnj Negotiations, Yesterday Once More?, Nengye Liu, Shirley V. Scott
Research Collection Yong Pung How School Of Law
This paper compares China’s stance during the UNCLOS negotiations – the starting point of contemporary law of the sea, with its engagement in the latest development of BBNJ negotiations. It answers the question, how does China participate in these two important rules-making processes of the international law of the sea? By identifying salient positions China took in each set of lengthy negotiations and explaining the reasons behind, the paper also aims to reflect what a rising China may bring to the international legal maritime order in the foreseeable future. The first part of this paper, on the nature of China’s …
A Review Of The 2023/24 International Moots Season, Siyuan Chen
A Review Of The 2023/24 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the 10th annual review1 of Singapore’s performance in international moot court competitions.2 In the highest-tier or Grand Slam competitions,3 SMU won the International Criminal Court world championship for the 5th time (increasing its lead as the tournament record holder for the most world championships), won the Lachs Space Moot world championship in Milan after winning the regional title in Tokyo, and reached the Price world championship final in Oxford for a record 7th time. Other notable results include SMU winning the Refugee and Migration Moot in its debut, winning the Fletcher Insolvency Moot for a record 3rd time, …
China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao
China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao
Research Collection Yong Pung How School Of Law
China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …
Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng
Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng
Research Collection Yong Pung How School Of Law
Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …
How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons From Past Cases And The Way Forward, Benjamin Joshua Ong
How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons From Past Cases And The Way Forward, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
In the past, Malaysian courts performing constitutional rights review played a merely clerical role, applying a test that was trivially easy for legislation to pass. Then a more rigorous proportionality test took root. However, the Federal Court in the 2020 case of Letitia Bosman whittled the test down again, and the courts once more played a minimal role in checking state action. The reasons for this cannot be explained merely by diversity in judicial philosophy or political contextual factors. Rather, the near-demise of proportionality (and, with it, robust constitutional review) was made possible by a lack of a clear sense …
Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang
Broken Kinship: Family Property Disputes And The Common Intention Constructive Trust In Singapore, Hang Wu Tang
Research Collection Yong Pung How School Of Law
There has been a proliferation of common intention constructive trust claims in Singapore. The main reason is that families have acquired real estate using their collective earning power without explicitly considering the individual entitlement of each family member. When a dispute arises, the claim is often pleaded as a common intention constructive trust. The complication with applying the law on the common intention constructive trust is that this is an English doctrine developed to deal with a different social context i.e. the breakdown of the relationship between cohabiting couples. In Singapore, the common intention constructive trust applies primarily in a …
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, …
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 …
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 …
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 …
Regulating Online Hate Speech: The Singapore Experiment, Siyuan Chen
Regulating Online Hate Speech: The Singapore Experiment, Siyuan Chen
Research Collection Yong Pung How School Of Law
In Singapore, the introduction of the Protection from Online Falsehoods and Manipulation Act 2019 (POFMA) generated considerable debate and feedback. One of the main concerns was whether the law would unduly restrict the freedom of expression. In focusing on the provisions of POFMA that could possibly apply to hate speech, this paper situates the criticisms within the larger framework of international human rights law and international practices and proposes some ways forward to improve the regulatory framework for online hate speech.
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.
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Hague Service Convention Enters Into Force In Singapore, Adeline Chong
Research Collection Yong Pung How School Of Law
Singapore acceded to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (‘Service Convention’) on 16 May 2023. It has now entered into force in Singapore on 1 December 2023. Two declarations were lodged: first, against Article 8(1) objecting to the direct service of judicial documents upon persons in Singapore through foreign diplomatic or consular agents unless the documents are to be served upon a national of the State from which the documents originate; and secondly, objecting to service of judicial and extrajudicial documents in Singapore by the methods of transmission set …