Asian Studies Commons^™

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See

Research Collection Yong Pung How School Of Law

Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …

Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw

Research Collection Yong Pung How School Of Law

In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.

Changing Views On Media Ethics And Societal Functions Among Students In Singapore, Benjamin Hill Detenber, Sonny Rosenthal

Research Collection College of Integrative Studies

This panel study assessed changes in ethical ideology and beliefs about the societal function of media over the course of undergraduate communication education in Singapore. First, students' agreement with the ethical principles of truth telling, independence, and accountability increased. Second, change in agreement with the ethical principle of minimizing harm was negatively related to change in justification of contentious newsgathering methods. Third, belief that the media should function as a watchdog increased and that it should serve national development decreased. Change in these variables was inversely correlated. We relate these findings to global contexts and make recommendations for curriculum development.

The Public Roles Of The Private Sector In Asia: The Emerging Research Agenda, Ann Florini

Research Collection School of Social Sciences

It is no longer possible to understand public policy without focusing intensively on the public roles of the business sector. The world is awash in experimental private governance, from corporate codes of conduct, to demands for disclosure of private sector environmental and social impacts, to ‘social enterprises’ that aim to save the world the profitable way. Such experiments are emerging within Asia, changing the terms of the social licence to operate as society becomes more adept at making demands for good corporate citizenship and as the natural resource crisis begins to hit home. And as Asian corporations go global, they …

Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng

Research Collection Yong Pung How School Of Law

The goals of all ASEAN member states are to “accelerate economic growth, social progress and cultural development” and “promote peace and stability” in the region. To achieve these goals, the public will need to trust and respect the Judiciary. Such trust and respect can be lost if there are inefficient practices that result in delay in the courts. The Singapore Judiciary is presently lauded for “its efficiency, its technological sophistication, its accessibility and the confidence of Singapore’s citizens and businesses in the system.” The World Economic Forum has also ranked Singapore first (out of 142 countries) in recognition of Singapore’s …

Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection Yong Pung How School Of Law

The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.

An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam

Research Collection Yong Pung How School Of Law

India has a parliamentary system. But articled in India’s Constitution is a provision that authorizes the President to occasionally enact legislation without involving Parliament. Such presidential legislation are called ordinances, not Acts; and rather than enact, the President promulgates them. Textually, ordinances are bounded by several ‘controls’. They are limited to circumstances when at least one House of Parliament is not in session, and the President is satisfied that the circumstances are such that immediate action is necessary. And without such formal parliamentary approval after a specified duration, they cease to exist. But after sixty years of constitutional practice these …

Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan

Research Collection Yong Pung How School Of Law

Article 9(3) of the Constitution1 states that “Where a person is arrested, he … shall be allowed to consult and be defended by a legal practitioner of his choice.” However, art 9(3) does not stipulate the point in time at which an arrested person is entitled to consult counsel. The local jurisprudence over the past few decades have affirmed the interpretation that an arrested person is not entitled to access counsel immediately upon arrest, but only after a reasonable amount of time has elapsed. The High Court in James Raj s/o Arokiasamy v Public Prosecutor (“James Raj”) has now shed …

Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen

Research Collection Yong Pung How School Of Law

This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development …

Redefining Relevancy And Exclusionary Discretion In Sir James Fitzjames Stephen’S Indian Evidence Act Of 1872: The Singapore Experiment And Lessons For Other Indian Evidence Act Jurisdictions, Siyuan Chen

Research Collection Yong Pung How School Of Law

In many jurisdictions, the rules of evidence can often be instrumental in determining the outcome of a dispute. But to what extent can evidence law be controlled by codification, or is it better to leave its regulation and development to the judges via common law? In an attempt to bridge the gap between the rules of an antiquated evidence statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence, while new provisions were introduced to act as a check against abuse. However, it will be …

A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh

Research Collection Yong Pung How School Of Law

A reason justifying the exclusionary rule against prior negotiations in the interpretation of contracts is its longevity. Yet, the authorities commonly cited in support of the exclusionary rule are mostly traceable to Lord Wilberforce’s speech in the relatively recent case of Prenn v Simmonds. This article suggests that the law took a wrong turn in that case and caused later courts to support the exclusionary rule by recourse to policy-oriented justifications, instead of principle-based ones. The emphasis on policy-oriented justifications, and the recantation of Prenn v Simmonds as reason enough for the exclusionary rule, support an independent rule against prior …

A View From Australia’S Regional Partners: Recent Developments In New Zealand And Singapore, Elsabe Schoeman, Adeline Chong

Research Collection Yong Pung How School Of Law

No abstract provided.

Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …

Ground-Breaking Of New Building For Smu School Of Law, Singapore Management University

SMU Press Releases and News

Singapore Management University held the groundbreaking ceremony of its School of Law building today. The event, which was graced by The Honourable Attorney-General Mr Steven Chong, S.C., was attended by 250 distinguished guests, faculty, students, donors, and SMU’s partners in the legal fraternity. The new School of Law building will be a distinctive landmark that will contain state-of-theart facilities used both to enrich the learning experience of SMU law students as well as to involve others within the legal fraternity who are important stakeholders. A key feature integrated into the 22,000 sqm School of Law building is the Kwa Geok …

Rosenberg Institute For East Asian Studies At Suffolk University Annual Report For 2013-2014, Rosenberg Institute

Rosenberg Institute Annual Reports

These reports summarize the activities of the Rosenberg Institute during the academic year, including information related to public programming, visiting scholars, cooperation with the Asian Studies program at Suffolk College of Arts & Sciences, promotion of Suffolk's Asia-related activities, community outreach, and funding. Most reports also contain photographs of scholars, staff, and events.

Bank Valuation In Malaysia: An Empirical Comparison Of Conventional And Interest-Free (Islamic) Banking Models, Charlie Charoenwong, Ramin Cooper Maysami, David K. Ding

Research Collection Lee Kong Chian School Of Business

Islamic banking, according to institute for Islamic Banking and Insurance "refers to a system of banking or banking activity that is consistent with the principles of the Shari'ah (Islamic rulings) and its practical application through the development of Islamic economics. Shari'ah prohibits the payment or acceptance of interest charges (riba) for the lending and accepting of money, as well as carrying out trade and other activities that provide goods or services considered contrary to its principles." The thrust of the current article is to examine the underlying factors and variables that guide the valuation of a sample of five Malaysian …

How Jamini Roy Found A Home In Baker Street, Nirmalya Kumar

Research Collection Lee Kong Chian School Of Business

Jamini Roy is considered the father of Indian modern art as he attempted to use his paintings to find cultural independence from Western notions of art grafted by the British on its colonies. This quest was taking place alongside the India's fight for political independence. On his death in 1972, the Indian government declared his art national heritage and banned all further exports. The chapter describes how one of the largest collections of Jamini Roy paintings in the world came to be curated in an apartment on Baker Street in London.The author interweaves the story of Jamini with his own …

Sign Up Or Sign Off: Asia’S Reluctant Engagement With The International Criminal Court, Mark Findlay

Research Collection Yong Pung How School Of Law

The International Criminal Court argues that there is a need to achieve universal ratification so that the majority of mankind will no longer remain outside the protection of the ICC. In the Asia/Pacific region there is a relatively low accession rate of nation states to the Rome Statute. This paper proposes a taxonomy of resistance to ratification in the region, recognising that in speculating on the reasons for resistance to the ratification of international criminal justice, local to the global across Asia and the Pacific, there is a risk in both over emphasising cultural and political difference while at the …

Informal Banking And Early International Entrepreneurs: The Case Of The Chettiars, Jayarani Tan, Wee Liang Tan

Research Collection Lee Kong Chian School Of Business

As moneylenders during nineteenth century colonial period the Chettiars were functioned as informal bankers in Asia. They began as communal entrepreneurs in their clan but grew beyond their domestic borders. Despite their smallness and resources, they were able to internationalize. This paper reports a study into their internationalization examining the manner they were able to successfully venture abroad. We found that external factors like the British protectorate and internal factors like their unique socio-cultural institutions and norms and values served as enabling factors for their internationalization. These include a family culture of training the sons for the business, embracing business …

Refocusing The Lens: Singapore's Private Enterprises In China, Caroline Yeoh, Wilfred Pow Ngee How, Ye Zhang

Research Collection Lee Kong Chian School Of Business

In recent years, financial and political instabilities have cooled economic growth in many regions. Even in this context, however, areas of strong growth remain; none, arguably, more prominent than ever-developing and increasingly affluent China, which is today a vastly different environment than even several years ago. More than ever, a wealth of opportunity subsists in this ancient land – and businesses must be able to adapt and seize these opportunities. Thus we turn towards Singapore private enterprise in China, to study once more the efficacy of the city-state's internationalization strategies in the context of the private enterprises which must eventually …

Governing A Digital Business Ecosystem: Lessons From One.Motoring Portal, Gary Pan, See Liang Foo, Shongye Tan

Research Collection School Of Accountancy

While the IT innovation topic has gathered significant research interests, the existing discourse on IT innovation is centered on internal organizational processes such as IT capability development and organizational learning rather than IT innovation networks as the primary means for achieving superior enterprise performance. This is an important topic because a networked perspective of IT-enabled innovation is a critical dimension for the dynamics of collaborative innovation in today’s networked economy. In particular, the development and implementation of a digital business ecosystem (DBE); a specific type of business ecosystem defined as an IT-enabled business network of entities with differing interests bound …

Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson

Research Collection Yong Pung How School Of Law

Despite a slowdown in China’s GDP growth from the double-digit heights of the last decade, it is still expanding at over 7% per annum – a growth rate that looks more sustainable. Growth in the other major emerging economies including India, Brazil and Russia, by contrast, has all but collapsed, at least for the present. Growth in the developed economies, meanwhile, remains fragile in the wake of their post-2008 financial crisis recessions. It is not surprising, therefore, that the Boards of many foreign companies are counting on winning share in the China market to support their top-line growth in coming …

Bringing Anime To Academic Libraries: A Recommended Core Collection, Laura Pope Robbins

Publications

The author discusses Japanese anime and manga in the context of academic libraries. She notes that, while collections support the study of popular culture and give students access to materials that will engage them...they fail to include amime.

To rectify this, the author discusses a core list of anime titles for academic library collection development. This list was assembled based upon the author’s twenty-plus years of viewing anime and is the culmination of a sabbatical in which the author studied the history of Japanese animation and read extensively from acknowledged experts in the field. The films included here have stood …

Introduction, Theera Nuchpiam

Asian Review

No abstract provided.

Higher Education In Asean With Special Reference To Thailand, Chantal Herberholz, Pataporn Sukontamarn

Asian Review

This article compares higher education and the internationalization thereof in ASEAN, with special reference to Thailand. While the comparison of higher education in ASEAN uses secondary data, the situation of higher education in Thailand utilizes primary data obtained from in-depth interviews. The results show that higher education sectors in ASEAN member countries are extremely diverse. Most ASEAN countries are facing two major challenges though, namely to (i) increase tertiary enrolment and (ii) improve the quality of higher education, although the extent of quality concerns varies substantially within and across member countries. Fieldwork reveals large differences among different types of universities …

Improving The Human Capital Of Migrant Workers In Asean: A Case Study Of Thailand And Clm Countries, Montakarn Chimmamee, Patcharawalai Wongboonsin

Asian Review

Southeast Asia is strategically positioning itself to meet the challenge of the global economy in the 21st century. During recent years, most Southeast Asian countries have been provided with a potential demographic dividend. However, the dominating strategies in labor migration management have not reaped the potential benefits from this potentiality. Thailand is a major receiving country of migrant workers, particularly from Cambodia, Laos, and Myanmar. How to manage migration to improve the productivity, efficiency and competitiveness of Thailand and its neighboring countries? This study examines demographic changes in Thailand and its neighbors, identifies new trends in the scale and pattern …

Towards Population Aging In The Asean Community, Vipan Prachuabmoh

Asian Review

This article discusses the trends toward populations aging in ASEAN and their challenges. It also assesses programs conducted under the Second National Plan for Older Persons in Thailand to extract lessons for policy formulation and development programs responding to population aging in other ASEAN countries. This assessment is based on findings from the project on Monitoring and Evaluation of the Second National Plan for Older Persons (2002-2021). The lessons learnt from Thailand seem to indicate that it is necessary for each ASEAN country to have concrete long-term plans for their elder populations. The National Plans for Older Persons are significant …

Religions And Religious Movements In Nation-Making In Asean, Udomporn Teeraviriyakul

Asian Review

Southeast Asia has nurtured the great world religious traditions of Hinduism, Buddhism, Islam, and Christianity. These religions, and many more beliefs, coexist in peace and harmony. Religions were not brought with the sword, but adopted in association with the expansion of trade. These religions empowered elite leaders to rule their states and kingdoms during the pre-colonial period. Since the coming of western imperialism, modernization became a n ew standard for transforming Southeast Asian society to fit a new global cultural paradigm. This article examines the role and importance of religions and religious movements in Southeast Asia, and ways in which …

Contributors

Asian Review

No abstract provided.

How Ending Gender Violence In India Improves The Nation's International Reputation And Tourism Industry: A Case For Nationalism, Sharon Nambudripad Schiffer

Graduate Masters Theses

As nations have become far more interconnected by means of globalization in the 21st century, the issues that affect one nation often have affects upon others. As India is a nation with a population of more than 1.2 billion, the issues that affect the nation also affect others. As an assault in Delhi, India made international news on December 16, 2012, the international community has become more aware of the incidents of gender-based violence that exist within the country. The ramifications of the international community's knowledge of the assault included a drastic decrease in both its international reputation and its …