Non-Delegable Duty Of Care: Woodland V Swimming Teachers Association And Beyond,
2015
Singapore Management University
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.
The Changing And Unchanged Nature Of Inequality And Seniority In Japan,
2015
Singapore Management University
The Changing And Unchanged Nature Of Inequality And Seniority In Japan, Ken Yamada, Daiji Kawaguchi
Research Collection School Of Economics
Wage inequality declined in the 1990s, while it increased in the 2000s for full-time male workers in Japan. We find that a decreased return to firm-specific human capital, which has been neglected in previous empirical analyses of inequality, is a key factor preventing a rise in wage inequality during the prolonged period of economic stagnation, known as Japan’s lost decades. We also find that, while changes in returns to general and specific human capital contributed to narrowing wage inequality in the 1990s and widening wage inequality in the 2000s, a significant fraction of the increase in wage inequality in the …
Decentralization And Collaborative Disaster Governance,
2015
Singapore Management University
Decentralization And Collaborative Disaster Governance, Yooil Bae, Yu-Min Joo, Soh-Yeon Won
Research Collection School of Social Sciences
Decentralized disaster governance has been gaining much attention with the rising global urbanization rate and the complex nature of the disasters occurring in densely urbanized areas today. This paper studies the case of South Korea, a highly urbanized country with relatively recent decentralization reforms, in order to analyze the evolution of its disaster management system and to draw out implications from its experience. Specifically, it traces the national-level institutional changes in its disaster management, and then closely examines a hydrofluoric gas leakage in the industrial city of Gumi. The finding is that South Korea simultaneously carried out both centralization and …
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective,
2015
Singapore Management University
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,
2015
Singapore Management University
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,
2015
Singapore Management University
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,
2015
Singapore Management University
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,
2015
Singapore Management University
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,
2015
Singapore Management University
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,
2015
Singapore Management University
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 …
On The Effectiveness Of Housing Purchase Restriction Policy In China: A Difference In Difference Approach,
2015
Singapore Management University
On The Effectiveness Of Housing Purchase Restriction Policy In China: A Difference In Difference Approach, Jerry X. Cao, Bihong Huang, Rose Neng Lai
Research Collection Lee Kong Chian School Of Business
The Chinese government imposed the purchase restriction policy to rein in the housing bubble in 2010. Using a two-stage difference-in-difference approach and a comprehensive dataset covering the real estate markets across 70 cities, we find that the policy triggered substantial decline in the property price and transaction volume. Cities having higher reliance on real estate sector for fiscal revenue and economic growth experienced greater decline in housing prices following the policy implementation. However, the policy had no measurable effects on the nationwide construction boom, hinting the ineffectiveness of the policy to correct the housing bubble.
Institutional Entrepreneurship, Governance And Poverty: Insights From Emergency Medical Response Services In India,
2015
Singapore Management University
Institutional Entrepreneurship, Governance And Poverty: Insights From Emergency Medical Response Services In India, Gerard George, Rekha Rao-Nicholson, Christopher Corbishley, Rahul Bansal
Research Collection Lee Kong Chian School Of Business
We present an in-depth case study of GVK Emergency Management and Research Institute, an Indian public–private partnership (PPP), which successfully brought emergency medical response to remote and urban settings. Drawing insights from the case, we investigate how the organization established itself through institutional entrepreneurship using a process conceptualized as opportunity framing, entrenchment, and propagation. The case and context highlight the need for innovation in organizational design and governance modes to create a new opportunity that connects state actors, private healthcare providers, and the public at large. We consider the role of open innovation and novel business models in creating these …
Chea Vannath [Cambodia, Activist],
2015
Singapore Management University
Chea Vannath [Cambodia, Activist], Chea Vannath
Digital Narratives of Asia
Nobel Peace Prize Nominee Chea Vannath fled Cambodia when the Khmer Rouge attempted to arrest her husband. She returned to her homeland 12 years later and began working to help heal her war-torn country. She speaks to DNA about life under the Khmer Rouge, her struggle to come to terms with what they had done to her homeland and what led her to work for the Khmer Rouge to be involved in the reconciliation process.
Chuan Leekpai [Thailand, Prime Minister],
2015
Singapore Management University
Chuan Leekpai [Thailand, Prime Minister], Leekpai Chuan
Digital Narratives of Asia
Chuan Leekpai is a two-time Thai Prime Minister. He shares with DNA the thinking behind some of his policies, as well as gives his take on the recent political turmoil Thailand has been embroiled in.
S. R. Nathan [Singapore, President],
2015
Singapore Management University
S. R. Nathan [Singapore, President], S. R. Nathan
Digital Narratives of Asia
S. R. Nathan was the 6th and longest-serving President of Singapore. A career civil servant, Mr Nathan served in several key ministries, under Singapore's pioneer leaders. He shares with DNA his experiences working with the leaders who built modern Singapore, as well as insights into the sometimes tricky situations in which he found himself.
Nguyen Khac Huynh [Vietnam, Diplomat],
2015
Singapore Management University
Nguyen Khac Huynh [Vietnam, Diplomat], Nguyen Khac Huynh
Digital Narratives of Asia
Nguyen Khac Huynh was a key member of the 1968-1973 Paris Peace Talks on the Vietnam War. He talks to DNA about how Vietnam managed to negotiate a settlement that saw the US withdraw from South Vietnam, despite being a weaker power. Hear also the long-time diplomat, soldier and academic's thoughts on the qualities of a good leader.
Is The Cultural Revolution Relevant In Modern China?,
2015
Singapore Management University
Is The Cultural Revolution Relevant In Modern China?, Singapore Management University
Perspectives@SMU
The short answer is "yes" to two things: charismatic leadership within the Chinese Communist Party, and dealing with democracy
Indonesia’S Challenges,
2015
Singapore Management University
Indonesia’S Challenges, Singapore Management University
Perspectives@SMU
Supply side constraints will be key to how South East Asia’s largest country maintains the six percent growth it needs to tackle the poverty rate and grow
Daringly Different: The Making Of The Singapore Management University,
2015
Singapore Management University
Daringly Different: The Making Of The Singapore Management University, Kevin Y. L. Tan
Oral History Collection
This is a book about the founding and early years of Asia’s first university in the 21st century - the Singapore Management University or SMU. It provides a background to tertiary education in Singapore to set the scene and offer the reader a glimpse of the landscape in which the remarkable changes leading to SMU’s establishment, and ramifications flowing therefrom, took place. So many of the key actors who were intimately connected to this grand story are still around and actively engaged in the life of SMU, and thus the book benefitted greatly from first-hand interviews with a number of …
The Bandar Seri Begawan Report: National Landscape, Current Challenges And Opportunities For Growth,
2015
Singapore Management University
The Bandar Seri Begawan Report: National Landscape, Current Challenges And Opportunities For Growth, Institute For Societal Leadership, Lai Cheng Lim
Institute of Societal Leadership Research Collection
Brunei, known as the “Abode of Peace”, is a small state in Southeast Asia located on the north-west coast of the island of Borneo in the Indonesian Archipelago. Its 161 kilometres of coastline faces the South China Sea while it is enclosed on land by the Malaysian state of Sarawak, which divides it in two. Brunei Darussalam comprises four districts, Brunei-Muara (where the capital Bandar Seri Begawan is situated), Tutong, Belait and Temburong.
