General Principle,
2020
Singapore Management University
General Principle, Adeline Chong
Research Collection Yong Pung How School Of Law
This is the first Principle in the set of Asian Principles. It sets out the proposition that a foreign judgment in a commercial matter is generally entitled to recognition and enforcement. The chapter explores the extent to which this Principle is adopted in the countries under study. It also considers the modes through which a foreign judgment is given effect, the theoretical bases for recognising and enforcing a foreign judgment and suggests a way forward in view of different approaches on this issue.
Tax Implications Of Covid-19 In Singapore,
2020
Singapore Management University
Tax Implications Of Covid-19 In Singapore, Vincent Ooi
Research Collection Yong Pung How School Of Law
As taxpayers in Singapore deal with a radically changed business environment due to COVID-19, there is a need to make non-routine decisions quickly. These decisions can have significant tax implications, which will likely manifest themselves later as the economy recovers. It is critical for taxpayers to understand the tax consequences of their decisions, even as they focus on issues of immediate survival. While the majority of the relevant tax principles are not new, the COVID-19 pandemic has resulted in the need to apply these existing principles to new situations and increased the frequency of certain activities that may have been …
Selective Reshaping: China's Paradigm Shift In International Economic Governance,
2020
Singapore Management University
Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang
Research Collection Yong Pung How School Of Law
In contrast with the selective adaptation approach toward external norms seen in its accession to the World Trade Organization, China increasingly plays a proactive role on the international stage, with the Belt and Road Initiative at the center of these activities. How can we understand this new approach by China toward international economic governance? What is responsible for China's shifting approach, and what are the implications of this shift? The paper presents selective reshaping as a new theoretical framework, and argues that China is shifting toward the selective reshaping of institutions and rules within the global economic order. Within this …
Shareholders’ Rights And Corporate Meetings Post Covid‐19,
2020
Singapore Management University
Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This short paper reflects on corporate governance and shareholders’ rights during and following the COVID-19 pandemic. The lockdown has affected the way companies’ organs operate. It is unfortunate that the pandemic took place around the critical time of year when most companies hold annual shareholders’ meetings (or general meetings). How, then, can shareholders exercise their rights? How can the board of directors and senior management function during the lockdown period? Technology naturally provides a solution, similar to online teaching and working from home. However, do virtual and remote meetings serve the purpose of having those meetings? Even when we get …
Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries,
2020
Singapore Management University, School of Law
Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip
Research Collection Yong Pung How School Of Law
The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.
“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law,
2020
Singapore Management University
“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu
Research Collection Yong Pung How School Of Law
It has been accurately observed that the incremental nature of the common law’s development makes it inherently unsuited to dealing with unprecedented crises.208 This is particularly true of what I shall refer to (for convenience) as the law of changed circumstances, which in the common law regime comprises the doctrine of frustration and the operation of force majeure clauses, but could potentially encompass other doctrines and issues as well.209 I suggest that in this area, the flaws of the common law run deeper and broader than its inability to respond quickly to unprecedented crises. Rather, from a lay user’s point …
Private Liability For Public Health,
2020
Singapore Management University
Private Liability For Public Health, Jerrold Soh
Research Collection Yong Pung How School Of Law
As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …
Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore,
2020
Singapore Management University
Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti
Research Collection Yong Pung How School Of Law
The COVID-19 epidemic has not spared any country, not least a densely populated country like Singapore. The government has been working tirelessly developing new policies and laws to mitigate the human and economic devastation brought on by the virus. The COVID-19 (Temporary Measures) Act 2020 (COTMA) is intended to tackle some of the negative effects brought about by COVID-19. With an initial application period of 6 months which can be amended at the Minister’s discretion, the COTMA covers a wide range of issues. Summarily, the COTMA provides for public health controls necessary to manage the health crisis, increases bankruptcy and …
Constitutional Literacy In Times Of Crisis,
2020
Singapore Management University
Constitutional Literacy In Times Of Crisis, Maartje De Visser
Research Collection Yong Pung How School Of Law
At the same time she announced her withdrawal from public life in 2018, former US Supreme Court Justice Sandra Day O’Connor made a passionate plea for “all citizens to understand our Constitution and unique system of government, and participate actively in their communities.”441 The timing coincided with the halfway mark of Donald Trump’s term in presidency, a president who has very publicly declared his knowledge of the US Constitution, but whose understanding of it has regularly been called into question.442 At its foundation, the democratic legitimacy of a government arguably presupposes a working familiarity with the constitution qua social contract. …
Trading Through A Pandemic: The Singaporean Experience,
2020
Singapore Management University
Trading Through A Pandemic: The Singaporean Experience, Henry Gao, Dhiraj G. Chainani, Siu Farn Chew
Research Collection Yong Pung How School Of Law
Being a small country with one of the highest trade-to-GDP ratios in the world, Singapore faced seemingly insurmountable challenges at the onset of the Coronavirus disease 2019 (COVID-19) pandemic. As countries around the world scrambled to fight the pandemic, they imposed restrictions on exports and imports, suspended international transportation of both goods and people, and invoked emergency power and exceptions to justify their actions. All these presented unprecedented challenges to Singapore, a country which relies on international trade not only for its prosperity but also for survival. This article discusses how Singapore tries to meet these challenges through various initiatives …
Japan-Singapore Joint Mediation Protocol Announced,
2020
Singapore Management University
Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.
12 September 2020: The Singapore Convention On Mediation Comes Into Force,
2020
Singapore Management University
12 September 2020: The Singapore Convention On Mediation Comes Into Force, Nadja Alexander, Shou Yu Chong
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the potential impact of the Singapore Convention on Mediation is analysed.
Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms,
2020
Singapore Management University
Defeating The Scourge Of Terrorism: How Soft Law Instruments In Singapore Can Develop Societal Trust And Promote Cooperative Norms, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
The maintenance of a ‘moderate, mainstream’ Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern in multiracial, multi-religious societies post9/11. In light of the global concern, and often paranoia, with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilisation” between the Muslim world and the modern world. Singapore has taken a broad-based community approach in advancing interreligious tolerance, including a subtle initiative to include the putative Muslim civil society in advancing …
The Politics Of Seeds And Their Effects On Small-Scale Paraguayan Farmers,
2020
SIT Graduate Institute/SIT Study Abroad
The Politics Of Seeds And Their Effects On Small-Scale Paraguayan Farmers, Maeve Mallozzi-Kelly
Capstone Collection
International corporate seed companies have manipulated Paraguay’s politics and agricultural development since 1995, increasing Paraguay’s use and protection of genetically modified seeds, while also undermining farmers’ control over their production and financial stability by almost eliminating markets for heirloom varieties. Paraguay continues to be excluded from research critiquing the effects of neoliberal policies on global agricultural systems. Therefore, this study aims to illuminate small-scale farmers’ experiences and bring Paraguay into the global conversation on seed sovereignty by critically examining the effects Paraguay’s national seed policies have on small-scale farmer’s development opportunities and resilience to climate change. This question guides the …
Urban Warfare: Emerging Geopolitical Conundrum,
2020
Purdue University
Urban Warfare: Emerging Geopolitical Conundrum, Bert Chapman
Libraries Faculty and Staff Presentations
Urban warfare is as old as human history. It is becoming increasingly important in international political and military planning due to increasing global urbanization and the presence of megacities (urban areas with populations exceeding 10 million) in many global regions and being in areas of recent and potential military conflict. 2018 World Bank data notes that approximately 56% of the world's population lives in urban areas which is up from 34% in 1960. Many of these megacities, including New York City, Los Angeles, Sao Paulo, Mumbai, Shanghai, and Manila are adjacent to oceanic waters and vulnerable to trade and supply …
Making Sense Of Multipolarity: Emerging Powers And Comparative Area Studies,
2020
University of San Francisco
Making Sense Of Multipolarity: Emerging Powers And Comparative Area Studies, Nora Fisher-Onar
Global Studies Faculty Publications
As the West retrenches and new powers emerge, students of international relations are well positioned to address an outstanding question: How to thrive in a multipolar world? The question—and the answers which we bring to bear—resonate beyond geopolitics. This is because the task of living together in diversity is arguably the greatest analytical as well as normative challenge facing world politics more broadly (Fisher-Onar, Pearce, and Keyman 2018).
Refugee Perspectives On Transitioning From Higher Education In The United States To Life Post-Graduation,
2020
SIT Graduate Institute/SIT Study Abroad
Refugee Perspectives On Transitioning From Higher Education In The United States To Life Post-Graduation, Jessica S. Clarkson
Capstone Collection
In 2019, only 3% of refugees had access to higher education. Using qualitative research methods of surveys and semi-structured interviews, this study explores the perspectives of two student affairs professionals and six individuals with formal refugee status granted by the United Nations High Commissioner for Refugees (UNHCR) and in possession of a refugee travel document, who have not yet been resettled and are pursuing higher education in the United States. It focuses on the students’ preparation for and transition to life post-graduation, since UNHCR supposes that pursuing higher education abroad may be a viable ‘complementary pathway’ toward resettlement, self-reliance, and/or …
Indonesia’S Mental Health Services: Availability And Current Challenges,
2020
The University of San Francisco
Indonesia’S Mental Health Services: Availability And Current Challenges, Alexander Gronowski
Master's Projects and Capstones
The deep deficits in Indonesia’s mental health care system seem to currently lack explanation. While Indonesia’s economic growth may outstrip even that of its neighbors, the country still appears to significantly lack parity in provided mental health resources. Due to the paucity in available information and studies on the topic, this paper seeks to inspect the issue directly through the use of direct interviews supplemented by available literature. Through the interviews of Indonesian self-identified patients, non-patients, and mental health care providers, it appears that the apparent weak state of Indonesia’s mental health care system stems from widely held cultural beliefs. …
Exploring How Social Networks Contribute To African Immigrants’ Ability To Procure A Sustainable Livelihood In New York City,
2020
SIT Graduate Institute/SIT Study Abroad
Exploring How Social Networks Contribute To African Immigrants’ Ability To Procure A Sustainable Livelihood In New York City, Richmond Opoku Donyina
Capstone Collection
This research explores the effects of social networks on the ways that African immigrants in New York City secure, and sustain their livelihoods. Through lines of inquiry including social capital, livelihood resources, and economic activities, this research explores possible livelihood outcomes of Africans immigrants in New York City in relation to their social networks. By exploring themes through case studies of immigrants from different countries on the African continent, this research illustrates how becoming embedded in social networks in ones’ geographical jurisdiction widens an individual’s social capital, which in turn contributes to the probability of that individual in securing and …
Spanish Language And Culture In Buenos Aires And Córdoba, Argentina,
2020
SIT Graduate Institute/SIT Study Abroad
Spanish Language And Culture In Buenos Aires And Córdoba, Argentina, Sarah Eidt
Capstone Collection
The Spanish Language and Culture in Buenos Aires and Córdoba, Argentina program is a theoretical faculty-led multi-site semester-long program that is designed for Boston University students for the fall semester of 2022. The purpose of the program is to give student participants the opportunity to learn Argentine history and culture at two distinct locations with different sets of host families and speaking partners, while visiting contrasting regions around Argentina in order to obtain a more complete understanding of the country. Students will become more proficient in the Spanish language and gain a greater understanding of Argentine culture by immersing in …
