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131.  JULY 2014 Issue
p.258

Book Reviews: Data Protection Law in Singapore: Privacy and Sovereignty in an Interconnected World by Simon Chesterman, ed.
David Tan  •  [2014] Sing JLS 258 (Jul)
Privacy has been said to be a concept in an utter mess. In his influential treatise, The Rights of Publicity and Privacy (2nd ed., 2005), J. Thomas McCarthy laments: "It is apparent that the word 'privacy' has proven to be a powerful rhetorical battle cry in a plethora of unrelated context. Like the emotive word 'freedom', 'privacy' means so many different things to so many different people that it has lost any preciselegal connotation that it might once have had" (at para. 5.59). Data Protection Law in Singapore, edited by Professor Simon Chesterman, is a timely and muchwelcomed collection of essays that not only address myriad perspectives on the issue of data protection, but also provide tantalising views on the challenges to privacy and sovereignty brought about by the digital revolution. Singapore enacted the Personal Data Protection Act 2012 (Act 26 of 2012) [PDPA] on 15 October 2012 and it came into effect on 2 January 2013, with businesses given 18 months to comply before the PDPA became enforceable on July 2014. The book's examination of the way in which Singapore has responded to the problems brought about by data collection, aggregation, use and dissemination in the 21st century through the enactment of the PDPA will no doubt be of great interest to practitioners, policy makers and legal scholars.

132.  JULY 2014 Issue
p.262

Book Reviews: Mergers and Acquisitions in Singapore: Law and Practice by WanWai Yee and Umakanth Varottil
Hans Tjio  •  [2014] Sing JLS 262 (Jul)
This eagerly-anticipated book provides an excellent introduction to the world of mergers and acquisitions ("M&A"), which is perhaps a more high value-added form of corporate practice, and one in which lawyers must understand the nature of deals in general. Whereas initial public offerings, and even general corporate work, are usually directly correlated with the health of the economy, public M&A work - like insolvency workouts - can sometimes be countercyclical in that it comes to the fore when the securities markets are weak and the need for companies to consolidate strong.

133.  DECEMBER 2013 Issue
p.231

Transnational Commercial Law: Realities, Challenges and a Call for Meaningful Convergence
Sundaresh Menon  •  [2013] Sing JLS 231 (Dec)
As the Chief Justice of the host nation for the 26th LAWASIA Conference and the 15th Biennial Conference of Chief Justices of Asia and the Pacific, it is my privilege on behalf of all my fellowcitizens to welcome such a distinguished and well-represented audience to Singapore. I wish, in particular, to extend a warm welcome and a hand of friendship to my counterparts, the Chief Justices and senior members of the judiciaries of more than 40 jurisdictions. I also wish to welcome the close to 300 delegates from more than 25 countries who have come to our island nation for the LAWASIA Conference.
[Full Text]

134.  DECEMBER 2013 Issue
p.253

The Case for a Legislative Amendment Against ‘Accessory Copyright' for Grey Market Products: What Can the U.S. Learn from Singapore and Australia?
Irene Calboli and Mary LaFrance  •  [2013] Sing JLS 253 (Dec)
In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S.would not be the first country to implement such a provision. In 1994, Singapore pioneered the adoption of a similar provision, which was introduced as an amendment to the SG 1987 Copyright Act. A few years later, in 1998, Australia incorporated a similar amendment to its Aust. Copyright Act 1968. In this article, we analyse in detail the Singapore and Australia provisions and, building upon these provisions, we suggest a specific amendment that the U.S. Congress could introduce into the U.S.Copyright Act of 1976.

135.  DECEMBER 2013 Issue
p.278

The Public Interest in Judicial Management
Tracey Evans Chan  •  [2013] Sing JLS 278 (Dec)
The public interest is a common, but rarely discussed, feature in insolvency processes. It features in both winding up and judicial management in Singapore, with statutory provisions that stipulate the public interest as a ground for invoking these processes. However, it is unclear from the legislative deliberations what specific purpose was envisaged by the public interest exception to the typical requirements for making a judicial management order. This article reviews the concept of the public interest in the context of insolvency law in general, and corporate rescue in particular. In the light of the objectives and principles of insolvency law, and the role of the public interest, it argues for a revised, more robust understanding of the public interest in judicial management and its interaction with receivership.
[Full Text]

136.  DECEMBER 2013 Issue
p.301

The New Contractual Interpretation in Singapore: From Zurich Insurance to Sembcorp Marine
Goh Yihan  •  [2013] Sing JLS 301 (Dec)
This article seeks in three ways to contribute to the continued refinement of contractual interpretation in Singapore following Zurich Insurance and, more recently, Sembcorp Marine. First, it identifies the key rulings of lawderived from the cases. From these will be distilled the relevant issues in contractual interpretation. In the particular context of Singapore,contractual interpretation encompasses related issues such as the admissibility of extrinsic evidence to interpret contracts and the substantive method used to interpret contracts. It is important to identify and distinguish between the exact issues because their conflation will lead to confusion in an area already affected by much complexity due to the concurrent application of statutory and common law principles. Second, this article evaluates the courts' approaches to those issues. The principal difficulty, as will be seen, is that there is a need to distinguish between statutory and common law principles. This is affected by the perceived need of adhering to the modern commercial reality of contextual interpretation, while balancing that with binding statutory materials. Third, this article suggests some possible reforms in the future. It considers whether it is possible to achieve a commercially sensible approach while keeping within the statutory constraints that bind the courts, or whether legislative reform is required.

137.  DECEMBER 2013 Issue
p.331

Unjust Enrichment and Restitution in Singapore: Where Now and Where Next?
Rachel Leow and Timothy Liau  •  [2013] Sing JLS 331 (Dec)
The law of unjust enrichment and restitution is rife with academic debate, and the intense controversy surrounding it poses much headache for the uninitiated. Furthermore, the current shape and continued development of the law of unjust enrichment is the product of an ongoing conversation between academic commentators and courts, adding to the complexity of the field. In the first part of this paper, we aim to induct newcomers to the field by setting out four of the main academic debates. We then assess the present position of Singapore law on these debates. In the second part, we evaluate the Court of Appeal's recent description of unjust enrichment as a common law strict liability cause of action which is claimant-sided and focuses on the claimant's loss in AnnaWee. We argue that this description is too blunt, and that these broad generalisations should not be interpreted as drawing any definitive conceptual boundaries that might unduly hamstring the future development of the law of unjust enrichment.
[Full Text]

138.  DECEMBER 2013 Issue
p.361

Equitable Accessorial and Recipient Liability in Singapore
Pauline Ridge  •  [2013] Sing JLS 361 (Dec)
This article considers three possible directions for the development of equitable accessorial and recipient liability in Singapore. These are suggested by leading cases in Singapore, Hong Kong and Australia concerning recipient liability. The first direction is closest to the status quo. It involves a contextual inquiry into dishonesty or unconscionability and exceptionally allows constructive notice to suffice for recipient liability. The second possibility is to treat the two forms of liability as involving the same participatory liability for breach of trust or fiduciary duty. The third possible direction is to maintain a distinction between the two forms of liability and to minimise the operation of recipient liability where there is a concurrent common lawclaim. The final part of the article considers whether it is possible to achieve autochthony in this area of law, given the various non-legal considerations that may influence the direction taken.

139.  DECEMBER 2013 Issue
p.384

The Achilleas: Struggling to Stay Afloat
Senthil Sabapathy  •  [2013] Sing JLS 384 (Dec)
Remoteness in contract is an area which has faced much scrutiny across the common law world following The Achilleas. This article explores two contrasting approaches to the doctrine: a knowledge-based model premised on fairness, or respect for the defendant as an autonomous agent, and an agreement-centred approach based on the parties' implicit, rather than express intention. The status of the agreement-centred model in two jurisdictions—England and Singapore—shall then be explored. It shall be shown that the model has received a lukewarm, if not overtly hostile, reception which reflects its substantial theoretical and practical flaws.

140.  DECEMBER 2013 Issue
p.402

Copyright Subsistence in Contemporary Times: A Dead Shark, an Unmade Bed and Bright Lights in an Empty Room
David Tan and Chan Yong Neng  •  [2013] Sing JLS 402 (Dec)
Singapore has seen a proliferation of contemporary art exhibitions and auctions in recent years. Installation art, like the infamous shark suspended in a tank of formaldehyde, can be worth millions of dollars in the world of contemporary art. This article examines whether installation artworks can satisfy the requirements for the subsistence of copyright in Singapore. The intrinsic characteristics of installation art, including the transient nature of particular works and its frequent use of ready made and natural objects, seem to be in conflict with the statutory definition of an 'artistic work' and with the copyright subsistence requirements of fixation and originality. The authors argue that there should not be a per se rule either against the recognition of installation works as sculptures—a specific category of artistic works—or more generally as artistic works. It will examine three of the most famous—and controversial—Turner Prize-nominated and winning works as illustrative case studies. The article also suggests that 'artistic purpose' is likely to have a more prominent role in the evaluative criteria used by courts for the classification of 'artistic works', particularly in the courts' approach to non-propositional installation works.

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