Shortly after the government announced its intention to develop a comprehensive underground masterplan, the Singapore Parliament made amendments to the law in the area of the surface landowner's claim to the subsoil underground. This paper outlines and evaluates the changes made and posits that they represent a significant departure from the pre-existing law, particularly in the establishment of a clear cut-off point beneath which the surface landowner may make no ownership claim, and in the creation of a statutory easement in favour of the surface plot over all other land capable of providing subjacent support. These provisions are likely to gain importance as underground development and land use intensifies. However, this paper concludes that the changes bring with them some discomfort as to the content of the rights of real property in Singapore, even as they seek to provide clarity in an area of law where previously a dearth of authority existed, given that critical structural and interpretive gaps in the law remain. There is still some way to go before it can truly be said that a workable legal framework for underground land use has been created.

This paper identifies challenges to cross-border cooperation in Asia in the area of bank resolution and potential measures to enhance cooperation. In line with the consensus-based approach that is common in Asia, these measures include strengthening regulatory harmonisation and promoting convergence in supervisory practices through the use of non-binding guidelines. Drawing on the experience in the EU and the Trans-Tasman cooperation between Australia and New Zealand, the paper proposes that convergence-promoting functions be incorporated within existing institutions and considers the use of resolution colleges. In addition, acknowledging the preference in Asia for bilateral arrangements over multilateral arrangements, the paper suggests ways in which information sharing and recognition of foreign resolution action can be enhanced and draws on the experience of Singapore for this purpose.

A pertinent worry plaguing the implementation of economic regulations is the circumvention_x000D_ manoeuvres conducted by private entities during the time-consuming legislative process typically associated with legal change. During the recent imposition of stamp duties designed to curb its exuberant property market, the Singapore government utilised two distinct mechanisms—subsidiary legislation and legislation by press release—to eliminate any window of tax avoidance arising from the time lapse between the initial public announcements and formal implementation. This Article utilises this episode of economic regulation to examine legal and normative considerations regarding these two mechanisms that can be employed by the executive branch to effect immediate legal change. The Article argues that while both mechanisms are legal and are practically indistinguishable under the current legal framework and political reality in Singapore, the increased possibility of a more competitive political landscape necessitates greater legal constraints on the subsidiary legislation mechanism and greater political awareness of the legislation by press release mechanism.

This article looks at the development and characteristics of Islamic insurance (takaful) which is compatible with the principles of Islamic finance, thereby making it acceptable and attractive for millions of Muslims as an alternative to conventional insurance. In so doing, this article provides a detailed review on the evolution of takaful in the context of the Malaysian insurance sector which is among the largest players in the global takaful market. Taking cues from the success of takaful in Malaysia, this article explores certain key tenets of takaful and micro-takaful (low-cost takaful) that can be translated specifically into the indian context when the market eventually opens up and possibly into other developing and developed markets with substantial Muslim populations.

It is not customary to commence a keynote address with caveats and disclaimers._x000D_ However, this is the rare occasion when such qualifications are necessary because - if_x000D_ I may be permitted a crude pun - of the lack of qualifications of the speaker himself._x000D_ This is not false modesty. It is very real. I know that I have often been referred_x000D_ to in the Singapore context as a legal historian.1 Clearly, the dearth of personnel_x000D_ has been a reason for what I consider to be an oversight. I have no professional_x000D_ qualifications - or formal training - in history (except for a couple of courses in,_x000D_ respectively, English and American legal history during my postgraduate studies).2_x000D_ I have some interest - but only as a rank amateur. As a result, nothing I shall say_x000D_ will be of any significance to virtually all (if not all) of you. However, as I shall_x000D_ elaborate upon later, in the spirit of diversity which I believe the discipline of history_x000D_ in general and of legal history in particular represents, I trust that the somewhat_x000D_ different perspectives which are contained in this paper will be of some interest to_x000D_ you - if only because some thoughts might arise even from the mistakes I make.

This article attempts a critical examination of the limitation period for a fatal accident claim brought for lost support by the dependants of a deceased person under the Civil Law Act 1956 of Malaysia.It aims to demonstrate that the said limitation period has caused, or is capable of causing, harsh and unfair results to litigants in Malaysia and that reform of the law is clearly necessary. Throughout the article, reference is made to the corresponding statutory provisions in the Civil Law Act of Singapore and where relevant, the proposals that have been made for reform in Singapore.

The lesson from the United States is that egalitarian law reform alone is inadequate to achieve gender equality, be it at home or in the workplace. Formal equality may be useful in defining some relations between adults, but family dynamics, as well as the realisation that state and market institutions must be responsive to human dependency and vulnerability, must also be factored into considerations of what is needed in the way of reforms. For example, merely encouraging egalitarian family policies has not resulted in significantly removing the obstacles to women's equal participation in the workplace when they become mothers. The State must also respond to the situation of women (and others) who are placed in vulnerable positions in the workplace because of the care work they perform in the family. A responsive State would pay attention to the operation and functioning of the institutions, entitlements and other mechanisms that provide the resources that individuals need in order to successfully undertake responsibility for those who are dependent in society, such as infants and children, as well as some elderly, disabled, or ill adults. It is time to expand our rhetoric of 'personal responsibility' to include a notion of 'shared responsibility', in which the state and market institutions are charged with ensuring that there is truly equality of access and opportunity. This would require the accommodation of our shared human vulnerability and dependency, as well as the undoing of institutional practices and relations that unduly privilege the circumstances of some workers while tolerating the structural disadvantages with which others grapple on a daily basis.

Since Soeharto's fall in 1998, Indonesia has transformed from one of the world's most authoritarian states to one of its most democratic and decentralised. Significant lawmaking powers have been devolved to around 1000 local legislatures and executive officials. The combined legal output of these lawmakers has added great bulk, complexity and uncertainty to Indonesia's legal system. Many new local laws have been criticised for being misdirected or unclear, violating citizens' rights, imposing excessive taxes, even breaching Indonesia's international obligations. This article examines the bureaucratic mechanisms by which the national government can exercise control over local lawmaking, allowing it to strike down local laws contravening national law or the 'public interest'. It also analyses decisions of the Indonesian Supreme Court, which has jurisdiction to decide whether local laws contradict national laws. The article shows that bureaucratic and judicial review is flawed and is used largely to review and invalidate local laws imposing illegal taxation or user charges. Laws egregious for other reasons are, this research shows, likely to escape review altogether, or to be upheld by the Supreme Court without satisfactory explanation. This undermines the rule of law, may compromise the human rights provided to citizens in national laws and could affect Indonesia's ability to comply with some of its international obligations.

Beginning life in 1959 as the University of Malaya Law Review, the journal has undergone several transformations over the past half century, becoming first the Malaya Law Review and then the Singapore Journal of Legal Studies. In addition,it has also spawned two other journals - the Singapore Journal of International and Comparative Law (now the Singapore Yearbook of International Law) and the Asian Journal of Comparative Law. This essay takes a historical look at the development of the journal and the key personalities who have made it one of Asia's most respected legal publications.

This article traces the enactment of the Women's Charter in 1961 to the goal of national construction pursued by the People's Action Party upon winning the 1959 General Elections. The statute introduced a unitary monogamous law for non-Muslim Singaporeans and, by legislating the equality of the wife with the husband, played a crucial role in Singapore's economic progress by encouraging fuller economic participation of women. The article then discusses the contributions of section 46 - modelled after a Swiss provision - which exhorts husband and wife to co-operate for their mutual benefit as well as to care for their children within the spouses' equal partnership of different efforts that marriage is. This exhortation places marriage firmly on a moral foundation. The moral message helps explain the remarkable developments within several areas of the family law in Singapore including the nature of the spousal relationship, parental responsibility to their children and the equitable division of matrimonial assets.