
SINGAPORE JOURNAL OF LEGAL STUDIES


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Recent Legal Developments in Indonesia_x000D_ The ASEAN Section
Citation: [1992] Sing JLS 285This report gives an outline of the more important recent legal developments in Indonesia. It covers the period from January 1990 to July 1991. The following topics included are bilateral agreements, ratification of international conventions, implementation of the 1958 New York Convention on Arbitral Awards, regulations issued by the Indonesian Government, capital market, deregulation packages, intellectual property and case law. - Article
Interest on Judgement Debts in Singapore
Citation: [1988] Sing JLS 285This article examines post-judgement interest, or interest on judgement debts. It is argued that such interest should be awarded at a rate that will encourage prompt payment, and that compensation for being kept out of money should not be the only consideration. The relevance of a contractually agreed rate is also considered, and it is argued that a contractually agreed rate should be applied even past the date of a judgment. - Article
The Reception of Trust in Asia Emerging Asian Principles of Trust
Citation: [2004] Sing JLS 287In common law jurisdictions, the trust is one of the most popular legal institutions for wealth management. Most civil law jurisdictions, however, have yet to embrace it. Debates continue as to the nature of the trust and its compatibility with indigenous legal concepts in civil law. The enactment of a domestic trust statute in China in 2001, and in major civil law jurisdictions in Asia (such as Japan, Taiwan and Korea) have demonstrated the practical importance of such debates in shaping trust legislation. Accordingly, this article seeks to take stock of the Asian approaches in receiving the trust, in the hope that insights can be drawn for the benefit of jurisdictions beyond Asia. The article first considers what the core features of the common law trust might be. Then, it looks at how these four jurisdictions adopt them, if not all, in their trust statutes and evaluates the advantages and disadvantages of the respective approaches. - Article
Wildlife Protection Laws in Singapore
Citation: [1991] Sing JLS 287This article examines the laws that protect wildlife in Singapore. It begins with an outline of the position at common law, which applied to Singapore prior to the enactment of local legislation. It then traces the history of local legislation, which began with the protection of Wild Birds Ordinance in 1884. The scope and the ambit of the present laws are examined and their inadequacies considered. Mention is made of recent conservation efforts, and the Endangered Species (Import and Export) Act, passed in 1989, which gives effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Finally, a call is made for improvements in existing laws, the urgent enactment of legislation to protect the marine eco-system and public education in matters of conservation. - Article
Navigational Safety, Oil Pollution and Passage in the Straits of Malacca
Citation: [1978] Sing JLS 287 - Article
Introduction: Contemporary Issues in Public Law – Theory, Doctrine and Practice
Citation: [2019] Sing JLS 289The special symposium sections of this and the September 2020 issues of the Singapore Journal of Legal Studies bring together a collection of papers that look at contemporary issues relating to public law in Singapore. In addition to looking at issues of theory and doctrine, the symposium will consider issues relating to public law litigation. Public law litigation remains an under-explored area in public law scholarship and one that is ripe for discussion. Not only has there been an increase in the number of applications for judicial review, there has also been an increasing diversity in the issues mooted in courts in recent years. For example, in the recent past, the courts have had to consider a challenge by a member of a particular geographical constituency of the constitutionality of the executive's decision not to call a by-election on the vacation of a parliamentary seat for that constituency; a challenge by a homosexual couple of the constitutionality of a provision of the Penal Code (Cap 224, 2008 Rev Ed Sing) restricting homosexual conduct in the absence of any criminal proceedings under the provision against them (with more challenges pertaining to section 377A of the Penal Code currently on the docket); a challenge by a member of an opposition political party of the constitutional vires of a loan made by the executive to an international funding body; a challenge by members of the Hindu religion of a ban on the use of musical instruments during an annual religious procession; a challenge by a Sikh prisoners' counsellor of a policy on hair for prisoners that affected members of a particular religion; a challenge by a potential electoral candidate on the absence of a by-election on the vacation of a seat in a group representation constituency; and challenges to the validity of constitutional amendments relating to the elected presidency.