
SINGAPORE JOURNAL OF LEGAL STUDIES


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- Book Review
Book Review: International Commercial Litigation by Richard Fentiman
Citation: [2010] Sing JLS 582With the growing number of economies opening up to the world in the last few decades, it has become increasingly common for lawyers to be engaged in transactions involving elements from more than one country. No matter how complex a deal may be, the crux of the matter at the end of the day is whether the rights of the parties can be satisfactorily enforced. For cross-border commercial disputes, this question often depends on the forum in which they are resolved than on the substantive law governing the transactions. It is therefore essential for lawyers to have a good grasp of the issues involved in international commercial litigation in order to appropriately advise their clients of the legal risks involved in their transnational transactions. However, it is difficult to find in the market a readable and erudite book on a subject largely governed by procedural rules and commercial considerations. Nonetheless, Richard Fentiman has shown that it is possible to produce a scholarly work which is not only of a high quality, but at the same time palatable to practitioners. - Book Review
Book Review: The Law of Torts in Singapore by Gary Chan Kok Yew
Citation: [2011] Sing JLS 584The Law of Torts in Singapore is the first local torts textbook in Singapore. It is published under Academy Publishing's "Law Practice Series", which aims to build up a library of textbooks on important aspects of Singapore law. The present book is a prominent addition to that series. The book is divided into twenty chapters, with seventeen chapters written by Gary Chan Kok Yew, the book's stated author. Lee Pey Woan contributed two other chapters, and co-wrote one other chapter with the author. These twenty chapters cover the major torts, with an understandable concentration on the tort of negligence. Apart from negligence, the other chapters also cover intentional torts to the person, breach of statutory duty, interference with land, occupiers' liability, interference with goods, defamation, false representations, the economic torts, protection of privacy and malicious prosecution/misfeasance of public office. There are further chapters that deal with more "general" aspects of the law of torts, such as an introductory chapter discussing (in a more theoretical vein) the aims of the law of torts, as well as more doctrinal chapters discussing the various possible parties in a tort action, vicarious liability, and remedies. This is a comprehensive spread of coverage that is similar to other contemporary textbooks of this nature (see e.g., Carolyn Sappideen & Prue Vines, eds., Fleming's The Law of Torts, 10th ed. (Sydney: Lawbook Co., 2011). In the preface, the author states that the book's aim is "to provide a synthesis of the law of torts in Singapore by bringing together … a discussion of Singapore court decisions and statutes as well as reviews and commentaries on these developments, and by tapping on the deep reservoir of English and Commonwealth precedents" (at p. ix). As we shall soon see, the book more than meets this broadly stated aim. - Book Review
Book Review: Motor and Work Injury Insurance by Poh Chu Chai
Citation: [2010] Sing JLS 584Professor Poh Chu Chai has continued to rationalize his books on the law of insurance into discrete logical areas - the previous edition of this work would have been familiar to readers as the sixth edition of Law of Life, Motor and Workmen's Compensation Insurance (Singapore: LexisNexis, 2002). The current edition comprises the compulsory insurance aspects of the previous edition. That said, this work still adheres to the hallmarks of Professor Poh's work in this area: there is much breadth and depth in its treatment of the relevant principles and case law. - Book Review
Book Review: Australian Constitutional Landmarks by H.P. Lee & George Winterton (eds)
Citation: [2004] Sing JLS 584 - Book Review
Book Review: Lives in the Law: Essays in Honour of Peter Ellinger, Koh Kheng Lian & Tan Sook Yee by Dora Neo, Tang Hang Wu and Michael Hor, eds.
Citation: [2010] Sing JLS 586A Festschrift, to the unfamiliar, is a book honouring a respected academic. Derived from German, the word is likely to be unfamiliar to the Singaporean legal fraternity. Lives in the Law is the first Festschrift to be published in Singapore honouring a legal academic. The editors have not, however, been content with achieving a first in Singapore. As the editors wryly observe in their Preface (at p. xi), what had initially germinated as plans for three separate Festschriften evolved into "the first collection to honour three [legal academics] in one go", thus achieving another first, this time internationally. Although the undertaking spans less than 300 pages in all, the colossal nature of it is evident from a quick perusal of the acknowledgments (at p. xiv). - Book Review
Book Review: Asian Discourses of Rule of Law: Theories and Implementation of Rule of Law in Twelve Asian Countries, France and the U.S. by Randall Peerenboom (ed)
Citation: [2004] Sing JLS 586 - Book Review
Book Review: Networks as Connected Contracts by Gunther Teubner
Citation: [2011] Sing JLS 588Networks as Connected Contracts is the seventh volume in the International Studies in the Theory of Private Law Series. This series of books "aims to investigate the normative and theoretical foundations of the law governing relations between citizens". The book under review was originally written in the German language by Gunther Teubner, and translated into the English language by Michelle Everson. Hugh Collins, who also provides a substantial introduction spanning some 72 pages, is the editor of the present book. The subject of the book is the business network, which is "a contractual network consist[ing] of a number of independent firms that enter a pattern of interrelated contracts, which are designed to confer on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without in fact ever creating a single integrated business entity such as a corporation or a partnership" (at p. 1). The legal problem with business networks is that they do not fit neatly into recognised legal concepts and hence escape easy legal resolution. A paradigm example of a business network is the retail franchise: it is neither a bilateral contractual arrangement (since that ignores the interdependance of the separate franchise agreements), nor a company (since that ignores the general independence of the franchisees from the franchisor). Through the use of an approach known loosely as "sociological jurisprudence", Teubner advances the novel idea of "connected contracts", which he in turn uses to address the legal problems arising from business networks. This book is a synthesis and development of Teubner's earlier works on the same subject. - Book Review
Book Review: Antitrust and Regulation in the Euand U.S. by Francois Leveque and Howard Shelanski, eds.
Citation: [2010] Sing JLS 591This book examines "various aspects of the evolving balance between antitrust and_x000D_ regulation in the European Union and the United States" (at p. vii) and contains papers_x000D_ originally presented at a conference in 2006 which focused on network industries. The contributors include distinguished economists and lawyers from Europe and the United States. As the editors point out, "the chapters span a range of related topics, some focusing on general observations about the relationship between antitrust and regulation in the respective jurisdictions and others tying those observations to particular industrial sectors" (at p. vii). - Book Review
Book Review: Constitutional Monarchy, Rule of Law and Good Governance: Selected Essays and Speeches by His Royal Highness Sultan Azlan Shah by Professor Dato’ Seri Visu Sinnadurai (ed)
Citation: [2004] Sing JLS 591 - Book Review
Book Review: Trusts and Shared Property; Trusts, Credit Security and Trading by Tey Tsun Hang
Citation: [2011] Sing JLS 592Equity, through the mechanism of the trust, may generally be thought to encompass a dualistic approach capable of resolving non-commercial shared property disputes through the use of either the resulting trust or the common intention constructive trust as alternative vehicles of remedy. In this monograph, the author addresses head-on this dualistic characteristic of equity-in-action by offering a broad-picture critique of the law in an effort to convince readers that the common intention constructive trust should prevail over the resulting trust as the preferred analytical vehicle whenever equity intervenes to resolve shared property disputes in non-commercial contexts.