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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Article

    Transnational Transactions on Cryptoasset Exchanges: A Conflict of Laws Perspective

    Citation: [2022] Sing JLS 384
    First view: [Sep 2022 Online] Sing JLS
    Cryptoassets, now in the mainstream with significant retail and institutional ownership, can be purchased on cryptoasset exchanges online from around the world. Correspondingly, disputes involving transnational cryptoasset transactions—which have already begun to crop up in the US—are likely to become increasingly common in Singapore given its status as a global financial hub. The problem, however, is that there is no global consensus on how to determine the applicable law for transnational transactions on cryptoasset exchanges. This lack of consensus engenders unnecessary uncertainty as to the disputing parties’ rights and obligations, which in turn has significant implications for issuers, potential investors, regulators, and even the entire financial system. Building on the shortcomings of existing conflict of laws solutions in other jurisdictions, this article proposes a conflict of laws solution to this problem for the Singapore courts. The solution entails (1) recognising that the problem should be dealt with using a choice-of-law approach, (2) creating a new category of issues, ‘market issues’, as which issues may be collectively characterised, and (3) choosing only the lex mercatus for issues characterised as market issues.
  • Article

    The Achilleas: Struggling to Stay Afloat

    Citation: [2013] Sing JLS 384
    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.
  • Article

    Counter-Terrorism Policy and Minority Alienation: Some Lessons from Northern Ireland

    Citation: [2006] Sing JLS 385
    Questioning the assumption that the United Kingdom's experience in Northern Ireland holds few lessons for contemporary counter-terrorism strategy, this article examines the complex relationship between terrorism, counter-terrorism policy, and minority alienation in the United Kingdom through the lens of the Northern Ireland conflict and the BelfastAgreement. The main argument in this article, and the ultimate lesson that emerges from the Northern Ireland conflict, is that an effective counterterrorism strategy must move beyond short-term, coercive strategies, toward social and political strategies that are designed to address minority alienation and facilitate the project of building a socially cohesive, multicultural society.
  • Article

    The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Singapore

    Citation: [1994] Sing JLS 387
    The article examines the provisions of the International Arbitration Act, which introduces the UNCITRAL Model Law on International Commercial Arbitration to Singapore. It considers various issues which arise under the Act and compares its provisions with the existing Arbitration Act.
  • Article

    The Control of Polygamy

    Citation: [1964] Sing JLS 387
  • Article

    Confirming the Parting of Ways: The Law of Bias and the Automatic Disqualification Rule in England and Australia

    Citation: [2001] Sing JLS 388
    Despite the well stated differences between the "real danger" and the "reasonable apprehension" of bias tests as employed by English and Australian courts respectively in determining when a judge should be disqualified by reason of bias, the method of implementation of the latter test over the last decade poses the question whether the differences are more apparent than real. Rather, it is the recent rejection by the High Court of Australia in Ebner v Official Trustee in Bankruptcy of the "automatic disqualification" rule as set out by the House of Lords in R v Bow Street Metropolitan Stipendiary Magistrate; Ex parte Pinochet Ugarte (No 2) which more clearly marks the differences between the jurisdictions in this area of the law.
  • Article

    Small Claims Jurisdiction

    Citation: [1996] Sing JLS 389
    A special legal process for dealing with small claims was established in 1984. Under this process, a Small Claims Tribunal is conferred jurisdiction to hear and determine some disputes. The dispute settlement process adopted is simple and efficient. The tribunal is not bound by the rules of evidence. It is also not bound by the strict technicalities of the law. This article examines the important issue of what cases the tribunal should be allowed to determine.
  • Article

    Full Powers and the Constitutional Doctrine of Implied Amendments

    Citation: [2019] Sing JLS 390
    This article makes the case for the applicability of the doctrine of implied amendments to the_x000D_ Constitution of Singapore. The first part of this article tracks the origins and judicial development of the doctrine of implied amendments across the common law jurisdictions of Australia, Sri Lanka and Jamaica. The second part analyses whether the doctrine of implied amendments is applicable within the constitutional paradigm of Singapore based on a plain, textualist approach towards the Singapore Constitution. It also evaluates and analyses the historical academic and judicial treatment of the doctrine in Singapore, if any. The final part explores the normative justifications for adopting the doctrine of implied amendments, namely that it upholds the 'flexible constitutionalism' that characterises Singapore's constitutional system, and best weds the legal nature of the Westminster system of parliamentary democracy and sovereignty to the concept of a legal system predicated on constitutional supremacy.
  • Article

    Transnational Crimes: The Third Limb of the Criminal Law Asian Economic Crisis

    Citation: [2004] Sing JLS 390
    Transnational crime must be seen as a by-product of globalization. The same technological means which integrate the world's markets are used in the commission of crimes that have global effects. The need for the evolution of common rules and procedures to combat them is now coming to be recognized through the formulation of conventions and treaties containing common rules and strategies. These international standards have to be translated into domestic law, thus giving rise in the criminal law systems of states to a distinct body of crimes that are not dependent on the morality or the security of that state alone but on the concerns of other states and the global community as a whole. This would necessarily create a new limb in every criminal law system. The development of this new limb of the domestic criminal law will increasingly be dictated by events outside the state. This article is an effort at detailing the parameters of this new limb and at outlining the course of its possible future development.
  • Article

    After Privacy: The Rise of Facebook, The Fall of Wikileaks, and Singapore’s Personal Data Protection Act 2012

    Citation: [2012] Sing JLS 391
    This article discusses the changing ways in which information is produced, stored, and shared—exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks—and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no law on data protection until the passage of the Personal Data Protection Act 2012. The passage of that law suggests the possibilities and limitations of an approach to data protection that eschews both the European Union's privacy-rights-based approach and the ad hoc sectoral patches_x000D_ that characterise the U.S. approach to the subject.