The dichotomy of idealism versus pragmatism pervades the contrast between the Japanese and English approaches to conflict of laws but its manifestation is at its starkest in the treatment of foreign law. When choice-of-law rules indicate the application of a foreign law, its treatment gives rise to various issues. While the Japanese approach is geared to the equal treatment of the domestic and foreign laws, the English approach is very much informed by the need to promote speedy and efficient proceedings. Both idealism and pragmatism are positive attributes and the best balance should be sought between the two for each issue involved.

This article examines a method of debt financing which is relatively new in Singapore although it has been used in the United States since the 1930s and in England from the 1960s. Part of the reason for this may be attributed to the uncertainty over whether arrangements for subordinated debts will survive the insolvency of the debtor. This article will therefore focus primarily on the enforceability of the debt subordination agreements in the context of certain rules in the law of insolvency

The doctrine of common intention, and allied concepts like common objects, abetment, gang robbery and arms offences, which have the potential of imposing constructive criminal liability, have caused persistent problems. This discussion hopes to lay bare the complexity of the interpretative choice which has to be made. It goes on to suggest the direction which judges and law-makers ought to take with respect to constructive crimes in general.

Collective bargaining is an integral aspect of industrial relationship in Singapore. The precise scope of the restrictions placed on certain classess of employees to collective bargaining have been a subject of prolonged discussion between unions and employers. This article examines the Ministry of Labour 1992 Guidelines on union eligibility in light of relevant awards by the Industrial Arbitration Court with particular emphasis on the eligibility of middle level employees to join and participate in rank-and-file union activities.

Judicial and legal institutions in Asia, in general and Singapore, in particular, have come under criticism on the ground that they are not independent from the government of the day. This article explores the problems involved in assessing the value of such a critique: the open-endedness of the idea of independence itself (which in real life is a matter of degree), empirical difficulties in demonstrating that these institutions have indeed succumbed to improper government pressure, and the need to distinguish between institutional independence (as determined by constitutional agreements) and actual independence (as demonstrated by the decisions made in particular cases).

This article outlines the present land system in the People's Republic of China. It explains the difference between land ownership and land use rights. It also discusses problems related to land use rights over state-owned land.

Any lawyer who knows anything about the law relating to insurance will be familiar with the concept of insurable interest. In England, this requirement, in the context of general insurance, is imposed by the Life Insurance Act 1774. The provisions which relate to insurable interest do not just reproduce he English position. There are material differences between the English and the local positions. It is the aim of this article to explore the possible implications of these differences and to attempt to make suggestions as to the local legal position.

Bankruptcy processes are an integral part of any financial system; they provide an escape path for people burdened by problem debt, whilst also allowing businesses some level of clarity on the recovery of sums unpaid. Bankruptcy does however have a number of significant and longterm consequences for the debtor, and creditors are unlikely to have their accounts repaid in full. There has therefore been an increasing focus on the development of bankruptcy alternatives-allowing individuals to be released from debts without the strict processes and consequences of formal bankruptcy, whilst also maximising the returns to creditors. In Singapore, a wide variety of bankruptcy alternatives have developed, and indebted individuals can now make an educated choice based on their personal situation. This article analyses the different bankruptcy alternatives in Singapore, highlighting the benefits and detriments of the processes available and outlining some potential reforms to provide a comprehensive and accessible regime.

In Part I of this two-part article, the scope of the best evidence rule, both as it is understood at common law and as it is embodied in the Evidence Act, is clarified. Detailed consideration is particularly given to one of the expressions of the best evidence rule, namely, section 93. Part II will continue with a discussion of the inherent limitations in section 93 as opposed to its exceptions which are set out in section 94. The contention and demonstration that the Evidence Act is deficient in the treatment of mechanical, electrical and electronic recordings of relevant facts completes Part II.

The concept of 'distinctiveness' in the Singapore Trade Marks Act 1999 plays a very important role as gate-keeper of what should be entered unto the trade mark register. For this reason, there must be proper understanding of how the statutory provisions on distinctiveness work. The aim of this article is to unravel the knots in these provisions, and to propose a construction of these provisions that furthers the policy underlying the distinctiveness requirement - namely, publici juris.