2321 records match your query:
|421. ||DECEMBER 2006 Issue|
|Agency Costs in Controlled Companies|
Rachagan, Shanthy  Sing JLS 264 (Dec)
Agency costs have become one of the significant issues in the protection of minority shareholders particularly in controlled companies. The obvious advantage of a controlling shareholder lies in the fact that the controlling shareholder's interest is aligned to that of the non-controlling shareholder. However the concern with controlled companies is that there may be "private benefits of control" which is usually taken to mean as including everything controlling shareholders are able to get out of their position without minority shareholders receiving a proportionate share. There is persistent danger that controlling shareholders will transfer company's resources to themselves. This article will deliberate the reasons why we need to extend protection to minority shareholders. The article will then examine the nature and extent of the agency problems faced by minority shareholders in controlled public companies in Malaysia. The article will achieve this objective by discussing the various strategies available to overcome agency costs arising from the relationship of controlling shareholders and minority shareholders. The article will also discuss the application of the strategies to overcome agency problems in Malaysia. The article will conclude that to entrench a culture of sound corporate governance in Malaysia requires more than just changes to laws and regulations, it requires the introduction of a self-enforcing model.
|422. ||DECEMBER 2006 Issue|
|Hong Kong's Political Autonomy and its Continuing Struggle for Universal Suffrage|
Chan, Phil CW  Sing JLS 285 (Dec)
HongKong has faced tremendous transitions as the United Kingdom and China negotiated its political future which culminated in China's resumption of sovereignty over Hong Kong in July 1997. Whilst massive human rights violations in Hong Kong have not materialised after 1997, the autonomy as has repeatedly been promised to the people of Hong Kong by the British and Chinese governments has been eroded. We will assess whether Hong Kong is entitled to the right of self-determination under international law and, if so, what the right entails and whether and how it has been violated or implemented. We will then discuss how the ultimate aim of universal suffrage in Hong Kong continues to be diluted. Finally, we will examine the constitutional implications of the Standing Committee of the National People's Congress' power and use of interpretation of a law that is meant to be the ultimate law of Hong Kong.
|423. ||DECEMBER 2006 Issue|
|Multiculturalism in Law is Legal Pluralism-Lessons from Indonesia, Singapore and Canada|
Bell, Gary F  Sing JLS 315 (Dec)
The Indonesian, Singaporean and Canadian States define or describe themselves as multicultural. Since law is part of one's culture, a state's multiculturalism should lead that state to recognise a multiplicity of laws, to recognise one form or another of legal pluralism. Singapore and Indonesia practice legal pluralism by granting state recognition to laws other than state law. Canada however does not really do so. The author questions Canada's commitment to multiculturalism in law.
|424. ||DECEMBER 2006 Issue|
|Conceiving Islamic Law in a Pluralist Society: History, Politics and Multicultural Jurisprudence|
Emon, Anver M  Sing JLS 331 (Dec)
The oft-repeated idea of Sharia as a code of law, and thereby rigid and inflexible, reflects a concept of law arguably with a provenance stemming from the 18th and 19th centuries during the period of European colonization in Muslim lands. With the advent of European-style laws, legal institutions, and legal curricula, Shariawas reduced to an abstract body of doctrines disconnected from a historical or institutional context. This concept of Sharia has transformed its significance: no longer a rule of law tradition, it is often used to provide (over)determinate anchors in contests over political identity. As liberal societies grapple to find a place for religious communities such as Muslims, this paper suggests that governments and private parties cooperate to develop a Muslim civil society sector that facilitates debate within the religious community, and between the government and the religious community. Civil society can be used to empower competing voices within the Muslim community, undermine conceptions of religious absolutism, and foster a mutual accommodation between religious commitment and national values.
|425. ||DECEMBER 2006 Issue|
|Discretion and the Culture of Justice|
Sossin, Lorne  Sing JLS 356 (Dec)
This paper analyzes the role of multiculturalism in the exercise of administrative discretion. Whether the setting is national security or social welfare eligibility, standards of justice rise or fall on the judgments of individual "front-line" decision-makers. Such decision-makers are the human face of the state. Against this contextual backdrop, this paper addresses a series of critical questions, including: To what extent is the exercise of discretion specifically, and the character of the administrative state more generally, determined by culture and identity? Will decision-makers in a representative public service treat members of their own communities differently than members of other communities? Administrative culture and culture of the society at large are deeply entangled in the exercise of discretion. The reasons for discretionary decisions, in other words, must grapple with and not sidestep the values, beliefs and administrative structures which underlie them. This approach is elaborated in the Canadian context, with particular emphasis on the policy of the federal government to achieve a multicultural public service and the development of impartiality and fairness standards in Canadian administrative law.
|426. ||DECEMBER 2006 Issue|
|Counter-Terrorism Policy and Minority Alienation: Some Lessons from Northern Ireland|
Ramraj, Victor V  Sing JLS 385 (Dec)
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.
|427. ||DECEMBER 2006 Issue|
|National Security, Multiculturalism and Muslim Minorities|
Roach, Kent  Sing JLS 405 (Dec)
Using case studies of Muslim minorities in Canada and Singapore, this paper examines the complex relationship between multiculturalism and national security. The first part of the paper examines the different characteristics of Muslim minorities in Canada and Singapore with an emphasis on how Canada's Muslim minority is smaller, more diverse and less well established than Singapore's. The next section examines some of the dangers of hurried or heavy-handed attempts to merge concerns about multiculturalism with security that do not build on pre-existing institutions and inter-group relations. The next part outlines Canada's and Singapore's main responses to 9/11 with special attention to how these responses may affect the Muslim minorities in both countries and the way each society has managed the arrest and detention of suspected terrorists. The next section explores the role of transparent and independent review of national security activities in the maintenance of public confidence in the fairness of the state's security strategies in multicultural societies. The final section critically examines the emerging trend of prosecuting speech associated with terrorism and the consequent blurring of anti-terrorism and anti-hate rationales for the prohibition of extreme political or religious speech. The article concludes with a discussion of how Canada and Singapore will deal with the challenges of crafting national security policies for their multicultural societies in their own distinct manner.[Full Text]
|428. ||DECEMBER 2006 Issue|
|In the Space Between Words and Meaning: Reflections from Translating Lao Laws to English|
Wong, Eleanor  Sing JLS 439 (Dec)
Since early 2005, members of the NUS Legal Skills Team have been engaged in a project jointly sponsored by the UNDP and the Singapore government to translate Lao laws into English. The translations have been adopted by the National Assembly of Laos, published online and made easily available with the aim of facilitating interaction between the international community and Laos. At this time, the team has already worked on more than three quarters of the total number of laws in Laos. This paper discusses the challenges faced by the project team and the insights gained in bridging the differences of language, legal system and culture. The author hopes that the insights will be relevant not just to those engaged in the process of legal translation but to transactional lawyers, law academics and other readers who have had to confront similar challenges in arriving at a true meeting of minds across legal systems and cultures
|429. ||DECEMBER 2006 Issue|
|Defining (or Refining) the Meaning of Dishonesty after Twinsectra|
Barkehall Thomas, Susan  Sing JLS 459 (Dec)
|430. ||DECEMBER 2006 Issue|
|Providing Assistance for Financial Assistance|
Ewing-Chow, Michael and Tjio, Hans  Sing JLS 465 (Dec)