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|131. ||SEPTEMBER 2016 Issue|
|Case and Legislation Notes: The Presumption of Constitutionality and the Right to Equality in the Granting of Certificates of Substantive Assistance Under Section 33B of the Misuse of Drugs Act|
Grace Morgan  Sing JLS 344 (Sep)
In Ridzuan, two co-accused were charged with and convicted of drug trafficking, yet only one received a certificate of substantive assistance under s 33B of the Misuse of Drugs Act. This commentary examines the novel questions on the right to equality with respect to the granting of certificates of substantive assistance as raised in the Court of Appeal's decision. This commentary also addresses the broader question of how the presumption of constitutionality should apply in various contexts. Finally, it proposes a legislative mechanism to improve the institutional safeguards in place for the granting of these certificates.
|132. ||SEPTEMBER 2016 Issue|
|Case and Legislation Notes: Use of Third Party Conviction as Evidence in Subsequent Criminal Proceedings|
Benny Tan  Sing JLS 356 (Sep)
For more than a decade in Singapore, it was unclear whether the previous conviction of a third party can be admitted as evidence not only in civil, but also in criminal proceedings. The Singapore Court of Appeal in the recent criminal reference case of Chua Boon Chye determinatively answered the question in the positive. This clarification is very much welcomed.
|133. ||SEPTEMBER 2016 Issue|
|Book Reviews: Contract as Assumption II: Formation,Performance and Enforcement by Brian Coote, ed by JW Carter|
Sandra Booysen  Sing JLS 369 (Sep)
The saying that we "stand on the shoulders of giants" couldn't be more apt for Emeritus Professor Brian Coote CBE, who has influenced and stimulated our thinking about modern contract law in so many ways. Just one example of this influential scholarship, which features in this volume, is Coote's unorthodox but persuasive view of exemption clauses as demarcating the primary obligations under the contract, rather than acting to protect from a liability that otherwise arises. Coote's modest remark in the final chapter of this book, "[w]ho is interested in my kind of contract anyway?" (at p 206) belies the attention paid to his insights by scholars all over. As the title of the volume indicates, this text continues the theme of an earlier volume, Contract as Assumption: Essays on a Theme (2010). In this book, edited and prefaced by Emeritus Professor John Carter, another contract giant and fellow antipodean, contract scholars are offered a second collection, mostly of Coote's previous writings that were previously published in books or eminent journals including the Cambridge Law Journal, Journal of Contract Law and the Modern Law Review. Each of the republished chapters has seen slight changes from the original as part of Carter's editing contribution. The predominant focus is on aspects of contract formation, explored against the background of Coote's theory of contract as assumed, not imposed, obligations.
|134. ||SEPTEMBER 2016 Issue|
|Book Reviews: Law, Society and Transition in Myanmar by Melissa Crouch and Tim Lindsey, eds|
Samuel Chan  Sing JLS 371 (Sep)
The political "transition" in Myanmar in recent years has opened up unprecedented opportunities for access and sustained engagement with the "law" in Myanmar and its intersections with Myanmar "society". This book serves two purposes. The first is to introduce Myanmar law in context to the interested student. Second, having observed that "[l]egal scholars took their eyes off Myanmar for too long" (at p 3), this timely book aims to provide the impetus for future research on Myanmar law and society.
|135. ||SEPTEMBER 2016 Issue|
|Book Reviews: ASEAN Environmental Legal Integration: Sustainable Goals? by Koh Kheng-Lian, Nicholas A Robinson and Lye Lin-Heng|
Joseph Chun  Sing JLS 374 (Sep)
ASEAN Environmental Legal Integration: Sustainable Goals? is a contribution to the Integration Through Law: The Role and the Rule of Law in ASEAN Integration series, a project undertaken by the Centre for International Law at the National University of Singapore. The Association of Southeast Asian Nations ("ASEAN") was established in 1967 as a platform for five of the original ASEAN Member States ("AMSs"), Indonesia, Malaysia, Philippines, Thailand and Singapore, to promote cooperation towards peace, progress and prosperity in the region. In 2007, the AMSs, by now expanded to include Brunei, Cambodia, Laos, Myanmar and Vietnam, signed and ratified the Charter of the Association of Southeast Asian Nations, 20 November 2007 [ASEAN Charter], and created a formal legal and institutional framework for ASEAN.
|136. ||SEPTEMBER 2016 Issue|
|Book Reviews: Lord Sumption and the Limits of the Law by Nicholas Barber, Richard Ekins and Paul Yowell, eds|
Michael W Dowdle  Sing JLS 378 (Sep)
On 20 November 2013, Jonathan Philip Chadwick Sumption, a Justice of the Supreme Court of the United Kingdom since 2012, delivered the 27th Sultan Azlan Shah Lecture in Kuala Lumpur. Entitled "The Limits of Law", it explored the role that judicial review should play in a democratic system, expressing concern that particularly insofar as questions of fundamental rights are concerned, the English courts' expanding resort to judicial review was increasingly impinging upon political terrain that is more properly the purview of parliament. His argument along these lines derived primarily from two claims. The first is that judicial modes of investigation, which generally limit their focus to the concerns of the parties before the court, are inappropriate in the context of the much more polycentric nature of questions of fundamental rights
|137. ||SEPTEMBER 2016 Issue|
|Book Reviews: Diversity in Intellectual Property: Identities, Interests and Intersections by Irene Calboli and Srividhya Ragavan, eds|
Susanna H S Leong  Sing JLS 385 (Sep)
It is true that the term "intellectual property" ("IP") may give to the uninitiated the impression that it refers to a homogenous or unified subject matter. It is also true that not too long ago, at most a couple of decades, the then-prevailing thought leadership in IP was that in order to promote trade and to create a level playing field, a gradual harmonisation of IP rights in the world by the incorporation of minimum standards into international trade agreements was both necessary and justifiable. It is further true that the IP protection regime, perceived as a unified body of law, has become an integral part of international trade negotiations and has never been more economically and politically important than the present day. Nevertheless, the quest for a "one size fits all" regime in the IP system has increasingly been subject to question particularly in light of the fact that IP comprises historically distinct regimes of patent, copyright and trade mark law which differ greatly in terms of historical origins, policy objectives, scope of protection as well as social and commercial impact; even as we acknowledge that the rationale for protection is based primarily on theories of utilitarian incentives. Considered from this perspective, diversity is thus an integral and unique trait of IP that must be constantly borne in mind as well as embraced as we navigate the plethora of issues in this complex area.
|138. ||SEPTEMBER 2016 Issue|
|Book Reviews: Constitutional Interpretation in Singapore&#151;Theory and Practice by Jaclyn L Neo, ed|
Maartje de Visser  Sing JLS 389 (Sep)
Jaclyn Neo's edited volume Constitutional Interpretation in Singapore&#151;Theory and Practice is nicely situated at the confluence of two themes that are du jour in the constitutional law discourse: the methodological turn towards more empiricism and an academic infatuation with determining the proper role of courts within the system.
|139. ||MARCH 2016 Issue|
|Cross-Border Cooperation in Bank Resolution: A Framework for Asia|
Vivien Chen, Andrew Godwin and Ian Ramsay  Sing JLS 1 (Mar)
This paper identifies challenges to cross-border cooperation in Asia in the area of bank resolution and potential measures to enhance cooperation. In line with the consensus-based approach that is common in Asia, these measures include strengthening regulatory harmonisation and promoting convergence in supervisory practices through the use of non-binding guidelines. Drawing on the experience in the EU and the Trans-Tasman cooperation between Australia and New Zealand, the paper proposes that convergence-promoting functions be incorporated within existing institutions and considers the use of resolution colleges. In addition, acknowledging the preference in Asia for bilateral arrangements over multilateral arrangements, the paper suggests ways in which information sharing and recognition of foreign resolution action can be enhanced and draws on the experience of Singapore for this purpose.[Full Text]
|140. ||MARCH 2016 Issue|
|The CISG as a Model Law: A Comparative Law Approach|
Angelo Chianale  Sing JLS 29 (Mar)
In this article I adopt a comparative law approach to illustrate the coexistence of various models governing the sale of goods, and their classification on the basis of two main characteristics: the transfer of property and the opposition certainty/flexibility. I use this approach to analyse the United Nations Convention on Contracts for the International Sale of Goods.1 Then I examine how the CISG influenced several national systems and can influence future attempts at regional harmonisation. I conclude with the reasons that in my opinion make the CISG a good model for the sale of goods (prestige, equilibrium and derogability), and with the desirable future developments.