Law

This book examines the rules of civil procedure and the ever-increasing case law in the context of carefully designed, underlying principles. This is a unique approach and its purpose is to inculcate a fuller and deeper understanding of procedure. Principles of Civil Procedure will enable the reader to gain a fundamental understanding of the elements of civil procedure in a very meaningful way at every level. It will assist lawyers in mastering difficult issues of procedure and present them with persuasive points which they can use in their arguments in almost every area. Civil procedure is not merely a body of rules. Rules are the mere facets of the subject. A true understanding of civil procedure comes only with an appreciation of the purposes of the rules and their link to the objectives of litigation. Apart from examining the principles and analysing the corresponding sources of law and the developing jurisprudence, the book aims to provide a clear account of civil practice in the courts. Lawyers will find this book extremely useful in preparing and presenting their cases in interlocutory proceedings and at trial and on appeal.

This volume is the Academy of Law's Monograph Series deals exhaustively with Industrial Design Law in Singapore. This aspect of intellectual property law is of course very relevant to Singapore's copyright policies and development. Indexed case references.

This is the first textbook on Singapore contract law that is written for a local audience. It offers a comprehensive and structured discussion of all aspects of Singapore contract law. The book also draws, wherever applicable, on salient decisions from other Commonwealth jurisdictions (particularly with regard to areas of Singapore contract law that are not well-settled or which may benefit from comparative contract jurisprudence). In addition, the book contains references to relevant secondary literature as well as suggestions for reform, where applicable and necessary. Given its comprehensive treatment of Singapore contract law as well as its reference to a wide range of comparative material, this book will be useful not only to local practitioners and students but also to practitioners and students from other common law jurisdictions.

This massive volume indicates the substantial nature of the achievements of Chan Sek Keong (b. 1937), Third Chief Justice of Singapore from 2006 to 2012. The six papers in Part One include a biographical summary and speeches and interviews given on celebratory occasions. Six essays then describe and honour different aspects of Chan Sek Keong's expertise. They are followed by ten speeches made by him at different stages of his career. Nineteen of his speeches and publishes essays on aspects of Criminal, Public, International and Commercial Law follow, and the volume ends with five of his obituary tributes to major legal luminaries who have played a major part in Singapore's legal development. With case table and index.

More than a decade ago, before globalization became a buzzword, Yves Dezalay and Bryant G. Garth established themselves as leading analysts of how that process has shaped the legal profession. Drawing upon the insights of Pierre Bourdieu, Asian Legal Revivals explores the increasing importance of the positions of the law and lawyers in South and Southeast Asia. Dezalay and Garth argue that the current situation in many Asian countries can only be fully understood by looking to their differing colonial experiences - and in considering how those experiences have laid the foundation for those societies' legal profession today. Deftly tracing the transformation of the relationship between law and state into different colonial settings, the authors show how nationalist legal elites in countries such as India, Indonesia, Malaysia, the Philippines, Singapore, and South Korea came to wield political power as agents in the move toward national independence. Including fieldwork from over 350 interviews, Asian Legal Revivals illuminates the more recent past and present of these legally changing nations and explains the profession's recent revival of influence, as spurred on by American geopolitical and legal interests.

Recently, a growing body of work on "law and finance" and "legal origins" has highlighted the role of formal legal institutions in shaping financial institutions. However, these writings have focused largely on Europe, neglecting important non-Western traditions that prevail in a large part of the world. Covering the regions of Western Europe, East and South Asia, and the Middle East, the chapters explore major themes regarding the nature and evolution of different legal regimes; their relationship with the state or organized religion; the definition and interpretation of ownership and property rights; the functioning of courts, and other mechanisms for dispute resolution and contract enforcement; and the complex dynamics of legal transplantations through processes such as colonization. The text makes clear that the development of legal traditions and institutions-as embodiments of cultural values and norms-exerts a strong effect on long-term economic change. And it demonstrates that a good understanding of legal origins around the world enriches any debate about Great Divergence in the early modern era, as well as development and underdevelopment in 19th-20th century Eurasia.

Efforts to expand the scope of legal protection given to reputation and brands in the Asia Pacific region have led to considerable controversy. Written by a variety of experts, the essays in this book consider the developing law of reputation and brands in a fraught area.

The study of Asia and its plural legal systems is of increasing significance, both within and outside Asia. Law and Legal Institutions of Asia is the first book to offer a comprehensive assessment of eleven key jurisdictions in Asia - China, Hong Kong, Taiwan, Japan, Korea, Vietnam, Malaysia, Indonesia, Brunei Darussalam, Singapore and the Philippines. Written by academics and practitioners with particular expertise in their state or territory, each chapter uses a breakthrough approach, facilitating cross-jurisdictional comparisons and giving essential insights into how law functions in different ways across the region and in each of the individual jurisdictions.

These 25 substantial legal papers reflect on developments in Singapore Law between 2006 and 2010 and were given at the quinquennial 2011 Conference of the Singapore Academy of Law. They deal with aspects of Singapore's: arbitration law and practice; contract law; civil procedure; on tort, land and on administrative law; conflict of laws; and corporations law. With a table of cases.

This substantial and authoritative study of Singapore constitutional law will clearly become a major reference resource. Discussion of the constitutional framework of powers and rights is comprehensive and geared to the situation of an ethnically, and religiously diverse society with particular problems and needs in the context of international and human rights movements. Comparative reference is made to Malaysian, Indian and other common law contexts. With tables of cases and of legislation and index.

This substantial textbook on the law of torts in Singapore will clearly become a pivotal resource and vademecum for both law students and practitioners. The vast subject is expounded with local and foreign comparisons and case material. Indexed.

This substantial legal text on arbitration in Singapore deals with awards, i.e. the end result of the arbitration process in Singapore, and also enforcement aspects of arbitration made outside Singapore. Details of relevant legislation, the appointment of lay and legal arbitrators, and relevant local and foreign legislation and case material are set out in this comprehensive volume. With appended documents, and index.

The enactment of the revisionary and innovative Criminal Procedure Code 2010 formed a major watershed in Singapore's criminal legal structure which had grown from the 19th century basic Criminal Procedure Code. Seven legal specialists contribute to this weighty tome which provides case references and guidance for practitioners and prosecutors. The context, rationale and implications of many of the new provisions are also explored with extensive cross-referencing. With appended documents, comparative table of provisions, and index.

There has been an exponential rise in the use of ICA for resolving international business disputes, yet international arbitration is a scarcely regulated, specialty industry. International Commercial Arbitration: An Asia Pacific Perspective is the first book to explain ICA topic by topic with an Asia Pacific focus. Written for students and practising lawyers alike, this authoritative book covers the principles of ICA thoroughly and comparatively. For each issue it utilises academic writings from Asia, Europe and elsewhere, and draws on examples of legislation, arbitration procedural rules and case law from the major Asian jurisdictions. Each principle is explained with a simple statement before proceeding to more technical, theoretical or comparative content. Real-world scenarios are employed to demonstrate actual application to practice. International Commercial Arbitration is an invaluable resource that provides unique insight into real arbitral practice specific to the Asia Pacific region, within a global context. With glossary and index.

In recent years, China's leaders have started to confront the environmental, economic, and social costs of unchecked development. China's increasing reliance on foreign oil has engendered national security fears and launched a drive for more efficient transportation systems and domestic renewable energy projects. Meanwhile, pressure from a rising middle class and the international community has focused leadership attention on ways to make China's economic engine run more efficiently and with less impact upon the domestic and global environment. This profound shift in priorities has elevated environmental sustainability to the top of the national agenda. To advance this new agenda, the environmental laws that China has enacted over the past 30 years are being strengthened, and new environmental regulations and standards are being issued everyday. Entities operating in China are faced with the need to understand the impact of China's environmental law requirements upon their businesses, and to take actions to ensure that they are in compliance with those requirements. In Environmental Law in China: Managing Risk and Ensuring Compliance, Charles McElwee addresses how China's environmental regulatory and legal frameworks are structured, how to maintain operational compliance with the environmental laws and regulations, how to ensure products sold in China comply with environmental regulations, and the potential risks and liabilities that attend non-compliance. McElwee offers unique insight into how environmental law is in fact applied, setting forth a realistic account of the way companies encounter Chinese environmental regulations at both the local and national levels.

This book presents the only English language, up-to-date, and comprehensive reference to Japanese law. It covers a wide range of topics, from the fundamentals of the Japanese legal system to the Civil Code, which is the cornerstone of private law in Japan and business related laws in a comprehensive manner. The author presents the current state of Japanese law in operation by referring to numerous cases and the latest discussions. Since the last edition in 1999, Japanese Law, in almost every area, has undergone substantial reform, all of which is reflected in the new text. In particular, the new edition contains the first comprehensive analysis of the new Company Law and the Financial Instruments and Exchange Law.

This volume traces the development of a unique 'Anglo-Malay madhhab' in these states, initially by colonial and latterly by successor states. In Malaysia and Brunei, shari'ah has been filtered through Anglo-common law state institutions, creating a hybrid 'Anglo-Muslim' mixture of legal doctrines.

Based on extensive fieldwork, this volume gives a detailed account of current debates, legal institutions and substantive laws, explicitly asking whether a uniquely Indonesian approach to Shari'ah can be identified, as many local Muslim leaders have long argued is the case.

2011 reissue of the 1992 publication of the First Braddell Memorial lecture given in 1970 by the Tan Sri Datuk Ahaed Ibrahim (D. 1916) who has had of course wide experience of the law in both Singapore and Malaysia. Law and the forms of its survival and of customary law as well as the 1786 beginnings of Colonial/ British Law in Penang and subsequently in the Straits Settlements. Legal provisions and practice in the mid-19th century onwards is traced through to various modifications and developments under the Federation of Malaya . The third section reviews aspects of legal history in the Borneo States. It should of course be noted that the lecture was given in 1970. With bibliography and index.

This book looks at the extent to which the judges of the Indonesian religious court have referred to the Kompilasi Hukum Islam as a close or legislated code in resolving the cases. The book stresses the role of judges at the religious courts and shows how a different perspective can produce different pictures and how the main actors in what other legal scholars portray as the success story of Indonesia's legal system, if depicted from a different angle, suddenly become weak and powerless figures, lacking strong weapons. Using Weber's approach on legal rationalization, the book investigates important dynamics in the history of Islamic justice and portrays the shift of legal awareness among Muslims in the country.