Contacts - NUS - Faculty of Lawlaw.nus.edu.sg/research_publications/pdfs/profile2003.pdfa wide range...
Transcript of Contacts - NUS - Faculty of Lawlaw.nus.edu.sg/research_publications/pdfs/profile2003.pdfa wide range...
ContactsNational University of Singapore
Faculty of Law
Faculty of Law
National University of Singapore
13 Law Link
Singapore 117590
Tel: (65) 6874 1305 / 6874 3604
Fax: (65) 6779 0979
Website: http://law.nus.edu.sg
Graduate Division
Tel: (65) 6874 3630
Fax: (65) 6779 0979
Email: [email protected]
Website: http://grad.law.nus.edu.sg
Asia-Pacific Centre for
Environmental Law (APCEL)
Tel: (65) 6874 6246
Fax: (65) 6872 1937
Email: [email protected]
Website: http://law.nus.edu.sg/apcel
Centre for Commercial Law
Studies (CCLS)
Tel: (65) 6874 3644
Fax: (65) 6872 1937
Email: [email protected]
Website: http://law.nus.edu.sg/ccls
Faculty Publications
Singapore Journal of Legal Studies
Singapore Journal of International
& Comparative Law
Tel: (65) 6874 3102
Fax: (65) 6779 0979
Website: http://law.nus.edu.sg/publications.htm
ContentsIntroduction 2
Staff Profile 3
Centres 15
Journals 21
Continuing Legal Education Programme 25
Journal Affiliations 27
Staff Publications 31
Books 32
Books Edited 32
Chapters in Books 33
Journal Papers Published 35
Reports 39
Book Reviews 40
Conferences / Workshops 41
Others 47
Student Publications 49
Research Projects 51
Graduate Research Degrees 55
Student Research Papers 57
IntroductionThe National University of Singapore (NUS) was formally established in 1980 with the mergerof the University of Singapore and the Nanyang University. Its history can, however, betraced back to 1905, when Singapore’s first centre of higher education, the King EdwardVII College of Medicine, was established. The NUS is a comprehensive university offeringa wide range of undergraduate and graduate studies, and has more than 30,000 students.
The Faculty of Law at NUS is the only law faculty in Singapore and is responsible forproducing the majority of entrants to the legal profession. The undergraduate law degreeis a four-year one, where students study a mixture of core and optional law subjects aswell as some non-law options. A limited number of students who already have a firstdegree in another discipline are also admitted each year, and they complete their lawdegree in three years. Law graduates who wish to practice law have to go on to do apractical Bar course and serve a period of pupillage.
The Law Faculty has attained an impressive reputation in mooting and debating, and itis the only law school in the world to have won the Philip C Jessup International Law MootCourt Competition four times.
The Faculty has produced prominent judges, lawyers and legal academics. Its graduateshave also become successful in diverse fields ranging from the civil service, diplomacyand politics, to drama, dance and publishing.
In addition to the undergraduate degree, a range of postgraduate qualifications bycoursework and research are also available. Three new specialist LLM coursework degreeswill be launched in July 2003 in the areas of Corporate & Financial Services Law; IntellectualProperty & Technology Law and International & Comparative Law. The postgraduatepopulation is a cosmopolitan one, with students from Asia, Europe, North and SouthAmerica, Africa and Oceania.
The Faculty produces two journals, the Singapore Journal of Legal Studies and theSingapore Journal of International and Comparative Law. It also has two centres, theAsia-Pacific Centre for Environmental Law (APCEL) and the Centre for Commercial LawStudies.
Faculty members are drawn from amongst the best members of their cohort, and havebeen trained in some of the most well established law schools in the world. They alsopossess wide-ranging professional and practical experience.
This research profile records Faculty works published or accepted for publication from1January to 31December 2002.
NUS
4 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
DEAN
ASSOC PROF TAN CHENG HAN
LLB (NUS), LLM (Cantab), Advocate & Solicitor (Singapore)
• Vice-President, Singapore Academy of Law
• Member, Securities Industry Council
• Director, Singapore Technologies Aerospace Limited
• Director, Chuan Hup Holdings Limited
• Director, Exploit Technologies Pte Ltd (formerly NSTB Holdings Pte Ltd)
VICE DEANS
ASSOC PROF ROBERT CHARLES BECKMAN
JD (Wisconsin), LLM (Harv)
• Advisor, Maritime & Port Authority of Singapore (MPA)
• Member, Legal Committee, Singapore Shipping Association (SSA)
• Executive Chairman, Society of International Law (Singapore)
• Deputy Director, Asia-Pacific Centre for Environmental Law (APCEL),Faculty ofLaw, NUS
ASSOC PROF DORA S S NEO
MA (Oxon), LLM (Harv), Barrister (Gray’s Inn, England), Advocate & Solicitor (Singapore)
• Senate Member, Singapore Academy of Law
• Member, Law Reform Committee, Singapore Academy of Law
• Member, Library & Publications Committee, Singapore Academy of Law
• Member, Publications Appeal Committee, Ministry of Information and the Arts
• Member, Committee to Review Legislation Relating to Moneylending, Pawnbrokingand Hire Purchase, Ministry of Law
DEPUTY DIRECTOR, GRADUATE DIVISION
ASSOC PROF TEO KEANG SOOD
LLM (Malaya), LLM (Harv), Advocate & Solicitor (Malaya)
• General Editor, Annual Review of Singapore Cases 2002, Singapore Academy ofLaw
EMERITUS PROFESSOR
PETER ELLINGER
D Phil (Oxon), Advocate & Solicitor (Singapore)
• Consultant, Rajah & Tann
5 RESEARCH PROFILE 2003 Faculty of Law
PROFESSORS
S JAYAKUMAR (On leave)
LLB (Sing), LLM (Yale), BBM, Advocate & Solicitor (Singapore)
• Minister for Law
• Minister for Foreign Affairs
• Member of Parliament, East Coast GRC
TOMMY KOH THONG BEE (On leave)
LLB (Malaya), LLM (Harv), Dip Crim (Cantab), LLD (Yale, Honoris Causa), PJG, BBM,DUBC, Advocate & Solicitor (Singapore)
• Ambassador-at-Large
• Director, Institute of Policy Studies
• Chief Negotiator, US-Singapore Free Trade Agreement
LEONG WAI KUM
LLB (Malaya), LLM (Harv), Advocate & Solicitor (Malaysia)
• Member, Legal Education & Studies Committee, Singapore Academy of Law
• Member, Inter-Ministerial Committee on the Convention on the InternationalAbduction of Children
• Member, Final Round Selection Board, Raffles Scholarship, British HighCommission
• Visiting Fellow, the Clarke Program in East Asian Law and Culture & theFeminism and Legal Theory Project, Cornell Law School, USA
PINSLER J D
LLB (L’pool), LLM (Cantab), Barrister (Middle Temple, England), Advocate & Solicitor(Singapore)
• Member of Working Party for Reform of the Rules of Civil Procedure
• Member of Professional Affairs Committee of Academy of Law
• Accredited Mediator of Singapore Mediation Centre
• Panel of Arbitrators, Singapore International Arbitration Centre
• Member, Panel of Law Reform Consultants, Attorney-General’s Chambers
M SORNARAJAH
LLB (Ceylon), LLM (Yale), LLM, PhD, LLD (London), Advocate, Supreme Court ofCeylon, Solicitor of the High Court of England and Wales
• Professorial Fellow, Centre for Petroleum, Energy and Natural Resources Law,University of Dundee
• Visiting Research Fellow, Max Planck Institute for International Law,
Heidelberg, Germany
• Member, Dispute Resolution Board in International Trade, UNCTAD, Geneva,Switzerland
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TAN SOOK YEE
BA (Mod), LLB (Dublin), Barrister (Middle Temple, England), Advocate & Solicitor(Singapore)
• Member, Strata Titles Board
• Member, Tenants Compensation Board
TAN YOCK LIN
BSc (Eng) (Lond), BA, DipEconDevt, BCL (Oxon)
• Senate Member, Singapore Academy of Law
• Member, Law Reform Committee, Singapore Academy of Law
• Member, Panel of Law Reform Consultants, Attorney-General’s Chambers
GEORGE WEI SZE SHUN
DiplLaw (Lon), LLM (Lon), Barrister (Inner Temple and Hong Kong)
WALTER WOON CHEONG MING (On leave)
LLB (NUS), LLM (Cantab), Advocate & Solicitor (Singapore)
• Ambassador to the Federal Republic of Germany
• Ambassador to Greece
PROFESSORIAL FELLOW
KOH KHENG LIAN
LLB (Malaya), LLM, PhD (Sing), Dipl De Haute Etudes Internationales (University ofGeneva), Advocate & Solicitor (Singapore)
• Director, Asia-Pacific Centre for Environmental Law (APCEL), Faculty of Law,NUS
• UCN-CEL Vice Chair for South and East Asia, and Member of its SteeringCommittee
• Member, Regional Biodiversity Advisory Group (IUCN)
• ADB Consultant, Capacity Building in Environmental Law Project
• Member, Panel of Experts in Environmental Law, Permanent Court of Arbitration,Peace Palace, The Hague
ASSOCIATE PROFESSORS
GARY F BELL
BTh (Laval) BCL (McGill), LLB (McGill), LLM (Columbia), Advocate (Québec)
CHAN WING CHEONG
MA (Oxon), LLM (Cornell), Barrister (Gray’s Inn, England), Attorney & Counsellor-at-Law (New York State), Advocate & Solicitor (Singapore)
• Member, Inter-Ministry Committee on the UN Convention on the Rights of theChild
• Chairman, Volunteer Probation Officers’ Committee, Ministry of CommunityDevelopment and Sports
• Court Mediator, Family Division, Subordinate Courts of Singapore
7 RESEARCH PROFILE 2003 Faculty of Law
CHIN TET YUNG
Dip Econ (LSE), LLB (Lond), BCL (Oxon), Barrister (Inner Temple, England)
• Member of Parliament, Sembawang GRC
• Chairman, Government Parliamentary Committee on Law and Home Affairs
• Arbitrator and Member, Permanent Court of Arbitration - The InternationalCourt of Justice
BARRY CLIVE CROWN
LLB (Jer), LLM (Lond), MLitt (Oxon), Solicitor (England & Wales)
MARGARET FORDHAM
BA (Hons) Dunelm, Solicitor (England and Wales, Hong Kong)
• Case and Legislation Comments Editor, Singapore Journal of Legal Studies
• Deputy Chair, Board of Governors, Tanglin Trust School
STEPHEN DARRYL GIRVIN
BA, LLB, LLM (Natal), PhD (Aberdeen), Advocate of the High Court of South Africa
• Member, Young Lawyers Committee, Comité Maritime International
HO HOCK LAI
LLB (NUS), BCL (Oxon), Advocate & Solicitor (Singapore)
HO PENG KEE (On leave)
LLB (Sing), LLM (Harv), Advocate & Solicitor (Singapore)
• Senior Minister of State for Law
• Senior Minister of State for Home Affairs
• Member of Parliament, Nee Soon East
MICHAEL HOR YEW MENG
LLB (NUS), BCL (Oxon), LLM (Chicago), Advocate & Solicitor (Singapore)
• Chief Editor, Singapore Journal of Legal Studies
HSU LOCKNIE
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
• Trade Law Editor, Singapore Journal of International and Comparative Law
• Member, Protem Committee for proposed International Trade Law and PolicyCentre
KAAN SHEUNG-HUNG, TERRY
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
• Member, Bioethics Advisory Committee (BAC); and Chairman, BAC HumanGenetics Subcommittee
• Member, National Medical Ethics Committee, Ministry of Health
• Board Member, Singapore Nursing Board
• Member, Advisory Committee on Kidney Dialysis and Transplantation, Ministry ofHealth
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Facultyof LAW
JOEL LEE TYE BENG
LLB (Hons)(Wellington), Barrister & Solicitor (New Zealand), LLM (Harv), Advocate &Solicitor (Singapore), DCH (AIH)
• Mediator, Singapore Mediation Centre
• Member, Resource Panel of Ministry of Law, ADR Division
• Adjunct Faculty, Public Policy Programme, NUS
LI MEI QIN
LLB (Peking University), LLM (Columbia), Legal Counsellor (Beijing)
• Member, China Expert Group of Network China
• Professorial Visiting Fellow, Dongwu Comparative Law Institute,Suzhou University
ALEXANDER F H LOKE (On leave)
LLB (NUS), LLM (Columbia), Advocate & Solicitor (Singapore)
• Member, International Advisory Panel, International Journal of Disclosure andGovernance (London)
LYE LIN HENG, IRENE
LLB (NUS), LLM (London), LLM (Harvard), Advocate & Solicitor (Singapore)
• Deputy Director, Asia-Pacific Centre for Environmental Law (APCEL),Law Faculty, NUS
• Chair, Executive Committee, MSc (Env Mgt) programme, NUS
• Board Member, Land Titles (Strata) Board
• Chair, Environmental Law Education Committee, IUCN Commission onEnvironmental Law
• Member, Academic Advisory Group : Section on Energy and Resources Law,International Bar Association
NG SIEW KUAN, ELIZABETH
LLB (Hons) (Lond), LLM (Cantab), Barrister (Middle Temple, England), Advocate &Solicitor (Singapore)
• Tutor & Examiner, World Intellectual Property Organisation Worldwide Academy(WWA), Geneva, Switzerland
• Fellow, Cambridge Commonwealth Society, University of Cambridge, England
NG-LOY WEE LOON (On leave)
LLB (NUS), LLM (Lond), Advocate & Solicitor (Singapore)
• Member, Board of Directors, Intellectual Property Office of Singapore (IPOS)
• Co-chair, EQU-IP (Educate to Quantify and Utilise IP) Committee, IPOS
• Member, Committee on Legal Education and Studies, Singapore Academy ofLaw
DEBBIE ONG SIEW LING
LLB (NUS), LLM (Cantab), Advocate & Solicitor (Singapore)
• Court Mediator, Family Division, Subordinate Courts of Singapore
• Vice-Chairperson, Family Law Practice Committee, Law Society of Singapore
• Member, Re-make NUS Task Force, NUS
9 RESEARCH PROFILE 2003 Faculty of Law
STEPHEN PHUA LYE HUAT
LLB (NUS), LLM (Tax) (Lond), Advocate & Solicitor (Singapore)
• Director, Centre for Commercial Law Studies
• Member, Income Tax Board of Review
• Member, Goods and Services Tax Board of Review
• Member, Valuation Review Board
• Member, Professional Affairs Committee, Singapore Academy of Law
POH CHU CHAI
LLB (Sing), LLM, LLD (Lond), Advocate & Solicitor (Singapore)
TAN KENG FENG
LLB (Sing), Dip CLS, LLB (Cantab), MBA (IMD), Advocate & Solicitor (Malaya &Singapore)
ALAN TAN KHEE JIN
LLB (NUS), LLM, JSD (Yale)
• Fellow, Association of Pacific Rim Universities (APRU) Fellowship Programme,Seoul National University, Korea, August 2002
SIMON S C TAY
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
• Chairman, Singapore Institute of International Affairs
• Chairman, National Environment Agency
• Country Representative, Asia Pacific Forum on Environment and Development
• Member, China International Council on Environment and Development
• United Nations Environment Programme International Experts Panel
THIO LI-ANN
BA (Oxon)(Hons), LLM (Harv), PhD (Cantab), Barrister (Gray’s Inn, England)
• Chief Editor, Singapore Journal of International & Comparative Law
TJIO, HANS
MA (Cantab), LLM (Harv), Barrister (Middle Temple, England), Advocate & Solicitor(Singapore)
• Consultant to Wong Partnership
• Consultant to MAS, 2000-2002 (till May 2002)
• Member, Company Legislation and Regulatory Framework Committee
• Law Reform Consultant, Attorney-General’s Chambers
• Member, Law Reform Committee, Singapore Academy of Law
ELEANOR WONG
LLB (Sing), LLM (NYU), Advocate & Solicitor (Singapore), Attorney &Counsellor-at-Law (New York State)
• Director, Legal Writing Programme, Faculty of Law, NUS
• Member, Remaking Singapore Committee
NUS
10 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
YEO HWEE YING
LLB (Sing), LLM (Lond)
• Member, Advisory Council On Community Relations in Defence (ACCORD),MINDEF
• Committee member, Clarity International
YEO TIONG MIN
LLB (NUS), BCL, DPhil (Oxon), Advocate & Solicitor (Singapore)
• Law Reform Consultant, Attorney-General’s Chambers
• Member, Technology Law Development Group, Singapore Academy of Law
• Member, Lawnet Management Committee, Singapore Academy of Law
• Member, Legal Sub-Committee, National Internet Advisory Committee
ASSOCIATE PROFESSORIAL FELLOWS
LAKSHMIKANTH R PENNA
BCom, LLB, LLM (Osmania), LLM (Stanford), DI & CHR (Strasbourg), FsiArb, Advocate& Solicitor (Singapore)
VALENTINE S WINSLOW
LLB, MA, (Cantab), Barrister-at-Law (Middle Temple), Advocate & Solicitor (Singapore)
ASSISTANT PROFESSORS
KUMARALINGAM AMIRTHALINGAM (On leave Jan-June 2003)
LLB (Hons), PhD (ANU)
• Coordinator, Staff Seminar Series, Continuing Legal Education Committee,Faculty of Law, NUS
CHAN WENG, TRACEY EVANS
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
EWING-CHOW, MICHAEL
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
• Member, Academic Affairs Review Committee
• Member, Executive Committee of the Asia-Pacific Centre for EnvironmentalLaw
• Member, Company Legislation and Regulatory Framework Committee
• Secretary, Protem Committee on the International Trade Law and Policy Centre
LIM CHIN LENG (On leave)
LLB (Buckingham), BCL (Oxon), PhD (Nottingham)
• Editor, Singapore Journal of International & Comparative Law
• Member, Executive Committee, Asia-Pacific Centre for Environmental Law(APCEL), Faculty of Law, NUS
11 RESEARCH PROFILE 2003 Faculty of Law
LOW FATT KIN
LLB (NUS), BCL (Oxon), Advocate & Solicitor (Singapore)
• Business Manager, Singapore Journal of Legal Studies
• Book Reviews Editor, Singapore Journal of Legal Studies
BURTON ONG TZE-EN
LLB (NUS), BCL (European and Comparative Law)(Oxon), LLM (Harv), Advocate &Solicitor (Singapore)
• Executive Member, Asia-Pacific Centre for Environmental Law (APCEL), Facultyof Law, NUS
VICTOR V RAMRAJ
BA (McGill), MA, LLB, PhD (Toronto), Barrister & Solicitor (Ontario)
• Member, Executive Committee, Asia-Pacific Centre for Environmental Law(APCEL), Faculty of Law, NUS
• Member, Academic Affairs Review Committee
DISA SIM JEK SOK
LLB (NUS), LLM (Harv), Attorney and Counsellor-at-Law (New York State)
• Member, Library and Publications Committee, Singapore Academy of Law
• Staff Seminar Coordinator, Continuing Legal Education Committee, NUS
TAN BIAN CHYE, TERENCE
LLB (NUS), LLM (Lond), ACCA graduate, Advocate & Solicitor (Singapore)
• Member, Continuing Legal Education Committee
• Legal adviser to the People’s Association
TAN SEOW HON (On leave)
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
TANG HANG WU (On leave)
LLB (NUS), LLM (Cantab), Advocate & Solicitor (Singapore), Solicitor (England & Wales)
FELLOW
GLICKMAN, MARCIA J
BA (Columbia), JD (Yale), Attorney-at-Law (NY, NJ, Mass, Conn)
• Deputy Director, Legal Writing Program
• Mediator, Singapore Family Court
NUS
12 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
VISITING PROFESSORS
ADRIAN BRIGGS
MA, BCL (Oxon), Barrister (Middle Temple, England)
JOHN DEREK DAVIES
LLB (Wales), MA, BCL (Oxon), Barrister (Lincoln’s Inn, England)
GERALD DWORKIN
LLB (Hons) (Nottingham), Solicitors Finals (Hons)
GERARD MCCORMACK
LLM, BCL, PhD (Dublin), Barrister (Ireland)
MICHAEL MILDE
Dip Air Law (McGill), DOC, DCL, LLM, PhD (Charles University, Prague)
GEOFFREY MORSE
LLB (Hons), Barrister (Lincoln’s Inn, England)
FRANCIS M B REYNOLDS
DCL (Oxon), Barrister and Honorary Bencher (Inner Temple, England), QC (Hon), FBA
KENT ROACH
BA, LLB (Hons) (Toronto), LLM (Yale), FRSC
WILLIAM SWADLING
BA (Hons) (CNAA), LLM (Lond), MA (Oxon)
VISITING ASSOCIATE PROFESSOR
DANIEL SENG KIAT BOON
LLB (NUS), BCL (Oxon), Advocate & Solicitor (Singapore)
• Director of Research, Singapore Academy of Law
• Member, Lawnet Management Committee, Singapore Academy of Law
• Member, National Internet Advisory Committee Legal Subcommittee, MediaDevelopment Authority of Singapore
• Domain Name Panelist, Singapore Domain Name Dispute Resolution Service,Singapore Mediation Centre
• Member, Consultative Working Group on the UNCITRAL Draft Convention onElectronic Commerce, Attorney General’s Chambers
13 RESEARCH PROFILE 2003 Faculty of Law
ADJUNCT ASSOCIATE PROFESSOR
LAWRENCE G S BOO
LLB, LLM (NUS), FSIArb (Sin), FCIArb (UK), FAMINZ (New Zealand), Advocate & Solicitor(Singapore, England & Wales), Chartered Arbitrator
ADJUNCT SENIOR FELLOWS
ERIC CHAN YING-KUEN
LLB (NUS), LLM (Lond), Advocate & Solicitor (Singapore)
STANLEY LAI
LLB (Leicester), LLM, PhD (Cantab), Barrister (Lincoln’s Inn, England), Advocate &Solicitor (Singapore)
LEE ENG BENG
LLB (NUS), BCL (Oxon), Advocate & Solicitor (Singapore)
LEE KIAT SENG
LLB (NUS), LLM (Lond), Advocate & Solicitor (Singapore)
ADJUNCT FELLOWS
LIM LEI THENG
LLB (NUS), LLM (Harv), Advocate & Solicitor (Singapore)
TAI WEI SHYONG
BA, BCL (Oxon), Solicitor (England & Wales), Attorney and Counsellor-at-Law (NewYork State)
LEGAL WRITING INSTRUCTORS
CHEN SHOW-YEN, SHAWN
LLB (NUS), Advocate & Solicitor (Singapore)
ANDREW JOHN HANAM
BSc (University of Maine at Fort Kent), LLB (London), Advocate & Solicitor (Singapore),Barrister (Middle Temple, England)
LIM KIEN THYE
LLB (NUS), Advocate & Solicitor (Singapore)
MARIA LUISA ORNELAS-JUNE
JD (Hastings), Attorney-at-Law (Texas)
ALEXANDRA OTIS
BCL (McGill), Attorney-at-Law (Québec)
JACKSON PEK KIAN KIE
BS (Wharton, Pennsylvania), JD (New York), Attorney-at-Law (California)
VIVIENE KAUR SANDHU
LLB (Hons) (Liv), Barrister (Middle Temple, England), Advocate & Solicitor (Singapore)
JOTHI SAUNTHARARAJAH
BA (Hons), LLB (NUS), Advocate & Solicitor (Singapore)
DIANNE HICKLEN TUCKER
BSc (Colorado), JD (Chicago-Kent), Attorney-at-Law (US Federal Trial Bar)
HELENA WHALEN-BRIDGE
BA, JD (Connecticut), LLM (NUS), Attorney-at-Law (California, Connecticut)
CLAIRE WONG CHUI LING
LLB (NUS), MFA (Columbia), Advocate & Solicitor (Singapore)
NUS
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Facultyof LAW
NUS
16 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
Asia-Pacific Centre for Environmental
Law (APCEL)
Established in February 1996 by the Faculty of Law, National University of Singapore,at the initiative of the Faculty and the World Conservation Union - Commission onEnvironmental Law (IUCN - CEL), and in collaboration with the United NationsEnvironment Programme (UNEP), APCEL was launched on 1 July of the same year.The initiative was in response to the call in Agenda 21 to build capacity inenvironmental law and to promote awareness of environmental issues. APCEL hasestablished itself as a centre of excellence in the region for capacity-building inenvironmental law.
The objectives of APCEL are:
• To serve as a regional training centre for the teaching of environmental law;
• To organise conferences, seminars and other programmes on environmentalissues;
• To serve as a regional centre for research, including multi-disciplinary researchon international, regional and national environmental law and policy;
• To establish and develop a collection of materials on environmental law andpolicy, and maintain an electronic database;
• To promote the exchange of information on international, regional andnational environmental law and policy;
• To publish studies, reports and course materials on international, regional andnational environmental law and policy;
• To cooperate and collaborate with law schools, institutes, centres and suchother organizations to further its objectives; and
• To undertake such other programmes and activities as the ExecutiveCommittee may determine from time to time.
To further its objectives, an MOU was signed with IUCN on Capacity-Building forEnvironmental Legal Education in the Asia and Pacific Region and on EnvironmentalLaw Information System. APCEL has also signed MOUs with the Center forEnvironmental Legal Studies of the School of Law of Pace University, and withMacquarie University’s Centre for Environmental Law, both of which relate toCooperation in Teaching and Research in the Field of Environmental Law.
Since its establishment, it has organized numerous activities on its own as well as incollaboration with other international and local organizations such as the AsianDevelopment Bank (ADB), IUCN-CEL, UNEP, International Maritime Organization(IMO), United Nations Development Program (UNDP), Mekong Region Law Center,United Nations University (UNU), United States-Asia Environmental Partnership(US-AEP), Center for Environmental Legal Studies of Pace University, Southeast AsianProgram on Ocean Law Policy and Management (SEAPOL), Regional Institute ofEnvironmental Technology (RIET), Singapore Ministry of the Environment (ENV),Maritime and Port Authority of Singapore (MPA), Singapore Ministry of Foreign Affairs(MFA) and the Institute of Policy Studies (IPS) and the United Nations Institute forTraining and Research (UNITAR). These activities include conferences, seminars,forums, workshops and training courses on various topics such as trade and theenvironment, marine pollution, environmental legislation on sustainabledevelopment, and teaching environmental law at university level in the Asia-Pacificregion.
17 RESEARCH PROFILE 2003 Faculty of Law
APCEL together with IUCN and UNEP organised two training programmes forenvironmental law teachers in the Asia-Pacific region (‘Training the Trainers’) in 1997and 1998, as its flagship project. Many of the materials used in the Trainers’ coursehave been used in the publication by the Asian Development Bank in 2002, entitled“Capacity Building for Environmental Law in the Asian and Pacific Region:Approaches and Resources” (Donna Craig, Nicholas A Robinson and Koh KhengLian eds). The publication saw ‘global’ launches in Washington, Singapore, Bonn,Lahore and Tokyo. It has been very well-received and is going into a second edition.
APCEL has been involved in consultancy work in various areas including MyanmarAgenda 21; Environmental Law Programme in China; Strengthening Legal Capacityin Vietnam; Legal Framework for Environmental Protection in Vietnam and the AsianDevelopment Bank project on An Environmental and Social Development LegalAction Plan for Asia. APCEL has an Environmental Law Database comprisinginternational and regional instruments, and national legislation from the ASEANmember states and the region: http://law.nus.edu.sg/apcel/ This is available onInternet as well as in the Law Library, National University of Singapore. The databasealso serves as a regional centre for the IUCN Environmental Law Information System(ELIS).
In 2002, APCEL conducted its 10th course on Environmental Law for senior officials ofthe Ministry of the Environment as well as other agencies. APCEL also organized twoseminars for the Singapore Ministry of Foreign Affairs under its ‘Singapore CooperationProgramme’. One was on The Role of Protected Areas in Integrated CoastalManagement, where 16 participants from 9 developing countries participated. Thesecond training programme was on Urban and Industrial EnvironmentalManagement, where 19 participants from 18 developing countries attended.
APCEL jointly edited the Special December 2002 issue of the Singapore Journal ofInternational and Comparative Law on the theme ‘Ten Years After Rio: ImplementingSustainable Development’. The guest editor for the issue was Koh Kheng Lian. Theother editor was Alan Tan Khee Jin, also a member of APCEL. The Chief Editor wasThio Li-ann.
Some of APCEL’s other activities in 2002 include members’ participation in numerousseminars and international conferences held locally and outside Singapore, includingJohannesburg, Hiroshima, Manila, New Hampshire, Noumea, Pietermaritzburg, SaoPaulo, Santiago, Tokyo, Vermont and Yale. APCEL members have also participatedin the preparation of the Singapore Green Plan 2012 which was submitted to theASSD in Johannesburg.
At the request of the ASEAN Regional Centre for Biodiversity Conservation (ARCBC),APCEL together with IUCN Regional Biodiversity Programme, Asia, and MacquarieCentre for Environmental Law is organising a training programme, Capacity Building
for Biodiversity Conservation and Sustainable Utilisation in the ASEAN Region through
Skills Development in Legal and Regulatory Mechanisms, to be held in June 2003, inSingapore.
APCEL is jointly organising a conference on Intellectual Property Rights and BiologicalResources, with the Singapore Academy of Law (SAL), the Intellectual Property Officeof Singapore (IPOS) and Intellectual Property Academy of Singapore (IPS) from 1-3Dec 2003 to be held in Singapore. Other sponsors include the IUCN Commission onEnvironmental Law, Macquarie Centre for Environmental Law (CEL) and the UnitedNations University. Professor Tommy Koh, Singapore’s Ambassdor-at-Large will bechairing one of the panel sessions. The IUCN Academy of Law will be launched as aside event of this conference.
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18 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
Centre for Commercial Law Studies
(CCLS)
Since its inauguration on 17 January 1998, the Centre for Commercial Law Studieshas built on the Faculty’s extensive experience to offer practical and valuablecomparative and regional commercial law research and dialogue to practitioners,legislators and businessmen.
On 21 March 2002, CCLS conducted a seminar on “Major Challenges in EmergingMarket Debt Restructurings”, which focused on the key challenges that creditors ingeneral and foreign creditors in particular face in the restructuring of troubled loansin the emerging markets. It discussed strategies for advancing restructurings in theface of potentially serious obstacles and also addressed the interplay of variouslegal, business and financial issues presented in emerging market restructurings.
On 24 April 2002, CCLS conducted another seminar entitled “Recent Developmentsin Banking Law” which attracted over 100 participants. The seminar was aimed atkeeping banking officers and legal practitioners abreast of topical newdevelopments relevant to banking law and practice in Singapore and in theinternational scene. Topics discussed included “Recent Developments in BankingRegulation”, “The Legal Challenges of Internet Banking” and “Recent Cases andInnovations”.
On 2 September 2002, CCLS organised a Public Forum on the Proposed Fair TradingAct, following the announcement that the Fair Trading legislation will be passed.The aim of the legislation is to level the playing field for businesses by weeding outunconscionable behaviour and bad business practices. This forum provided theopportunity for all business leaders and professionals to participate in a consultativeatmosphere to discover how the legislation would fit into the existing regulatory andlegal framework.
When CCLS organised the forum, there was a concerted effort by all parties involvedto keep the media informed of the significance of the event to the entire society.CCLS generated a lot of media coverage by holding a press conference andsending out multiple press releases to the different media. As expected, the pressappreciated the importance of educating the public and business organizationsabout the impact that the new Act would have when it is enforced. The publicityranged from taped interviews including one with the Director of CCLS on the role ofCCLS in relation to the event that was were repeatedly broadcast on Newsradio onmany occasions. After the conclusion of the public forum, the press continued tofollow up with numerous articles and editorials in all our local leading newspapers inOctober and November of 2002 to highlight and develop on the issues that werecanvassed during the public forum.
We are indeed proud to collaborate with key institutions such as CASE and theVictorian Department of Justice in Australia to bring about the first public forum.The industry participants were indeed very unfamiliar with and apprehensive at thechanges that the new legal framework would have on existing businesses. However,that has changed and we are pleased to have played such a pivotal role in bringingabout that outcome.
By November 2002, CCLS also published a 445-page book on “Current Developmentsin Financial Regulation and Capital Markets”. A product of the 9th SingaporeConferences on International Business Law (SCIBL) from 29-31 August 2001, the book
19 RESEARCH PROFILE 2003 Faculty of Law
was edited by Assoc Prof Stephen Phua, Director of CCLS. It features contributionsfrom practicing and leading legal academic specialists from top universities in theUK, Australia and the USA. Key areas dealt with include selected current legaldevelopments in international business and finance. It is a unique blend ofcomparative, academic and practical perspectives including special country studiescovering the Asia-Pacific and ASEAN regions. Rajah & Tann sponsored the printingof the first 500 copies. These have been presented to speakers, delegates and keypersonnel of our legal profession. Complimentary books will also be sent to selectedinstitutions and libraries overseas. The book, otherwise, retails at S$200.
CCLS has also established a reputation for its research outcomes in the financialservices area throughout the past few years. Besides building on that expertise andstrengthening existing partnerships, CCLS has begun to build up new capabilitiesthrough collaborations to provide research and training opportunities in someemerging areas of commercial law.
One of these important emerging areas is fair trading and competition laws. CCLS isconfident that our current links with consumer related organisations and the newlyestablished Competition Law Policy Studies Unit in the Ministry of Trade and Industrywould generate further innovative multi-disciplinary research programmes. The otheremerging area that has been identified as a priority is transnational commercialcrimes including money laundering and terrorism financing.
Singapore’s Commercial Affairs Department (CAD), Commercial InvestigationDepartment (CID) and the Singapore Police Force agree that there is great synergyto work with CCLS and NUS Law Faculty given that we have strong criminal andevidence law teams that can work with local commercial law bodies and the PoliceAcademy training schools. Since October 2002, CCLS has been exploring with CADon research collaboration into terrorism financing, money laundering and other crossborder financial crimes. CCLS is cooperating with CAD to identify and invite fromthe staff of Law Faculty to be members of an expert panel to assist CAD in itsinvestigations.
Other areas of development within CCLS include the following:
(i) “Graduate Certificate in International Dispute Resolution” Programme
Discussion sessions have been set up with The Accord Group, Australia, to seek thepossibility to run a graduate certificate programme in international dispute resolution,mediation and arbitration. Primary target of this programme is to train localprofessionals in the areas as mentioned. Presently, details of the programme are stillbeing discussed with the relevant department in the university. Consultations withlocal experts and institutions are expected to continue.
(ii) Research Project - “Admiralty Law”, by Mr Toh Kian Sing
Mr Toh Kian Sing is currently working on this research project with CCLS. The researchfindings will be published as the 2nd edition of his book on Admiralty Law.
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(iii) LLM (Corporate and Financial Services Law) programme
The CCLS has agreed to take on an advisory role to the Graduate Division. It wouldassist in the curriculum development and content review, and recommend expertsto enhance the delivery of the programme objectives. To that end, CCLS has createda new subgroup on Training headed by Emeritus Professor Peter Ellinger as theProgramme Director. Being a former Director of CCLS and an eminent member inhis field, EP Ellinger would provide the requisite credibility to the specialisedprogramme and will build up the necessary capacity for its long term contributionsto the Faculty of Law and NUS.
The LLM (Corporate & Financial Services Law) includes electives in banking (domesticand international), company law and corporate finance, financial services andsecurities, and taxation. This specialisation will enable students to acquire thetheoretical base and practical expertise in these subjects. CCLS aims to attractapplicants from all over the world to enroll for the academic year beginning July2003.
(iv) Seminar on Fair Trading Bill
Having co-organised a public forum with the Consumer Association of Singapore(CASE) on the proposed fair trading act in September’02, CCLS also plans to organisea seminar on the newly tabled Fair Trading Bill for the legal fraternity.
(v) To edit and publish a book on Fair Trading Law by October 2004.
JOURNALS
Singapore Journal of Legal Studies (SingJLS)Singapore Journal of International & Comparative Law (SingJICL)
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Singapore Journal of Legal Studies
(SingJLS)
The Singapore Journal of Legal Studies (“SingJLS”) was first published in 1959 as theUniversity of Malaya Law Review and subsequently as Malaya Law Review. TheJournal was renamed the Singapore Journal of Legal Studies in 1991. Articlespublished in the SingJLS have often been cited in major law reviews as well as injudgments of the courts in many common law countries. In 2002, Lee Eng Beng’sarticle ‘The Avoidance Provisions of the Bankruptcy Act 1995 and their Applicationto Companies’ [1995] SJLS 597 was cited with approval by Tan Lee Meng J in ShowTheatres Pte Ltd (in liquidation) v Shaw Theatres Pte Ltd [2002] 2 SLR 144.
Quite apart from our primary focus on Singapore law, SingJLS intends to be aninternational forum for scholars. The journal has embarked on a continuinginternational call for papers since 2000. The call for papers has resulted in numeroussubmissions from scholars all over the world. In 2002 alone, we published papersfrom writers from England, Wales, South Africa, Canada, Australia, Germany, NewZealand, Japan and Hong Kong.
In our efforts to keep pace with technology, the SingJLS has embarked on a projectto digitise our entire collection of published articles. The first stage of this project hasalready been completed as we have completed scanning and digitising ourcomplete collection of published articles. Dissemination of these paperless copiesis now proceeding in earnest. The entire collection is now available to subscribersof Lawnet, the leading Singapore online legal database and recent articles arealso available to subscribers of Westlaw. The articles will also be made available viathe Social Science Research Network in the near future and we are exploring otheravenues of dissemination to expand our readership.
2002 also saw the first “themed” issue published by SingJLS, with our July 2002 issuefocusing on the legal responses to terrorism from different jurisdictions. With thesuccess of this special issue, we are keen to make such “themed” issues a regularfeature of the journal.
23 RESEARCH PROFILE 2003 Faculty of Law
Singapore Journal of International &
Comparative Law (SingJICL)
The Editorial Board of the Singapore Journal of International & Comparative Law isinternally organised around the various legal fields and specialist topics constitutingthe publishing ambit of the journal. Members of these sub-groups have theresponsibility to particularly develop the representation of their fields of expertise inthe journal, in terms of editing, planning special features and soliciting good articlesfrom writers in their respective fields. These “sections” are:
Public International Law: (including the management of the Associate Editors Schemewhich produces the regular feature of “South East Asia & International Law”):Associate Professor Thio Li-ann; Associate Professor Alan Tan; Dr CL Lim (currently onsecondment to the AG Chambers)
Private International Law: Associate Professor Yeo Tiong Min
International Trade Law: Associate Professor Hsu Locknie; Assistant Professor MichaelEwing-Chow
Comparative Law: Associate Professor Gary F Bell; Associate Professor Li Mei Qin(including Chinese comparative law);
Associate Professor Robert Beckman has stepped down from an active role on theBoard owing to his duties as Vice Dean (Academic Affairs), remaining as SeniorAdvisor. Dr Kevin YL Tan remains an adjunct editor and our Secretary AssociateProfessor Alex Loke is currently on study leave. Business Manager Michael Ewing-Chow is charged with addressing issues like raising subscriptions and publicising thejournal.
The July 2002 volume of the SingJICL featured two special features. The first is“Comparative Constitutionalisms: The Re-Making of Constitutional Orders in South-East Asia”, featuring articles on developments in Malaysia, Singapore, Indonesia,Thailand and Vietnam. The other feature is “WTO: Issues for a New Millenium”. TheDecember 2002 volume will have a special feature on developments in internationalenvironmental law “Ten Years After Rio: Implementing Sustainable Development”.Professor Koh Kheng Lian, co-ordinating chiefly with Associate Professor Alan Tan,has agreed to be the Special Guest Editor. The special feature will be a joint projectwith the Asia-Pacific Centre for Environmental Law (APCEL). The July 2003 volumewill have a special feature on Chinese Law, which the “Comparative Law” sectionis handling (Li Mei Qin, Gary Bell).
The journal is in a reasonable state of health and it is hoped that contributors willcontinue to lend their support to it, particularly in terms of submissions. Notably,contributors writing in primarily “domestic” fields should be aware that the journal inprinciple accepts articles relating primarily to developments in Singapore law whichnevertheless may interest to a more global audience.
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Continuing Legal Education Programme
The Continuing Legal Education Committee continues to facilitate the provision ofvaluable legal education to the wider community of lawyers.
We are pleased to face constant and great demand from eminent speakers,comprising a good mix of local and visiting scholars, to deliver papers in our staffseminar series. The seminars are well attended, drawing participants, not just fromwithin the faculty, but also from law firms, external educational institutions,government departments, and other outside organisations.
Between January and July 2002, five executive programmes were conducted inemerging areas of the law, such as Chinese Foreign Investment Law and Trade Lawand Intellectual Property Law.
We continued to contribute to the training of patent agents in Singapore by offeringa course (with a commencement date in July 2002) leading to the GraduateCertificate in Intellectual Property Law. This certificate is a statutory prerequisite toadmission as a registered patent agent in Singapore.
On 19 October 2002, the committee organised the David Marshall ProfessorshipPublic Lecture. The lecture for 2002 carried the title “Partnerships For The 21st Century?Limited Liability Partnerships And Partnership Law Reform In The UK”. It was given byProfessor Geoffrey Morse, who is Professor of Law at Nottingham University and anacknowledged authority in the United Kingdom on company and partnership law.The lecture was very well-received.
On 10-12 December 2002, a seminar was held on ‘The International Copyright Systemand Recent Developments in International and Comparative Copyright Law’. Thisseminar was conducted by Professor Jane Ginsburg, a widely recognised expert inthis field. She is the Morton L. Janklow Professor of Literary and Artistic Property Lawat Columbia University, and the co-director of its Kernochan Center for Law, Mediaand the Arts.
From the second semester of the academic year 2002-3, our auditing programmehas been expanded to include almost all of our elective courses. This programmeallows legally trained persons, whether they be legal practitioners or officers instatutory boards, to attend our classes in order to acquire knowledge in specialisedareas of the law, and, at the same time, to share their experience with our studentsthrough class discussion.
An exclusive licence was recently obtained from the US-based BAR/BRI Bar Reviewto run its renowned New York Bar Review Course in Singapore. Now in its fourthdecade of preparing candidates for bar exams throughout the United States, BAR/BRI is the leading provider of bar review courses in the United States. The course isscheduled to begin running in March 2003. The Faculty of Law is the first law school,and only the fifth institution outside the U.S. to receive an exclusive licence fromBAR/BRI. The Faculty’s initiative was in response to the growing demand amongpractitioners for foreign bar qualifications and is part of its strategy to develop itselfinto a regional hub for legal training and research. The Faculty’s agreement withBAR/BRI implements the recommendation from the Economic Review Committee’sWorking Group on Legal Services that the Faculty collaborate with foreign institutionsto establish local training facilities for foreign professional qualification.
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Journal Affiliations
Robert C BeckmanSenior Advisor, Singapore Journal of International & Comparative Law
Member, Editorial Committee, Singapore Maritime & Port Journal (Maritime and PortAuthority of Singapore)
Gary F BellMember, Editorial Committee (Comparative Law), Singapore Journal of International& Comparative Law
Michael Ewing-ChowMember, Editorial Committee (International Trade Law), Singapore Journal ofInternational & Comparative Law
Peter EllingerMember, Editorial Board/Committee
Australian Business Law Review
Transnational Studies of Commercial Law (Bielefeld University)
Lloyds Maritime and Commercial Law Quarterly (UK)
Journal of Business Law (UK)
Banking and Finance Law Review (Canada)
International Trade and Business Law Journal (Queensland)
Letters of Credit Insight (ICC)
Documentary Credit World (US)
Margaret FordhamMember, Editorial Committee, Singapore Journal of Legal Studies
Stephen Darryl GirvinMember, Editorial Committee, International Maritime and Commercial LawYearbook (LLP)
Michael HorChief Editor, Singapore Journal of Legal Studies
Member, Editorial Board, Singapore Academy of Law Journal
Member, Advisory Board, Singapore Law Review
Hsu LocknieMember, Editorial Committee (International Trade Law), Singapore Journal ofInternational & Comparative Law
Joel Lee Tye BengMember, International Advisory Panel, The Law Teacher: The International Journalof Legal Education
Member, Editorial Committee, Singapore Journal of Legal Studies
Li Mei QinMember, Editorial Committee (Comparative Law), Singapore Journal of Internationaland Comparative Law
29 RESEARCH PROFILE 2003 Faculty of Law
Lim Chin LengMember, Editorial Committee (Public International Law), Singapore Journal ofInternational & Comparative Law
Low Fatt KinBusiness Manager, Singapore Journal of Legal StudiesBook Reviews Editor, Singapore Journal of Legal Studies
Lye Lin HengMember, International Advisory Board, The Comparative and International LawJournal of Southern Africa
Dora S S NeoMember, Editorial Committee, Singapore Academy of Law Journal
Victor V RamrajArticles Editor, Singapore Journal of Legal Studies
Tan Keng FengMember, International Editorial Board, Medical Law International
Alan Tan Khee JinMember, Editorial Committee (Public International Law), Singapore Journal ofInternational & Comparative Law
Tang Hang WuMember, Editorial Committee, Singapore Journal of Legal Studies
Thio Li-annChief Editor, Singapore Journal of International & Comparative Law
Developments Correspondent, International Journal of Constitutional Law (ICON),published by Oxford University Press as a project of New York University’s Global LawSchool Program
Corresponding Editor, Singapore, Constitutions of the Countries of the World: Editedby AP Blaustein and GH Flanz. Imprint Dobbs Ferry, NY: Oceana PublicationsArticles Referee, Melbourne Journal of International Law
Tjio, HansBanking Editor, Journal of Business Law
George Wei Sze ShunEditorial Board Member, Oxford Journal of Law and Information Technology
Yeo Tiong MinAsia-Pacific Regional Editor, Restitution Law Review
Member, Editorial Committee (Private International Law), Singapore Journal ofInternational and Comparative Law
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BOOKS
CIVIL PROCEDURE
• Pinsler J D
14th, 15th, 16th, 17th re-issues to Civil Practice in Singapore and Malaysia(Butterworths, 1996)
Singapore Court Practice (2003) (General editor) (LexisNexis, 2002) pp2000
CRIMINAL LAW/PROCEDURE
• Tan Yock Lin
Criminal Procedure: 7th Issue (Butterworths Asia, March 2002) pp 370
Criminal Procedure: 8th Issue (Butterworths Asia, November 2002) pp 438
INTELLECTUAL PROPERTY
• George Wei Sze Shun
An Introduction to Genetic Engineering, Life Sciences and the Law (SingaporeUniversity Press, 2002) pp 303
TRUST LAW
• Tan Yock Lin
Halsbury’s Laws of Singapore: Equity and Trusts (Butterworths Asia, forthcoming)(with Tang Hang Wu, Kanaga and Daniel Tan)
BOOKS EDITED
BANKING & FINANCE
• Stephen Phua Lye Huat
Current Developments in Financial Regulation and Capital Markets (LexisNexis,2002) pp 445
COMPANY LAW
• Stephen Darryl Girvin
Palmer’s Company Law (Sweet & Maxwell, 1992-2002) Parts 7A and 10
INFORMATION TECHNOLOGY LAW
• Daniel Seng Kiat Boon
The Impact of the Regulatory Framework on E-Commerce in Singapore(Singapore Academy of Law, 2002) pp 167
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CHAPTERS IN BOOKS
BANKING & FINANCE
• Peter Ellinger
“Financing of Sales by Banking Devices” in Benjamin’s Sale of Goods (London,Sweet and Maxwell, 2002) 6th ed
• Poh Chu Chai
“Banking Law” in Annual Review of Singapore Cases 2001 (Teo ed) (Singapore,Singapore Academy of Law, 2002)
• Tjio, Hans
“The Needs of a Disclosure-Based Regime” in Current Developments in FinancialRegulation and Capital Markets (LexisNexis) p 147
COMPANY LAW
• Tan Cheng Han
“Company Law” in Annual Review of Singapore Cases 2001 (Teo ed) (Singapore,Singapore Academy of Law, 2002)
CONFLICT OF LAWS
• Joel Lee Tye Beng
“Conflict of Laws” in Annual Review of Singapore Cases 2001 (Teo ed) (Singapore,Singapore Academy of Law, 2002)
CONTRACT
• Peter Ellinger
“3rd Supplement” to Chitty on Contracts (Beale general ed) (London, Sweet &Maxwell, 2002) 28th ed, Chapter 24
• Yeo Tiong Min
“The Impact of Cyberspace on Contract Law” in The Impact of the RegulatoryFramework on E-Commerce in Singapore (Daniel Seng ed) (Singapore Academyof Law, October 2002) (with Andrew Phang)
CRIMINAL LAW/PROCEDURE
• Chan Wing Cheong
“Criminal Law” in Annual Review of Singapore Cases 2001 (Teo ed) (Singapore,Singapore Academy of Law, 2002)
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ENVIRONMENTAL LAW
• Lye Lin Heng
“Public Participation in the Environment: A Southeast Asian Perspective” inHuman Rights in Natural Resource Development : Public Participation inSustainable Development of Mining and Energy Resources; a joint publicationof the Academic Advisory Group of the International Bar Association Section onEnergy and Resources Law & the Institute for International Environment &Development, Mining, Minerals and Sustainable Development Project (Zillman,Lucas & Pring, eds) (Oxford University Press, 2002) Chapter 17, pp 652-678
“Singapore” in Environmental Law and Enforcement in the Asia-Pacific Rim(Mottershead general ed) (London, Sweet & Maxwell, 2002), Chapter 13, pp395-434
FAMILY LAW
• Leong Wai Kum
“Supporting Marriage Through Description as an Equal Partnership of Efforts” inThe International Survey of Family Law 2003 (Bainham gen ed) (Jordan PublishingLimited, 2002) pp 379-391
• Debbie S L Ong
“Family Law” in Annual Review of Singapore Cases 2001 2 (Teo ed) (Singapore,Singapore Academy of Law, 2002) 226 (co-author)
MARITIME LAW
• Stephen Darryl Girvin
“English Maritime Law” in International Maritime and Commercial Law Yearbook(Rose ed) (LLP, December 2002)
• Alan Tan Khee Jin
“Shipping and Ports: Partners in Sustaining the Environment or Free Riders?” inTropical Marine Environment: Charting Strategies for the Millennium (Yusoff, Shariff,Ibrahim, Tan, Tai, eds) (Malacca Straits Research and Development Centre,Malaysia, April 2002)
“The Sea Transport Industry and the Challenges of State Regulation” in Sea andHuman Security (Azimi, Fuller, Nakayama, eds) (Lyndon B Johnson School of PublicAffairs, University of Texas at Austin, March 2002)
PROPERTY LAW
• Teo Keang Sood
“Land Law” in Annual Review of Singapore Cases 2001 (Teo ed) (SingaporeAcademy of Law, 2002) 317
PUBLIC LAW
• Valentine S Winslow
“Administrative and Constitutional Law” Annual Review of Singapore Cases 2001(Teo ed) (Singapore Academy of Law, 2002)
35 RESEARCH PROFILE 2003 Faculty of Law
TRUST LAW
• Tan Sook Yee
“Equity, Trust and Restitution” in Annual Survey of Singapore Cases 2001 (Teo Ed)(Singapore Academy of Law, 2002) (with Tang Hang Wu)
• Tang Hang Wu
“Equity, Trust and Restitution” in Annual Survey of Singapore Cases 2001 (Teo Ed)(Singapore Academy of Law, 2002) (with Tan Sook Yee)
“Singapore Equity and Trust” in Halsbury’s Laws of Singapore: Equity and Trusts(with Tan Yock Lin, Kanaga Dharmanda and Daniel Tan) (forthcoming)
JOURNAL PAPERS PUBLISHED
BANKING & FINANCE
• Peter Ellinger
The Malaysian Exchange Control Measures (2002) 18 Banking & Finance LawReview 111 (with Andrew Ang)
COMPANY LAW
• Tan Cheng Han
“Charges, Contingencies and Registration” [2002] 2 Journal of Corporate LawStudies 191
• Tjio, Hans
“The Future of Company Charges” [2002] Journal of Business Law 457
CRIMINAL LAW/PROCEDURE
• Kumaralingam Amirthalingam
“Ignorance of Law, Criminal Culpability and Moral Innocence: Striking A BalanceBetween Blame and Excuse” [2002] Singapore Journal of Legal Studies 302
• Hor, Michael
“Illegal immigration : Principle and Pramatism in the Criminal Law” (2002) 14Singapore Academy of Law Journal 18-48
“Prior Inconsistent Statements: Fairness, Statutory Interpretation and the Futureof Adversarial Justice” (2002) 14 Singapore Academy of Law Journal 248-274
“Terrorism and the Criminal Law: Singapore’s Solution” [2002] Singapore Journalof Legal Studies 30-55
“The Independence of the Criminal Justice System in Singapore” [2002] SingaporeJournal of Legal Studies (forthcoming)
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ENVIRONMENTAL LAW
• Lye Lin Heng
“Transport-Based Air Pollution Management - The Singapore Experience” (2002)6 Asia-Pacific Journal of Environmental Law (Issue 3 & 4) pp 333-348
EVIDENCE
• Pinsler J D
“Approaches to the Evidence Act: The Judicial Development of a Code” (2002)14 Singapore Academy of Law Journal (Pt II) pp 365-386
“New Twists in Legal Professional Privilege: Communications for the Purpose ofLitigation and between the lawyer and client” (2002) 14 Singapore Academy ofLaw Journal (Pt II) 195
HUMAN RIGHTS
• Thio Li-ann
“Pretensions, Tensions and Post-Tension Rapprochement? Challenges to theUniversality of Human Rights” (2003) 1 Shandong University Law Review (acceptedfor publication)
INSURANCE
• Yeo Hwee Ying
“Of Cooperation Clauses and Uberrima fides in Insurance Contracts” [2002]Lloyd’s Maritime and Commercial Law Quarterly 39
“Post- contractual Good Faith - Change in Judicial Attitude?” Modern Law Review(accepted for publication)
INTELLECTUAL PROPERTY
• Tang Hang Wu
“Confidence and Constructive Trust” (2003) Legal Studies (accepted forpublication)
INTERNATIONAL LAW
• Lim Chin Leng
“Executive Lawmaking in Compliance of International Treaty” [2002] SingaporeJournal of Legal Studies 73-103
“Law & Diplomacy in World Trade Disputes” (2002) 6 Singapore Journal ofInternational & Comparative Law 436-497
37 RESEARCH PROFILE 2003 Faculty of Law
• Thio Li-ann
“Battling Balkanization: Regional Approaches Towards Minority Protection BeyondEurope” (2002) 43 Harvard International Law Journal (Issue 2) 409-468
“Developing a ‘Peace and Security’ Approach Towards Minorities’ Issues: TheWork of the OSCE High Commissioner on National Minorities” (Jan 2003) 52International & Comparative Law Quarterly (Part 1) 115-150
“English Public Policy, the Act of State Doctrine and Flagrant Violations ofFundamental International Law: Kuwait Airways Corp v Iraqi Airways Company”(Spring 2003) Connecticut Journal of International Law (accepted for publication)
JURISPRUDENCE
• Tan Seow Hon
“Validity and Obligation in Natural Law Theory” (Spring 2003) Regent UniversityLaw Review (accepted for publication)
LEGAL INSTITUTIONS/LEGAL SYSTEMS
• Pinsler J D
“Inherent Jurisdiction Re-visited: An Expanding Doctrine” (2002) 14 SingaporeAcademy of Law Journal (Pt II) 1-17
MARITIME LAW
• Robert C Beckman
“Combatting Piracy and Armed Robbery Against Ships in Southeast Asia: TheWay Forward” (2002) 33 Ocean Development & International Law 317-341
• Stephen Darryl Girvin
“Carriage by Sea: The Sea Transport Documents Act 2000 in Historical andComparative Perspective” (2002) 119 South African Law Journal 317
“English Maritime Law Decisions 2002” [2002] Lloyd’s Maritime and CommercialLaw Quarterly 76
PROPERTY LAW
• Crown Barry Clive
“Equity Trumps the Torrens System” [2002] Singapore Journal of Legal Studies 409
• Tan Sook Yee
“Equitable Leases, Subdivision and Section 4, Planning Act” (2002) 14 SingaporeAcademy of Law Journal 133
“Facets of Communal Living under the Land Titles (Strata) Act: Common Property,Rights of Subsidiary Proprietors of Individual Lots and the Role of the ManagementCorporation” [2002] Singapore Journal of Legal Studies 416
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• Teo Keang Sood
“Demise of Deferred Indefeasibility Under the Malaysian Torrens System?” [2002]Singapore Journal of Legal Studies 403.
PUBLIC LAW
• Victor V Ramraj
“Comparative Constitutional Law in Singapore” (2002) 6 Singapore Journal ofInternational & Comparative Law 302
“Freedom of the Person and the Principles of Criminal Fault” (2002) 18 SouthAfrican Journal on Human Rights 225
“Terrorism, Security, and Rights: A New Dialogue” [2002] Singapore Journal ofLegal Studies 1
• Thio Li-Ann
“Lex Rex or Rex Lex: Competing Conceptions of the Rule of Law in Singapore”(Fall 2002) UCLA Pacific Basin Law Journal (accepted for publication)
“Recent Constitutional Developments: Of Shadows and Whips, Race, Rifts andRights, Terror and Tudungs, Women and Wrongs” [2002] Singapore Journal ofLegal Studies 328-373
“Speakers Cornered? Managing Political Speech in Singapore and theCommitment ‘To Build a Democratic Society’” (2003) 3 International ConstitutionalLaw Journal (accepted for publication)
“The Right to Political Participation in Singapore: Tailor-Making a Westminster-Modelled Constitution to fit the Imperatives of ‘Asian’ Democracy” (2002) 6Singapore Journal of International & Comparative Law 181-243
TORT LAW
• Kumaralingam Amirthalingam
“Duty?: It’s Just Not Cricket” (2002) 10 Tort Law Review 163
“Loss of Chance - Lost Cause or Remote Possibility?” (2003) 62 Cambridge LawJournal (accepted for publication)
“Medical Non-Disclosure, Causation and Autonomy” (2002) 118 Law QuarterlyReview 540
“The Shifting Sands of Negligence: Reasonable Reliance to LegitimateExpectation?” (2003) 3 Oxford University Commonwealth Law Journal (acceptedfor publication)
• Margaret Fordham
“Suicidal Prisoners and the Duty of Care in Negligence” [2002] Singapore Journalof Legal Studies 431
“The Roll of the Negligence Bandwagon - What Role for Public Nuisance?” TortLaw Review (forthcoming)
39 RESEARCH PROFILE 2003 Faculty of Law
• Disa Sim Jek Sok
“Expanding Tort Claims in Construction Cases: Time to Contract” Tort Law Review(forthcoming)
• Tan Keng Feng
“Harassment and Intentional Tort of Negligence” (Dec 2002) Singapore Journalof Legal Studies
TRUST LAW
• Tjio, Hans
“Knowing What is Dishonesty” (2002) 118 Law Quarterly Review 502 (withYeo Tiong Min)
“Re Rose Revisited - The Shorn Lamb’s Equity” [2002] Lloyd’s Maritime andCommercial Law Quarterly 296 (with Yeo Tiong Min)
“The Quistclose Trust” (2003) 119 Law Quarterly Review (with Yeo Tiong Min)
• Yeo Tiong Min
“Re Rose Revisited: The Shorn Lamb’s Equity” [2002] Lloyd’s Maritime andCommercial Law Quarterly 296 (with Hans Tjio)
“Knowing What is Dishonesty” (2002) 118 Law Quarterly Review 502 (withHans Tjio)
“The Quistclose Trust” (2003) 119 Law Quarterly Review 8 (with Hans Tjio)
REPORTS
CONFLICT OF LAWS
• Tan Yock Lin
“Reform of Choice of Law in relation to Torts” for Law Reform Committee,Singapore Academy of Law (with Joel Lee Tye Beng and Yeo Tiong Min)
• Yeo Tiong Min
“Interest on Judgment Debts and Arbitral Awards in Foreign Currency”, DiscussionPaper for the Law Reform Division, Attorney-General’s Chambers
“Reform of the Choice of Law Rule Relating to Torts”, Report for the Law ReformCommittee of the Singapore Academy of Law (with Tan Yock Lin, Joel Lee, JimmyYim SC, Suresh Divyanathan and Liew Woon Yin)
“Reform of Tort Choice of Law Rules”, Report for the Law Reform Division, Attorney-General’s Chambers
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TRUST LAW
• Tan Yock Lin
“Relief from Unenforceability of Illegal Contracts and Trusts” for Law ReformCommittee, Singapore Academy of Law
OTHERS
• Yeo Tiong Min
“Regional Digest: Asia Pacific” [2002] RLR 121-130
BOOK REVIEWS
EVIDENCE
• Disa Sim Jek Sok
“Evidence”, Roderick Munday, [2003] Singapore Journal of Legal Studies
FAMILY LAW
• Debbie S L Ong
“Cohabitants and the Law” Anne Barlow [2002] Singapore Journal of LegalStudies
JURISPRUDENCE
• Tan Seow Hon
“Book Review: Letters to a Young Lawyer” Alan Dershowitz” [2002] SingaporeJournal of Legal Studies 446-448
MARITIME LAW
• Stephen Darryl Girvin
“Enforcement of Maritime Claims” (3rd ed) D C Jackson [2003] Lloyd’s Maritimeand Commercial Law Quarterly
“Principles of Maritime Law” Christopher Hill and Susan Hodges; “ModernAdmiralty Law” Aleka Mandaraka-Sheppard [2003] Lloyd’s Maritime andCommercial Law Quarterly
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TRADE LAW
• Hsu Locknie
“Regional Trade Agreements in the GATT/WTO” James H Mathis [2003] Journalof International Economic Law 293-296
TRUST LAW
• Low Fatt Kin
“Breach of Trust” Peter Birks and Arianna Pretto eds [2002] 2 Singapore Journal ofLegal Studies
CONFERENCES/WORKSHOPS
ALTERNATIVE DISPUTE RESOLUTION
• Joel Lee Tye Beng
“Arbitration and Conciliation” Panelist at Conference of Harmonisation ofInternational Trade Laws and UNCITRAL, Singapore, 25-26 July 2002
“Effective Negotiation in an Era of Rapid Change” Executive Programmepresented at Kennedy School of Government, Harvard University and ConflictManagement Group in conjunction with Public Policy Programme,28 May-1 June 2002
“Negotiating FTAs” Workshop Presented at Singapore-Hanns Seidel FoundationJoint Training Programme: Capacity Building for Negotiating FTA,28 Oct 2002 - 1Nov 2002
“Negotiation Skills” Executive Programme presented for Yunnan Government,People’s Republic of China in conjunction with Public Policy Programme, April2002
“Negotiating Success” Executive Programme Presented, IE Singapore formerlyTrade Development Board in conjunction with Public Policy Programme, NUS,Singapore, 23-24 July 2002
CIVIL PROCEDURE
• Pinsler J D
“Developments in Civil Procedure” Conference at the Singapore Academy ofLaw, March 2002 (with Davinder Singh SC and GP Selvam SC)
“Malaysian Procedural Law” Conference, Kuala Lumpur, Malaysia, October 2002
“Seminar on discovery at Messrs Rajah and Tann” Seminar presented, Singapore,June 2002
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42 NATIONAL UNIVERSITY OF SINGAPORE
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COMPANY LAW
• Tan Cheng Han
“Approaches to Corporate Law Reform: A Comparative Study of SelectedCommonwealth Jurisdictions” Paper presented at the Second Corporate LawConference organized by East China University of Politics and Law, Shanghai,7-8 November 2002
• Tjio, Hans
“Importance of Protecting Creditor Rights” and “Predictable Contract andProperty Rights” Paper presented at IMF Seminar on Creditor Rights in EmergingEconomies, Singapore, 12-16 August 2002
CONTRACT
• Yeo Tiong Min
“The Impact of Cyberspace on Contract Law” Paper presented at The Impactof the Regulatory Framework on E-Commerce in Singapore, a symposiumorganised by the Technology Law Development Group, Singapore Academy ofLaw, Singapore, April 2002 (with Andrew Phang)
CRIMINAL LAW/PROCEDURE
• Chan Wing Cheong
“Constructing Sexuality through the Offences of Rape and Sex with UnderagedGirls in Singapore” Paper presented at Sentencing & Society: The SecondInternational Conference, Glasgow, Scotland, 27 - 29 June 2002
“Recent Developments in Criminal Law” Paper presented at the SingaporeAcademy of Law, Singapore, 20 April 2002
“The Corrective Work Order in Singapore” Paper presented at the British Societyof Criminology Conference, Keele, England, 17 - 20 July 2002
ENVIRONMENTAL LAW
• Robert C Beckman
“Law of the Sea and the Rights and Obligations of Small Island Developing States- Implications for Sustainable Development”, The Alliance of Small Island StatesInter-Regional Preparatory Meeting for the World Summit on SustainableDevelopment, Singapore, 7-11 January 2001
• Lye Lin Heng
“Environmental Taxation in the Regulation of Traffic and the Control of VehicularPollution in Singapore” Paper presented at the Third Annual Conference onEnvironmental Taxation, Vermont, USA, 12-13 April 2002
“Liability for Environmental Pollution in Singapore” Paper presented at the NUSworkshop on Sustainable Urban Infrastructure, Singapore, 26 February 2002
43 RESEARCH PROFILE 2003 Faculty of Law
“The Role of Regulatory Systems : The Environmental Dimension through theExperience of 4 Asian Cities: Manila, Jakarta, Bangkok and Hong Kong” Paperpresented at Pacific Economic Cooperation Council (PECC) Second Conferenceon Sustainable Cities, Santiago, Chile, 11-12 July 2002
“The Teaching of Industrial Ecology in Asia” Paper presented at the GordonConference on Industrial Ecology, New Hampshire, USA, 9-14 June 2002
“Waste Management in Singapore” and “Air Pollution Management - theSingapore Experience” Seminar Presented on Urban and Industrial EnvironmentalManagement - APCEL/Government of Singapore - Ministry of Foreign Affairs,Peninsula Hotel, Singapore, 25-29 November 2002
• Victor V Ramraj
“Compliance and Enforcement” Workshop presented at the Urban and IndustrialEnvironmental Management Seminar, Peninsula Hotel, Singapore, November2002
“The Administrative Law Framework of Environmental Law” Presented at theEnvironmental Law Course for Senior Officers, Ministry of the Environment,Singapore (March 2002)
FAMILY LAW
• Chan Wing Cheong
“The Legal Response to Family Issues” Paper presented to the SAF Paracounsellors’Retreat 2002, Singapore, 10 September 2002
• Leong Wai Kum
“Singapore: Pedagogy and the Status of Marriage” Feminism and Legal TheoryProject, Cornell Law School, New York, USA, 21 November 2002
HUMAN RIGHTS
• Kumaralingam Amirthalingam
“Appreciating the Rule of Law in a Human Rights Context” Salzburg SeminarsSession 405, Law as a Catalyst of Change in Asia (Human Rights Working GroupPaper), December 2002
• Leong Wai Kum
“Legal Recognition of the assigned sex of post-operative transsexuals: The viewfrom Singapore” Clarke Program in East Asian Law and Culture, Cornell LawSchool, New York, 18 November 2002
“Power to divide matrimonial assets: The wind beneath my wings” Paperpresented at the Judicial Colloquium on the Application of International HumanRights Law at the Domestic Level, United Nations Division of the Advancementof Women, Bangkok Thailand, 4-7 November 2002
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44 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
• Lim Chin Leng
Speaker at 9th ASEAN ISIS Colloquium on Human Rights (Manila, the Philippines,22-25 February, 2002)
• Thio Li-Ann
“Pretensions, Tensions and Post-Tension Rapprochement? Challenges to theUniversality of Human Rights”, Speaker at International Symposium on OrientalCulture and Human Rights Development, October 29-31 2002, Beijing, China
INFORMATION TECHNOLOGY LAW
• Daniel Seng Kiat Boon
“Breakers Ahead”, 25 April 2002, seminar presentation at “CopyrightDevelopments: The Legal Catch-up Race” organised by Academy and IPOS
“Emerging Challenges & Legal Issues in the Online Borderless Economy” Workshoppresented, organised by SITDRAC, Infocomms Development Authority ofSingapore, 13 March 2002
“The Erosion of the Legal Framework: Recent ICT Developments” Talk to theMembers of the Technology Law Core Group, Legal Service, 22 March 2002
“The Legal Challenges of Internet Banking” Seminar presented at “RecentDevelopments in Banking Law” organised by CCLS, NUS, 24 April 2002
INTELLECTUAL PROPERTY
• Ng Siew Kuan, Elizabeth
“Construction of biotechnology patent claims: An international and comparativeanalysis of the European, US and NZ approaches” Paper presented at theSingapore Legal Service Professional Development Programme: First LectureSeries on Biotechnology Law, Jointly organized by the Singapore Legal ServiceCommission Secretariat and the Faculty of Law, NUS, Singapore, October -December 2002
“Introduction to Biotechnology Law: Legal and Ethical issues, and Internationalconventions relating to biotechnological inventions” Paper presented at theSingapore Legal Service Professional Development Programme: First LectureSeries on Biotechnology Law, Jointly organized by the Singapore Legal ServiceCommission Secretariat and the Faculty of Law, NUS, Singapore, October -December 2002
“IP rights in medical treatment and therapy: An international and comparativeperspective” Paper presented at the Singapore Legal Service ProfessionalDevelopment Programme: First Lecture Series on Biotechnology Law, Jointlyorganized by the Singapore Legal Service Commission Secretariat and the Facultyof Law, NUS, Singapore, October - December 2002
“Patenting of living matter: Animals, plants and genomics” Paper presented atthe Singapore Legal Service Professional Development Programme: First LectureSeries on Biotechnology Law, Jointly organized by the Singapore Legal ServiceCommission Secretariat and the Faculty of Law, NUS, Singapore, October -December 2002
45 RESEARCH PROFILE 2003 Faculty of Law
“Patenting of biotechnological inventions: Novelty and Industrial application - acomparative examination of the European and US approaches” Paper presentedat the Singapore Legal Service Professional Development Programme: FirstLecture Series on Biotechnology Law, Jointly organized by the Singapore LegalService Commission Secretariat and the Faculty of Law, NUS, Singapore, October- December 2002
“Sufficiency and enabling disclosure: Special problems relating tobiotechnological inventions” Paper presented at the Singapore Legal ServiceProfessional Development Programme: First Lecture Series on Biotechnology Law,Jointly organized by the Singapore Legal Service Commission Secretariat andthe Faculty of Law, NUS, Singapore, October - December 2002
“The Role of the Patent System in Fostering Innovation and Inventiveness and ItsRelevance to Developing Countries” Paper presented at the Singapore-WorldIntellectual Property Organisation (WIPO) Joint Training Seminar For Asia andThe Pacific Region on The Use of The Intellectual Property System for EnhancingEnterprise Competitiveness and Growth, jointly organized by the Ministry of ForeignAffairs, Singapore, the World Intellectual Property Organisation, Switzerland andCET, NUS, Singapore, 14-22 October 2002
• George Wei Sze Shun
“Telstra v Desktop Marketing Systems Pte Ltd - Is there Copyright Protection forDatabases?” Paper presented at Singapore Academy of Law and IntellectualProperty Office conference “The Legal Catch-Up Race”, Singapore, April 2002
INTERNATIONAL LAW
• Lim Chin Leng
Speaker at 9th ASEAN ISIS Colloquium on Human Rights, Manila, Philippines, 22-25 February 2002
• L R Penna
“The relevance of the International Criminal Court: How to make it effective?” -26th Round Table on Recent Developments of Humanitarian Law organised bythe International Committee of the Red Cross and International Institute ofHumanitarian Law, San Remo, Italy, 5 - 7 September 2002
• Alan Tan Khee Jin
“Sustainability in Singapore and Southeast Asia” Paper presented at theAssociation of Pacific Rim Universities (APRU) Fellows Program, Seoul NationalUniversity, Korea, August 2002
LEGAL EDUCATION
• Joel Lee Tye Beng
“Intuitive Teaching and Intuition” Paper presented at the South East AsianAssociation for Dental Education, Hong Kong, September 2002
NUS
46 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
LEGAL INSTITUTIONS / LEGAL SYSTEMS
• Tan Bian Chye, Terence
“Prospective Overruling” Seminar presented at the Faculty of Law, NUS,September 2002
MARITIME LAW
• Robert C Beckman
“Enhancing Maritime Security in the Straits of Malacca and Singapore: Challengesand Prospects”, 5th Japan - Singapore Symposium, 18-19 February, 2003, Tokyo,Japan
“Terrorism, Maritime Security and Law of the Sea: Challenges and Prospects”,International Maritime and Port Security Conference (IMPSC), 21 - 23 January,2003, Shangri-La Hotel, Singapore
• Alan Tan Khee Jin
“Regional Mechanisms for Coastal and Ocean Governance in the Seas of EastAsia” Paper presented at the Experts’ Meeting on Strategies for Better Coastaland Ocean Governance, Kuala Lumpur, Malaysia, November 2002
PUBLIC LAW
• Thio Li-Ann
“Lex Rex or Rex Lex: Competing Conceptions of the The Rule of Law in Singapore”,Speaker, Conference on Asian Values and Rule of Law at Hong Kong University,June 2002
“The Legal Framework and Good Governance in Singapore” Seminar presentedat 22nd Foundation Course on Law and Legal Framework, Civil Service College,November 2002
• Victor V Ramraj
“Security and Liberty: A Perspective from Southeast Asia” Paper presented atthe 16th annual conference of the International Society for the Reform of CriminalLaw; Charleston, South Carolina, USA, December 2002
TORT LAW
• Kumaralingam Amirthalingam
“Medical Negligence - Bolam, Bolitho and Beyond: Quis Custodiet IpsosCustodies?” Paper presented at the Faculty of Law, National University ofSingapore, February 2002
“Medical Negligence and Patient Autonomy: Rights, Capacity and Choice”Paper presented at the 27th International Congress on Law and Mental Health,Amsterdam, July 2002
47 RESEARCH PROFILE 2003 Faculty of Law
“Rights versus Duties: Irreconcilability in the Tort of Negligence” Paper presentedat the Institute of Law and Ethics in Medicine, Law School, Glasgow University,May 2002
“The High Court of Australia on Medical Negligence” Paper presented at theCentre of Medical Law and Ethics, King’s College London, May 2002
• Margaret Fordham
“The Defence of Illegality in Tort - Is a Clearer Future in Sight?” Paper presentedat the Faculty of Law, National University of Singapore, January 2002
TRADE LAW
• Hsu Locknie
Conducted course at Ministry of Foreign Affairs, November 2002
Conducted course at Ministry of Trade & Industry, May 2002
Taught at Hanns-Seidel Foundation course on World Trade Law, October -November 2002
• Li Mei Qin
“Chinese Foreign Trade & Foreign Investment Laws” Course for local lawyersand business people, organised by Continuing Legal Education Committee,Faculty of Law, NUS, from 29 July 2002 - 21 August 2002
“The WTO Rules and Chinese Foreign Trade & Foreign Investment Laws” Seminar,Singapore Academy of Law, 11 April 2002
“WTO Rules and Chinese Law”, Course for the Yunnan Executive Programme,organised by the Public Policy Programme, Faculty of Arts, NUS, March - April,2002
• Dora S S Neo
“FTAs and Trade in Services” Seminar presented at the programme on CapacityBuilding for Negotiating Free Trade Agreements sponsored by the Ministry ofForeign Affairs, Singapore and the Hanns Seidel Foundation, October 2002
OTHERS
ALTERNATIVE DISPUTE RESOLUTION
• Daniel Seng Kiat Boon
Panelist for Singapore’s first domain name dispute (“mtv.com.sg” (SDRP-2002/0001(F))) under the Singapore Domain Name Dispute Resolution Service; decisionrendered on 15 April 2002
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48 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
ENVIRONMENTAL LAW
• Lye Lin Heng
Chairperson, Panel Discussions, “Protection of Marine and Coastal Areas inSingapore”, APCEL/Government of Singapore Ministry of Foreign Affairs, PeninsulaHotel, Singapore, 25 February to 1 March 2002
Panellist, Public Forum “Do We Still Need Environmental Protection?”, SingaporeInstitute of Biology, Orchard Hotel, 27 June 2002
Chairperson, Discussion sessions on the environmental management system ofPort Vila, Vanuatu and on the building of the environmental infrastructure, forNoumea, New Caledonia (proceedings, including discussions, to be publishedby PECC), Pacific Economic Cooperation Council (PECC) 3rd Conference onSustainable Cities, Noumea, New Caledonia, 4-5 November 2002
FAMILY LAW
• Debbie S L Ong
Paper in support of the Singapore Legal Aid Bureau’s submission of “Project:Give Another Lifeline” for the United Nations Public Service Awards (June 2002)
LEGAL EDUCATION
• Joel Lee Tye Beng
“PLC - Skills Training” (February 2002) Concept Paper prepared for the Board ofLegal Education
• Marcia Glickman
“Five Active Learning Techniques” in CDTL’s Ideas on Teaching, vol 1,February 2003
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50 RESEARCH PROFILE 2003
Facultyof LAW
JOURNAL PAPERS PUBLISHED
ALTERNATIVE DISPUTE RESOLUTION
• Goh Meishan Gerardine
Psychometric Analysis: The Winged Seraph in the Pandora’s Box of DisputeResolution? (Part 1) (2002) 13 ADRJ 72-83
Psychometric Analysis: The Winged Seraph in the Pandora’s Box of DisputeResolution? (Part 2) (2002) 13 ADRJ 179-196
COMPANY LAW
• Mok Cui Ling
Rethinking Directors’ Duties - An Analysis of the Proper Purpose Doctrine [2002]Singapore Academy of Law Journal 387
INTELLECTUAL PROPERTY
• Taiwo A Oriola
Consumer Dilemmas: The Right to Know, Safety, Ethics and Policy of GeneticallyModified Food (December 2002) Singapore Journal of Legal Studies (acceptedfor publication)
Ethical and Legal Issues in Singapore Biomedical Research (June 2002) PacificRim Law & Policy Journal pp 497-529
Farmers’ Rights and Farmers’ Wrongs: Emerging Legal Issues in theCommercialization of Genetically Modified Seeds (2003) University of IllinoisJournal of Law, Technology & Policy (accepted for publication)
More Citation Vigilance (September 2002) The Scientist (with Valerie Askren,Raymond Carthy, Carlene Chase, Gary Comstock and Eldon Franz)
CONFERENCES/WORKSHOPS
INTELLECTUAL PROPERTY
• Taiwo A Oriola
“Consumer Dilemmas: The Right to Know, Safety, Ethics and Policy of GeneticallyModified Food” Paper presented at the Australia’s 20th annual Law & SocietyConference, Faculty of Law University of Wollongong, Australia, December 2002
“Literature Surveys and Citations: A Case Study in Research Ethics” Paperpresented at the 20th Bioethics Institute University of Wisconsin-Madison, UnitedStates, June 2002 (with Valerie Askren, Raymond Carthy, Carlene Chase, GaryComstock and Eldon Franz)
“Ethical and Legal Issues in Singapore Biomedical Research” Paper presentedat the APRU Doctoral Students Conference, National Taiwan University, Taipei,China, March 2002
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52 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
RESEARCH PROJECTSApproved in the Year 2002
Medical Negligence and Patient’s Rights - Refining the
Duty and Standard of Care
Principal Investigator - Kumaralingam Amirthalingam
The project critically analyses both the scope of the medical practitioner’s duty ofcare and the standard of care in medical negligence. The law is in a state of flux, asevidenced by the number of recent appeals to the highest appeal courts in England,Australia, Singapore and Malaysia. This uncertainty is having a detrimental impacton medical practice and the doctor-patient relationship. The project examines theimpact of the rising awareness of patient’s rights on medical negligence and assessesthe compatibility of a rights-based approach with the duty-based approach withinthe tort of negligence. The project is comparative in nature - drawing from bothcommon law and civil law - focusing on developments in England, Australia,Singapore, Malaysia and Sweden. It critically examines the law of medicalnegligence - and within that framework - seeks to balance the interests of the patient,the doctor and the community.
A Study of Free Trade Agreements and World Trade
Organisation
Principal Investigator - Michael Ewing-Chow
While Free Trade Agreements (FTAs) have been on the rise in recent years, there hasbeen relatively little academic study done of them. Indeed, Singapore has recentlyalready successfully concluded five FTAs and is currently negotiating more FTAs. Assuch, the project studies the existing FTAs to examine their impact on the legal andeconomic structure of the World Trade Organisation (WTO) both on a macro levelas well as from a uniquely Singapore centric perspective. In particular, the projectwould examine if FTAs could provide normative models to deal with two issuesplaguing the WTO today - that of labour rights and investment protection. This couldprovide important thought leadership on these two areas as the WTO conducts itspost-Doha Development Round negotiations.
Pluralism and Constitutional Law in Singapore, Malaysia,
and Canada
Principal Investigator - Victor V Ramraj
The main goal of this project is to examine the way in which Singapore, Malaysia,and Canada, as multi-cultural, religiously diverse societies, attempt to accommodatediversity and difference within their respective constitutional orders. In particular,this project seeks to understand, within the wider context of global politics post-September 11, how multi-cultural, multi-religious societies are re-thinking their basicconstitutional norms.
53 RESEARCH PROFILE 2003 Faculty of Law
Legal Development in Commercial Sectors Relating to
New Business Vehicles and Insurance Rulings
Principal Investigator - Yeo Hwee Ying
With the emphasis on enhancing the nation’s competitiveness as an internationalbusiness and financial hub, Singapore must ensure that its legal infrastructurecontinues to facilitate the transformation expected in the commercial sectors. Variousjurisdictions have recently introduced innovative measure; of particular interest tothe present study are those relating to new business vehicles and insurance rulings.This project conducts an in-depth analysis of such developments so as to evaluatetheir ramifications on Singapore’s legal scene. The objectives of the project are totrace evolution of related developments occurring in a number of jurisdictions; tocompare differences in approach due to historical legacies and other specialconstraints; and to evaluate relative advantages and explore possibility ofadaptation for Singapore’s commercial and legal sectors.
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DEGREES AWARDED
LLM By Research
Asuquo Kofi Allotey Essien (Nigeria)Supervisor: Assistant Professor Michael Ewing-ChowTopic: Information Technology, the Internet and Electronic Commerce: Bringing
Nigeria into the Global Internet Economy
Goh Chien Yen (Singapore)Supervisor: Associate Professor Simon S C TayTopic: The Meaning of Economic, Social and Cultural Rights in International
Human Rights Law
Toh Yoong San, Janet (Malaysia)Supervisor: Associate Professor Ng-Loy Wee LoonTopic: Trademark and Copyright Protection in Cyberspace: Domain Name
Disputes, Browsing, Linking and Framing in the Internet
THESES SUBMITTED FOR EXAMINATION
PhD
George Sampson Akpan (Nigeria)Supervisor: Professor M SornarajahTopic: Multinational Corporations and the Impact of Natural Resources
Exploitation in the Host State: The Inadequacy of Legal Protection forHost Populations and Implications for Foreign Investment
Shelley Margot Lexmond (Canada)Supervisor: Associate Professor Robert BeckmanTopic: Marine Degradation from Land-based Activities: From Chaos to
Consilience
Suresh Subramaniam (India)Supervisor: Professor M SornarajahTopic: Relevance of a Multilateral Investment Agreement for Foreign Direct
Investment
LLM By Research
Mary Catherine Ericson Waters (USA)Supervisor: Associate Professor Robert BeckmanTopic: Integrated Coasted Management: Integration in ICM and the
Contributions of International Legal Instruments
Phung Thu Van (Vietnam)Supervisor: Professor M SornarajahTopic: The Law on Foreign Direct Investment in Emerging Economies: A Vietnam
Case Study
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58 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
UNDERGRADUATE RESEARCH PAPERS
Ang Wee Beng, SamuelSupervisor: Associate Professor Simon TayTitle: Landmines Convention 1997: Rise of the International Civil Society within
the Military Legal Regime
Arvind Das NaiduSupervisor: Assistant Professor Michael Ewing-ChowTitle: Free Trade Agreements: Blackholes within the WTO?
Chan Ching Chern, DanielSupervisor: Associate Professor Michael HorTitle: The Law on Employment & Habouring of Illegal Immigrants: Striking a
Balance between Deterrance & Fairness to the Individual
Chan Kok WahSupervisor: Associate Professor Gary BellTitle: Specific Performance - Comparative Analysis of the “Abyss” between
the Civil Law & the Common Law
Chan Lay KoonSupervisor: Associate Professor Yeo Hwee YingTitle: Contract (Rights of Third Parties) Act 2001. What Exactly is the Scope of
a Third Party Beneficiary Right
Chan Tai-Hui, JasonSupervisor: Professor M SornarajahTitle: Blood Money: The demise of Article 51 & the Legality of Using Military
Force to Secure Economic Interests under International Law
Cheah Yew KuinSupervisor: Dr Victor RamrajTitle: The Death Penalty: A Need for Additional Safeguards against Wrongful
Convictions
Chia Heng Guan, AmbroseSupervisor: Associate Professor Terry KaanTitle: “The Little Persons”
Chia Keng LengSupervisor: Associate Professor Tan Cheng HanTitle: “Genius or Hearsy”: A Look at Independent Directors in light of the
Singapore Code of Corporate Governance
Chin Li YoonSupervisor: Associate Professor Simon TayTitle: The Role of the Regionalism in the International Trade Regimes:
An Analytical Study
59 RESEARCH PROFILE 2003 Faculty of Law
Chin Li YoonSupervisor: Associate Professor Richard NolanTitle: Restitution, Constructive Trusts & Insolvency
Chua Mei Yen, CelinaSupervisor: Associate Professor Thio Li-annTitle: “Bombing the Sacred Cows”: Terrorism & Its Impact on International Law
Davinia Filza Abdul AzizSupervisor: Associate Professor Thio Li-annTitle: The Utility of International Legal Discourse in Jerusalem: Camera Lucida
or Camera Obscura
Goh Mei Shan, GerardineSupervisor: Associate Professor Thio Li-annTitle: Abstract Ideals to Tangible Reality: Enforcing Human Rights in ASEAN
States through National Human Rights Commissions
Goh Mui KengSupervisor: Assistant Professor Tang Hang WuTitle: The Concept of Unconscionability in Singapore Commercial Law
Hsu Li ChuanSupervisor: Assistant Professor Michael Ewing-ChowTitle: Comparative Competition Regulations between Singapore &
Commonwealth & EU states (Anti-monopolistic Regulations)
Koh See KhiangSupervisor: Associate Professor Terry KaanTitle: Death Penalty by Patents: Are Millions of AID Patients Really Guilty?
Lee Huay Yen, AdelineSupervisor: Professor M SornarajahTitle: Terrorism and the Use of Force in Self-Defence
Lim Choon Mun, EugeneSupervisor: Associate Professor Terry KaanTitle: Selective Non-Treatment of the Severely-Deformed Neonate: A
Comparison of the Best Interest and Substituted Judgement Tests
Lim Wee Kuan, ErnestSupervisor: Associate Professor Thio Li-annTitle: Universalist (Pre) Tension and Universial Tensions in Human Rights Law
Lim Wei TingSupervisor: Associate Professor Barry CrownTitle: Resulting & Constructive Trusts in Matrimonial & Quasi-Matrimonial Homes
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60 NATIONAL UNIVERSITY OF SINGAPORE
Facultyof LAW
Low Pei JooSupervisor: Associate Professor Hans TjioTitle: Making Corporate Governance Work in Singapore
Mok Cui LingSupervisor: Associate Professor Hans TjioTitle: Re-thinking the Directors’ Duties: An Analysis of the Proper Purpose
Doctrine
Ng Li-May, VanessaSupervisor: Associate Professor Terry KaanTitle: Selective Non-treatment of Defective Newborns. An Ethical Insight into
its Justifications
Ong Su Aun, JeffreySupervisor: Associate Professor Tan Cheng HanTitle: Corporate Governance and Securities Legislation in Combating Insider
Trading
Phan Siang Loong, ColinSupervisor: Dr Lim Chin LengTitle: Collective Security - Singapore & the United Nations
Seet Siok Lim. NoelleSupervisor: Associate Professor Terry KaanTitle: “Traditional Chinese Medicine in Singapore - How does it fit?”
Sim Su Mei, JoanSupervisor: Associate Professor Terry KaanTitle: To Litigate or to Mediate. The Dilemma in Medical Negligence Disputes
Sim Wei Ling, AdelineSupervisor: Mr Brady ColemanTitle: Options for Liability Rules under Act. 17 Emission Trading
Jordan Julius TanSupervisor: Associate Professor Gary BellTitle: Bureaucratic Politics & the Reality Deficit: Comparing China’s Ministry of
Foreign Trade & Economic Cooperation with Singapore’s Ministry of Trade& Industry
Tan Kheng Swee, RichardSupervisor: Associate Professor Ng Siew KuanTitle: The Geomics Revolution and Its Challenges to the Patent System
Tan Vim Yew, EricSupervisor: Associate Professor Teo Keang SoodTitle: Revisiting the Law of Unconscionability - An Appraisal of the Application
of the Doctrine in Singapore
61 RESEARCH PROFILE 2003 Faculty of Law
Teo Bee Loon, GraceSupervisor: Associate Professor Simon TayTitle: Women’s Rights in the Asia Pacific Region: With Special Emphasis on
Singapore
Wong Li Fern, ChelsiaSupervisor: Mr Lee Eng BengTitle: To Better the Insolvency Regime: A Question of Assimilating the Model
Law
Wu Xing JieSupervisor: Associate Professor Li Mei QinTitle: The Recent Reform on China’s Foreign Banking Law
GRADUATE RESEARCH PAPERS
Chang Luh ChongSupervisor: Associate Professor Lye Lin HengTitle: Air Pollution Control in Singapore
Helena Whalen-BridgeSupervisor: Professor M SornarajahTitle: International Investment: Whether Capital Restrictions Constitute a
“Taking Compensable under International Law”
How Koon Luan EvelineSupervisor: Associate Professor Terry KaanTitle: Psychiatric Advance Directives: Breaking the Autonomy Strangle?
Kua Lay ThengSupervisor: Adjunct Associate Professor Lawrence BooTitle: Alternative Dispute Resolution in the Malaysian Construction Industry
Kow Keng WeeSupervisor: Associate Professor Gary BellTitle: A Comparative Analysis of the Defence Procurement Regimes of
Singapore, France and the United States
Lee Wei Yuen ArvinSupervisor: Associate Professor Tan Cheng HanTitle: Two Sides of the Same Coin: Reconciling Orthodoxy & Revisionism in the
Corporate Opportunities Jurisprudence
Rath SophoanSupervisor: Associate Professor Simon TayTitle: Human Rights Issues in Cambodia
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62 NATIONAL UNIVERSITY OF SINGAPORE
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Su Jen JenSupervisor: Associate Professor Li Mei QinTitle: A Comparative Study of the Chinese Contract Law & the English
Contract Law
Tan Hsuan BoonSupervisor: Dr Victor RamrajTitle: The Right to Silence: Restoring the Balance
Victor Muthucan AnthonysamySupervisor: Associate Professor Alan TanTitle: Legal Aspects of Resource Management of the Straits of Malacca
YufendySupervisor: Associate Professor Li Mei QinTitle: The Law Related to Expropriation of Foreign Investment in Indonesia:
Should Indonesia Follow China?
Zeenath RajandrenSupervisor: Associate Professor Chan Wing CheongTitle: The Practice of Assisted Reproduction and the Call for Legislation in
Singapore
ADDENDUM
of LAWNUSFaculty
3 NATIONAL UNIVERSITY OF SINGAPORE
BOOK REVIEWS
INTELLECTUAL PROPERTY
• Ng-Loy Wee Loon
“Trade Marks Act - A Commentary” M Ravindran, Singapore Law Gazette (August2002) p 44
“An Introduction to Genetic Engineering, Life Sciences and the Law” George Wei[2002] Singapore Journal of Legal Studies pp 653-655
CONFERENCES / WORKSHOPS
ENVIRONMENTAL LAW
• Koh Kheng Lian
“ASEAN Cooperation and the Environment” presented at the seminar onEnvironmental Law for Senior Officials of the Ministry of Environment and otherministries, 25-26 March 2002
“Sustainable Development & Agenda 21: From Rio to Johannesburg” presentedat MSc (Env Mgt) Induction, Singapore, 19 July 2002
“ASEAN Patterns of Consensus Building in Environmental Management” presentedat IUCN-CEL World Summit 2002: Environmental Foundations for SustainableDevelopment, Pietermaritzburg, 20-22 August 2002
“Capacity Building in Environmental Law: South and Southeast Asian Trends”presented at IUCN-CEL World Summit 2002: Environmental Foundations forSustainable Development, Pietermaritzburg, 20-22 August 2002
“A Singapore Case Study: Cleaning Air Pollution in a Generation” presented atParliamentarians for Global Action - Parliamentary Workshops on Clean Air andClean Water, Johannesburg, 29 August 2002
“The First Generation of Environmental Laws in Asia” presented at IUCN/IGES/ADBSymposium: The Second Generation of Environmental Laws in Asia, Tokyo, 11November 2002
“Regional Biodiversity Collaboration - The ASEAN Approach” presented at IUCN/IGES/ADB Symposium: The Second Generation of Environmental Laws in Asia, Tokyo,11 November 2002
Director, Chairperson and Resource Person, Seminar “Urban and IndustrialEnvironmental Management”, APCEL/Ministry of Foreign Affairs, Peninsula Hotel,Singapore, 25-29 November 2002
INTELLECTUAL PROPERTY
• Ng-Loy Wee Loon
“Exhaustion of Rights and Parallel Imports in Singapore”, presented at theConference on Exhaustion of Rights and Parallel Imports in Asia, Chuo University,Tokyo/Osaka, Japan, 21-23 January 2002
“Trade Marks in Asia”, presented at the course at the 124th Annual Meeting of theInternational Trade Marks Association, Washington DC, USA, 18-22 May 2002
NUSFacultyof LAW
1 NATIONAL UNIVERSITY OF SINGAPORE 2 RESEARCH PROFILE 2003 Faculty of Law
Staff Profile
PROFESSORIAL FELLOW
KOH KHENG LIAN
LLB (Malaya), LLM, PhD (Sing), Dipl de Hautes Etudes Internationales (University ofGeneva), Advocate & Solicitor (Singapore)• Director, Asia-Pacific Centre for Environmental Law (APCEL), Faculty of Law, NUS• IUCN-CEL Vice Chair for South and East Asia, and Member of its Steering
Committee• Member, IUCN Regional Biodiversity Advisory Group (IUCN)• Member, Panel of Experts in Environmental Law, Permanent Court of Arbitration,
Peace Palace, The Hague• Member, IUCN Commission on Environmental Law Working Committee on
Environmental Education
ASSOCIATE PROFESSOR
NG-LOY WEE LOON
LLB (NUS), LLM (Lond), Advocate & Solicitor (Singapore)• Member, Board of Directors, Intellectual Property Office of Singapore (IPOS)• Co-chair, EQU-IP (Educate to Quantify and Utilise IP) Committee, IPOS
Journal AffiliationsKoh Kheng Lian
Member, Editorial Advisory Board, Asia-Pacific Journal of Environmental LawMember, Research Committee, Institute for Global and Environmental Strategies,Japan
Staff Publications
BOOKS EDITED
ENVIRONMENTAL LAW
• Koh Kheng Lian
Capacity Building for Environmental Law in the Asian and Pacific Region:Approaches and Resources (ADB, Manila, 2002) Vols I and II, pp1814 (co-editedwith Donna G. Craig and Nicholas A. Robinson)
CHAPTERS IN BOOKS
ENVIRONMENTAL LAW
• Koh Kheng Lian
“Regional Environmental Governance: Examining the Association of SoutheastAsian Nations (ASEAN) Model” in Global Environmental Governance: Options &Opportunities (Daniel C. Esty and Maria H. Ivanova, eds) (Yale Center forEnvironmental Law and Policy, 2002) pp 101-120 (jointly with Nick Robinson)
“Singapore Report” in Biodiversity Planning in Asia (Jeremy Carew-Reid ed) (IUCN:2002) pp 239-264
“Singapore” in 2002 Top News on Environment in Asia Report (Japan: IGES 2002)
INTELLECTUAL PROPERTY
• Ng-Loy Wee Loon
“Intellectual Property” in Annual Review of Singapore Cases 2001 (Teo ed)(Singapore Academy of Law, 2002) pp 288-316 (co-author)
JOURNAL PAPERS PUBLISHED
ENVIRONMENTAL LAW
• Koh Kheng Lian
“Capacity Building in Environmental Law in the Asia-Pacific Region: A Vital Pillar
in Sustainable Development” (2002) Ten Years after Rio 92: Law and SustainableDevelopment (Chapter 3) pp 27-40
REPORTS
ENVIRONMENTAL LAW
• Koh Kheng Lian
“6th Annual Report on the Asia-Pacific Centre for Environmental Law” (2002)presented at Faculty of Law, National University of Singapore
OTHERS• Koh Kheng Lian
“IUCN-CEL Report on East Asia” (2002) presented at IUCN-CEL Steering CommitteeMeeting, Pietermaritzburg