(2022). Sustainability and corporate mechanisms in Asia. Asia Pacific Law Review. Ahead of Print.

(2022). Emerging powers and the world trading system: The past and future of international economic law. Asia Pacific Law Review. Ahead of Print.

ABSTRACT In the ongoing discourse of investor-State dispute settlement (ISDS) reform, dispute prevention mechanisms (DPMs) have attracted extensive attention among States. As a typical form of DPM, the investment ombuds mechanism not only serves as a decentralized and cost and time-efficient avenue to resolve disputes before they escalate into investment arbitration but also plays an irreplaceable

ABSTRACT Korea amended the Foreign Legal Consultant Act in 2016 to fulfil its free trade agreement commitments to Phase 3 legal services market liberalization. This Phase 3 liberalization allowed foreign law firms to form Joint Venture Law Firms with Korean law firms and practice in certain areas of local laws by employing Korean-licensed lawyers. However, free trade agreement contracting parties heavily

(2022). Lawyer, scholar, teacher and activist: a Liber Amicorum in honour of Derek Roebuck. Asia Pacific Law Review. Ahead of Print.

(2022). The Indian legal system: an enquiry. Asia Pacific Law Review. Ahead of Print.

(2022). Constitutional transition and the travail of judges: the courts of South Korea. Asia Pacific Law Review. Ahead of Print.

ABSTRACT Despite years of effort, financial inclusion persists as a major challenge in the Pacific Island Countries (PICs), with many in the region still lacking access to financial services. This article argues that central bank digital currencies (CBDCs) offer a potentially highly efficacious solution to (i) the financial inclusion challenges of the PICs and (ii) the problem of high remittance costs

(2021). Gender, alterity, and human rights: freedom in a fishbowl. Asia Pacific Law Review: Vol. 29, No. 2, pp. 429-433.

(2021). Judges of the Supreme Court of India 1950–89. Asia Pacific Law Review: Vol. 29, No. 2, pp. 422-425.

ABSTRACT The jury is an institution that has evoked praise and criticism throughout its history. Recently, it has also triggered debate in many countries as they reform their judicial processes. Gathering data on 111 countries from various sources to analyse the jury as part of the judicial system, we find that public trust in the judiciary is higher in countries with jury trials than in countries

(2020). A comparative guide to the Asian Infrastructure Investment Bank. Asia Pacific Law Review: Vol. 28, No. 2, pp. 444-447.

(2020). Collected essays on international law. Asia Pacific Law Review: Vol. 28, No. 1, pp. 254-258.

ABSTRACT The Global Financial Crisis of 2008 (GFC) drew attention to the importance of customer protection in financial services contracts. In Singapore, customers who lost money in the GFC have not been very successful in suing financial institutions under the common law. This is due, in part, to tightly drafted contracts and clauses designed to protect the interests of financial institutions, such

ABSTRACT The Coronavirus Disease 2019 (Covid-19) pandemic has forced States to adopt a number of regulatory responses, which, in turn, could negatively impact foreign investors. Thus, many apprehend that foreign investors might bring investor-State dispute settlement (ISDS) claims against States under different bilateral investment treaties. The Covid-19 pandemic has badly affected India, forcing India

(2019). Paths of justice. Asia Pacific Law Review: Vol. 27, No. 2, pp. 306-309.

ABSTRACTThe scope of cover under marine insurance policies is delineated by a combination of express insuring clauses specifying covered risks together with limitations on cover either express in t...

Text and data mining (TDM) may be performed in a variety of fields and for different purposes. Among other things, TDM techniques may be used to ‘train’ Artificial Intelligence (AI), also for the p...

ABSTRACTMarine insurance policies insure against a number of recognized perils, many of which are concerned not with accidents, but with deliberate loss or damage inflicted by aggressive third part...

ABSTRACT Abuse of superior bargaining power demonstrates a domain where practice precedes theory. Although the scanty regulation across the world has always been criticized for the lack of legal certainty as well as reasonable economic justification, legislative attempts never rested and extensively emerged in the last decade. The incomplete contract theory may offer one value perspective on the efficient

ABSTRACT A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two.

ABSTRACT This article investigates the facts and performance of the Indonesia legal system in providing recognition and protection to indigenous peoples in the management of natural resources. This includes the patterns of legal relationships regarding land ownership in the indigenous peoples’ controlled areas. This study draws on information collected from selected areas in East Kalimantan, namely:

Spread across thousands of kilometres of ocean, the Pacific Island states are home to Melanesians in the west, Micronesians in the northwest, and Polynesians in the east. Many islands are home to o...

ABSTRACT This article examines themes associated with the role of arbitration and its interrelationship with the law generally. These include the extent to which parties to an arbitration agreement are free to choose the principles governing the procedural and substantive aspects of the arbitration. The article considers the circumstances in which such a choice may be affected or overridden by mandatory

ABSTRACT In a private company, conflicts arise from disagreements between controlling and non-controlling shareholders. Controlling shareholders may be involved in the management and active monitoring of directors in order to maximize the value of the company. On the other hand, they may also use their power to benefit themselves at the expense of the company and other shareholders such as by appointing

ABSTRACT For nearly two decades, public enforcement through the Indonesian Competition Authority has been the fulcrum of Indonesia’s competition law enforcement. However, they fail to provide effective judicial redress to victims of competition law infringement due to the absence of clear procedural rules. This article explores the desirability of enhancing Indonesia’s antitrust enforcement through

ABSTRACT This article discusses the boundary between the powers of the judiciary, the legislature and the executive branch with regard to issues involving the rule of law and fundamental rights in common law jurisdictions. It examines the different approaches adopted by judges and judiciaries in different common law jurisdictions in handling legislative and executive acts that touch upon fundamental

ABSTRACT This paper examines the application of Section 11(b) of the Malaysian Evidence Act 1950 as an exception to the rule against the admissibility of similar fact evidence in criminal proceedings. Prima facie similar fact evidence, which is a species of bad character evidence and reveals the accused person’s pervious reprehensible behaviour, is inadmissible in Malaysia on the grounds that it would

ABSTRACT Bid rigging prevents public procurers from obtaining the best value for money. While public procurers are advised to be vigilant as to bid rigging in public markets, public procurement rules as well as administrative practices of public procurement authorities, are integral contributors to the formation and stability of bid rigging. By looking at factors facilitating bid rigging in public

ABSTRACT In this article, Lord Hope examines various aspects of the arbitration process based on his experience both as counsel before he became a judge and following his retirement as deputy president of the UK Supreme Court. He considers the skills that should be expected of an arbitrator and the content to be expected of a well-drafted arbitration clause. He then discusses the part played by arbitral

The politics of police detention in Japan: consensus of convenience, Silvia Croydon, Oxford, Oxford University Press, 2016, 211pp., GBP ?69 (hardback), ISBN: 0198758340The Japanese police detention system - 'daiyo kangoku' (the literal translation meaning 'substitute prison') - has attracted much criticism both domestically and internationally.1 Under Japanese law, a suspect can be detained for up

(2016). Editorial Board. Asia Pacific Law Review: Vol. 24, No. 2, pp. ebi-ebi.

(2009). Editorial. Asia Pacific Law Review: Vol. 17, No. 1, pp. 1-1.

(2010). Editorial. Asia Pacific Law Review: Vol. 18, No. 1, pp. 1-1.

ABSTRACT Commercial arbitration being contractually based is a matter of private law. Its effectiveness depends upon legislative support defined by external public policy considerations. Those considerations invite scrutiny of the costs and benefits of commercial arbitration including its effect on the development of commercial law and an appropriate balance between arbitral mechanisms and commercial

ABSTRACT The Thai Constitutional Court has been mentioned extensively by local and international scholars and not always in the most positive way. The original dataset of all decisions for the period 2008–2014 is assembled in this article and the determinants of dissent are analysed. The findings indicate that there is some evidence that dissent is related to pro-constitutional and pro-administration

Legal dissonance: the interaction of criminal law and customary law in Papua New Guinea, Shaun Larcom, New York, Berghahn, 2015, 178 pp., US$85 (hbk), ISBN: 9781782386483The Independent State of Papua New Guinea, like many other countries, struggles with serious problems of law and order. Murder, robbery, carjacking, and sexual and domestic abuse are just a few of the numerous offenses that strain