In addition to its bi-annual publications, the SAcLJ also publishes special issues which focus on specific areas of law. The authors of these issues hail from diverse backgrounds, with articles from renowned foreign experts as well as leading local minds in the respective areas of law. To date, nine special issues have been published. These are
This special issue focuses on the following topics: (a) an international perspective on the choice of law governing the substantive validity of international arbitration agreements; (b) Swiss and English arbitration laws, the material differences, as well as differences in interpretation; (c) the law applicable to the issue of arbitrability; (d) meaning, scope and sources of procedural law and lex arbitri; rights of parties to opt out and create their own procedural framework, limits on that freedom; and the process for determining the seat of arbitration; (e) extent to which voie indirecte and voie directe converge in practice; (f) state incapacity and sovereign immunity in international arbitration in, eg, Singapore, the US and the UK, and before international tribunals; (g) the different approaches adopted by investment treaty tribunals when determining the law applicable to the dispute and the significance of different treaty structures; (h) Singapore perspective on the interaction and impact of cross-border insolvencies on arbitration proceedings; (i) the origins of the Henderson rule and its operation in practice where parties have participated in a prior arbitration and then seek to commence fresh proceedings raising matters that could and should have been brought in the earlier arbitration; and (j) a survey on how Singapore courts have addressed the choice of law issues that arise in the context of setting-aside challenges to an award, challenges to the enforcement of an award, and in determining the applicable law in the arbitration.
Author(s)/Editor(s)/Contributor(s): The Right Honourable the Lord Collins of Mapesbury, Chan Leng Sun SC and Michael Hwang SC
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This issue features articles on: (a) the 1982 Canadian Charter of Rights and Freedoms and how it has changed the Canadian criminal justice system; (b) the factors which affect the Hong Kong Judiciary in its interpretation of the constitutional right to be presumed innocent and the right against self-incrimination; (c) how ideas of constitutionalism, rule of law and fundamental rights have contributed to the development of criminal law in India; (d) the vulnerability of suspects, accused and convicted persons whilst in custody in South Africa and the possible explanations for it including a social justice deficit and ambiguity in commitment to constitutional values; (e) how interaction with the European Court of Human Rights has shaped the way that UK courts, governments and Parliament have acted on criminal justice issues and vice versa; (f) fair treatment developments in transnational and international criminal law at the international level and how national actors should approach these developments; (g) the need to shape the extent of criminal liability by taking into consideration the moral foundations of criminal law in Singapore; (h) state of the law in Singapore on aspects of the right of silence and the right of access to a lawyer of a suspect who is in custody; and (i) the evolution of Singapore’s criminal process and hopes for the future.
Author(s)/Editor(s)/Contributor(s): Associate Professor Chan Wing Cheong and Professor Michael Hor (guest editors)
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This issue features articles on: (a) the various prescriptive tests for inventive step in patent law, and how it could be further tweaked for enhancement in specific situations; (b) the need for the patent system to strike an appropriate balance of rights between protection and competition by examining the grant of remedies; (c) the recent Leahy-Smith America Invents Act, and how it represents a new mode for international harmonisation; (d) the issues surrounding the determination of authorisation liability, with a particular emphasis on the meaning of the word “authorise”; (e) the advantages of protecting the preparatory efforts of the makers or producers of databases and compilations; (f) the concept of authorship and the meaning of a “work”, and how these implicate the standard that is applied when one considers the question of copyright subsistence; (g) the relevance of the US transformative use doctrine to the fair dealing provision in Singapore, with an emphasis on the transformative characteristics of appropriation art; (h) a review of the development of copyright law in Singapore through the past 25 years, and how public policy considerations have shaped the legislative and judicial development of copyright law principles; (i) the anti-dilution right in modern trade mark law; (j) the increasing need for private methods of dispute resolution, with the introduction of the new generic top-level domain programme by the Internet Corporation for Assigned Names and Numbers; (k) the statutory interpretation of intellectual property law in Singapore, whether judicial creativity involved in such interpretation is desirable for Singapore’s intellectual property jurisprudence; and (l) a review of the operation of the World Intellectual Property Organization Arbitration and Mediation Center, with particular focus on the mediation and arbitration of intellectual property and technology disputes.
Author(s)/Editor(s)/Contributor(s): Professor Sam Ricketson (guest editor)
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