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Article

Access_open The Singapore International Commercial Court: The Future of Litigation?

Journal Erasmus Law Review, Issue 1 2019
Keywords international commercial court, Singapore, dispute resolution, litigation
Authors Man Yip
AbstractAuthor's information

    The Singapore International Commercial Court (‘SICC’) was launched on 5 January 2015, at the Opening of Legal Year held at the Singapore Supreme Court. What prompted the creation of SICC? How is the SICC model of litigation different from litigation in the Singapore High Court? What is the SICC’s track record and what does it tell us about its future? This article seeks to answer these questions at greater depth than existing literature. Importantly, it examines these questions from the angle of reimagining access of justice for litigants embroiled in international commercial disputes. It argues that the SICC’s enduring contribution to improving access to justice is that it helps to change our frame of reference for international commercial litigation. Hybridisation, internationalisation, and party autonomy, the underpinning values of the SICC, are likely to be the values of the future of dispute resolution. International commercial dispute resolution frameworks – typically litigation frameworks – that unduly emphasise national boundaries and formalities need not and should not be the norm. Crucially, the SICC co-opts a refreshing public-private perspective to the resolution of international commercial disputes. It illuminates on the public interest element of the resolution of such disputes which have for some time fallen into the domain of international commercial arbitration; at the same time, it introduces greater scope for self-determination in international commercial litigation.


Man Yip
BCL (Oxon).

Wendy Chit-Ying Lui
Wendy Chit-Ying Lui is a Senior Lecturer at the Department of Law and Business, Hong Kong Shue Yan University, Hong Kong, China.
Article

An Assessment of Post-Legislative Scrutiny in the Parliament of Sierra Leone

Journal European Journal of Law Reform, Issue 2 2019
Keywords legislative process, parliament, Sierra Leone, post-legislative scrutiny
Authors Yirah Mansaray
AbstractAuthor's information

    Sierra Leone is among countries in Sub-Saharan Africa which have not institutionalized post-legislative scrutiny (PLS) in their national legislative processes. However, the inspiration to start the process of institutionalizing PLS is derived from the recent interest in ‘better regulation’ and the impetus in PLS of domestic legislation in Sierra Leone. This article tries to scrutinize the structure, procedures and emerging methodologies that are shaping the Parliament of Sierra Leone’s (PoSL) ability to conduct PLS, and its interaction with the Executive. The question that guides this research is whether there has been PLS in Sierra Leone; if so, what are the steps, and if not why? Essentially, PLS remains an indispensable component of the legislative process, especially when parliament engages in legislative scrutiny to determine government action or inaction in implementing public policies. The article concludes that the inclusivity of the Fifth Parliament has created a political space for engaging in PLS. Second, absence of clearly defined procedures for PLS in the parliament, through the 1991 Constitution and the Standing Orders of the House allows MPs to raise matters on public policy and its implementation, and third, the urgency on the need to recalibrate the legislative process will provide a congenial environment for the operationalization of the PLS, especially with the Committee system.


Yirah Mansaray
Yirah Mansaray is a Parliamentary Research Coordinator at the Parliament of Sierra Leone.
Article

ChAFTA, Trade, and Food Safety

When the Rubber Hits the Road

Journal European Journal of Law Reform, Issue 4 2016
Keywords food safety laws in China and implementation issues, China-Australia Free Trade Agreement (ChAFTA), agricultural trade, corporate social responsibility, collaborative governance
Authors Ying Chen
AbstractAuthor's information

    Over the past decade, food safety has evolved into a compelling issue in China. The Chinese government has been committed to strengthening the regulatory framework. A series of laws and regulations ensuring the quality and safety of food in the interests of public health have been promulgated. However, a fairly comprehensive set of laws, along with harsh punishments, does not substantially deter food safety violations. Rather, foodborne illnesses continue to occur on a daily basis. How to improve food safety has become China’s national priority; it is also the main focus of this research. This article determines that one of the main obstacles to food safety is poor implementation of laws. It identifies the external and internal impediments to food safety governance in China. It further proposes an evolving series of potential solutions. Externally, weak enforcement undermines the credibility of the food safety laws. Internally, food manufacturers and distributors in China lack the sense of corporate social responsibility (CSR). To effectively reduce or even remove the external impediment, it is imperative to improve the overall governance in various sectors. As for the internal impediment, incorporating CSR principles into business operations is vital for food safety governance. In fact, the enforcement of many regional trade agreements, in particular, the enforcement of China–Australia FTA (ChAFTA) will largely increase market share of Australian food products in China. Undoubtedly, Chinese food businesses will face unprecedented competition. The pressure to gain competitive advantages in food markets yields an enormous change in motivation for Chinese food businesses. Chinese food companies will ultimately be forced to ‘voluntarily’ integrate CSR principles into their business operations. A significant change in the food sector is expected to be seen within the next decade. The article concludes that better practice in food safety governance in China requires two essential elements: a comprehensive regulatory and cooperative framework with essential rules and institutions, and an effective implementation mechanism involving both the public and private sectors.


Ying Chen
Dr. Ying Chen, Lecturer in Law, University of New England School of Law, Armidale, NSW2351, Australia. Email: ychen56@une.edu.au.

Ying Chen
SJD Candidate, Indiana University School of Law, Indianapolis
Article

The Right to Food

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords food crisis, right to food
Authors Ying Chen
AbstractAuthor's information

    With the development of society, new agricultural technologies have been widely introduced and effectively applied to agricultural cultivation. Agricultural productive capacity has greatly improved and the world’s food producers are capable of providing all the people on this planet with sufficient food to satisfy everyday dietary needs for a healthy life. Ironically, food insecurity continues to be a critical issue in the contemporary world. More than 923 million people suffer from chronic hunger, malnutrition or related diseases, and this number grows with continually rising food prices. This article responds to the current food insecurity by addressing a new issue: is there any legal basis for both the international community and national governments to protect vulnerable people from hunger and malnutrition?


Ying Chen
S.J.D. Candidate, LL.M., Indiana University School of Law Indianapolis.

Hans van Houtte
Professor of Law, K.U.Leuven, Belgium (hans.vanhoutte@law.kuleuven.be), formerly Commissioner and Legal Chair at the CRPC (1996–2003), arbitrator at the CRT (1998–2001), member UNCC (1999–2002), presently President of the Eritrea-Ethiopia Claims Commission (2001 - ).

Iasson Yi
Assistant at the K.U.Leuven, Belgium, working on the research project on ‘Mass Claims Settlement and the Restoration of Property Rights in the Post-Conflict Situations.’
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