{"title":"Categorizing Foreign Direct Investment Protection Mechanisms","authors":"Wael Saghir","doi":"10.14296/ISLR.V0I0.4953","DOIUrl":"https://doi.org/10.14296/ISLR.V0I0.4953","url":null,"abstract":"The paper explores the various foreign direct investment protection mechanisms through categorising them in order of their application so that foreign investors can clearly understand the nature of these mechanisms and when and how they can be effectively used for their benefit.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127843149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editorial Board and Associate Editors","authors":"Narayana Harave","doi":"10.14296/ISLR.V0I0.4957","DOIUrl":"https://doi.org/10.14296/ISLR.V0I0.4957","url":null,"abstract":"Editorial Board and Associate Editors","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131106986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking the Common Intention Constructive Trusts in Stack v Dowden and Jones v Kernott – should the Resulting Trusts be preferred?","authors":"Yee Ching Leung","doi":"10.14296/ISLR.V6I1.4962","DOIUrl":"https://doi.org/10.14296/ISLR.V6I1.4962","url":null,"abstract":"Yee Ching Leung takes the two landmark cases, Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53, as starting points to consider the new Common Intention Constructive Trust approach in dealing with the issue of how the beneficial interest of a property is to be shared between two separating cohabitants. The article analyses whether this new approach should be preferred over the traditional Resulting Trust approach. The author explains the two approaches and gives three arguments in support of the Resulting Trust approach. First, it provides a greater degree of certainty, which is crucial in property law. Secondly, the traditional approach is more coherent in principle when comparing to the Common Intention Constructive Trust approach. Thirdly, the author argues that the Resulting Trust approach would not leave the discretion of judges unconfined. Toward the end of the article, the author gives two brief replies to the critics of the Resulting Trust approach. However, the Common Intention Constructive Trust approach is now the law of England and whether the Resulting Trust approach will return remains to be seen.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117003540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Still Keeping Secrets? Bank Secrecy, Money Laundering, and Anti-Money Laundering in Switzerland and Singapore","authors":"Shiqing Yu","doi":"10.14296/ISLR.V0I0.4955","DOIUrl":"https://doi.org/10.14296/ISLR.V0I0.4955","url":null,"abstract":"It was the Swiss Banking Act 1934 that first created numbered bank accounts, and in Switzerland, the principle of bank secrecy continues to be regarded as one of the primary aspects of private banking. Switzerland has long been accused of being one of the main tools of organised crime and the underground economy both by governments and Non-Government Organisations (NGOs), particularly after the class action suit against the Clearstream scandal, the Vatican Bank, and the 9/11 terrorist attacks. In addition to Switzerland, Singapore was ranked 5th on the Financial Secrecy Index (FSI) in 2018, and faced a delicate conundrum because of the signs of crisis in emerging economies such as Indonesia and India, and came under growing pressure from the U.S. and Europe, which accused it of providing unfair advantages in the competition of tax havens. This article discusses money laundering and bank secrecy in Singapore and Switzerland primarily, and discusses whether they are still keeping financial information as secret as before because of its link to Anti-Money Laundering (AML) and Bank Secrecy.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"116 48","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113944647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Belt and Road Initiative (BRI) and its associated potential criminal risks","authors":"Shiqing Yu","doi":"10.14296/islr.v5i2.4907","DOIUrl":"https://doi.org/10.14296/islr.v5i2.4907","url":null,"abstract":"The Belt and Road Initiative (The Silk Road Economic Belt and the 21st-century Maritime Silk Road) is of great importance in the exchange of information, ideas, and technology among countries, as it benefits a sustained economy and innovation, and enhances China’s open economy as well. However, there also are risks associated with this venture, including cross-border criminal activities, such as money laundering and terrorist financing. This article explores the challenges the BRI faces and the necessity to combat those risks. It suggests further that particular attention needs to be paid to these issues to allow us to understand the related challenges in advance to be able to implement effective methods to reduce and/or prevent these risks from emerging.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127361482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Existing without Equity: is the floating charge a successful importation in China?","authors":"Lei Zhang","doi":"10.14296/ISLR.V5I2.4900","DOIUrl":"https://doi.org/10.14296/ISLR.V5I2.4900","url":null,"abstract":"Lei Zhang discusses China’s efforts to develop a coherent and comprehensive financial system corresponding to the worldwide financial boom, considering the potential role of the floating charge as a security mechanism in financial system regulation and insolvency process, enabling creditors to control loan risks and consequently lowers the cost of credit to debtors. The importation of the floating charge was contemplated to improve the financing ability of companies and therefore accelerate the financial liquidity in the Chinese market economy. It was expected to facilitate the development of privately-owned small and medium enterprises under “policy-lending” context, where the Chinese government controlled bank lending mainly towards state-owned enterprises. However, those conceptual advantages can only be achieved if the floating charge can operate in the host legal environment efficiently and harmoniously. The author explains that since the floating charge is a product of equity, there are many problems faced by Chinese legislators.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115319414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Time for Reform? a comparison of Canadian and English Preference Laws","authors":"Siavash Vatanchi","doi":"10.14296/ISLR.V5I2.4904","DOIUrl":"https://doi.org/10.14296/ISLR.V5I2.4904","url":null,"abstract":"Sia Vatanchi compares and contrasts the national English and Canadian preference provisions in relation to bankruptcy and insolvency process – suggesting that although both nations are common law countries and share a similar history, the currently state of preference law in London is less effective and sensible than Ottawa’s. The author explains that an emphasis on the subjective motivation of the debtor has proven to be a challenging task for the office-holder to demonstrate, particularly when combined with the defence of commercial pressure. These features have helped to manufacture a regime whereby the pari passu principle underlying preference law is not realised as best possible. Until Parliament institutes reforms aimed at developing a more objective and effects focused system, which requires a greater embracement of the equal-sharing model, English preference law will remain outdated and ineffective.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129673214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Material Breach and its Exception: An Analysis of a ‘Humanitarian Character’","authors":"Thanapat Chatinakrob","doi":"10.14296/ISLR.V5I2.4903","DOIUrl":"https://doi.org/10.14296/ISLR.V5I2.4903","url":null,"abstract":"Thanapat Chatinakrob explains the definition and the object and purpose of a material breach under Article 60 of the Vienna Convention on the law of treaties by exploring its development from the principle inadimplenti non est adimplendum to ‘fundamental’ and ‘material’ breaches. The article outlines the way material breach works in practise, including its scope, the kinds of breaches made and procedures to be followed, by analysing decisions by international courts and tribunals and the travaux preparatoire of the Vienna Conferences. The author provides an analysis of the exclusion of ‘humanitarian character’ to prevent the entitlement of Article 60, proposing some observations to treaties that might involve a humanitarian character, especially human rights treaties.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133836740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analysis of the International Horizontal Judicial System’s Intervention in Sovereign Disputes: ratios without spine","authors":"Arohi Kashyap","doi":"10.14296/ISLR.V5I2.4902","DOIUrl":"https://doi.org/10.14296/ISLR.V5I2.4902","url":null,"abstract":"Arohi Kashyap analyses the level of implementation and intervention of the International Horizontal Judicial System in sovereign disputes, referring in particular to the International Court of Justice and the Permanent Court of Arbitration. The paper considers the binding and horizontal nature of the International Judicial System, with detailed reference to three important international sovereign dispute cases, i.e. Nicaragua v. USA, Cambodia v. Thailand (Temple of Preah Vihear case) and the South China Sea Dispute. The author argues that the judicial bodies in international law give judgments and awards without any legal force or backing for implementation making the judgments no more than strict guidelines. The paper highlights the importance of an enforceable International Judicial System in sovereign disputes and suggests that the present system cannot fulfil this requirement.","PeriodicalId":122771,"journal":{"name":"IALS Student Law Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124844644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}