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Vol 3 No. 2 July - December 2004 - Faculty of Law - National ...

Vol 3 No. 2 July - December 2004 - Faculty of Law - National ...

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17th singapore<br />

law review lecture<br />

Singapore <strong>Law</strong> Review Editor Jeremy Leong ’05<br />

reports on the 17th SLR Lecture, delivered by<br />

Assoc Pr<strong>of</strong> Simon Tay ’86 on 19th March <strong>2004</strong><br />

The Singapore <strong>Law</strong> Review certainly had a fruitful year. Events such as the<br />

Inaugural Singapore <strong>Law</strong> Review Academic Writing Workshop and the Inaugural<br />

Singapore <strong>Law</strong> Review Symposium which aimed to promote academic discourse<br />

outside the <strong>Law</strong> School curriculum, were well met with overwhelming enthusiasm<br />

from the <strong>Law</strong> School population. This groundbreaking year culminated on 19th<br />

March <strong>2004</strong> with the 17th Singapore <strong>Law</strong> Review Lecture, held at City Hall<br />

Chambers. The Lecture was jointly sponsored by Baker & McKenzie.Wong &<br />

Leow, Arthur Loke & Partners and Bernard Rada and Lee <strong>Law</strong> Corporation.<br />

The annual lecture series is currently the longest running lecture series in<br />

Singapore. It boasts <strong>of</strong> eminent speakers such as Pr<strong>of</strong>. S Jayakumar ’63,<br />

Pr<strong>of</strong>. Tommy Koh ’61, various Justices <strong>of</strong> the Supreme Court <strong>of</strong> Singapore and<br />

other prominent legal personalities. This year’s distinguished speaker was<br />

Assoc. Pr<strong>of</strong>. Simon Tay ’86, who spoke on “The Singapore – Malaysia<br />

Relationship: The Future Roles <strong>of</strong> International <strong>Law</strong>.” Given Assoc. Pr<strong>of</strong>. Tay’s<br />

outstanding track record and experience in international law and foreign policy,<br />

expectations were high as to the delivery <strong>of</strong> an insightful and thought-provoking<br />

lecture. Sure enough, Assoc. Pr<strong>of</strong>. Tay did not disappoint the audience, which<br />

included prominent legal luminaries such as the Honourable Judge <strong>of</strong> Appeal<br />

Chao Hick Tin, the Honourable Justice MPH Rubin ’66 and the Honourable<br />

Justice Kan Ting Chui ’70. Using the various disputes between Singapore and<br />

Malaysia as the backdrop for this lecture, Assoc. Pr<strong>of</strong>. Tay surveyed three<br />

areas. First, the rise <strong>of</strong> international law and the interest and importance that<br />

states attach to it, or should attach to it. Second, three disputes between<br />

Singapore and Malaysia over the island <strong>of</strong> Pedra Branca; reclamation works<br />

by Singapore; and the price <strong>of</strong> water. Third, the relationship between international<br />

law and politics. On the rise <strong>of</strong> international law, Assoc. Pr<strong>of</strong>. Tay argued that<br />

while international law is <strong>of</strong> increasing importance to Singapore, Singapore<br />

lacks many <strong>of</strong> the processes, experiences and perspectives in dealing with<br />

international law in its emerging complexity. On the three current disputes,<br />

it was Assoc. Pr<strong>of</strong>. Tay’s opinion that, given the complexities <strong>of</strong> international<br />

relations and foreign policy, no country will necessarily emerge as a “winner”<br />

from the disputes. Lastly, on the relationship between international law and<br />

politics, he argued that they should be seen as a continuum <strong>of</strong> methods and<br />

tools for dealing with a complex but essential relationship and not mutually<br />

exclusive positions. To borrow his euphemism, “law, law” and “jaw, jaw” to<br />

avoid “war, war”. The lecture ended with a stimulating question and answer<br />

session between Assoc. Pr<strong>of</strong>. Tay and the audience. Assoc. Pr<strong>of</strong>. Tay was<br />

challenged by questions ranging from the future <strong>of</strong> Singaporean private<br />

businesses in Malaysia, to the Malaysian elections, as well as future<br />

developments in the rise <strong>of</strong> international law as an area <strong>of</strong> academic endeavour.<br />

With all questions well answered and all minds satisfied, it was time for mouths<br />

and bellies to be gratified at the post-lecture reception. The 2003-<strong>2004</strong> Editorial<br />

Board <strong>of</strong> the Singapore <strong>Law</strong> Review is extremely proud <strong>of</strong> the success <strong>of</strong> the<br />

17th Singapore <strong>Law</strong> Review Lecture. The enthusiasm from all involved was<br />

extremely apparent, and is indicative <strong>of</strong> the passion <strong>of</strong> our <strong>Law</strong> students,<br />

which we should nurture further. The Singapore <strong>Law</strong> Review will continue to<br />

bring such activities to the forefront <strong>of</strong> academic life in <strong>Law</strong> School, so as to<br />

create a more fulfilling and inspired experience for all law students.<br />

Inaugural Singapore <strong>Law</strong> Review Symposium -<br />

10th March <strong>2004</strong><br />

The Inaugural Singapore <strong>Law</strong> Review Symposium<br />

was held on 10th March <strong>2004</strong> at the Moot<br />

Court <strong>of</strong> the NUS <strong>Faculty</strong> <strong>of</strong> <strong>Law</strong>. The symposium<br />

was organized as a primer to the Singapore<br />

<strong>Law</strong> Review <strong>2004</strong> Lecture by Assoc. Pr<strong>of</strong>. Simon<br />

Tay '86 on "The Singapore-Malaysia<br />

Relationship".<br />

The symposium speakers, who ranged from<br />

first to final year law students, presented papers<br />

that were well-researched and insightful. Joel<br />

Teo '05 started <strong>of</strong>f by providing a comprehensive<br />

account <strong>of</strong> the history <strong>of</strong> the Singapore-Malaysia<br />

water dispute. Following from that, Benedict<br />

Teo '04, Mahdev Mohan '04 and Kelvin Teo '04<br />

analysed the detailed legal aspects <strong>of</strong> the water<br />

dispute, with a focus on the negotiations<br />

conducted between the two sides and the<br />

positions taken by the respective leaders. A<br />

discussion on the Tekong/Tuas land reclamation<br />

dispute and the Pedra Branca issue by Derek<br />

Low '05, Toh Yukai '05 and Evangeline Quek<br />

'05 followed. Their papers recounted the facts<br />

behind each dispute and provided possible<br />

avenues for resolution. Shobna Chandran '06<br />

and Debby Lim '06 then examined the various<br />

dispute resolution mechanisms available to<br />

both countries. In so doing, they suggested an<br />

overarching theory <strong>of</strong> how an independent<br />

conciliatory commission may be the best avenue<br />

to resolve the outstanding disputes.<br />

Perhaps most thought-provoking <strong>of</strong> all was a<br />

paper by Benjamin Tay '07. His presentation<br />

on "The Singapore-Malaysia Bilateral Border<br />

Agreement: Model <strong>of</strong> Efficiency but Have We<br />

Neglected the SARS Victims?" <strong>of</strong>fered a critical<br />

analysis <strong>of</strong> how both countries dealt with the<br />

SARS crisis <strong>of</strong> 2003. Benjamin further proposed<br />

new manners <strong>of</strong> approaching future crises,<br />

which will improve bilateral co-operation as<br />

well as ensure the protection <strong>of</strong> an individual’s<br />

right to seek medical attention wherever he<br />

desired.<br />

The symposium displayed the wealth <strong>of</strong><br />

academic potential within the student body,<br />

with the papers by the first and second year<br />

students being particularly commendable.<br />

Future<br />

Alumni<br />

25

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