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