Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence

Legal evolution in a hyper-connected world will increasingly come through, or otherwise be informed by, legal borrowing and transplants from without whether in the form of laws, techniques, concepts or simple inspiration. The pressures of globalisation and the resulting need for some form of operati...

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Main Author: BITAS, Basil Christos
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2014
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Online Access:https://ink.library.smu.edu.sg/sol_research/1393
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spelling sg-smu-ink.sol_research-33452015-04-14T06:00:06Z Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence BITAS, Basil Christos Legal evolution in a hyper-connected world will increasingly come through, or otherwise be informed by, legal borrowing and transplants from without whether in the form of laws, techniques, concepts or simple inspiration. The pressures of globalisation and the resulting need for some form of operational, transnational convergence and harmonisation will require diverse legal systems to seek out the best rules and approaches regardless of provenance to address the demands of the modern legal and commercial environment. Judges, particularly in common law jurisdictions, will be at the forefront of this process of transnational legal selection fraught with both promise and peril. A “judiciously ecumenical” approach will be required to ensure that the best approaches are adopted while preserving the existing systemic balance of the “recipient” system. Comparative theory has a role to play in enlightening policymakers as to how best to proceed before the fact or, alternatively, in defining and explaining the parameters of the process in a post hoc manner. One such case in Singapore, Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] 4 SLR 193, provides a backdrop for examining the link between theory and practice. 2014-03-01T08:00:00Z text https://ink.library.smu.edu.sg/sol_research/1393 Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Commercial Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Commercial Law
spellingShingle Asian Studies
Commercial Law
BITAS, Basil Christos
Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence
description Legal evolution in a hyper-connected world will increasingly come through, or otherwise be informed by, legal borrowing and transplants from without whether in the form of laws, techniques, concepts or simple inspiration. The pressures of globalisation and the resulting need for some form of operational, transnational convergence and harmonisation will require diverse legal systems to seek out the best rules and approaches regardless of provenance to address the demands of the modern legal and commercial environment. Judges, particularly in common law jurisdictions, will be at the forefront of this process of transnational legal selection fraught with both promise and peril. A “judiciously ecumenical” approach will be required to ensure that the best approaches are adopted while preserving the existing systemic balance of the “recipient” system. Comparative theory has a role to play in enlightening policymakers as to how best to proceed before the fact or, alternatively, in defining and explaining the parameters of the process in a post hoc manner. One such case in Singapore, Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] 4 SLR 193, provides a backdrop for examining the link between theory and practice.
format text
author BITAS, Basil Christos
author_facet BITAS, Basil Christos
author_sort BITAS, Basil Christos
title Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence
title_short Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence
title_full Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence
title_fullStr Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence
title_full_unstemmed Comparative Theory, Judges and Legal Transplants: A Practical Lesson from Singapore and its Relevance to Transnational Convergence
title_sort comparative theory, judges and legal transplants: a practical lesson from singapore and its relevance to transnational convergence
publisher Institutional Knowledge at Singapore Management University
publishDate 2014
url https://ink.library.smu.edu.sg/sol_research/1393
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