All Rise for the Honourable Robot Judge? Using Artificial Intelligence to Regulate AI
There is a rich literature on the challenges that AI poses to the legal order. But to what extent might such systems also offer part of the solution? China, which has among the least developed rules to regulate conduct by AI systems, is at the forefront of using that same technology in the courtroom. […]more…
We, the Robots? Regulating Artificial Intelligence and the Limits of the Law
Should we regulate artificial intelligence? Can we? From self-driving cars and high-speed trading to algorithmic decision-making, the way we live, work, and play is increasingly dependent on AI systems that operate with diminishing human intervention. These fast, autonomous, and opaque machines offer great benefits — and pose significant risks. This book examines how our laws […]more…
Can International Law Survive a Rising China?
[European Journal of International Law] The founding myth of international law is the sovereign equality of its member states. How, then, can and should it accommodate the rise of one potential hegemon and the decline of another? This review essay discusses an important new book by Cai Congyan, of Xiamen University, that tries to reconcile […]more…
Do Better Lawyers Win More Often? Measures of Advocate Quality and Their Impact in Singapore’s Supreme Court
[Asian Journal of Comparative Law] Parties to a dispute that goes to court typically seek to retain the best lawyer they can afford. But do the ‘best’ lawyers get better results? This article surveys the literature across various jurisdictions before introducing a recent study of determinants of litigation outcomes in Singapore. The focus is on […]more…
The Oxford Handbook of International Law in Asia and the Pacific
The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in […]more…
International Law in the Asian Century
An academic learns most through errors and omissions. Far better to be criticized in text than footnoted in passing — both, of course, are preferable to being ignored. I am therefore enormously grateful that such esteemed scholars and practitioners were willing to take part in this joint Opinio Juris and EJIL:Talk! symposium and offer their responses […]more…
Opinio Juris and EJIL:Talk! Symposium
A decade after moving from New York to Singapore, I began work on this article in the hope of understanding what seemed to me a paradox. Well into the much-vaunted “Asian century”, the states of this region arguably benefit most from the security and economic dividends of a world ordered by international law and institutions […]more…
Asia’s Ambivalence About International Law & Institutions: Past, Present, and Futures
[European Journal of International Law] Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international organizations. This is despite the fact that Asian states have arguably benefited the most from the security and economic dividends provided by […]more…
The Fall and Rise of Legal Education in Asia: Inhibition, Imitation, Innovation
The history of legal education in Asia bears the scars of colonialism. The most obvious evidence of that today lies in the common law/civil law divide between our various countries, a distinction for which the determining factor was typically the legal system of the European power that happened to exercise colonial power. In recent years, […]more…
From Community to Compliance?
The Association of Southeast Asian Nations (ASEAN) has been transformed from a periodic meeting of ministers to become the most important regional organisation in Asia’s history. An important tension in this transformation is the question of whether the ‘ASEAN way’ — defined by consultation and consensus, rather than enforceable obligations — is consistent with the […]more…
The International Court of Justice in Asia: Interpreting the Temple of Preah Vihear Case
[Asian Journal of International Law] This article examines the 2013 decision by the International Court of Justice interpreting its 1962 judgment in the Temple of Preah Vihear case between Cambodia and Thailand. The more recent decision is situated in relation to the Court’s evolving role in Asia. Only eight Asian states have accepted the compulsory […]more…
International Law and the Rise of Asia
The judgment by the International Court of Justice earlier this month on a border dispute between Thailand and Cambodia demonstrated the importance of international law to Asia. But how important is Asia to international law? Asian countries are significantly under-represented in the institutions of global governance. Historically, the countries of the region have also played […]more…
International Criminal Law with Asian Characteristics?
[Columbia Journal of Asian Law] The history of international criminal law has been, for the most part, a European tale. Though it was American insistence that prevented the summary execution of hundreds or thousands of German officers after the Second World War — an approach favoured by Churchill and seriously contemplated by Stalin — the […]more…
Taking ASEAN Seriously
If ASEAN is ever going to play a meaningful role in dealing with regional crises like haze, its members need to agree to carry out their obligations — and show that they have done so. THIS FRIDAY, Singapore celebrates its 48th National Day with the traditional parade and grumbling over songs. The day before, Singapore […]more…
Does ASEAN Exist? The Association of Southeast Asian Nations as an International Legal Person
[Singapore Year Book of International Law] The ASEAN Charter, which entered into force on 15 December 2008, asserts in Article 3 that ASEAN “as an inter-governmental organisation, is hereby conferred legal personality”. This essay examines the legal status of the Association, as well as the political question of whether the whole is greater than (or […]more…
