Public International Law Singapore

5.4.8 First of all, the question was raised as to whether the death penalty by hanging falls within the scope of international law prohibiting torture and cruel, inhuman or degrading treatment or punishment. In the Yong Vui Kong case, the Singapore Court of Appeal stressed that an international prohibition of the death penalty under the Drug Abuse Act (Cap. 185) must first be proved. The Court of Appeal held that, although a majority of States do not impose the mandatory death penalty, it is not sufficient to meet the “complete and practically uniform” standard of State practice necessary for the establishment of a customary international standard. One. Difficulties in obtaining reliable evidence of international law E. Evidence of international law differs from evidence of foreign law 5.4.22 First, international jurists have long recognized that national judges have serious difficulties in finding reliable evidence of what international law is at any given time in the absence of formal evidence and expert witnesses. This is usually due to the variety and heaviness of the evidence for state practice, and even the confidentiality of much evidence that can be considered relevant. Nevertheless, Singapore courts have sometimes allowed parties to provide expert advice on international law. In the case of Lee Hsien Loong v.

Review Publishing Co Ltd [2007] 2 SLR(R) 453, three sets of expert opinions were submitted, all based on principles of international law, in order to answer the question of whether a bilateral treaty between Singapore and China extended to Hong Kong and, therefore, the manner in which the pleadings were served, which were applied on behalf of the defendant, with which Hong Kong law was compatible. In reviewing these reports, the High Court (p. 492) concluded that it is “trivial to find that, where there is conflicting expert testimony, it is entirely within the court`s power to decide what position, if any, to take, taking into account what is most appropriate for logic and common sense.” Similarly, in Sanum Investments Ltd v. Government of the Lao People`s Democratic Republic [2016] 5 SLR 536 (in case 557), the Court of Appeal concluded that the “mobile contractual boundary” rule was part of customary international law and noted that there was consensus among all experts on this point. (2) A rule of international law remains subject to the hierarchy of national sources of law 5.5.2 With Singapore`s regular use of international law in its official statements, a marked increase in treaty enforcement legislation and Singapore`s active participation in the international legislative process, the interpretation and application of international law by Singapore`s courts show the considerable extent of the regulation of international law. receipt. 5.4.2 Nevertheless, such a reception of international law would continue to be subject to the hierarchy of national sources of law. In other words, a rule of international law incorporated into Singaporean law by the common law continues to be subject to the opposing requirements of Singaporean law and constitution. This explains the majority of cases where it has been said that domestic law would prevail in the event of a conflict with an incompatible rule of international law. 5.4.14 It has already been pointed out that the courts of Singapore have had the opportunity to draw attention to situations of conflict between international law and Singaporean law; see point 5.4.2 above. 5.4.12 Occasionally, the courts of Singapore have also taken into account and applied the writings of publicists.

In any case, the opinions of these publicists are carefully considered, even if they must ultimately be distinguished from the facts of the case. Such writings, especially those of the most qualified publicists, should therefore be considered to be of some persuasion in the courts of Singapore, as well as in foreign (especially English) decisions concerning questions of international law and decisions of international courts or tribunals. 5.3.4 Similarly, a parliamentary decree converting contract law into Singaporean law may extend the scope of the terms of the contract, provided that this is not contrary to the obligations imposed by the contract itself. As long as the requirements of the contract are met, there is no problem, but even if the requirements of the contract are not met, so that the decree conflicts with the contract, domestic law prevails as long as the terms of domestic law are clear….