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Tay graduated with a LL.B (Honours) degree from the National University of Singapore (NUS) in 1986. During his time as an undergraduate, Tay served as the President of the NUS Students' Union for three terms. In 1993, Tay went on to pursue an LL.M. from Harvard University as a Fulbright Scholar. There, he won the Laylin Prize in 1994 for the best graduate paper in Public International Law.

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