IIUM Law Journal最新文献_第10页

SUSTAINABLE E-WASTE MANAGEMENT IN MALAYSIA: LESSONS FROM SELECTED COUNTRIES 马来西亚的可持续电子垃圾管理：一些国家的经验教训

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IIUM Law Journal Pub Date : 2020-12-28 DOI: 10.31436/iiumlj.v28i2.517

Khalid Mehmood Shad, Yen Ling Tan, M. Karim

{"title":"SUSTAINABLE E-WASTE MANAGEMENT IN MALAYSIA: LESSONS FROM SELECTED COUNTRIES","authors":"Khalid Mehmood Shad, Yen Ling Tan, M. Karim","doi":"10.31436/iiumlj.v28i2.517","DOIUrl":"https://doi.org/10.31436/iiumlj.v28i2.517","url":null,"abstract":"The seriousness of electrical and electronic equipment waste (E-waste/WEEE) problem is currently haunting both developed and developing nations around the world. WEEE in layman’s term can be defined as discarded components of electrical and electronic equipment that have no reuse value. Improper disposal of WEEE can bring about catastrophic effects to mankind and the environment. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1992 categorises WEEE as hazardous waste due to the presence of toxic materials. Currently, the production of WEEE is expanding at a significant rate and is expected to touch 52.2 million Mt tonnes globally by 2021. The nations around the world have taken initiatives such as introducing new laws, regulations and policies. Malaysia is also similarly affected by the increasing volume of WEEE and it has been reported that its WEEE would reach an aggregate of 762.507 million units by 2020. In response, the Malaysian government has drafted a new regulation, the Environmental Quality (Household Scheduled Waste) Regulation, which is currently under review by the Attorney General’s Chambers. Using the library-based research methodology, this legal research aims to provide a comprehensive overview of WEEE management from a global as well as the Malaysian perspective. A brief discussion on the classification of e-waste and analysis of key initiatives taken worldwide is provided and examined. The article concludes with a recommendation for the necessary actions that can be adopted to enhance best WEEE management practices in Malaysia, to ensure the threat imposed by WEEE on mankind and the environment is curtailed.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45219976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW? 《1976年法律改革（婚姻和离婚）法》2017年修正案：马来西亚家庭法发展的里程碑还是一箭之遥？

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IIUM Law Journal Pub Date : 2020-12-28 DOI: 10.31436/iiumlj.v28i2.604

S. Thambapillay

{"title":"THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?","authors":"S. Thambapillay","doi":"10.31436/iiumlj.v28i2.604","DOIUrl":"https://doi.org/10.31436/iiumlj.v28i2.604","url":null,"abstract":"The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48872649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

DETERMINATION OF A CHILD’S HABITUAL RESIDENCE IN INTERNATIONAL CHILD ABDUCTION CASES: CHARTING THE WAY TOWARDS HARMONIZATION 确定国际儿童诱拐案件中儿童的惯常居住地:绘制迈向协调的道路

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IIUM Law Journal Pub Date : 2020-12-28 DOI: 10.31436/iiumlj.v28i2.575

A. Hamid

{"title":"DETERMINATION OF A CHILD’S HABITUAL RESIDENCE IN INTERNATIONAL CHILD ABDUCTION CASES: CHARTING THE WAY TOWARDS HARMONIZATION","authors":"A. Hamid","doi":"10.31436/iiumlj.v28i2.575","DOIUrl":"https://doi.org/10.31436/iiumlj.v28i2.575","url":null,"abstract":"The 1980 Child Abduction Convention is aimed at addressing the increasingly disturbing problem of trans-border parental child abduction, its key mechanism being to promptly return an abducted child to his or her country of ‘habitual residence.’ In essence, habitual residence is established as the chosen personal connecting factor in international child abduction cases. However, in view of the failure of the Convention to define the term, it has become the responsibility of the courts around the world to improvise their own standards for the determination. The objectives of the present paper, therefore, are to assess the deplorable situation of fragmented approaches and standards used by the courts in determining habitual residence of a child and to explore the recent developments in judicial pronouncements in order to be able to demonstrate the changing trend in the jurisprudence of the courts. To achieve these, the paper looks into and appraises the decisions of the courts of the United States of America, Canada, the European Union, the United Kingdom and other common law countries. The paper concludes that the changing trend is clearly discernible and a number of courts of States parties are increasingly applying a hybrid or combined approach rather than various subjective and one-sided approaches and thus moving towards the achievement of harmonization in the determination of a child’s habitual residence, the underlying principle of the Convention.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"481-501"},"PeriodicalIF":0.2,"publicationDate":"2020-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46466503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Tech in Legal Service: Challenging the Traditional Legal Landscape in Malaysia 法律服务中的法律技术:挑战马来西亚传统法律景观

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IIUM Law Journal Pub Date : 2020-10-28 DOI: 10.31436/IIUMLJ.V28I(S1).586

Juriah binti Abdul Jalil, Shukriah Mohd Sheriff

{"title":"Legal Tech in Legal Service: Challenging the Traditional Legal Landscape in Malaysia","authors":"Juriah binti Abdul Jalil, Shukriah Mohd Sheriff","doi":"10.31436/IIUMLJ.V28I(S1).586","DOIUrl":"https://doi.org/10.31436/IIUMLJ.V28I(S1).586","url":null,"abstract":"Digital technologies are now extending its function to the legal profession. But the existence of these technologies otherwise known as legal tech or law tech is challenging the traditional legal profession. The nature of legal practice regulation in Malaysia and the United Kingdom (UK) permits only lawyers and authorised persons as legal service providers. As a result, the legal tech or law tech companies although able to facilitate the service in the legal profession are met with resistance and/or indifference. Should the traditional legal profession fear the invasion of this legal tech? This article aims to analyse the situation in Malaysia and the UK. It examines the impact of technology on legal service and legal profession in Malaysia and in the UK. The article also highlights the implication of this legal technology on the laws governing the legal profession in Malaysia. Through analyses of key Malaysian cases, the study finds that the Bar Council has the power to halt the operation of legal tech companies in providing any legal service in this country.As a result, the Bar has been criticised for being a hindrance to the development of legal tech in Malaysia. In contrast, the UK and the United States of America (US) have been very receptive to legal technology despite the exclusivity in the legal profession.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"279-301"},"PeriodicalIF":0.2,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48818505","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Cyberbullying Among Children: A Cross Jurisdictional Perspective 儿童网络欺凌:一个跨司法管辖区的视角

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IIUM Law Journal Pub Date : 2020-10-28 DOI: 10.31436/IIUMLJ.V28I(S1).588

Norjihan Ab Aziz, Noor Shuhadawati Mohamad Amin

{"title":"Cyberbullying Among Children: A Cross Jurisdictional Perspective","authors":"Norjihan Ab Aziz, Noor Shuhadawati Mohamad Amin","doi":"10.31436/IIUMLJ.V28I(S1).588","DOIUrl":"https://doi.org/10.31436/IIUMLJ.V28I(S1).588","url":null,"abstract":"The offence of cyberbullying is becoming prevalent in the digital era. This involves embarrassing pictures of the victims, negative comments on social media, and the internet with the intent to harass or shame the victims. In Malaysia, cyberbullying is governed by the Communication and Multimedia Act 1998 and the Penal Code. However, if the perpetrator is a child, the Child Act 2001 governs the criminal process and the disposition of the case, which is punitive in nature. The United Nations encourages state parties to apply restorative justice to deal with cyberbullying. New Zealand has implemented a family group conference to resolve criminal offences committed by children, which includes cyberbullying. The objective of this article is to examine the nature of cyberbullying among children. This article also analyses the process under the United Nations Convention on the Rights of the Child, New Zealand law, and Malaysian law on cyberbullying among children. It is recommended that the Child Act 2001 is amended by allowing children who are involved in cyberbullying to resolve the case through a family group conference as a process of restorative justice, which is recommended by the United Nations. The significance of this research is that it works towards the betterment of children’s needs and welfare in Malaysia. This research adopts a qualitative methodology that mainly focuses on doctrinal research where the sources include, among others, statutes, journal articles, and books.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"325-349"},"PeriodicalIF":0.2,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42923306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Enhancing Regulation of Nutraceutical Products in Malaysia: Lessons from Japan 加强马来西亚对营养保健品的监管:日本的教训

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IIUM Law Journal Pub Date : 2020-10-28 DOI: 10.31436/IIUMLJ.V28I(S1).589

S. Ismail, Mahyuddin Daud, I. Azmi, Juriah Abd. Jalil

{"title":"Enhancing Regulation of Nutraceutical Products in Malaysia: Lessons from Japan","authors":"S. Ismail, Mahyuddin Daud, I. Azmi, Juriah Abd. Jalil","doi":"10.31436/IIUMLJ.V28I(S1).589","DOIUrl":"https://doi.org/10.31436/IIUMLJ.V28I(S1).589","url":null,"abstract":"The phenomenal commercial success of many nutraceutical products, dietary and health supplements indicate increasing levels of consumer acceptance to the usage of health supplements in Malaysia. As much as these products are consumed for health purposes, lack of effective control by drug authority leaves much to be desired. Legal issues such as marketing approval, product liability, safety, advertising, trade description (nutrition labelling & health claims) would undoubtedly emerge as direct implications from widespread sales and consumption of such products. Consumers' health and safety are at risk where nutraceuticals can easily penetrate into the market without any need of undergoing clinical studies, as opposed to pharmaceuticals. This article was written based on research that has identified several causal factors to the above-mentioned issues. First, nutraceuticals are loosely classified as in between food and drugs. Due to the loose classification scheme, manufacturers tend to opt that their products be classified as food to escape strict clinical evaluations. This leads to the issue of misleading health claims made on its labels and advertisements. The article examines regulation of nutraceuticals in Malaysia and identifies significant issues therein. Comparative analysis with Japanese nutraceutical regulations was made to learn how Japanese classifies its nutraceuticals under specific categories known as ‘Food for Specified Health Uses (FOSHU)’. Products bearing the FOSHU logo went through strict clinical tests and are allowed to make health claims on their labels – and were proven effective and safe for consumption as claimed. The article made several recommendations for the establishment of a legal framework to regulate nutraceutical products in Malaysia.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"351-372"},"PeriodicalIF":0.2,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49163731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Ensuring Safe Cyberspace for Children: An Analysis of The Legal Implications of Social Media Usage in Malaysia and Singapore 确保儿童安全的网络空间：马来西亚和新加坡社交媒体使用的法律意义分析

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IIUM Law Journal Pub Date : 2020-10-28 DOI: 10.31436/IIUMLJ.V28I(S1).591

Md. Zahidul Islam, Sonny Zulhuda, N. Afandi, Mohamed Affan Shafy

{"title":"Ensuring Safe Cyberspace for Children: An Analysis of The Legal Implications of Social Media Usage in Malaysia and Singapore","authors":"Md. Zahidul Islam, Sonny Zulhuda, N. Afandi, Mohamed Affan Shafy","doi":"10.31436/IIUMLJ.V28I(S1).591","DOIUrl":"https://doi.org/10.31436/IIUMLJ.V28I(S1).591","url":null,"abstract":"Easy accessibility of electronic devices connected to the internet and the widespread usage of the internet in every aspect of modern lives have made the use of social media an indispensable part of society. These technologically driven and completely-internet dependence means of living have brought detrimental implications as much as they have benefited lives. Each day more and more children are introduced to the internet and its benefits, either at home as a means of entertainment, or at school as a means of education. However, these opportunities provide avenues for the children to explore the ever-expanding vastness of the internet, leading to exposure of indecent materials, and accessing and participating in websites not meant for the usage by underage children. The glorification of social media websites through targeted advertisements and peer pressure adds to the already worsening crises of social media abuse through unlawful means. This article examines the protective measures taken by the authorities in Malaysia and Singapore to protect children in these two countries from the internet and social media related issues. The data is acquired doctrinally from library sources and the finding of this article could be extended to other areas of protecting young children from the harms of the internet.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46005669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

E-Hailing Services: Antitrust Implications of Uber and Grab`s Merger in Southeast Asia 电子叫车服务:优步和Grab在东南亚合并的反垄断影响

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IIUM Law Journal Pub Date : 2020-10-28 DOI: 10.31436/IIUMLJ.V28I(S1).590

Nasarudin Bin Abdul Rahman, Mushera Bibi Ambaras Khan, I. Azmi, M. Zakaria

{"title":"E-Hailing Services: Antitrust Implications of Uber and Grab`s Merger in Southeast Asia","authors":"Nasarudin Bin Abdul Rahman, Mushera Bibi Ambaras Khan, I. Azmi, M. Zakaria","doi":"10.31436/IIUMLJ.V28I(S1).590","DOIUrl":"https://doi.org/10.31436/IIUMLJ.V28I(S1).590","url":null,"abstract":"Uber-Grab’s merger had attracted antitrust scrutiny by competition authorities in Southeast-Asia. The merger between the two had created a large giant company that provides various services through a platform such as ridesharing and food delivery services. According to the deal, Grab will take over Uber’s assets (ridesharing and food delivery service), and in return, Uber will take a 27.5 percent stake in Grab. Although Grab claimed that the merger would create a cost-efficient platform in Southeast Asia and put it in a better position to serve consumers, there was a genuine concern that the merger will reduce competition in the market and provide incentives to Grab to engage in anti-competitive behaviour such as increasing the price of its services. This article aims to analyse how different countries in Southeast Asia responded to the Uber-Grab’s merger and measures taken to address competitive concerns ex-ante and ex-post-merger. Unlike other competition jurisdictions in Southeast-Asia, the Malaysia Competition Act 2010 contains no merger control provision, which empowers the Malaysian competition authority to block any merger that has the effect of substantially lessening competition. The studies on how other countries evaluated the Uber-Grab merger could assist Malaysia’s competition authority to regulate the future behaviour of the big digital platform in the Malaysian market. This article was written based on research that relies on both primary and secondary sources. Primary sources include statutory provisions on competition, decision, proposed decision, interim measures, and others. while secondary sources include journal articles, news, internet resources, and others. The article also adopts a comparative approach in order to analyse the approaches and measures taken by the various merger control regimes in Southeast Asia in dealing with the Uber-Grab’s merger.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"373-394"},"PeriodicalIF":0.2,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46925271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

FISCAL ADVANTAGE OF WAQF AND THE RULE OF TAX EXEMPTION FOR CHARITABLE PURPOSES UNDER THE INCOME TAX ACT 1967 宗教基金的财政优势与1967年《所得税法》下的慈善免税规则

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IIUM Law Journal Pub Date : 2020-06-30 DOI: 10.31436/iiumlj.v28i1.501

Nur Yuhanis Ismon, Mohsin Hingun

{"title":"FISCAL ADVANTAGE OF WAQF AND THE RULE OF TAX EXEMPTION FOR CHARITABLE PURPOSES UNDER THE INCOME TAX ACT 1967","authors":"Nur Yuhanis Ismon, Mohsin Hingun","doi":"10.31436/iiumlj.v28i1.501","DOIUrl":"https://doi.org/10.31436/iiumlj.v28i1.501","url":null,"abstract":"This study explores the principle of waqf in the context of current tax policies governing waqf properties. In Islamic law, waqf is defined as charity whereby the donor endows the property in the name of Allah SWT for the benefit of the public at large. However, for tax exemption purposes, there is no specific provision in the Income Tax Act 1967 (ITA). Waqf is under the State List in the Federal Constitution and it comes under the jurisdiction of state governments. Currently, there is a misunderstanding about tax deduction in Section 44(6) and Section 44(11C) of ITA that includes waqf as a gift and gets the same tax treatment. Nevertheless, there are strong justifications which state that waqf does not fall within the scope of Section 44(6). The study will analyse the status of waqf institutions which are eligible for tax deduction and the reason why waqf does not fall within the scope of donation under section 44(6) of the ITA. The methodology used in this study is doctrinal legal research whereby the analysis focuses on the legal principle of waqf in Islamic law and the rule of tax exemption under the ITA. As a result, the study found that there is inconsistency in implementing waqf for tax rebate purposes. The recommendation of this study is that a comprehensive waqf guideline should be introduced to ensure consistent development of waqf to enhance the public interest. ","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"253-276"},"PeriodicalIF":0.2,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49330467","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

FINTECH REGULATORY SANDBOXES IN AUSTRALIA AND MALAYSIA: A LEGAL ANALYSIS 澳大利亚和马来西亚的金融科技监管沙盒:法律分析

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IIUM Law Journal Pub Date : 2020-06-30 DOI: 10.31436/iiumlj.v28i1.475

M. Khalid, S. Kunhibava

{"title":"FINTECH REGULATORY SANDBOXES IN AUSTRALIA AND MALAYSIA: A LEGAL ANALYSIS","authors":"M. Khalid, S. Kunhibava","doi":"10.31436/iiumlj.v28i1.475","DOIUrl":"https://doi.org/10.31436/iiumlj.v28i1.475","url":null,"abstract":"With the era of digitalization, regulatory sandboxes have been the trend adopted by most financial regulators around the world in regulating financial technology (fintech). Regulatory sandboxes act as a pilot programme to regulate fintech services and products with several legal exemptions given to the service providers within established parameters. In 2016, the Australian Securities and Investments Commission and the Malaysian Central Bank followed the United Kingdom’s Financial Conduct Authority (FCA) to introduce regulatory sandboxes within their legal framework. To date, previous literature has only provided a minimal analytical overview of the Malaysian and Australian regulatory sandbox. Hence, this article aims to fill that gap in literature. The methodology used for this study is both doctrinal and comparative legal analysis. The main objective of this study is to analyse the key characteristics of fintech regulatory sandboxes by comparing the Australian and Malaysian regulatory structures of these sandboxes. Due to nascent nature of Malaysian and Australian fintech regulations, this contributes to the growing knowledge in the financial regulation literature. Moreover, the findings on the operation of the regulatory sandboxes in both jurisdictions is expected to bring practical value for further research.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":"28 1","pages":"1-35"},"PeriodicalIF":0.2,"publicationDate":"2020-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44266616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2