IIUM Law Journal最新文献_第5页

THE MADINAH CHARTER IN LIGHT OF A MODERN CONSTITUTION 依据现代宪法的麦地那宪章

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IIUM Law Journal Pub Date : 2022-07-07 DOI: 10.31436/iiumlj.v30i1.713

Badruzzaman Ishak, Shamrahayu Binti Ab Aziz

引用次数: 0

ENVIRONMENTAL PROTECTION AND THE BILATERAL INVESTMENT TREATIES OF MALAYSIA 马来西亚的环境保护和双边投资条约

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IIUM Law Journal Pub Date : 2022-07-07 DOI: 10.31436/iiumlj.v30i1.576

Mohammad Belayet Hossain, Asmah Laili Yeon, Ahmad Shamsul Abd Aziz

{"title":"ENVIRONMENTAL PROTECTION AND THE BILATERAL INVESTMENT TREATIES OF MALAYSIA","authors":"Mohammad Belayet Hossain, Asmah Laili Yeon, Ahmad Shamsul Abd Aziz","doi":"10.31436/iiumlj.v30i1.576","DOIUrl":"https://doi.org/10.31436/iiumlj.v30i1.576","url":null,"abstract":"Since the 1990s, globalisation has been a widely accepted concept all over the world. Among the original aims of economic globalisation were to improve the host states' economies and provide benefits to the foreign investors' home countries. Due to the absence of an international treaty in the host states, the Bilateral Investment Treaties (BITs) play a significant role in controlling or regulating the Foreign Direct Investments (FDIs). According to the United Nations Conference on Trade and Development (UNCTAD), different countries have signed 2896 BITs so far, in which, at present, 2361 BITs are in force. As a member of the World Trade Organisation (WTO) and following other states, Malaysia also signed 71 BITs to facilitate the trade, of which 54 are in force at present. Malaysian FDI laws and BITs mainly protect foreign investors. However, most BITs lack the specific provision for protecting the environment. This paper addresses two questions: (a) Do the Malaysian BITs allow the host state to take measures to protect the environment? (b) How could the environment be protected against degradation during the pre-entry stage of FDIs in Malaysia? In this study, the doctrinal research method has been used to critically analyse fifteen BITs, with the aim to find out whether they contain any specific provision regarding the protection of the environment in Malaysia. The findings of this study suggest that the existing Malaysian BITs have provisions to promote and protect foreign investments but have no reference (except the Malaysia-Germany BIT) to the protection of the environment. Therefore, this study recommends that the government of Malaysia should consider inserting a specific provision regarding the protection of the environment in Malaysia while signing any future BITs.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41907146","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

ANALYSIS ON THE TERMINATION OF FOREIGN PUBLIC-PRIVATE PARTNERSHIP BY THE GOVERNMENT 政府终止对外公私合作探析

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IIUM Law Journal Pub Date : 2022-04-12 DOI: 10.31436/iiumlj.v30is1.703

Faizal Kurniawan, Julienna Hartono, Xavier Nugraha, Annida Aqiila Putri

引用次数: 1

EXTENDING INDONESIAN GASTRODIPLOMACY:BLENDING GEOGRAPHICAL INDICATION (GI) AND "KOPI INDONESIA" 延伸印尼美食外交:地理标志(gi)与“印尼kopi”的融合

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IIUM Law Journal Pub Date : 2022-04-12 DOI: 10.31436/iiumlj.v30is1.699

Agus Trihartono, Suyatno Ladiqi

{"title":"EXTENDING INDONESIAN GASTRODIPLOMACY:BLENDING GEOGRAPHICAL INDICATION (GI) AND \"KOPI INDONESIA\"","authors":"Agus Trihartono, Suyatno Ladiqi","doi":"10.31436/iiumlj.v30is1.699","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is1.699","url":null,"abstract":"This paper explores how coffee can contribute to the development of Indonesian gastro-diplomacy. Specifically, it investigates whether 5 incorporating Geographical Indication (GI) and the \"Kopi Indonesia\" (Indonesian Coffee) logo can strengthen Indonesia's nation brand (Bhinneka Tunggal Ika or \"Unity in Diversity\"). One of the goals of gastro-diplomacy is using food commodities as symbols of a specific identity. Thus far, Indonesian coffee branding has emphasised local identity over national identity. This paper argues that the coffee GI represents the uniqueness of coffee from regions within Indonesia and reflects the country's diversity. At the same time, the \"Kopi Indonesia\" brand places all of these regional variants under the same umbrella to make coffee products from Indonesia more recognisable on the global market. Unlike previous studies, which view GI and the Kopi Indonesia brand as solely related to marketing and protection of intellectual property rights, this research shows that the unification of GIs and \"Kopi Indonesia\" has broader implications. Indonesia has utilised coffee as a tool of gastro-diplomacy, and the policies that the government has implemented around the coffee trade are tied to how the country wants to be perceived on the global stage.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42358424","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

POLICY, LEGAL AND REGULATION RESEARCH IN THE SHARING ECONOMY: A BIBLIOMETRIC ANALYSIS AND SYSTEMATIC LITERATURE REVIEW 共享经济中的政策、法律与监管研究&文献计量分析与系统文献综述

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IIUM Law Journal Pub Date : 2022-04-12 DOI: 10.31436/iiumlj.v30is1.697

N. Nawi, Azyyati Anuar, Nurul Mazrah Manshor, Rozita Abdul Latif

{"title":"POLICY, LEGAL AND REGULATION RESEARCH IN THE SHARING ECONOMY: A BIBLIOMETRIC ANALYSIS AND SYSTEMATIC LITERATURE REVIEW","authors":"N. Nawi, Azyyati Anuar, Nurul Mazrah Manshor, Rozita Abdul Latif","doi":"10.31436/iiumlj.v30is1.697","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is1.697","url":null,"abstract":"The sharing economy has changed the way we think about services, assets, and ownership. This phenomenon has shaped a new economic model which emphasises sharing over property ownership. Shared platforms such as Airbnb, Grab, and Uber are increasing in size and popularity exponentially, causing certain political and legal issues associated with such growth. In this regard, this paper aims to investigate the evolution of policy, legal and regulatory research in the sharing economy from the year 1995 to the year 2020 and focuses on new research topics in this field. To achieve this goal, the study utilised extensive bibliometric analysis to identify and analyse 343 articles published in SCOPUS indexed journals from 2004 to 2020. The result shows that research on the sharing economy has increased since 2000. However, the total number of publications in SCOPUS journal relating to policies and regulations still lags behind as compared to the publications in other disciplines. Most of the published research is in the form of concept papers and empirical research. Nevertheless, it is still inadequate. This study summarises the evolution of publications over time and outlines the interests of current research and the potential directions for future research, including addressing policy and organisational research issues in the sharing economy","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44295967","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

PROTECTING GIG WORKERS' INTERESTS IN MALAYSIA THROUGH REGISTERED ASSOCIATION UNDER SOCIETIES ACT 1966 根据1966年《社团法》通过注册协会保护马来西亚零工工人的利益

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IIUM Law Journal Pub Date : 2022-04-12 DOI: 10.31436/iiumlj.v30is1.702

Mohd Shahril Nizam Md Radzi, Asiah Bidin, Murshamshul Kamariah Musa, Noor ‘Ashikin Hamid

{"title":"PROTECTING GIG WORKERS' INTERESTS IN MALAYSIA THROUGH REGISTERED ASSOCIATION UNDER SOCIETIES ACT 1966","authors":"Mohd Shahril Nizam Md Radzi, Asiah Bidin, Murshamshul Kamariah Musa, Noor ‘Ashikin Hamid","doi":"10.31436/iiumlj.v30is1.702","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is1.702","url":null,"abstract":"The gig economy model has had a significant impact on global economic growth. Through contracts for services, job seekers or gig workers will have opportunities to work in many sectors with limited advantages and benefits. This gig economy model has posed challenges to employment and industrial relations due to the gig workers' status as independent contractors. In the absence of trade unions to speak on their behalf, the service providers may neglect and manipulate their rights and interests. This paper aims to explore the alternative body to protect the interest of the gig workers and to be the main stakeholders in the gig economy. This article uses doctrinal legal research to analyse the best platform for gig workers to unionise. This article analysed legal documents, namely legal provisions from various legislations and case law using the content analysis approach, and thereafter proposed the best legal structure to protect gig workers' rights to unionise. This article found that the registered society structured under the Societies Act 1966 is the most suitable platform which can play an important role similar to trade unions in its functions to represent gig workers' interest in Malaysia.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49572406","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

SUSTAINABLE CONSTRUCTION IN THE DIGITAL AGE: SPECIAL REFERENCE TO THEORIES OF SUSTAINABILITY AND SDGS IN GREEN BUILDING 数字时代的可持续建筑:绿色建筑中可持续发展和可持续发展目标理论的特别参考

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IIUM Law Journal Pub Date : 2022-04-12 DOI: 10.31436/iiumlj.v30is1.698

Khariyah Mat Yaman, Zuhairah Ariff Abd Ghadas

{"title":"SUSTAINABLE CONSTRUCTION IN THE DIGITAL AGE: SPECIAL REFERENCE TO THEORIES OF SUSTAINABILITY AND SDGS IN GREEN BUILDING","authors":"Khariyah Mat Yaman, Zuhairah Ariff Abd Ghadas","doi":"10.31436/iiumlj.v30is1.698","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is1.698","url":null,"abstract":"Most industries are on the edge of revolution owing to the rise of automation and disruptive technologies. Like other industries, the construction industry is also undergoing a substantial transformation due to digitalisation. Amidst the revolution, the nature of the construction industry in its practices and activities, coupled with the industry players’ paucity of environmental consciousness, has significantly contributed to the decline of ecosphere health. Finding a balance between rapid growth in the economy, widespread digital adoption, increase in population, and environmental threats is critical. At its core, sustainable construction processes adhere to the sustainable development philosophies as outlined by the World Commission on Environment and Development in the Brundtland Commission’s report, Our Common Future, published in 1987. This paper discusses the theoretical framework upon which sustainable construction practices and green building principles were conceptualised. The analysis of the heuristic approach to philosophical foundations demonstrated the critical nature of making correct policy decisions (on development) and its significant implications, particularly towards nature. Additionally, this paper examined and identified the construction industry's potential contributions to attain the global agenda of the 2030 Sustainable Development Goals. The findings in this article will assist policymakers in the construction industry in balancing between the interests of the stakeholders and the protection of the environment in the technological epoch.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41986557","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

RIGHTS OF UNDOCUMENTED MIGRANT CHILDREN TO EDUCATION UNDER THE MALAYSIAN LEGAL FRAMEWORK: TOWARDS A HUMAN RIGHT APPROACH 马来西亚法律框架下无证移民儿童的受教育权:走向人权途径

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IIUM Law Journal Pub Date : 2022-04-12 DOI: 10.31436/iiumlj.v30is1.705

Aminuddin Mustaffa, Cherifi Noura, Md. Mahbubul Haque, Nazli Ismail Nawang

{"title":"RIGHTS OF UNDOCUMENTED MIGRANT CHILDREN TO EDUCATION UNDER THE MALAYSIAN LEGAL FRAMEWORK: TOWARDS A HUMAN RIGHT APPROACH","authors":"Aminuddin Mustaffa, Cherifi Noura, Md. Mahbubul Haque, Nazli Ismail Nawang","doi":"10.31436/iiumlj.v30is1.705","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is1.705","url":null,"abstract":"Migration occurs for a variety of reasons, including political, economic, social, and environmental considerations. Migrants frequently bring members of their families to receiving countries in search of a new and better life. Like many other countries, Malaysia has long struggled with the issue of undocumented migrants, including children. One of the most critical issues concerning migrant children is the deprivation of their right to an education. This issue is a serious concern because education is regarded as a fundamental human right that can realize and fulfil various other rights. This paper aims to investigate Malaysian law concerning the right of undocumented migrant children to an education. It adopts qualitative research of doctrinal and comparative nature. It will comparatively analyse the existing Malaysian legal framework on the right of undocumented migrant children to education in light of international human rights standards established by international instruments. The article also attempts to identify the barriers that undocumented migrant children experience when trying to obtain an education. The paper concludes that the current Malaysian legal framework is incomprehensive and inadequate to guarantee the right to education of undocumented migrant children. As such, the paper provides recommendations towards the improvement of the existing laws and policies on this particular issue of concern. ","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2022-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43758411","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

ASSESSING THE HUMAN RIGHTS COMMITTEE’S GENERAL COMMENT NO. 37: IS THE INTERPRETATION SUFFICIENT TO PROTECT THE FREEDOM OF ASSEMBLY IN TIMES OF PUBLIC HEALTH EMERGENCY? 评估人权委员会第37号一般性意见：该解释是否足以在公共卫生紧急情况下保护集会自由？

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IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.599

Sonia Widya Febriana

引用次数: 0

RETIREMENT BENEFIT IN MALAYSIA: UNDERSTANDING THE LEGAL FRAMEWORK AND ITS CHALLENGES TO THE MIGRANT WORKERS 马来西亚的退休福利：理解法律框架及其对移民工人的挑战

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IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.573

Noor Shuhadawati Binti Mohamad Amin, Ashgar Ali Ali Mohamed, Areej Torla

{"title":"RETIREMENT BENEFIT IN MALAYSIA: UNDERSTANDING THE LEGAL FRAMEWORK AND ITS CHALLENGES TO THE MIGRANT WORKERS","authors":"Noor Shuhadawati Binti Mohamad Amin, Ashgar Ali Ali Mohamed, Areej Torla","doi":"10.31436/iiumlj.v29i2.573","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.573","url":null,"abstract":"The retirement benefits scheme is one of the social security protections accorded to employees around the world. In Malaysia, the retirement benefits scheme is in the form of the contribution made by both employer and employee at a specified rate based on the employee’s monthly wages and such contribution will be credited into the employee’s fund. An employee is allowed to withdraw money from the fund when he or she reaches retirement age. The doctrinal study found that the retirement benefits scheme in Malaysia differs greatly between the local employees and migrant workers. Although migrant workers are allowed to contribute to the retirement benefits scheme known as Employees Provident Fund, their contribution is voluntary, and not done compulsorily. The contribution of the employer is capped at only RM5 per month, which is very low. It is exacerbated by the fact that the contribution in the fund is not transferable as the Employees Provident Fund Act does not provide any provision to transfer the retirement benefit to another scheme in another country. It is hoped that these challenges faced by migrant workers will be given due consideration by the government to allow the migrant workers to have adequate social security protection by reforming the current retirement benefit statute or introducing a new retirement benefit statute that only protects the migrant workers.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42138159","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