IIUM Law Journal最新文献_第6页

FREEDOM OF MISINFORMATION AND THE RELEVANCE OF CO-REGULATION IN MALAYSIA: A CROSS-JURISDICTIONAL ANALYSIS 马来西亚错误信息自由与共同监管的相关性：跨司法管辖区分析

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.539

Mahyuddin Daud

{"title":"FREEDOM OF MISINFORMATION AND THE RELEVANCE OF CO-REGULATION IN MALAYSIA: A CROSS-JURISDICTIONAL ANALYSIS","authors":"Mahyuddin Daud","doi":"10.31436/iiumlj.v29i2.539","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.539","url":null,"abstract":"The spread of fake news on COVID-19 is causing public unrest and suspicion among citizens which is a challenge for countries facing the pandemic. The misinformation or disinformation which stems from uncertainties, unrest, and anxiety because of movement control order procedures, financial and economic hardship caused wrong information to spread like fire. Often referred to as ‘info-demic’, it becomes a second source of virulent information that requires arresting just like the pandemic itself. Controlling fake news in a pandemic is a daunting problem that slaps Internet regulation on its face. On the Internet, lies spread faster than the truth, and correcting this misinformation is a tonne of work. In this paper, we examine Internet self- and co-regulatory approaches in selected jurisdictions to reduce the impact of fake news on governments, industry, and private actors. Through a qualitative method and doctrinal content analysis, this article examines the various approaches adopted in arresting fake news. In the first section, we analysed specific legislation enacted by parliaments that criminalised the acts of disseminating and publishing fake news. In the second section, we found efforts to impose civil and criminal liability on platform providers to monitor online content. In the final section, we analysed self- and co-regulatory efforts to introduce online fact-checking portals and awareness campaigns. This research argues that the Internet self-regulation system in Malaysia is not bringing the desired result i.e., maintaining peace and security of the nation. Considering the impact of dangerous misinformation on society, more so in a global emergency like the present COVID-19 pandemic, it is submitted that co-regulation is more suitable if the social, moral, and cultural fabric of the society is to be maintained.","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":"47048009","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

PATENTS AND GENETIC ENGINEERING TECHNOLOGIES: A REVIEW OF JUDICIAL DECISIONS 专利与基因工程技术：司法判决综述

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.568

Sharifa Sayma Rahman

{"title":"PATENTS AND GENETIC ENGINEERING TECHNOLOGIES: A REVIEW OF JUDICIAL DECISIONS","authors":"Sharifa Sayma Rahman","doi":"10.31436/iiumlj.v29i2.568","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.568","url":null,"abstract":"Different classes of people have raised moral objections on a number of times against granting patents on living organisms. There has been a recent focus on patents partly because the corporate world is only concerned with economic returns and the market prospect of a genetic product. The purpose of this article is to revisit the debate on the patent of genetic engineering technologies and provide partial recommendations on rationalising patent protection while mitigating moral arguments. This article re-examines the intellectual property frameworks as well as case laws regarding biological materials in selected countries i.e., Europe, the United States of America, Australia, Malaysia, and under international agreements such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This article is based on primary as well as secondary materials that have been written on the patent of life forms and genetic research. There is an inconsistency between philosophical principles and the implementation of biotechnology patents due to the existing economic, political, and ideological conditions among countries, along with existing divergences in the field of genetically engineered technologies. Hence, during such circumstances, the most coherent position is to proceed with vigilance as it is not possible to shut down bio-industrialisation. One such vigilant pathway in the presence of contemporary evidence to minimise commercialisation of life science creations. Patents of genetically engineered products should be strictly monitored to fulfil commitment towards international human rights, which is to provide reasonably priced healthcare and medical treatment.","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":"48354766","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

SUPERIOR RESPONSIBILITY UNDER THE ROME STATUTE AND ITS APPLICABILITY TO CONSTITUTIONAL MONARCHY: AN APPRAISAL 《罗马规约》下的上级责任及其对君主立宪制的适用性:评析

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.670

A. Hamid, M. H. Mohd Kamal, Muhannad Munir Lallmahamood, Areej Torla

{"title":"SUPERIOR RESPONSIBILITY UNDER THE ROME STATUTE AND ITS APPLICABILITY TO CONSTITUTIONAL MONARCHY: AN APPRAISAL","authors":"A. Hamid, M. H. Mohd Kamal, Muhannad Munir Lallmahamood, Areej Torla","doi":"10.31436/iiumlj.v29i2.670","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.670","url":null,"abstract":"The doctrine of superior responsibility has been embedded in Article 28 of the Rome Statute of the International Criminal Court, which enunciates the responsibility of both military commanders and civilian superiors. Although constitutional monarchs are civilians entrusted with the position of commanders in chief, there are States that opposed accession to the Rome Statute on the simple ground that their respective monarchs could be indicted and punished under the Rome Statute. The main objective of this paper, therefore, is to examine whether constitutional monarchs could be responsible under the doctrine of superior responsibility. The paper focuses on the analysis of the elements of superior responsibility by referring to the authoritative commentaries of Article 28 and constitutional practices of three selected constitutional monarchies: the United Kingdom, Japan, and Malaysia. The paper finds that constitutional monarchs could not be held responsible because they have to act on the advice of the government and do not possess the effective and operational control over the armed forces as required under the Rome statute.","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":"45870408","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

‘ISOLATED IN OUR OWN NEIGHBOURHOOD’: ANALYSIS ON THE PROPOSAL TO REGULATE PEER-TO-PEER ACCOMMODATION SERVICES IN MALAYSIA “孤立在我们自己的社区”:对马来西亚监管点对点住宿服务提案的分析

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.647

Mahyuddin Daud, Norlaili Mat Isa

{"title":"‘ISOLATED IN OUR OWN NEIGHBOURHOOD’: ANALYSIS ON THE PROPOSAL TO REGULATE PEER-TO-PEER ACCOMMODATION SERVICES IN MALAYSIA","authors":"Mahyuddin Daud, Norlaili Mat Isa","doi":"10.31436/iiumlj.v29i2.647","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.647","url":null,"abstract":"Peer-to-Peer Accommodation services (P2PA) are mushrooming worldwide due to the expansion of digital services and Internet access. Since P2PA services operate fully online, small establishments utilise disruptive technology and surpass traditional hoteliers by surprise. In the first part of this article, we examine the problems caused by P2PA for ‘playing on an uneven field’, avoiding necessary taxes, skipping regulatory and safety requirements, and causing loss of tranquillity to the neighbourhood. Due to these problems, a proposal was moved by the government to regulate P2PA in Malaysia via a self-regulatory guideline, as analysed in the second part of the article. However, due to its non-binding status, the proposal will arguably lead to irregularities in regulatory mechanisms at the state level when enforced. P2PA hosts were asked to comply with regulatory requirements similar to hoteliers, but the platform providers have arguably avoided any P2PA related liability nor responsibility as they operate offshore. Applying qualitative research methods via content analysis and semi-structured interviews, the article concludes by proposing a legal framework to regulate the P2PA platform providers, including hosts and agents, which is deemed timely and necessary for Malaysia to safeguard the interests of both tourists and stakeholders.","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":"41500180","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

CLAIMS FOR PSYCHIATRIC INJURY IN THE WORKPLACE: AN ANALYSIS UNDER THE LAW OF NEGLIGENCE AND THE ISLAMIC PERSPECTIVE 工作场所精神伤害的索赔:基于过失法和伊斯兰观点的分析

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.579

Mushera Bibi Ambaras Khan, Farheen Baig Sardar Baig, Haniza Rais

{"title":"CLAIMS FOR PSYCHIATRIC INJURY IN THE WORKPLACE: AN ANALYSIS UNDER THE LAW OF NEGLIGENCE AND THE ISLAMIC PERSPECTIVE","authors":"Mushera Bibi Ambaras Khan, Farheen Baig Sardar Baig, Haniza Rais","doi":"10.31436/iiumlj.v29i2.579","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.579","url":null,"abstract":"In recent years, claims for damages for deliberately or negligently inflicted psychiatric illness have succeeded against employers in jurisdictions outside Malaysia. In the case of Mount Isa Mines v Pusey, the court decided that an employer’s duty of care towards the employees is not limited to cases of physical injury but also extended to cases of psychiatric injury. In order to claim damages for psychiatric injury, the law of torts requires the plaintiff to prove two elements: namely, reasonable foreseeability and proximity. This paper examines on the two elements as required under the law in the context of psychiatric illness in the workplace. The paper analyses cases from the UK, Malaysia and Australia, elaborating on how an employee can successfully bring an action against his/her employer for his/her psychiatric illness suffered at the workplace. The author employs doctrinal analysis from primary and secondary legal sources in arriving at the solutions to the above problem. This paper will significantly contribute to the existing literature by discussing the challenges faced by an employee in proving the conditions required by the law and its solutions to ensure that employee who suffered psychiatric illness or injury in the workplace has a redress under the law of negligence. This paper also considers the scenario from an Islamic perspective in order to shed light on the seriousness of the welfare of employee guaranteed by the religion. Having shown how divine revelation makes it incumbent on an employer to honour and respect his worker, and treat him in kindness, it will be further shown how two Court of Appeal decisions have paved the way to find employers negligent for causing distress to their employees’ mental health. This paper, thus illustrates yet another fine example of harmonisation between the two systems of law, that can come together to achieve the same end.","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":"46385881","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

ROYAL WAQF IN PERAK: A LEGAL AND HISTORICAL ANALYSIS 霹雳的皇家waqf:法律和历史分析

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.629

Salehuddin Md. Dahlan, Nor Asiah Mohamad, Nuarrual Hilal Md Dahlan

{"title":"ROYAL WAQF IN PERAK: A LEGAL AND HISTORICAL ANALYSIS","authors":"Salehuddin Md. Dahlan, Nor Asiah Mohamad, Nuarrual Hilal Md Dahlan","doi":"10.31436/iiumlj.v29i2.629","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.629","url":null,"abstract":"This paper analyses the legal and historical development of waqf made by Sultan Idris Murshidul' adzam Shah in Perak (1849 to 1916). There are many untraceable, lost, and perished waqfs in Malaysia. However, Sultan Idris’s waqf is an exception which still exists since its establishment in 1917. As such, this research intends to explore its sustainability factors. The research methodology used is the doctrinal and non-doctrinal research methods. The doctrinal method is used to analyse the enactments, government gazettes, audit reports, journal articles, and history books. Meanwhile, the non-doctrinal legal method, namely semi-structured interview, clarifies findings and information gathered from various documents. The research is essential as there is a lack of comprehensive research done on waqf made by the Sultans or the Head of State in Malaysia. The researcher finds that the waqf was an established under written legal instrument; the waqf by Sultan Idris was made based on the English law of trust, but the spirit and principles of waqf to permanently benefit the beneficiaries remain intact; the appointment of the Sultan's descendants as the trustees alongside a committee proved to be crucial for the sustainability of the waqf; and there was check and balance process through legal provision. This research provides a clearer picture of waqf practice before the establishment of Perak's State Islamic Religious Council and evidenced the Sultan's contribution towards developing and protecting Islam.","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":"45193573","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 PRISONERS UNDER THE INTERNATIONAL HUMANITARIAN LAW: A CASE STUDY OF THE PALESTINIAN PRISONERS IN ISRAELI PRISON 国际人道主义法规定的囚犯权利:以色列监狱中的巴勒斯坦囚犯个案研究

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.565

Hamza Salman, Noor Shuhadawati Binti Mohamad Amin

{"title":"RIGHTS OF PRISONERS UNDER THE INTERNATIONAL HUMANITARIAN LAW: A CASE STUDY OF THE PALESTINIAN PRISONERS IN ISRAELI PRISON","authors":"Hamza Salman, Noor Shuhadawati Binti Mohamad Amin","doi":"10.31436/iiumlj.v29i2.565","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.565","url":null,"abstract":"The Israeli occupation of Palestine has triggered several forms of Palestinian resistance, resulting in the detainment of Palestinians through Israel systematic policies which destroy the will of the Palestinians. This has made the issue of prisoners one of the most important concerns that the Palestinians continue to endure in their daily lives. Therefore, this study aims to clarify the role of international humanitarian law (IHL) in protecting prisoners. It also discusses the rights granted to prisoners by international treaties and conventions and Israel’s application of the rules of IHL to Palestinian prisoners. This research is based on doctrinal and qualitative methods using the sources of IHL about prisoners’ rights. This study also discusses the violations committed by the Israeli occupation against Palestinian prisoners, which are the inhuman treatment they are subjected to, and the passage of a group of laws that violate the rights of Palestinian prisoners. The study concludes that Israel denies Palestinians the rights as prisoners of war, describing them as illegal combatants, and claims that the convention does not apply to the occupied Palestinian territories although IHL under the Geneva Convention includes members of the resistance and organised armed forces. As a result, prisoners from the Palestinian resistance can be considered prisoners of war.","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":"42768235","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

THE SHARI’AH LEGAL PROFESSION IN THE PHILIPPINES: THE STATUS QUO AND CUES OF ITS FUTURE 菲律宾伊斯兰教法法律界的现状及其未来启示

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.563

Norhabib Bin Suod Sumndad Barodi

引用次数: 0

FROM NUCLEAR NON-PROLIFERATION TREATY (NPT) TO THE TREATY ON PROHIBITION OF NUCLEAR WEAPONS (TPNW): SHIFTING PARADIGM AND ITS IMPLEMENTATION’S OBSTACLES 从核不扩散条约(npt)到禁止核武器条约(tpnw):范式的转变及其实施障碍

IF 0.2

IIUM Law Journal Pub Date : 2021-12-23 DOI: 10.31436/iiumlj.v29i2.598

Nahda Anisa Rahma

{"title":"FROM NUCLEAR NON-PROLIFERATION TREATY (NPT) TO THE TREATY ON PROHIBITION OF NUCLEAR WEAPONS (TPNW): SHIFTING PARADIGM AND ITS IMPLEMENTATION’S OBSTACLES","authors":"Nahda Anisa Rahma","doi":"10.31436/iiumlj.v29i2.598","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.598","url":null,"abstract":"Since its enforcement in 1970, it is evident that the negotiations process towards nuclear disarmament under the Nuclear Non-Proliferation Treaty (NPT) has encountered stagnation. This fact led to the inception of the Treaty on the Prohibition of nuclear weapons (TPNW) which possesses a distinct characteristic of NPT. TPNW utilizes a more digestible humanitarian approach, which emphasized the catastrophic impacts of possessing nuclear weapons, rather than the complex state-security approach. This study aims to primarily provide an in-depth understanding regarding the shifting regime from NPT to TPNW and nuclear disarmament in general. The author conducts the research by using the literature research method, and thereafter analyzes the relevance and employs the arguments contained in the literature critically. The research shows that the traditional paradigm in NPT is insufficient to achieve the goal of complete nuclear disarmament, as it only focuses on the interest and security of the states. Thus delegitimizing the existence of public participation, which is important to put pressure to mobilize the political will of the state. This article also shows the possible obstacles that TPNW might face during its upcoming implementation.","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":"43015566","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

THE RIGHT OF RESTITUTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE IN INDONESIA 印度尼西亚性暴力受害儿童的赔偿权

IF 0.2

IIUM Law Journal Pub Date : 2021-11-03 DOI: 10.31436/iiumlj.v29i(s2).684

Rosmalinda Rosmalinda, Ningrum Natasya Sirait, Suhaidi, Edy Ikhsan

{"title":"THE RIGHT OF RESTITUTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE IN INDONESIA","authors":"Rosmalinda Rosmalinda, Ningrum Natasya Sirait, Suhaidi, Edy Ikhsan","doi":"10.31436/iiumlj.v29i(s2).684","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i(s2).684","url":null,"abstract":"Article 4 of the Convention on the Rights of the Child (CRC) mentions the obligations of state parties to implement the CRC. Furthermore, article 19 of the CRC requires State Parties to protect children from any form of violation including sexual violation through legislative, administrative, social and education measures. This article describes the results of research related to the implementation of CRC for child victims of sexual violence (CVSV) through court decisions. The analysis was conducted on seven Districts and three High Court decisions in 2018 in Medan and Deli Serdang Districts, North Sumatera Province in Indonesia concerning sexual violence which involve children as victims. The researcher conducted focus group discussions which involved two groups of respondents; (1) Law Enforcement Officers and (2) OPD (Organisasi Pemerintahan Daerah/Local Governments) and CSOs (Civil Society Organizations) which concerns CVSV issues. The finding shows that none of the court decisions mentioned about rights of the victims, as they focused only to punish the perpetrator(s). It is ironic since the right is regulated under several regulations in Indonesia concerning child protection. Therefore, the researcher recommends that police officers and Public Prosecutors should be more active in providing information concerning restitution for the victims. This will assist the victim(s) and his/her families to obtain justice not only by punishing the perpetrator but also by obtaining his/her right of restitution.","PeriodicalId":40704,"journal":{"name":"IIUM Law Journal","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45039985","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