Asian Journal of Wto & International Health Law and Policy最新文献

Indigenous Peoples in Protected Areas and Equitable Conservation: Recent Legal and Policy Development in Malaysia 保护区内的土著居民和公平保护:马来西亚最近的法律和政策发展

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2023-07-31 DOI: 10.33093/ajlp.2023.4

Izawati Wook

{"title":"Indigenous Peoples in Protected Areas and Equitable Conservation: Recent Legal and Policy Development in Malaysia","authors":"Izawati Wook","doi":"10.33093/ajlp.2023.4","DOIUrl":"https://doi.org/10.33093/ajlp.2023.4","url":null,"abstract":"Respect and recognition of the rights of the indigenous peoples are acknowledged as indispensable for sustainable and equitable conservation of protected areas. Corresponding to this, in Malaysia, significant changes have also been seen in the relevant laws and policy statements in the last few years, providing for greater recognition of the needs and rights of the indigenous peoples in the management of the protected areas. This paper provides an overview of the Malaysian laws and policies on protected areas affecting the rights of Malaysia’s indigenous peoples, the Orang Asli, with a focus on the recent changes in the relevant laws and policy statement. However, without adequate legal support and recognition as landowners, the effort to meaningfully include the indigenous peoples in the management of the protected areas may be hampered. A concrete legal change needs to take place, specifically through legislation to formally recognize and acknowledge the rights of the Orang Asli communities to their customary land. This may lead to a change of perspective towards the Orang Asli as landowners and pave a new foundation for creating new relationships to create a genuine partnership and meaningful involvement of the communities in the management of the protected areas.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87133954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals: A Forced Marriage of Original Proprietor and Subsequent Chargee 见Leong Chye @ Sze Leong Chye诉大华银行(马来西亚)有限公司及其他上诉:原东主与后继押记人的强迫婚姻

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2023-07-31 DOI: 10.33093/ajlp.2023.5

Qing Ying Lim, E. Tay

{"title":"See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals: A Forced Marriage of Original Proprietor and Subsequent Chargee","authors":"Qing Ying Lim, E. Tay","doi":"10.33093/ajlp.2023.5","DOIUrl":"https://doi.org/10.33093/ajlp.2023.5","url":null,"abstract":"Deferred indefeasibility is one of the most important concepts in the Malaysian Torrens System. Under the doctrine of deferred indefeasibility, when there exist vitiating factors in the immediate transaction, the immediate purchaser will acquire a voidable title in contrast with the subsequent purchaser who will acquire good title or interest if he obtains the title or interest in good faith and with valuable consideration. However, whether a purchaser is immediate or subsequent depends on the construction of section 340 of the National Land Code (Revised 2020). In 2021, the Federal Court laid down the decision of See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals which states that the financial institution which acquired interest from an immediate purchaser was a subsequent purchaser, thereby enjoyed indefeasibility in its charge. However, such an interpretation ran afoul of section 340 of the National Land Code. This article provides a commentary on the case of See Leong Chye in respect of the concept of immediate and subsequent purchasers under the doctrine of deferred indefeasibility.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"30 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75325908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Legal and Practical Issues Related to the System of Two High Courts in Malaysia 马来西亚两个高等法院制度的法律与实践问题

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2023-01-31 DOI: 10.33093/ajlp.2023.1

Sheila Ramalingam, Johan Shamsuddin Sabaruddin, Saroja Dhanapal

{"title":"The Legal and Practical Issues Related to the System of Two High Courts in Malaysia","authors":"Sheila Ramalingam, Johan Shamsuddin Sabaruddin, Saroja Dhanapal","doi":"10.33093/ajlp.2023.1","DOIUrl":"https://doi.org/10.33093/ajlp.2023.1","url":null,"abstract":"Malaysia was formed on 16 September 1963 when among others, the two states in East Malaysia (Sabah and Sarawak) were federated with West Malaysia or Peninsula Malaysia (then known as the Federation of Malaya). The Federal Constitution of the Federation of Malaya was then extensively amended to accommodate the creation of the new Federation of Malaysia. However, as a compromise for the states of Sabah and Sarawak to join Malaya and become the Federation of Malaysia, many aspects of the judicial and legal system, as it was before the formation of Malaysia, were maintained. This included, among others, having two High Courts of co-ordinate jurisdiction and status, namely the High Court in Malaya for West Malaysia and the High Court in Sabah and Sarawak for East Malaysia, the use of different languages in both these courts, separate legal profession for West Malaysia, Sabah and Sarawak respectively, and different laws on the same subject matter between East and West Malaysia. Although this system has been in place now for over five decades, it has given rise to various legal and practical issues which have remained unresolved up till now. This paper seeks to highlight some of these issues.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78847005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Comparative Study on the Concept of Accountability Between Vietnam and Japan 越南与日本问责制观念比较研究

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2023-01-31 DOI: 10.33093/ajlp.2023.2

Hoan My Linh Kim

引用次数: 0

Joseph Shine v Union of India: Farewell to a Victorian-Era Adultery Law Joseph Shine诉印度联邦:告别维多利亚时代的通奸法

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2023-01-31 DOI: 10.33093/ajlp.2023.3

Rathivaani Sathiaseelan, Anusha Aurasu

{"title":"Joseph Shine v Union of India: Farewell to a Victorian-Era Adultery Law","authors":"Rathivaani Sathiaseelan, Anusha Aurasu","doi":"10.33093/ajlp.2023.3","DOIUrl":"https://doi.org/10.33093/ajlp.2023.3","url":null,"abstract":"This case commentary critically analyses the rationale behind the decision made by the Indian Supreme Court in the case of Joseph Shine v Union of India [2018] Indlaw 899 (SC). The constitutionality of section 497 of the Indian Penal Code and section 198(2) of the Code of Criminal Procedure, which criminalise adultery, was challenged in this case. Being well aware that this case was a call made due to societal changes, the Supreme Court was prepared to adopt a liberal interpretation of the Indian Constitution. However, it had to face the sea of precedents flowing in the opposite direction of the societal changes. The Supreme Court, in dealing with these archaic provisions had carefully scrutinized Articles 14, 15 and 21 of the Indian Constitution to declare that the impugned provisions have long outlived their purpose and do not fit within today’s constitutional morality. This case is definitely one of the significant decisions made in the history of Indian law as it portrayed the Supreme Court’s bold move in finally bidding farewell to a Victorian-era law. As a result, adultery is no longer a crime in today’s India and this decision is the reason behind it.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"48 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77294986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Alternative Dispute Resolution and Sustainability of Economic Development for the Consumer’s Benefit: An Islamic Moral Economy Perspective 为消费者利益的替代性纠纷解决与经济发展的可持续性:伊斯兰道德经济学的视角

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2022-07-08 DOI: 10.33093/ajlp.2022.7

H. Khan, Foyasal Khan, Soura Jit Barua

{"title":"Alternative Dispute Resolution and Sustainability of Economic Development for the Consumer’s Benefit: An Islamic Moral Economy Perspective","authors":"H. Khan, Foyasal Khan, Soura Jit Barua","doi":"10.33093/ajlp.2022.7","DOIUrl":"https://doi.org/10.33093/ajlp.2022.7","url":null,"abstract":"Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to examine the potential of the applicability of mediation as a tool for dispute resolution in encouraging sustainability of economic development from an IME perspective. Based on a desk review of academic, peer-reviewed literature and reports, the particular focus of this study is on how mediation could assist the consumers of Islamic Banking and Finance in getting justice by applying dispute settlement methods between the parties. This paper suggested that the consumer obtains much benefit if the IME adopts ADR or mediation in resolving dispute and simultaneously maintains the sustainability of economic development.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"62 2 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90944302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Host States’ Counterclaims on Human Rights in Practical Investment Arbitration 东道国在实际投资仲裁中的人权反诉

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2022-07-08 DOI: 10.33093/ajlp.2022.5

T. Nguyen

{"title":"Host States’ Counterclaims on Human Rights in Practical Investment Arbitration","authors":"T. Nguyen","doi":"10.33093/ajlp.2022.5","DOIUrl":"https://doi.org/10.33093/ajlp.2022.5","url":null,"abstract":"This paper analyzes the potential hindrance to the positive results of counterclaims on human rights protection in the practical investment arbitration, then evaluates whether ASEAN Comprehensive Investment Agreement and other treaties with investment provisions would be acceptable legal grounds to enable such counterclaims. This paper argues that to ensure more sustainable investment, future investment treaties should directly provide explicit states’ rights to make counterclaims on human rights protection. As such, these explicit provisions will create better legal grounds for host state to defend their legitimate rights on protecting human right, guarantee the predictability, and avoid the inconsistent interpretation or the reluctance of tribunals. This paper will delve in four substantial issues, including: (i) overview on counterclaims in international investment disputes; (ii) international and municipal regulations on human right protection in investment activities; (iii) host states’ counterclaims on protection of human rights in practical investment arbitration; (iv) control future commitments on states’ counterclaims on human rights.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"221 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76626961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Exploring the Root Causes of the Persecution Policy Against Rohingya People: A Study based on Three Constitutions of Burma/Myanmar 缅甸对罗兴亚人的迫害政策根源探析:基于缅甸三部宪法的研究/缅甸

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2022-07-08 DOI: 10.33093/ajlp.2022.6

Alvin Hoi-Chun Hung

引用次数: 0

Vasanta a/l Amarasekera v Public Prosecutor: Extending the Debate on Whether Statements Made by Witnesses to Police are Absolute Privilege Vasanta a/l Amarasekera诉公诉人:扩大关于证人向警方供述是否属于绝对特权的辩论

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2022-07-08 DOI: 10.33093/ajlp.2022.10

Mohd Munzil bin Muhamad

{"title":"Vasanta a/l Amarasekera v Public Prosecutor: Extending the Debate on Whether Statements Made by Witnesses to Police are Absolute Privilege","authors":"Mohd Munzil bin Muhamad","doi":"10.33093/ajlp.2022.10","DOIUrl":"https://doi.org/10.33093/ajlp.2022.10","url":null,"abstract":"The High Court in Vasanta a/l Amarasekera v PP has decided that an accused person can be supplied with statements made by witnesses to the police during the investigation process, who are not called by the prosecution and subsequently offered to the defence. The importance of this case is that the High Court has the benefit of analysing two recent conflicting decisions of the Court of Appeal on this issue. First, the Court of Appeal’s decision in Siti Aisyah v PP in 2019 which ruled that the statements are not absolutely privileged. In so doing, the Court did not follow the earlier decision of the Federal Court in Husdi v PP in 1980, which declared the statements as absolutely privileged. The second is the Court of Appeal’s decision in 2022 in the case of Dato’ Sri Mohd Najib bin Hj Abd Razak v PP where it stated that it is bound by the decision of the Federal Court in Husdi’s case. This case commentary critically analyses the rationale behind the High Court’s decision in following Siti Aisyah’s case, thus, making it as a new addition to the list of recent Malaysian courts which have decided that such statements are not absolutely privileged.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"67 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87508973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Artificial Intelligence in Malaysian Courts: PP v Denis P Modili 马来西亚法院的人工智能:PP诉Denis P Modili

IF 0.5 4区社会学

Asian Journal of Wto & International Health Law and Policy Pub Date : 2022-07-08 DOI: 10.33093/ajlp.2022.9

Dennis W. K. Khong, C. Ho

引用次数: 0