Pub Date : 2022-07-07DOI: 10.31436/iiumlj.v30i1.713
Badruzzaman Ishak, Shamrahayu Binti Ab Aziz
The impetus for writing this article came from the notion of Muhammad Hamidullah, a renowned twentieth-century Islamic scholar. He has described the Madinah Charter as the world's first written constitution. As the modern constitutions contain certain fundamental features embedded within them, such as the separation of powers, the rule of law, which includes the fundamental rights and liberties of the people, supremacy of the constitution, and custom of the country, this article examines the objectives and fundamental features of the Madinah Charter. The research methodology adopted in this article is a doctrinal analysis by referring to the Madinah Charter as discussed in the book by Hamidullah, The Prophet's Establishing A State And His Succession. From the objectives and fundamental features of the Madinah Charter, the article extracts some similarities between the objectives and fundamental features embedded in a modern constitution. This brings out the argument of whether the Madinah Charter can be recognised as the world's first written constitution despite not being categorised as a modern constitution.
{"title":"THE MADINAH CHARTER IN LIGHT OF A MODERN CONSTITUTION","authors":"Badruzzaman Ishak, Shamrahayu Binti Ab Aziz","doi":"10.31436/iiumlj.v30i1.713","DOIUrl":"https://doi.org/10.31436/iiumlj.v30i1.713","url":null,"abstract":"The impetus for writing this article came from the notion of Muhammad Hamidullah, a renowned twentieth-century Islamic scholar. He has described the Madinah Charter as the world's first written constitution. As the modern constitutions contain certain fundamental features embedded within them, such as the separation of powers, the rule of law, which includes the fundamental rights and liberties of the people, supremacy of the constitution, and custom of the country, this article examines the objectives and fundamental features of the Madinah Charter. The research methodology adopted in this article is a doctrinal analysis by referring to the Madinah Charter as discussed in the book by Hamidullah, The Prophet's Establishing A State And His Succession. From the objectives and fundamental features of the Madinah Charter, the article extracts some similarities between the objectives and fundamental features embedded in a modern constitution. This brings out the argument of whether the Madinah Charter can be recognised as the world's first written constitution despite not being categorised as a modern constitution.","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":"42410138","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}
Pub Date : 2022-07-07DOI: 10.31436/iiumlj.v30i1.576
Mohammad Belayet Hossain, Asmah Laili Yeon, Ahmad Shamsul Abd Aziz
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.
{"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}
The implementation of foreign public-private partnerships (PPP) as alternative funding to build an infrastructure of a country has been a common practice. However, upon the termination of the PPP, the government may intend to own and manage the infrastructure fully. This article analyses whether such a situation falls under the legal concept of expropriation or a breach of contract. The article uses the doctrinal research method that combines the statute approaches, conceptual approaches, and case approach. The research concludes that the distinction can be made based on the government's capacity as an authority or a party to the contract. If the government acts as a public authority, then the termination of PPP is considered as an indirect expropriation; if the government action is based on its commercial capacity or as a party to a contract, then the termination of PPP is considered a breach of contract.
{"title":"ANALYSIS ON THE TERMINATION OF FOREIGN PUBLIC-PRIVATE PARTNERSHIP BY THE GOVERNMENT","authors":"Faizal Kurniawan, Julienna Hartono, Xavier Nugraha, Annida Aqiila Putri","doi":"10.31436/iiumlj.v30is1.703","DOIUrl":"https://doi.org/10.31436/iiumlj.v30is1.703","url":null,"abstract":"The implementation of foreign public-private partnerships (PPP) as alternative funding to build an infrastructure of a country has been a common practice. However, upon the termination of the PPP, the government may intend to own and manage the infrastructure fully. This article analyses whether such a situation falls under the legal concept of expropriation or a breach of contract. The article uses the doctrinal research method that combines the statute approaches, conceptual approaches, and case approach. The research concludes that the distinction can be made based on the government's capacity as an authority or a party to the contract. If the government acts as a public authority, then the termination of PPP is considered as an indirect expropriation; if the government action is based on its commercial capacity or as a party to a contract, then the termination of PPP is considered a breach of contract.","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":"41619392","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}
Pub Date : 2022-04-12DOI: 10.31436/iiumlj.v30is1.699
Agus Trihartono, Suyatno Ladiqi
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.
{"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}
Pub Date : 2022-04-12DOI: 10.31436/iiumlj.v30is1.697
N. Nawi, Azyyati Anuar, Nurul Mazrah Manshor, Rozita Abdul Latif
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
{"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}
Pub Date : 2022-04-12DOI: 10.31436/iiumlj.v30is1.702
Mohd Shahril Nizam Md Radzi, Asiah Bidin, Murshamshul Kamariah Musa, Noor ‘Ashikin Hamid
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.
{"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}
Pub Date : 2022-04-12DOI: 10.31436/iiumlj.v30is1.698
Khariyah Mat Yaman, Zuhairah Ariff Abd Ghadas
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.
{"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}
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.
{"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}
Pub Date : 2021-12-23DOI: 10.31436/iiumlj.v29i2.599
Sonia Widya Febriana
Implementing the right of peaceful assembly in the midst of a pandemic seems dangerous, especially when the disease is highly infectious. The United Nations Human Rights Committee then adopted General Comment No. 37 which explains the scope of protection of Article 21 of the International Covenant on Civil and Political Rights 1966. This writing is normative research on the interpretation made by the Human Rights Committee and assessing the sufficiency of the said interpretation in protecting the freedom of assembly in the midst of public health emergencies. It is found that the Human Rights Committee has conducted a thorough method in interpreting the protective scope of Article 21 of the ICCPR, whereas the General Comment No. 37 provides a vast protective scope, including a thorough guideline on how to conduct the freedom of assembly in times of public health emergency.
{"title":"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?","authors":"Sonia Widya Febriana","doi":"10.31436/iiumlj.v29i2.599","DOIUrl":"https://doi.org/10.31436/iiumlj.v29i2.599","url":null,"abstract":"Implementing the right of peaceful assembly in the midst of a pandemic seems dangerous, especially when the disease is highly infectious. The United Nations Human Rights Committee then adopted General Comment No. 37 which explains the scope of protection of Article 21 of the International Covenant on Civil and Political Rights 1966. This writing is normative research on the interpretation made by the Human Rights Committee and assessing the sufficiency of the said interpretation in protecting the freedom of assembly in the midst of public health emergencies. It is found that the Human Rights Committee has conducted a thorough method in interpreting the protective scope of Article 21 of the ICCPR, whereas the General Comment No. 37 provides a vast protective scope, including a thorough guideline on how to conduct the freedom of assembly in times of public health emergency.","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":"41628231","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}
Pub Date : 2021-12-23DOI: 10.31436/iiumlj.v29i2.573
Noor Shuhadawati Binti Mohamad Amin, Ashgar Ali Ali Mohamed, Areej Torla
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.
{"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}
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