Pub Date : 2022-02-18DOI: 10.4324/9780367028183-12
J. Sundaram
{"title":"Dumping and Anti-Dumping Measures","authors":"J. Sundaram","doi":"10.4324/9780367028183-12","DOIUrl":"https://doi.org/10.4324/9780367028183-12","url":null,"abstract":"","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"64 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90935525","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}
{"title":"Non-Discrimination","authors":"J. Sundaram","doi":"10.4324/9780367028183-5","DOIUrl":"https://doi.org/10.4324/9780367028183-5","url":null,"abstract":"","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"6 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87074905","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}
Pub Date : 2022-02-18DOI: 10.4324/9780367028183-20
J. Sundaram
{"title":"Environment, Human Rights, and Trade","authors":"J. Sundaram","doi":"10.4324/9780367028183-20","DOIUrl":"https://doi.org/10.4324/9780367028183-20","url":null,"abstract":"","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"12 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81341361","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}
Pub Date : 2022-02-18DOI: 10.4324/9780367028183-10
J. Sundaram
{"title":"Economic Emergency Measures","authors":"J. Sundaram","doi":"10.4324/9780367028183-10","DOIUrl":"https://doi.org/10.4324/9780367028183-10","url":null,"abstract":"","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"2013 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88181069","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}
Pub Date : 2022-02-18DOI: 10.4324/9780367028183-14
J. Sundaram
{"title":"Trade in Services","authors":"J. Sundaram","doi":"10.4324/9780367028183-14","DOIUrl":"https://doi.org/10.4324/9780367028183-14","url":null,"abstract":"","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"41 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80406402","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}
{"title":"Technical Barriers to Trade","authors":"J. Sundaram","doi":"10.30875/fae85f65-en","DOIUrl":"https://doi.org/10.30875/fae85f65-en","url":null,"abstract":"","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"26 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86889675","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}
This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
{"title":"Dispute Settlement at the WTO","authors":"J. Sundaram","doi":"10.4324/9780367028183-4","DOIUrl":"https://doi.org/10.4324/9780367028183-4","url":null,"abstract":"This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"9 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90999053","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}
In Suraini Kempe & Ors v Kerajaan Malaysia & Ors, the High Court ruled, on a harmonious construction of the relevant constitutional provisions on citizenship and equality before the law, the word ‘father’ in Article 14(1)(b), read together with section 1(c) of Part II of the Second Schedule of the Federal Constitution includes the mother of the children born out of Malaysia, and therefore declared, among others, that children born out of Malaysia, to mothers who are Malaysian citizens, are entitled to citizenship by operation of law if all the procedures to those followed by the father are adhered to. A harmonious construction is one where two provisions of the Constitution bearing upon the same subject are read together and so interpreted as to give meaning and effect to, and not render, the provision of the Constitution as otiose or nugatory. Curiously, the learned judge avoided referring to a recent Federal Court decision which ruled there was no necessity to adopt any other requirement to construe the constitutional provisions. The decision, albeit by a majority, is binding on the learned judge. This case comment argues that the learned judge disregarded and disobeyed the well-entrenched doctrine of stare decisis.
在Suraini Kempe & Ors诉Kerajaan Malaysia & Ors案中，高等法院裁定，基于对公民身份和法律面前平等的相关宪法条款的和谐构建，《联邦宪法》第二附表第二部分第1(c)节中第14(1)(b)条中的“父亲”一词包括在马来西亚境外出生的孩子的母亲，因此，除其他外，在马来西亚境外出生的孩子，其母亲是马来西亚公民。如果遵守其父所遵循的所有程序，则有权依法获得公民身份。一个和谐的解释是，宪法中涉及同一主题的两个条款被放在一起阅读，并被解释为赋予宪法条款意义和效果，而不是使宪法条款成为无用的或无效的。奇怪的是，这位学识渊博的法官避免提及联邦法院最近的一项裁决，该裁决裁定没有必要采用任何其他要求来解释宪法条款。这一决定，尽管是多数决定，但对学识渊博的法官具有约束力。本案评论认为，这位学识渊博的法官无视并违背了根深蒂固的先例原则。
{"title":"Harmonious Construction or Judicial Disobedience of Stare Decisis? Suraini Kempe & Ors v Kerajaan Malaysia & Ors","authors":"M. H. Hassan","doi":"10.33093/ajlp.2022.2","DOIUrl":"https://doi.org/10.33093/ajlp.2022.2","url":null,"abstract":"In Suraini Kempe & Ors v Kerajaan Malaysia & Ors, the High Court ruled, on a harmonious construction of the relevant constitutional provisions on citizenship and equality before the law, the word ‘father’ in Article 14(1)(b), read together with section 1(c) of Part II of the Second Schedule of the Federal Constitution includes the mother of the children born out of Malaysia, and therefore declared, among others, that children born out of Malaysia, to mothers who are Malaysian citizens, are entitled to citizenship by operation of law if all the procedures to those followed by the father are adhered to. A harmonious construction is one where two provisions of the Constitution bearing upon the same subject are read together and so interpreted as to give meaning and effect to, and not render, the provision of the Constitution as otiose or nugatory. Curiously, the learned judge avoided referring to a recent Federal Court decision which ruled there was no necessity to adopt any other requirement to construe the constitutional provisions. The decision, albeit by a majority, is binding on the learned judge. This case comment argues that the learned judge disregarded and disobeyed the well-entrenched doctrine of stare decisis.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"17 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82680564","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}
A decade ago, no one would have envisioned that Bitcoin would be as lucrative as it is today. What many first thought of as a scam, has now turned out to be one of the fastest growing digital currency in the world. This paper attempts to explain the legal framework and implications of Bitcoin mining, mostly in Malaysia, while also citing examples of other nations. The research attempts to shed light on how mining actually becomes illegal, despite not being directly penalized under most laws. The second part of the paper aims to critically analyse the solutions and reforms that can be put into motion in order to further facilitate the growth of Bitcoin in Malaysia. While some nations have started amending existing laws and promulgating new laws to address the rapid growth of Bitcoin, most countries still have no clear guidelines outlining Bitcoin mining and the Bitcoin trade in general. This paper also attempts to shed light on how the Bitcoin mining process can be made more environmentally friendly, so as to benefit both miners as well as the public at large.
{"title":"Illegal Roads Leading to Legal Ends: Bitcoin Mining in Malaysia","authors":"Hiral Sanghvi, Donald Selvam, Jovine See Wey Ling","doi":"10.33093/ajlp.2022.1","DOIUrl":"https://doi.org/10.33093/ajlp.2022.1","url":null,"abstract":"A decade ago, no one would have envisioned that Bitcoin would be as lucrative as it is today. What many first thought of as a scam, has now turned out to be one of the fastest growing digital currency in the world. This paper attempts to explain the legal framework and implications of Bitcoin mining, mostly in Malaysia, while also citing examples of other nations. The research attempts to shed light on how mining actually becomes illegal, despite not being directly penalized under most laws. The second part of the paper aims to critically analyse the solutions and reforms that can be put into motion in order to further facilitate the growth of Bitcoin in Malaysia. While some nations have started amending existing laws and promulgating new laws to address the rapid growth of Bitcoin, most countries still have no clear guidelines outlining Bitcoin mining and the Bitcoin trade in general. This paper also attempts to shed light on how the Bitcoin mining process can be made more environmentally friendly, so as to benefit both miners as well as the public at large.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"71 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84286529","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}
On the last days of 2021, the Malaysian Parliament passed amendments to the Copyright Act 1987 and the Patents Act 1983. In addition, the Geographical Indications Act 2000 was repealed and replaced by a new Geographical Indications Act 2021. This legislative update looks at the amendments made by the Copyright (Amendment) Act 2021. Generally, five areas in the Copyright Act are affected: Collective management organization, Marrakesh Treaty, voluntary notification, streaming technology and enforcement power.
{"title":"The Copyright (Amendment) Act 2021 of Malaysia","authors":"Dennis W. K. Khong","doi":"10.33093/ajlp.2022.3","DOIUrl":"https://doi.org/10.33093/ajlp.2022.3","url":null,"abstract":"On the last days of 2021, the Malaysian Parliament passed amendments to the Copyright Act 1987 and the Patents Act 1983. In addition, the Geographical Indications Act 2000 was repealed and replaced by a new Geographical Indications Act 2021. This legislative update looks at the amendments made by the Copyright (Amendment) Act 2021. Generally, five areas in the Copyright Act are affected: Collective management organization, Marrakesh Treaty, voluntary notification, streaming technology and enforcement power.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"80 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76315286","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}
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