Book review of Tay Pek San, Intellectual Property in Malaysia (2nd edn, Sweet & Maxwell 2020), ISBN: 978-967-2339-89-2.
Tay Pek San书评，马来西亚知识产权(第二版，Sweet & Maxwell 2020)， ISBN: 978-967-2339-89-2。
{"title":"Intellectual Property Law in Malaysia by Tay Pek San","authors":"Dennis W. K. Khong","doi":"10.33093/ajlp.2021.6","DOIUrl":"https://doi.org/10.33093/ajlp.2021.6","url":null,"abstract":"Book review of Tay Pek San, Intellectual Property in Malaysia (2nd edn, Sweet & Maxwell 2020), ISBN: 978-967-2339-89-2.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"8 2","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72453054","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}
Hench Goh, James Leong, Adam Haris Othman, Yee Ching Kho, Chung-ying Wong
Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.
{"title":"A Proposal for Malaysia’s Asylum Act","authors":"Hench Goh, James Leong, Adam Haris Othman, Yee Ching Kho, Chung-ying Wong","doi":"10.33093/ajlp.2021.4","DOIUrl":"https://doi.org/10.33093/ajlp.2021.4","url":null,"abstract":"Asylum is granted to people in search for international protection from persecution or serious harm in their own country. The right to asylum for refugees in Malaysia is far from realization and in dire need of a practical solution. Due to the lack of a proper enactment of Asylum Act, asylum seekers are to deal with denial of basic rights. Asylum seekers are also denied of education and healthcare due to high cost since these are not provided by the government. This article discusses the need for a proper enactment of Asylum Act in Malaysia in relation to the rising numbers of asylum seekers and refugees in the country. In this research, a comparative analysis between Malaysia’s existing laws dealing with asylum and the law of Australia, United Kingdom, Indonesia, and European Union was carried out. It was found that these countries have developed their legal framework for asylum considerably and could legally accommodate the influx of refugees into their respective countries, in contrast to Malaysia’s increasingly poor management of the refugees and asylum-seekers. The study suggests the possibility for the adoption of recommended legal principles from those countries into the proposed Malaysian Asylum Act.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"38 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85897667","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 the beginning of the human rights discourse, emphasis was on civil and political rights. Later, the thrust of the discourse moved to social and economic rights. Economic rights were demanded by the developing world manifesting in the form of Permanent Sovereignty over Natural Resources and the New International Economic Order. Due to the untiring efforts of these members, economic rights are reflected, enunciated and promoted in the international human rights instruments created under the aegis of the UN. The OHCHR has an innovative approach towards the guaranteeing of economic rights. For instance, the Office has a human rights approach towards poverty alleviation. It also recognises different duty holders in promoting human rights like the Transnational Corporations apart from the governments and civil society in ensuring human rights (especially in the interlinkages on Business and Human Rights). These new approaches has transformed the promotion of economic rights. The question is whether the international economic order has benefited from the promotion and guaranteeing of the economic rights. The aim of the present article is to analyse the impact of UN efforts in promoting economic rights and its repercussions on the formation of a newer international economic order.
{"title":"Economic Rights under the UN System and the Creation of a Newer International Economic Order","authors":"Shenoy Amritha Viswanath","doi":"10.33093/ajlp.2021.1","DOIUrl":"https://doi.org/10.33093/ajlp.2021.1","url":null,"abstract":"In the beginning of the human rights discourse, emphasis was on civil and political rights. Later, the thrust of the discourse moved to social and economic rights. Economic rights were demanded by the developing world manifesting in the form of Permanent Sovereignty over Natural Resources and the New International Economic Order. Due to the untiring efforts of these members, economic rights are reflected, enunciated and promoted in the international human rights instruments created under the aegis of the UN. The OHCHR has an innovative approach towards the guaranteeing of economic rights. For instance, the Office has a human rights approach towards poverty alleviation. It also recognises different duty holders in promoting human rights like the Transnational Corporations apart from the governments and civil society in ensuring human rights (especially in the interlinkages on Business and Human Rights). These new approaches has transformed the promotion of economic rights. The question is whether the international economic order has benefited from the promotion and guaranteeing of the economic rights. The aim of the present article is to analyse the impact of UN efforts in promoting economic rights and its repercussions on the formation of a newer international economic order.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"73 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90588957","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}
Book review of Gerrit De Geest, Rents: How Marketing Causes Inequality (Beccaria Book 2018), ISBN: 978-1-7325112-0-0. In his book titled Rents: How Marketing Causes Inequality, Gerrit De Geest, previously a professor at the Utrecht School of Economics and now Charles F Nagel Professor of International and Comparative Law at the Washington University School of Law, examines the problem of economic rents, diagnoses their causes and offers some possible legal solutions
《租金:营销如何导致不平等》(Beccaria Book 2018)， ISBN: 978-1-7325112-0-0。曾任乌得勒支经济学院教授、现任华盛顿大学法学院查尔斯·F·内格尔国际与比比法教授的Gerrit De Geest在其著作《租金:市场营销如何导致不平等》中研究了经济租金问题，诊断了其原因，并提供了一些可能的法律解决方案
{"title":"Rents: How Marketing Causes Inequality by Gerrit De Geest","authors":"Dennis W. K. Khong","doi":"10.33093/ajlp.2021.5","DOIUrl":"https://doi.org/10.33093/ajlp.2021.5","url":null,"abstract":"Book review of Gerrit De Geest, Rents: How Marketing Causes Inequality (Beccaria Book 2018), ISBN: 978-1-7325112-0-0.\u0000\u0000In his book titled Rents: How Marketing Causes Inequality, Gerrit De Geest, previously a\u0000professor at the Utrecht School of Economics and now Charles F Nagel Professor of\u0000International and Comparative Law at the Washington University School of Law, examines\u0000the problem of economic rents, diagnoses their causes and offers some possible legal\u0000solutions","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"13 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78317965","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}
Digital tracing is a proven effective means for the Malaysian government to trace and control the spread of COVID-19. However, the process of tracing and tracking in order to manage the spread of the pandemic have in many ways compromised personal information to third party applications. Malaysia is not the only country that uses digital tracing to manage the spread of the pandemic. Various countries have chosen different methods for digital contact tracing to manage the spread of COVID-19 and some are less respectful of privacy than others. This paper analyses Malaysia’s Personal Data Protection Act 2010 (PDPA) and its effectiveness in protecting personal data during the pandemic as Malaysians continue to utilise the contact tracing mobile applications such as MySejahtera and SELangkah. The researchers applied doctrinal research method and analysed the current Malaysian legislation on data protection. It should be noted that the PDPA does not apply in the case of government collection and would not require federal and state agencies to be transparent in their data management.
{"title":"Digital Tracing and Malaysia's Personal Data Protection Act 2010 amid the Covid-19 Pandemic","authors":"O. Leng, Rossanne Gale Vergara, Shereen Khan","doi":"10.33093/ajlp.2021.3","DOIUrl":"https://doi.org/10.33093/ajlp.2021.3","url":null,"abstract":"Digital tracing is a proven effective means for the Malaysian government to trace and control the spread of COVID-19. However, the process of tracing and tracking in order to manage the spread of the pandemic have in many ways compromised personal information to third party applications. Malaysia is not the only country that uses digital tracing to manage the spread of the pandemic. Various countries have chosen different methods for digital contact tracing to manage the spread of COVID-19 and some are less respectful of privacy than others. This paper analyses Malaysia’s Personal Data Protection Act 2010 (PDPA) and its effectiveness in protecting personal data during the pandemic as Malaysians continue to utilise the contact tracing mobile applications such as MySejahtera and SELangkah. The researchers applied doctrinal research method and analysed the current Malaysian legislation on data protection. It should be noted that the PDPA does not apply in the case of government collection and would not require federal and state agencies to be transparent in their data management.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"49 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76004412","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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