UUM Journal of Legal Studies (JLS) Vol.7,2016
The Impact Of International Terrorism On The Right To Personal Security In Iraq After 2003
Mohamed Salman, Iraq
Unpalatable Decisions By International Court Of Justice (ICJ) And Palatable Solutions By Islamic International Law (siyar)
Muhammad Naguib Bin Abdul Malik
Malaysian Law Of Youth Development In Global Challenges
Asmah Laili Hj Yeon
The Asean Charter: An Analysis
Abdul Razak Ahmad
Domestic Violence Court: A New Model To Combat Domestic Violence Against Women In Malaysia
Nazli Mahdzir, Aspalella A Rahman, Asmar Abd Rahim & Che Thalbi Ismail
The UCP 600 Rules In Letter Of Credit (LC): Selected Issues
Rosmawani Che Hasyim
Peaceful Assembly Act 2012: A Comparison With Suhakam's Recommendations
Haslinda Mohd Anuar
Enforceability Of International Humanitarian Law In Armed Conflict at Present
Lina Hastuti
Doctrine Of Condonation: Challenges In The Management Of Disciplinary Cases In Public University
Fariza Romli
The Impact Of International Terrorism On The Right To Personal Security In Iraq After 2003
Mohamed Salman, Iraq
ABSTRACT FULL TEXT
Hardly a day passes by without news of a terrorist bombing, kidnapping, or assassination somewhere in the world especially in Iraq. Terrorism has become a cancer and it is not in the interest of the nations, because it takes away their right to personal security. Following the event of September 11, there have been violations of international conventions and usages, human rights, which prompted countries globally to come up with laws to protect civil freedoms. In the context of Iraq, the Government came up with the Iraqi Anti-Terrorism Act No.13 of 2005 and the Iraqi Constitution of 2005 to address the issue of terrorism. The aim of this paper is to address the impact of international terrorism on the right to personal security in Iraq after 2003. The methodology adopted in this paper is a doctrinal legal research, focusing namely on primary and secondary data. This paper concludes that international terrorism has indeed affected the Iraqis right to personal security after 2003. Hence, there is a need to protect this fundamental right by re-looking into the Iraqi Anti-Terrorism Act No.13 of 2005. For instance, under the Act there is no clear definition of the terms “terrorism” and “terrorist act”. This has led to serious problems in the enforcement of the Iraqi Anti-Terrorism Act No. 13 of 2005 such as the abuse of the right to personal security where innocent Iraqis are deprived to enjoy this fundamental right at the disguise of fighting terrorism by the state, which is not even clearly defined under the Act.
Key words: International terrorism, Iraqi Constitution of 2005, Iraqi Anti-Terrorism Act No.13 of 2005, right to personal security.
Sovereignty, Internal Displacement And Right Of Intervention: Perspectives From The African Union’s Constitutive Act And The Convention For The Protection And Assistance Of Internally Displaced Persons
Shedrack Ekpa
ABSTRACT FULL TEXT
The end of the cold war and the beginning of the new millennium brought with it a new phase in state relations in Africa as more persons became forcefully uprooted from their homes and their rights violated with impunity due to intractable internal conflicts amidst the Westphalian notion of sovereignty which frowns at interference in the internal affairs of any state which was the fulcrum upon which the United Nations (UN) and Organization of African Unity (OAU) was founded. This new awakening has increasingly made perception of sovereignty to be people oriented. In the case of the Africa which is the crux of this paper, the eventual change from OAU to AU was significant as the coming into force of African Union’s Constitutive Act and the Convention for the Protection and Assistance of Internally Displaced Persons climaxed major twist in the Africa’s perception of sovereignty and the right of intervention in relation to internally displaced persons (IDPs) within the continent. This article examines briefly the historical evolution of the concept of sovereignty and the right of intervention and their implications in the African context, and being conceptual and doctrinal in approach it analyses the context and legality of the African Union’s right of intervention arising from the regional treaties vis-à-vis the United Nations Charter with a view to vindicating the much celebrated ‘decisive break from the past’. It concludes that African Union’s current stance represents a bold and grandiose expression that is sincerely tailored towards ensuring effective human rights protection and humanitarian assistance for over 13 million internally displaced persons (IDPs) in Africa. Finally, the article contributes significantly to the scholarly debates surrounding right of intervention in relation to internal displacement as its resolution will in one or the other helps government and other stakeholders in their quest to curtail the scourge of intra and inter-state violence in Africa.
Keywords: African Union, Sovereignty, Intervention, Internally Displaced Persons, State Responsibility
Unpalatable Decisions By International Court Of Justice (ICJ) And Palatable Solutions By Islamic International Law (siyar)
Muhammad Naguib Bin Abdul Malik
ABSTRACT FULL TEXT
This article demonstrates that the cases decided by the ICJ and the arbitration tribunals are judge made law and are not derived from the rules of customary law. Judge made law, as enunciated by the ICJ and the arbitration tribunals are very general and imprecise. The decisions made by the ICJ and the arbitration tribunals beget unpredictability or unexpected results. Normally, state parties are not happy with the decision made by the ICJ and the arbitration tribunals and the discontented states are unable to take any actions as state parties need to comply with the decision of the ICJ. In this Article, two (2) cases, one in South America and the other one in Africa, were discussed in detail. The outcome of these two (2) cases is not palatable to some state parties. Since the decisions are not predictable and the outcome is not palatable to some state parties, this Article looks at possible solutions which are being offered in International Islamic Law (Siyar).
Keywords: Islamic International Law (Siyar), International Court of Justice (ICJ), Judge Made Law, Maritime Boundary Delimitations, Unpredictable Results, The Principle of Joint Administration, The Principle of Joint Development.
Malaysian Law Of Youth Development In Global Challenges
Asmah Laili Hj Yeon
ABSTRACT FULL TEXT
49% of the total numbers of citizens of Malaysia are under the category of youth which is equivalent to 13.74 million people. Therefore, their contribution to the nation in education, economy, politics, social and governance are very significant. There is dilemma in defining legal age of youth not only in Malaysia but in global scenario, the issue of their awareness in youth development law and youth legal rights which are not documented in the statute. In light of the above gap, this paper examines and analyses legal challenges of current and future challenges of youth development law in Malaysia. This study adopts two approaches i.e. quantitative and qualitative approaches. For quantitative approach, an exploratory (socio-legal) survey technique using questionnaire has been conducted among youth in Malaysia to investigate their awareness in relations to law of youth development. The descriptive analysis is to describe level of youth awareness in relation to youth development law and the analytical analysis is to investigate deeply, and evaluate every aspect of legal provisions with regard to youth law. It is suggested that the Malaysian government should amend the definition of youth according to the international standard, initiate more programmes to increase the awareness of youth regarding the law and give a consideration to insert provision of youth rights in the Act.
Keywords: Youth, Youth law, Youth Rights, Youth definition, Global issues
The Asean Charter: An Analysis
Abdul Razak Ahmad
ABSTRACT FULL TEXT
The adoption of the ASEAN Charter in 2007 was believed to have transformed ASEAN to become a more institutional organisation with a profound framework and inclusive principles that act as a guideline to assist the process of disputes settlement and decision-making between the member countries. When the Eminent Persons Group (EPG) representing each of the countries addressed two main issues related to the recommendations to reform the norm and principles of ASEAN as well as the rights of the member countries to be put into the Charter, the ASEAN leader were not very receptive with the concept of using consensus decision-making process to impose sanctions and changes. Therefore, a watered-down ASEAN Charter was adopted portraying the un-readiness of the member countries to diverge away from the ‘ASEAN Way’ that had been implemented for the past 40 years. Despite the addition of two new principles that touches on the collective responsibility and enhancing consultation, the ASEAN Charter still does not exhibit the transformation of ASEAN as crafted by the EPG. The Charter also fails to provide pertinent mechanisms to address certain issues such as security and safety disputes. Hence, this article is written to confer the weaknesses of the ASEAN Charter and how important it is for ASEAN to move away for the usual norm of the ‘ASEAN Way’ in order to become a puissant organisation.
Keywords: ASEAN Charter, EPG
Domestic Violence Court: A New Model To Combat Domestic Violence Against Women In Malaysia
Nazli Mahdzir, Aspalella A Rahman, Asmar Abd Rahim & Che Thalbi Ismail
ABSTRACT FULL TEXT
Domestic violence is a social epidemic in Malaysia. To combat this, the Domestic Violence Act 1994 and the Domestic Violence (Amendment) Act 2012 has set up a mechanism via the Malaysian criminal justice system to investigate reports, prosecute the perpetrators and protect the victims of domestic violence. Unfortunately, the mechanism has been viewed with disfavor by many. This paper attempts to critically appraise the effectiveness of the mechanism and subsequently propose an alternative method to better deal with domestic violence cases. Applying a descriptive and analytical approach in data analysis, the paper concluded that the mechanism currently being implemented in dealing with domestic violence cases is ineffective and ineffectual. Therefore a specialized court (instead of the current criminal court) which deals specifically with domestic violence is suggested.
Keywords: Domestic violence; women; domestic violence court
The UCP 600 Rules In Letter Of Credit (LC): Selected Issues
Rosmawani Che Hasyim
ABSTRACT FULL TEXT
The Uniform Customs and Practice (UCP) is the primary source for letter of credit (LC) transaction. Prior to the publication of the UCP, the rules in LC originating from trade customs and practices were not unanimously applied by traders. The International Chamber of Commerce (ICC) whose function is to harmonize the various trade customs practiced in LC, had initiated to compile those rules and published them under one specific reference and named it as the UCP. The UCP is always been updated in order to serve current market needs in regards to LC issues. Thus far, there is no specific statute regulated for LC. The UCP, though customary in nature and has no legal effect, has been adopted by more than 175 countries. Currently, it is unlikely to find the LC transactions, which is not governed by the UCP. Compared to the previous versions, the latest version of the UCP 600 is claimed to be comprehensive and offers modification to the preceding LC rules. This paper discusses the rules provided by the latest UCP 600 focusing on the significant issues in LC such as bankers’ autonomy, revocable and irrevocable LC, strict compliance, notice of refusal and fraud. Comparisons are scrutinized with the previous versions of the UCP and reviews are highlighted wherever necessary. In addition, reference is sought to case-law to illustrate certain issues. Furthermore, this paper examines the improvements contributed by these latest rules. Last but not least, it seeks to submit proposals for future improvement of the current UCP 600.
Keywords: UCP 600; Letter of Credit; autonomy; strict compliance; notice of refusal, fraud.
Peaceful Assembly Act 2012: A Comparison With Suhakam's Recommendations
Haslinda Mohd Anuar
ABSTRACT FULL TEXT
In Malaysia, a provision on peaceful assembly is stipulated under Article 10 of the Federal Constitution which combines the freedom of speech, peaceful assembly and association. However, these freedoms have restrictions which are usually justified under the broad stroke of maintaining racial harmony and public order. Prior to 23 April 2012, section 27 of the Police Act was implemented to govern a public assembly, and the enactment of the Peaceful Assembly Act 2012 (PAA 2012), then, gives some light to the right of assemble peacefully. The objective of this article is to examine by comparing SUHAKAM’s recommendations with the Peaceful Assembly Act 2012. To achieve the objective, the doctrinal legal research has been used, specifically the analytical and comparative methods.
Keywords: Peaceful Assembly, Act, Police, SUHAKAM, Recommendation
Enforceability Of International Humanitarian Law In Armed Conflict at Present
Lina Hastuti
ABSTRACT FULL TEXT
The tendency of the current conflict is a new type of conflict, which is not regulated by international humanitarian law. After World War II, in any war, emphasize the protection of victims of war and an obligation to be responsible for violations of international law or international humanitarian law. The purpose this research is to explore the theories or the law resources in International Humanitarian Law to facing a new type of armed conflict. It is also significant to know where the discovered principles international humanitarian law about the problem. Based on Martens Clause and 1977 Additional Protocol I and II or Si Omnes Clause and Common Articles 2 Geneva Conventions 1949 can applied in new type of armed conflicts. As the development of international humanitarian law which always follow the development of the international community, to address issues related to a new type of armed conflict, it can be back to the theories and legal resources in international humanitarian law.
Keywords: Armed Conflict, International Humanitarian Law
Doctrine Of Condonation: Challenges In The Management Of Disciplinary Cases In Public University
Fariza Romli
ABSTRACT FULL TEXT
The disciplinary committee in public university carry a huge responsibilities to uphold justice to the employer as well as to the employee in handling the disciplinary cases. One of the hindrance faced by the committee is the issue on doctrine of condonation as a waiver. Thus, it is important to understand what is doctrine of condonation in order to identify, prevent, control and deal with it when used as a defense by the employee to prevent him from being punished by the authorities. Therefore, this paper will examine the definition of the doctrine of condonation, explain the protection under Statutory Bodies (Discipline and Surcharge) Act 2000 [Act 605] with regards to condonation, identifies the elements of a waiver by looking at the application of the doctrine by the court and the implications of the doctrine as a challenge in disciplinary cases in public universities. The methodology used is based on library research with an analysis of the legal acts, regulations and case law. The author found that the disciplinary action should be done effectively by the authorities to make sure that action is taken within reasonable time. Lack of certain rules or procedure can cause detriment in handling the issues on condonation.
Keywords: doctrine of condonation, termination of service, public university, Malaysia.