Archives

  • JOURNAL OF MALAYSIAN AND COMPARATIVE LAW
    Vol. 49 No. 2 (2022)

    We end the year 2022 with the second issue of Volume 49 of the Journal of Malaysian and Comparative Law (JMCL). We are pleased to announce that starting from the first issue of Volume 49 published in June this year, JMCL is now available fully online via subscription. The previous volumes are fully accessible online without any subscriptions. This is to give JMCL more accessibility and visibility. Most importantly, it is to ensure that our articles reach audiences far and wide so as to impart, spread and share the valuable research and knowledge contributed by our authors.

  • JOURNAL OF MALAYSIAN AND COMPARATIVE LAW
    Vol. 49 No. 1 (2022)

    In ‘Breach of Duty According to Medical Negligence Law in Nigeria and Malaysia’, the authors, Kome-Bona Idollo et.al. compared the principles used in Nigeria and Malaysia to determine whether there was a breach of duty, concluding that while Malaysia has applied the Rogers test, Nigeria still applies the Bolam-Bolitho test.

    Last but not least, Usharani Balasingam reviews the book ‘Comparative Law: Global Legal Traditions’ by Michael J Bazyler, Michael Bryant, Kristen Nelson & Sermid Al- Sarraf noting that the book serves a useful need not only for law students, but any reader who is seeking to navigate an interconnected, interdependent globe to comprehend global legal traditions and the cultures that shape it.

    Dr. Sharifah Suhanah Syed Ahmad
    Executive Editor

  • JOURNAL OF MALAYSIAN AND COMPARATIVE LAW
    Vol. 48 No. 2 (2021)

    We end the year with three thought provoking articles.
    In his piece “Should Malaysia join the CISG (UN Convention on the International

    Sale of Goods)”, Howard Hunter advocates for Malaysia acceding to the above UN Convention based primarily on two grounds; first the portions of the CISG which differ from the norms of the common law are relatively few in number and could be easily addressed. Secondly, the CISG is a neutral law that has been adopted and regularly used by both civil and common law states. Haezreena Begum Abdul Hamid’s article “A Review of the Anti Sex-Trafficking Approach in Malaysia” analyses the issues and problems surrounding sex trafficking involving migrant women in Malaysia. The author argues for the better protection of such women, and proposes, among others, for the amendment of the definition of “trafficking” to clarify any ambiguities and for the decriminalisation of sex work.

    Last but not least, Sharyn Wong on her case note on the Federal Court judgment in Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd, proposes that Malaysian law on liquidated damages clauses (LAD) could be further improved by adopting the Indian position of requiring actual proof of loss whenever possible in order to prove an innocent party’s legitimate interest.

    Dr. Sharifah Suhanah Syed Ahmad
    Executive Editor

  • JOURNAL OF MALAYSIAN AND COMPARATIVE LAW
    Vol. 48 No. 1 (2021)

    Our June 2021 edition of the JMCL features a diverse selection of scholarly and stimulating articles. In “Muslim Converts and Bigamy in Philippine Penal Law: Exploring the Free Exercise of Religion as a Defense”, Norhabib bin Suod S. Barodi analyses whether the defence of free exercise of religion under the Philippine Constitution can be used against a charge of bigamy when a Muslim convert marries again after his conversion while his civil marriage is still subsisting. The author draws upon the Philippine Supreme Court decision of Estrada v Escritor to show how this might be possible.

    In “The Challenges of Mobile Courts in Environmental Litigation in Nigeria”, Joseph Nwazi and Agbowu Ejike Christopher discuss the important role which mobile courts play in improving access to environmental justice in Nigeria. The authors draw attention to the challenges faced by these courts, such as limited jurisdiction and lack of security. 

    In “Revisiting the Right to Privacy in the Digital Age: A Quest to Strengthen the Malaysian Data Protection Regime”, Md Toriqul Islam and others conduct an in-depth analysis of the current data protection regime in Malaysia. The authors conclude that the Malaysian Personal Data Protection Act 2010 (PDPA) has many shortcomings and needs to be amended in order to strengthen it to be in line with international data protection standards, especially the General Data Protection Regulation (GDPR).

    Last but not least, Hossain Mohammad Reza examines how trade, environment and sustainable development has impinged on aspirations of the global South. His piece, “Can the Concept of ‘Justice’ be Employed in North-South Trade to Serve the Interests of the South in Ways that Sustainable Development Cannot”, highlights how both GATT Articles XX(b) and (g) and the Agreement on the Application of Sanitary and Phytosanitary Measures have created avenues for imposing non-tariff barriers which has led to discrimination against the South. The author argues for the incorporation of distributive, procedural and corrective justice in the global trade regime as a pertinent solution.

    Dr. Sharifah Suhanah Syed Ahmad 

    Executive Editor 

  • Journal of Malaysian and Comparative Law
    Vol. 47 No. 2 (2020)

    The December 2020 edition kicks off with the piece by Siva Subramaniam entitled, ‘Determining the Law to Govern an Arbitration Agreement: A Quest for the Best Approach’. In this article, the author analyses the complexities surrounding the determination of the parties’ choice of law in relation to an international commercial arbitration. This is especially so because the arbitration agreement is separate from the main contract, and the arbitration agreement could be governed either by the law of the underlying contract or the law of the seat of the arbitration.
    In ‘Orang Asli Customary Land and Adat Perpatih: A Case Study on Temuan Land in Negeri Sembilan’, Izawati Wook and others delve into the customs and customary law of the Temuan community in Negeri Sembilan. The authors adopt a qualitative approach through interviews and focus group discussions to investigate the concept, meaning and perspectives of customary land among the Orang Asli in several selected villages in Negeri Sembilan.
    Last but not least, Eden HB Chua analyses the Federal Court decision in Datuk Seri Anwar Ibrahim v Government of Malaysia [2020] 3 CLJ 593, focusing on the Federal Court’s refusal to rule against the constitutionality of the National Security Council Act 2016.

    Dr. Sharifah Suhanah Syed Ahmad
    Executive Editor

  • Journal of Malaysian and Comparative Law
    Vol. 47 No. 1. Jun (2020)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws

  • Journal of Malaysian and Comparative Law
    Vol. 46 No. 2. Dec (2019)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 46 No. 1. Jun (2019)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 45 No. 2. Dec (2018)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 45 No. 1. Jun (2018)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2017) 44 (issue 2) JMCL table of contents

    Journal of Malaysian and Comparative Law
    Vol. 44 No. 2. Dec. (2017)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2017) 44 (1) JMCL

    Journal of Malaysian and Comparative Law
    Vol. 44 No. 1. Jun. (2017)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2016) 43 (2) JMCL

    Journal of Malaysian and Comparative Law
    Vol. 43 No. 2. Dec. (2016)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2016) 43 (1) JMCL

    Journal of Malaysian and Comparative Law
    Vol. 43 No. 1. Jun. (2016)

  • (2015) 42 (2) JMCL table of contents

    Journal of Malaysian and Comparative Law
    Vol. 42 No. 2. Dec. (2015)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2015) 42 (1) JMCL

    Journal of Malaysian and Comparative Law
    Vol. 42 No. 1. Jun. (2015)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2014) 41 (2) JMCL

    Journal of Malaysian and Comparative Law
    Vol. 41 No. 2. Dec. (2014)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2014) 41 (1) JMCL

    Journal of Malaysian and Comparative Law
    Vol. 41 No. 1. Jun. (2014)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • (2013) 40 JMCL

    Journal of Malaysian and Comparative Law
    Vol. 40 No. 1. Jun. (2013)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 39 (2012)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 38 (2011)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 37 (2010)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Volume 36, year 2009, JMCL cover page

    Journal of Malaysian and Comparative Law
    Vol. 36 (2009)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 35 (2008)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

  • Journal of Malaysian and Comparative Law
    Vol. 34 (2007)

    The Journal of Malaysian and Comparative Law (JMCL) is a refereed journal published annually by the Faculty of Law of the University of Malaya. It began publication in 1974 with two issues a year, in June and in December. The JMCL accepts and publishes contributions from scholars all over the world. Its articles, in English reflect its dual character as a Malaysian and comparative law journal. Its subject matter and contents, wide-ranging in character, reflect a bias towards Malaysian and Asian laws.

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