Law & Paneir

The aspiration and path of Martin Lurther King and Mahatma Ghandhi finally fulfilled in USA. Race liberalisation and non colour thoughts randomly changed for past few decades. This election has proven that USA is taking a big step. A black President had finally stepped in Oval Office. But for me that 'black' notion should be eroded all together for once for all. Look at his ability and capability to take out USA and the world from this deep rescission. But presumably the world still associate with him with his colour. New hope....the world look at him as its hope. But people still sceptical about him based on his colour, race and upbrings. For me it's does not matter. Why? We cannot judged a person by this. It's totally wrong and unacceptable. We i.e the world need this change. if you look around the world things very much in conservative approaches. We need fresh air and thoughts to change for the benefit of all not a person and a country.

By Makau Mutua On July 17, 1998, a total of 120 countries adopted the Rome Statute of the International Criminal Court, a permanent tribunal that will investigate and prosecute individuals accused of crimes against humanity, genocide, and war crimes. The United States led seven countries - including Israel, China, and Iraq - in voting against the International Criminal Court. Since then, the US has engaged in a wicked campaign to undermine and destroy the court. What is the International Criminal Court and why is the US, the sole superpower, intent on dismantling it? There is no doubt that the 20th century was one of the bloodiest, with states committing the most abominable atrocities ever known to humanity. While the century closed true to form, it saw the creation of the long elusive international criminal tribunal, a body that may hold accountable the most egregious of human rights violators. An overwhelming number of states have supported the creation of the International Crimina...

Why the United States Is So Opposed? By Paul W. Kahn Introduction The opposition of the United States to the International Criminal Court appears as either a puzzle or an embarrassment to many of the nation's traditional supporters. A puzzle, because it is not at all obvious why the United States should feel so threatened by this new court. Supporters of the Court point out that there are ample provisions in the Rome Statute designed to protect a mature democracy's capacity to engage in legal self-regulation and self-policing. To raise the specter of an irresponsible prosecutor before the ICC, or of other nations manipulating the Court's jurisdiction for anti-American political purposes, is to create a straw man. An embarrassment, because the United States appears to be exempting itself from rules of the game that it believes should apply to others. This is singularly inappropriate when the game involves allegations of crimes against humanity, genocide and war crimes. The ...

It has taken many years of negotiations, but on next Wednesday, 25 November 2008, the people of Greenland will finally get the opportunity to decide in a referendum whether the current system of self-administration under the Kingdom of Denmark, should extend to autonomy also in determining economic and foreign policy, and gradually in complete independence from Denmark. Greenland is the largest island in the world, but its northerly location means that is very isolated. Although large in size, it is still colonized by Denmark, the largest remaining European colonial power. The answer to the issue of potential independence of Greenland appears straightforward from international law point of view. Even though Greenland has had a home-rule government under Denmark, like the Faroe Islands, it appears that is time for people of Greenland to exercise their right to self-determination under ICCPR and other international documents and to decide freely on future of their country. The United Na...

Contributed by Roger Tan RIGHTS OF ASSIGNORS AND ASSIGNEES TO SUE UNDER AN ABSOLUTE ASSIGNMENT AND ASSIGNMENT BY WAY OF CHARGE USED AS A SECURITY FOR LOAN Introduction If a borrower acquires a property in which the individual title deed has not been issued and he intends to obtain a loan by using the property as a security, the financier will require the borrower to assign all his rights in the sale agreement with the developer/vendor in favour of the financier with notice of assignment to the former. Likewise, a creditor can obtain a loan by assigning all his rights over a debt to the factor by giving notice of assignment to the debtor. These assigned rights are also known as “choses in action” which simply means things recoverable by action as opposed to a “chose in possession” which entitles a person to have actual physical possession. In the words of Channell J in Torkington v Magee [1902] 2 KB 427 at 430, the expression “choses in action” means “all personal rights of property w...

By Alice Erh-Soon Tay Since the end of the Second World War, numerous new, independent states have been created, springing from the former colonies in Asia. Originally applying to Europe, the words of Defoe and the 19th century quip are also timely reminders to the Asian states seeking in recent decades national identity and cultural uniqueness. So what is "new" about Asian nation-building and identity-seeking in the years following independence? There are several significant contexts in which they arose and which drove their course of development. These contexts have to be visited and given their place if we are to explain or seek to explain, how "Asian values" come to be used as a defining feature of present-day Asian societies, what they consist of and how they relate to the role of the rule of law in Asian societies. For most of the East Asian leaders the argument is as much about economic priorities as it is about treatment of subjects, people and peoples. ...

Abolish ISA Movement or Gerakan Mansuhkan ISA (GMI) was informed that four Indonesians who were detained under the Internal Security Act (ISA) for alleged links to international militant Jemaah Islamiyah (JI) and Darul Islam (DI) were released on 4 August 2008 and deported to Indonesia on 15th August. They are: i) Shahrial Sirin (Alleged JI): six -year detainee ii) Abdullah Minyak Silam (Alleged JI): six- year detainee iii) Zainuddin Suharno (Alleged DI): two- year detainee iv) Jaki Hamid (Alleged DI): two- year detainee v) Shahrial Sirin (Alleged JI) and Abdullah Minyak Silam (Alleged JI) Four were arrested in 2002 for suspected links to terror groups and served six years of detention in Kamunting without trial. The other two were arrested in 2006 for suspected links with terror and robbery. GMI welcomes the release of the four as they have not been proven guilty by any open court in Malaysia . We believe that the release of the four is the result of the persistent and continuous camp...

It's quite long that i did not penned down any comments. Sometimes i felt under duress or most of times i felt confused. Why? As a learned person i trying to undersatnd the mechanisms of law. As a person who upholds the rule of law and abides the law, I really confused. When i look at the world at large the creation of law is to satisfy the needs of a individu rather than to protect the people. I further in dilemma. What should i do? Should I just ignored what had been taught to me since my childhood or feel helpless that you actually cannot acheived anything. What am i want to acheive? What are my dreams? Whether my dreams are senseable? Do I need to please someone to fulfill my dreams? Martin L King and Mahatma Ghandhi. Why they died? What they had acheived? Whether their principles are followed? And What are they up to? So many questions. Still finding for answer. But I always have a hope. It's a singular. I know. That's the nature will always takes the good and eliminat...

Jurisdictional conflict between Islamic law and Civil laws in Malaysia A Review of the Judg,emt pf the Federal Court in Latifah Bte Mat Zin v Rosmawati Binti Sharibun by A L R Joseph, MA, LLBof Gray’s Inn, BarristerAdvocate & Solicitor(Malaya & Singapore) 1. Introduction In Malaysia, Muslims are governed, in (“substantially”) personal law matters, by Islamic law as set out in the various state Islamic law administration statutes. The High Court of Malaya and the High Court of Sabah and Sarawak do not have jurisdiction in respect of any matter within the jurisdiction of syariah courts. However, long before 10 June 1988 (when Article 121(1A) was created by amendment – Act A 704) a historical and embarrassing problem that civil courts faced in the Malay States (Tanah Melayu) was to be found in the the well-established assertion (to quote Thorne J in Ramah binti Ta’at v Laton binti Malim Sutan) that: ‘[Muslim law is not] a question of foreign law at all, bu...

To enable the Bank to meet the objectives of a Central Bank, it is vested with comprehensive legal powers under the following Legislation to regulate and supervise the financial system. These legislation include :- 1. Central Bank of Malaysia Act 1958 (Revised 1994) The Act provides for the administration, objectives of the Central Bank. It also enumerates the powers and the duties of the Central Bank in relation to issuance of currency, maintenance of external reserve, authorized business of the bank, specific powers to deal with ailing institutions, its relationship with the Government and financial institutions. The Act also contains general provisions on the Bank's accounts, powers to compound etc. 2. Banking and Financial Institutions Act 1989 (BAFIA) The BAFIA which came into force on October 1, 1989 provides for the licensing and regulation of institutions carrying on banking, finance company, merchant banking, discount house and money-broking businesses. It also provides fo...

BY Dr.S. Sothi Rachagan and Susheela Nair Like most ex-colonial territories, Malaysia emerged from colonial rule with laws identical in most aspects to that of the colonising country. This was so especially in relation to mercantile law. Sections 3 and 5 of the Civil Law Act 19561 provide for the reception of English common law and statutes in areas of mercantile law where there is no Malaysian statute. However, the law to be imported is the law "as would be administered in England in the like case on 7 April 1956 [the date the Act first came into force] if such issue had arisen in England". Unless the Malaysian Parliament enacts new laws or amends those inherited at the time of independence, the English law as at 7 April 1956 will apply Two statutes of great significance in consumer purchases are the Contracts Act 1950 and the Sale of Goods Act 1957; both are part of private law. The roots of both these statutes can be traced to the English 19th century ideal of equal barga...

Background Since the 1970s Amnesty International has raised serious concerns that fundamental human rights enshrined in the Malaysian Constitution and international human rights law are threatened by the Internal Security Act (ISA), which allows indefinite 'preventive' detention without trial, and by a broad array of other laws restricting rights to freedom of expression, assembly and association. Many of these laws were inherited from the British former colonial government and subsequently tightened incrementally. Their application has been both politically-motivated and selective, with those targeted including political or social activists, academics, students, journalists, trade unionists and other peaceful members of civil society perceived by the government as threats. Students and academics under threat Malaysian students and academics wishing to engage in political activities face severe restrictions under the Universities and University Colleges Act (UUCA). Accordi...

The ISA was originally enacted by British colonial authorities in 1960 during a national state of emergency as a temporary measure to fight a communist rebellion. The ISA allows the police to detain any person for up to sixty days, without warrant or trial and without access to legal counsel, on suspicion that “he has acted or is about to act or is likely to act in any manner prejudicial to the security of Malaysia or any part thereof or to maintenance of essential services therein or to the economic life thereof.” After sixty days, the minister of internal security (formerly the minister of home affairs) a post currently held by the prime minister, can extend the period of detention without trial for up to two years, without submitting any evidence for review by the courts. Such two-year detention orders are renewable indefinitely. While the ISA does allow for review of all detentions by a nominally independent Advisory Board, the recommendations of the board are non-binding. The Advi...

Article 5. Liberty of the person . (1) No person shall be deprived of his life or personal liberty save in accordance with law. (2) Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him. (3) Where a person is arrested he shall be informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice. (4) Where a person is arrested and not released he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate's authority: Provided that this Clause shall not apply to the arrest or detention of any person under the existing law relating to restricted...

August 26th come and goes. As widely expected Anwar Ibrahim has won the election. He is very quite now. The other side is making a lot of movements. People are watching. Climate is changing. From Johor to Perlis and from Sabah to Sarawak, the nation political climate is changing very drastically. Anwar Ibrahim keeps on saying that he will takes over the goverment and other side is still denying. We as the citizens of Malaysia are watching this melo drama. This what Tun Mahathir had said in his blog on 5/12/08, 'When the opposition did very well in the 2008 elections, foreign observers talk about a wind of change in Malaysia; about how racialism had been rejected, how Anwar, their favourite would soon take over the Government.' Source: http://www.chedet.com/ Interesting. Very thoughtful. Where are we heading too? Are we too afraid to face the challenges which are forthcoming? Confusing, right? Feel unsecure, right? Are we planting the political landmines which will be detriment...

The “naturalistic turn” that has swept so many areas of philosophy over the past three decades has also had an impact in the last decade in legal philosophy. Methodological naturalists (M-naturalists) view philosophy as continuous with empirical inquiry in the sciences. Some M-naturalists want to replace conceptual and justificatory theories with empirical and descriptive theories; they take their inspiration from more-or-less Quinean arguments against conceptual analysis and foundationalist programs. Other M-naturalists retain the normative and regulative ambitions of traditional philosophy, but emphasize that it is an empirical question what normative advice is actually useable and effective for creatures like us. Some M-naturalists are also substantive naturalists (S-naturalists). Ontological S-naturalism is the view that there exist only natural or physical things; semantic S-naturalism is the view that a suitable philosophical analysis of any concept must show it to be amenable to...