Journal of Malaysian and Comparative Law
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Journal of Malaysian and Comparative Law

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Journal Of Malaysian And Comparative Law.

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Articles in this Journal

HINDUISM, THE LAW, AND THE ENVIRONMENT

Hinduism is the third largest, and possibly the oldest religion in the world. It encompasses a rich and diverse array of beliefs, customs, practices, and philosophies. The relationship between Hinduism, the law, and the environment is intr...

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SITUATING NATIVE CUSTOMARY RIGHTS (NCR) TO LAND IN SABAH AND SARAWAK WITHIN THE FEDERAL CONSTITUTION

True to Malaysia’s pluralistic legal system, the natives of Sabah and Sarawak, who constitute a majority in their respective states, enjoy explicit legal recognition of native customary rights (NCR) to lands and resources. However, adequat...

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MUSLIM CONVERTS AND BIGAMY IN PHILIPPINE PENAL LAW: EXPLORING THE FREE EXERCISE OF RELIGION AS A DEFENSE

The Islamic approach to polygyny, i.e., the permission to have more than one wife but not more than four at a time, applies to Philippine Muslims, subject to compliance with the requisites and conditions of its practice under Muslim law as...

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THE CHALLENGES OF MOBILE COURTS IN ENVIRONMENTAL LITIGATION IN NIGERIA

As the world approaches the 50th anniversary of the United Nations Conference on the Human Environment (also known as Stockholm Conference) 1972, attention is focused on developing new frameworks to inspire and guide the people of the worl...

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REVISITING THE RIGHT TO PRIVACY IN THE DIGITAL AGE: A QUEST TO STRENGTHEN THE MALAYSIAN DATA PROTECTION REGIME

The world goes through diverse privacy dilemmas, particularly after the discovery of Information Communication Technologies (ICTs) in the 1960s. It can be argued that such a scenario will continue in the future, as the vast majority of our...

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CAN THE CONCEPT OF ‘JUSTICE’ BE EMPLOYED IN NORTH-SOUTH TRADE TO SERVE THE INTERESTS OF THE SOUTH IN WAYS THAT SUSTAINABLE DEVELOPMENT CANNOT?

This paper examines the issue of how trade, environment and sustainable development has impinged on aspirations of the global South. The paper finds that the existing trade-related environmental measures, particularly several rules and pri...

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LESSONS FROM INDIAN LAW: APPLYING THE NEW PRINCIPLES IN CUBIC ELECTRONICS

The Federal Court’s judgment in Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd has been seen as a watershed moment for the treatment of liquidated damages clauses (‘LAD clauses’) in Malaysia. The longheld noti...

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