bluuebunny/crossref_metadata_2025 huggingface dataset:
Exchange Rate Management: The Case of Malaysia
Authors: Haji Othman Yusuf , Khoon Goh Soo , M. Mithani Dawood
Published: August 2020

This paper sought to examine whether Purchasing Power Parity (PPP) can become a predictor model for exchange rate. We try to determine whether at least some variant of the PPP-oriented rule may be used in Malaysia as a basis for exchange rate policy. Two methods are used to examine whether longrun PPP holds. The first method is testing whether or not the real exchange rate follows a random walk. The second is the Johansen procedure to test for a long-run relationship between real exchange rate and real economic shocks. It is found that the ringgit real exchange rate follows a random walk, which means PPP does not hold. However, supportive evidence is also seen that there is a long-run relationship between ringgit real exchange rate with current account balance and government spending. The policy implication of this important finding is that some variant of the PPP-oriented rule may be used in Malaysia as a basis for exchange rate policy. Government spending and current account balance can be used as a guide to determine the movement of real exchange rate. The error-correction model shows that real exchange rate, government spending and current account all adjusted to long-run equilibrium. It has a very important policy implication. Fiscal policy, which controls government expenditure, can be used as a tool to manage exchange rate. Measures have to be taken to increase export while at the same time import has to be reduced to maintain the current account balance to be in surplus. This will strengthen the ringgit, thus helping to stabilize the ringgit exchange rate.
Long Memory and Parity Reversion in Real Exchange Rate
Authors: Ismail Abd. Ghafar , Ismail Wahi
Published: August 2020

This paper examines the post Bretton Woods experience of the Malaysian Ringgit. In this period, Malaysia moved from a managed to a floating exchange rate environment.We examine persistence in real exchange rates by estimating fractionally integrated ARIMA models and find evidence of long memory, which induces persistence though this long memory need not be associated with a unit root. The results show that three out of four exchange rates being examined display mean reversion. The long memory process re-establishes the Purchasing Power Parity as a meaningful concept of long-run equilibrium relation between the exchange rate and relative prices.
Mothers' Involvement: Children's Perception of Maternal Childrearing Practices
Authors: Hanafi Zahyah
Published: August 2020

The purpose of this study is to identify maternal childrearing practices (achievement values, monitoring, and discussion) among employed and unemployed Malaysian mothers. Generally, these mothers have similar levels of childrearing practices. They instill high achievement values, conduct consistent monitoring on their children, and carry out regular discussions with them. They only differ in terms of monitoring. Discussion, implications, recommendations, and suggestions for future study are included.
Measuring Poverty in Malaysia: Applications of Distributive-Sensitive Poverty Indices
Authors: Roslan A. H.
Published: August 2020

This paper represents an attempt to seek a better way to measure poverty in Malaysia. Many studies, including government published figures employ the head-count ratio as the index of poverty. However; this measure is a narrow measure of poverty. Specifically, it ignores the distribution of income among the poor, and hence has its limitation. Here, besides the usual simple head-count ratio (H) that was reported in most previous studies as well as in government documents, better poverty measures were employed— the poverty-income gap ratio (I), Sen (S), Clark, Hemming and Ulph Index (P*), and Foster; Greer and Thorbecke (FGT) indices of poverty. These indices introduce a welfare function that is sensitive to the distribution of income among the poor Thus, they provide a richer picture of the nature of poverty and thus could be used for policy design with a greater level of confidence. Furthermore. the FGT index of poverty was decomposed to examine the contribution of different groups to total poverty. These indices were calculated using the Malaysian Family Life Survey (MFLS) data.
Emotional Stability and Perception of Job Security in the Services Sector in Malaysia
Authors: Ahmad Kamarul Zaman , Aliman Nor Khasimah , Ahmad Mahdzan Nurul Shanaz , Kamarudin Maria Azlina , Peng Chow Yee , Nandita Tusha
Published: August 2020

Research pertaining to the perception of job security has focused primarily on attitudinal (e.g. job satisfaction), behavioral (e.g. employee turnover), and health outcomes, while research in the area of emotional stability has largely focused on attitudinal and social consequences. However, there appear to be no reported studies that have examined the relationship between emotional stability and the perception of job security in different industries within the Malaysian context. Data from 255 employees in the information technology, financial services and education industries were collected and analyzed. Results suggest that respondents in the education industry are more stable in the emotional dimension compared to those in the finance industry and that respondents in the education sector perceive job security to be higher compared to those in the finance and IT industries. In all three industries, emotional stability was significantly associated with perception of job security (r=0.403). There is strongest correlation between emotional stability and perception of job security scores in the financial services industry. This suggests that in an industry that is unstable, respondents with higher emotional stability tend to perceive the same environment as more stable than those who have lower emotional stability.
E-Reading in Organizations: Users’ Satisfaction and Preference
Authors: Shiratuddin Norshuhada , Hassan Shahizan
Published: August 2020

This paper defines electronic reading (e-reading) and then continues to discuss the diverse definitions of the main resource of e-reading, which are, electronic books (e-books). It then proceeds to describe the formats and standards of existing e-book initiatives, which are gaining wider interest since the introduction of portable electronic reading devices and software-based readers that provide users with a more realistic book reading experience. Advantages, disadvantages, and problems with paper-based reading are also explained. In addition, a study concerning an evaluation of e-reading satisfaction is described. Three different e-book formats (LIT, PDF, and HTML) were utilised to accomplish the primary aims of the study, which were to identify the most preferred format, associated software-based reader (Microsoft Reader, Adobe Acrobat Reader, Internet Explorer), and the potential of e-reading in the workplace. Based on a proposed preferred index, the results seem to suggest that Microsoft Reader is more preferable when compared to the other two. However, most participants preferred reading on paper rather than on screen. Although this was the case, some participants would e-read depending on resources and situations.
Identifying Parenting Practices: An Initial Step in Setting Up Parenting Program in School
Authors: Hanafi Zahyah
Published: August 2020

The purpose of this study was to identify the levels of parenting practices among Malay and Chinese parents as perceived by their children. A total of 217 students responded to a questionnaire with items pertaining to their mothers’ and fathers’ demandingness and responsiveness practices. Findings revealed most of the Malay and Chinese parents in this study were perceived by their children to be low in demandingness and responsiveness. The only difference reported was between mothers’ and fathers’ demandingness. The response to each item in the demandingness and responsiveness measurement would be a guide to what should be included in the parenting course program. Implications for further research were also discussed.
A Re-Evaluation of the Determinants of FDI in Malaysia
Authors: Abu Bakar Nor `Aznin , Sern Lau Ming
Published: August 2020

This paper examines the key determinants of foreign direct investment (FDI) in Malaysia using time series analysis techniques that address the problem of non-stationarity. Specifically, variables such as trade openness, infrastructure quality, market-size, human capital and natural resource are tested using the ADF and cointegration tests to ensure that the regression is not spurious. In line with several other empirical studies, results obtained confirm that traditional factors such as market size are still dominant factors shaping the distribution of FDI in Malaysia, while the natural resource availability is the only insignificant variable. However, other non-traditional factors such as trade openness, agglomeration and human capital are also greatly increasing in importance, especially during this era of globalisation. Besides that, the complex global integration strategies adopted by multi-national companies (MNCs), which favour the presence of sophisticated and created assets in host countries over most other determinants also play an important role. Therefore, it is crucial that developing countries formulate policies that improve local infrastructure, local skills and build up their human resource capabilities to increase competition for FDI.
A Radical - Transformational Change Through Leadership
Authors: Ahmad Hartini , Francis Arthur
Published: August 2020

This paper is concerned with leadership practices in a radical process change, namely, business process reengineering (BPR). The paper looks at the higher education context, which has successfully implemented BPR in their key processes. The results were taken from three in-depth case studies using the triangulation approach which includes open-ended interviews and use of secondary data. The results had shown six important leadership factors as key drivers to enable process change to happen successfully. Leaders need to be able to practise different leadership approaches or styles based on situations, emphasise on a strategic vision, use effective communications, do reinforcement, give commitment and support, and have leadership qualities. Some suggestions regarding leadership best practices for a radical transformational change are also outlined.
What Drives Brand Equity? The Perspective of Malaysian Consumers
Authors: Mohd Yasin Norjaya , Noor Mohd Nasser , Mohamad Osman
Published: August 2020

Considering the importance of brand equity in brand management and the role played by brand equity in the success of the firm, this study examines the factors that influence the formation of brand equity particularly the equity of brands of household electrical appliances namely televisions, refrigerators and air-conditioners. In the conceptual model of brand equity, the dimensions of brand awareness, brand loyalty, perceived quality, and brand associations are postulated to affect the formation of brand equity. On the basis of an analysis of a survey data of 501 respondents taken from consumers of household electrical appliances in the state of Selangor and the Federal Territory of Kuala Lumpur; this study found that the dimensions of brand equity comprised of three elements, namely, brand distinctiveness, brand loyalty, and brand awareness/associations. These three elements were found to have positive and significant influences on the formation of brand equity of electrical goods.
Trade Openness, Economic Growth and Convergence: Evidence from Selected Asian Countries
Authors: Abdul Karim Mohd Zaini
Published: August 2020

It is argued that countries, which adopt an open economic policy, enjoy faster economic growth than countries which do not, suggesting that "trade openness" can spur economic growth. However, the issue is whether the positive impact of trade openness to economic growth varies across countries. Hence, the objective of this paper is to determine whether the effect of openness to trade on economic growth varies across the region in Asia. To achieve this objective, panel data regressions were employed to estimate the growth equation. Empirical results indicated that "trade openness" does have a positive effect on economic growth and the marginal benefit from improved openness is somewhat higher for East Asian Economies relative to other Asian economies.
A Model for Implementing Accounting Information Systems in Small and Medium Sized Enterprises
Authors: Ismail Noor Azizi , King Malcolm
Published: August 2020

Much have been researched about the issues of accounting and information systems (IS) in small and medium sized enterprises (SMEs), including their link to performance. However, past studies have struggled to show a direct impact of either accounting or IS on performance. Based on a comprehensive review of accounting and IS literature, this paper offers an alternative model to viewing the fit between accounting information systems (AIS) requirements and IS processing capacity, and assessing the link with the performance of SMEs. Using information processing theory as a theoretical foundation, the model offers new insights into the potential factors that influence AIS requirements, types of IT sophistication and its link to IS processing capacity, the fit between AIS requirements and IS processing capacity, and the potential impact of aligning AIS requirements and IS processing capacity on overall firm performance.
THE RIGHT TO ORAL HEARING IN DISCIPLINARY PROCEEDINGS AGAINST PUBLIC SERVANTS: A MALAYSIAN PERSPECTIVE
Authors: Ibrahim Zukiferee , Mohamed Abdul Majid Tahir
Published: August 2020

The decisions of disciplinary authorities in disciplinary proceedings continue to be judicially reviewed on the grounds of their failure to grant an oral hearing to affected public servants albeit there is a well-established principle by the Privy Council in Najar Singh’s case since 1976. Such failure may implicate the deliverance of justice, and affect the reputation and goodwill of the Malaysian government as the major employer in the nation. The constitutional protection of a reasonable opportunity of being heard to public servants under Article 135(2) in the case of dismissal and reduction of rank should be interpreted in the light of the fundamental right to life as enshrined in the Federal Constitution. The purpose of this article is to examine the approaches of the court in determining the right to an oral hearing in disciplinary proceedings against public servants; and whether the administrative decisions of the disciplinary authorities should be subject to judicial review or not. This paper forwarded a submission that the court should adopt a liberal approach in determining the right to an oral hearing in disciplinary proceedings against public servants.
INDUSTRIAL RELATIONS IN A HIGH-INCOME NATION: IS MALAYSIA READY?
Authors: Jamaluddin Siti Zaharah , Taher Mohammad Abu , Yi Ng Seng
Published: August 2020

Industrial relations is one of the most delicate and complex issues in a modern industrial society. Industrial progress is well-nigh impossible without the cooperation of the labour force and the harmonious relationship between employers and employees. Therefore, it is in the interest of all to create and maintain the good relationship between employers and employees. Malaysia, as one of the South East Asian countries, hopes to be a high-income nation by 2024. In order to achieve the status of high income nation, the government of Malaysia has introduced the Economic Transformation Programme (ETP). ETP will help Malaysia to triple its Gross National Income (GNI) from RM 660 billion in 2009 to RM 1.7 trillion in 2020. The status of high income nation is said to be achieved, among others, via innovation, creativity, higher productivity, new technology and the development of a multi-skilled and highly skilled workforce as well as healthy industrial relations. As such, in underlining industrial relations in a high-income nation, this article is an attempt to examine the role of the Malaysian industrial relations of today. It will also portray whether changes are required in Malaysian industrial relations in order to be relevant in a high-income nation.
MISTAKE IN AN ELECTRONIC ADVERTISEMENT: LEGAL IMPLICATION
Authors: Che Hashim Rosmawani
Published: August 2020

It is fundamental that the content of the advertisement must be free from any disputable errors. Otherwise; the owner of the advertisement shall be liable for customers’ claims in regard to its content. Obviously, advertisements, be it traditional or online are exposed to legal repercussion should it fails to comply with the terms as per advertised. This paper discusses the legal implications of such advertisement from a contract law perspective focusing on an electronic advertisement containing price errors. It refers to the area of mistake in contract law and highlights the common law and equitable approaches in dealing with this issue. In addition, it focuses on the Malaysian legal provisions pertaining to mistake in contract law and also the issues of unfair contract terms. This paper adopts content analysis method where the materials used were largely library-based consisting of primary and secondary data. The primary data was gathered from case-law to explain how the legal principles are applied. English cases are the major references considering their high volume of cases on contractual issues. The secondary data was based on published materials, such as textbooks, journal articles, online databases and the Internet. For analysis, this paper applied a combination method of data analysis, namely, descriptive, critical and comparative approaches. The judges’ statements in each case were examined carefully; highlighted loopholes, followed by rational justifications. The findings have established that notwithstanding the common law principle which recognises mistake as a vitiating factor in contract, the application of mistake as a defence in an advertisement containing price error demonstrates divergent approaches by the courts. In addition, a review on the Malaysian legal framework pertaining to this issue reveals that due protection needs to be enhanced in order to warrant justice shall be served to a customer who has an unequal bargain.
KONSEP KEPERLUAN KEIZINAN DARIPADA WALI DALAM PERNIKAHAN WANITA BERSTATUS ANAK DARA MENURUT FIQH MUNAKAHAT
Authors: Hussain Mohammad Azam
Published: August 2020

Fuqaha berbeza pendapat akan keperluan keizinan wali dalam sesuatu akad pernikahan. Persoalan timbul, apakah keizinan daripada wali itu diperlukan dalam pernikahan? Ataupun seseorang perempuan itu berhak untuk menikahkan dirinya sendiri. Artikel ini membincangkan konsep perwalian dari perspektif fiqh melibatkan definisi, dalil syarak, syarat-syarat dan lain-lain yang berkaitan. Berdasarkan karya-karya fiqh klasik, kaedah analisis kandungan dan perbandingan digunakan bagi melihat sejauh mana berlaku perbezaan pandangan antara fuqaha dalam hal ini. Kajian mendapati bahawa, majoriti fuqaha berpandangan bahawa keizinan wali merupakan syarat kepada kesahihan sesuatu akad pernikahan bagi perempuan berstatus anak dara. Dalam kes perempuan berstatus janda, keizinan daripadanya juga diperlukan.
KEPELBAGAIAN DEFINISI DAN PENGGUNAAN SENJATA MENURUT PERSPEKTIF UNDANG­UNDANG DI MALAYSIA
Authors: Abdullah Nor Anita
Published: August 2020

Pistol, senjata api, pisau, grenad, peluru berpandu, rifel adalah antara bentuk senjata fizikal yang mungkin dikenali orang ramai. Meskipun begitu, perkembangan dalam bidang sains dan teknologi serta pertumbuhan yang luar biasa dalam pembangunan manusia telah membawa kepada kemajuan pengetahuan yang meluas dan lebih baik dalam kalangan pakar untuk menghasilkan senjata moden yang lebih berkesan pada masa akan datang. Pada masa kini, senjata fizikal tidak lagi dieksploitasi untuk mengakibatkan kemusnahan dan kerosakan. Sebaliknya, bahan kimia, biologi, radiologi dan letupan nuklear (CBRNE) digunakan untuk tujuan mewujudkan ketakutan yang maksimum, kematian dan kemusnahan orang ramai dan masyarakat. Pada masa yang sama, persepsi orang ramai terhadap senjata juga akan berubah sekiranya mereka memiliki pengetahuan tentang pelbagai senjata dan cara-cara penggunaannya. Oleh itu, artikel ini bertujuan mendefinisikan senjata yang berbentuk konvensional dan bukan konvensional melalui cara penggunaannya dengan merujuk kepada statut-statut yang relevan dan sedia ada di Malaysia. Terdapat juga usaha untuk membincangkan berbagai-bagai jenis senjata melalui kepelbagaian penggunaannya bagi setiap jenis senjata.
CORPORATE GOVERNANCE DEVELOPMENTS IN THE SAUDI ARABIA AND MALAYSIA
Authors: Naif S Algoere Turki , Mohd Ali Hasani
Published: August 2020

In the past few years, there has been an increasing concern over the discrepancy of standards of the corporate governance amongst the developed and the developing countries since they affect their competitive advantages economically. In 2017, Saudi Arabia and Malaysia have amended their codes on corporate governance, in order to promote ethical behaviour, transparency, accountability and investor stewardship. In this paper, the researchers analyse the important features of these new codes of Saudi Arabia and Malaysia. They use a comparative approach to identify the advantages and limitations and also to determine areas for improvement. This paper finds that several transformations were already taking place in both jurisdictions. However, there are many areas that require continuous development, especially those related to the independence of the board, gender diversity problems, and impartiality in the decisionmaking process. The researchers suggest that many recommendations regarding the manner in which the two countries can address the loopholes and thereafter, improve their corporate governance codes in order to be on a par with international standards.
OWNERSHIP VERSUS CONTROL: FAULT LINES IN DIRECTORS-SHAREHOLDERS RELATIONSHIP-SPECIAL REFERENCE TO MALAYSIAN FAMILY BUSINESS
Authors: Abd Ghadas Zuhairah Ariff , Hassan Halyani
Published: August 2020

The structure of family business is unique compared to the non-family business as it combines three elements, namely, family relationships, composition of owners and management structure under the name of the business. This distinctive attribute often give rise to governance issues. Under the conventional concept of corporate governance, directors should act in the best interest of the shareholders. In doing so, the directors’ action is governed by certain rules which specify their duties and these rules are relevant to the shareholders with respect to their rights. Although there are laws which govern the relationship between the directors and shareholders, in certain circumstances there are some latent problems. These hidden problems can be identified as the fault lines in the relationship between directors and shareholders. This article discusses the issues pertaining to fault lines which may arise in a family business due to the complex and overlapping structure between directors and shareholders in a family business. Research methodology applied in this research is mainly doctrinal analysis. Keywords: Family Business, Directors, Shareholders
A COMPARATIVE ANALYSIS OF THE PRACTICE OF THE UNITED KINGDOM AND MALAYSIA IN RESPECT OF FREEDOM OF EXPRESSION
Authors: Ismail @ Nawang Nazli
Published: August 2020

International law, particularly treaties on human rights, has great influence on the development of the right to freedom of expression. The application of international treaties is very much dependant on the constitutions of individual countries and these constitutions to a large extent are dissimilar from one to another. The position in the United Kingdom is relatively unique since the country has no codified written constitution to safeguard the fundamental right to freedom of expression and as a result it was regarded as residual in nature. Nonetheless, the provisions of the international treaties, particularly the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) have altered this position and accordingly freedom of expression has been formally incorporated into the UK law via the Human Rights Act 1998 (HRA). Meanwhile, the international human rights treaties is considered to have less influence in Malaysia arguably since the country has a written constitution (the Federal Constitution) that contains a specific part on fundamental liberties including the right to freedom of expression. Keywords: International law, treaties, freedom of expression.
CONSUMER PROTECTION FOR ONLINE BANKING SCAMS VIA E-MAIL IN MALAYSIA
Authors: Santoso Edy
Published: August 2020

The new advancement in technology both hard and soft is creating new opportunities for cyber criminals. It is an effective tool for going against the law. In the economic sector, the number of Malaysians opting for online banking to do transaction is increasing. There are 9.8 million online banking account holders in Malaysia. However, cases of online banking scams in Malaysia have been increasing since such first case was registered in 2005. Statistics from Financial Mediation Bureau showed that the number of cases had increased. Therefore, the objectives of this paper are to identify cyber scams via email in online banking business model and to examine consumer protection of online banking scams in Malaysia. Keywords: Online banking scam, email scam, phishing website
THE REGULATIONS AND CONTROL OF ONLINE BETTING IN MALAYSIA
Authors: Dhillon Guru , Yih Miin Ng
Published: August 2020

The aim of this paper is to create awareness of the threats of online gaming to Malaysia and the International society in various areas such the involvement of money laundering via online gaming. It also includes suggestions of countermeasures and regulations that could be implemented in Malaysia. The paper will achieve this by having an insight of the accessibility of the online gambling to Malaysians and the law and regulations available in Malaysia to combat and cater the existence of online gambling. Law regulating gambling in general could be found in Betting Ordinance 1953 and Common Gaming House Act 1953. Account of initiatives taken to be taken by the Malaysian government will be in scrutiny in this paper. In addition, a review into the other jurisdictions from United Kingdom, United States and the available international law and regulations on online gambling such as the European Commission Green Paper: Online Gambling in the Internal 2011. Besides, the paper will also be viewing into the legislations of Commonwealth countries such as Australia on the online gaming such as the Interactive Gaming Act 2001. Nevertheless, there will be an in-depth view relationship of money laundering and online gambling. There will be suggestions of possible mechanism to regulate the online gambling activities in Malaysia in order to protect the interest of the people. Malaysia has legislations on gambling which do not specifically touches on online gambling and probably could be revised with new provisions in regulating the new entity, the online gambling. The practical implication of this paper is to emphasise the utmost importance of having awareness and revised strategies against the threat of online gambling which involved the unlimited access of internet and the inevitable necessities of new legislations and control mechanisms by the government authority to curb the peril. This paper could provide
A CRITICAL LEGAL ANALYSIS ON THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY IN THE NEW ISLAMIC PUNISHMENT ACT OF IRAN
Authors: Mohd Yusoff Jal Zabdi , Mousavi Shohreh , Dusuki Farah Nini , Rastegari Behnam
Published: August 2020

The provision for a minimum age of criminal responsibility (MACR) is stated in a number of international children’s rights instruments. The preamble of the United Nations Convention on the Rights of the Child (UNCRC) states that a child, by reason of his physical, mental and emotional immaturity is in need of special safeguards, care and assistance. Despite remarkable improvements in a number of provisions, an examination of the Iran’s laws and regulations reveal that the provision of MACR is currently in conflict with the international instruments particularly the UNCRC. This is despite the fact that Iran is a State Party of the UNCRC since. Furthermore, the Iranian Civil Code expressly provide that the government is to implement the UNCRC provisions as an international treaty. This article critically examines the position of the MACR and punishments of children in the new Islamic Punishment Act of Iran (2013) based on the four Islamic categories of punishments namely Hadd, Qisas, Diya and Ta’zir as enshrined in the new Act. The current article places emphasis on the examination of the issue of MACR in Iran and how effectively it is addressed by the new Act. The nature of this research is doctrinal by examining the new Act of Iran 2013 with a critical legal overview on the Articles relating to children and their impact on the rights of children. Furthermore, it compares the relevant Articles on MACR and punishments of the new Act with the previous abolished Act and the international standards. The purpose is to highlight both the limitations and advancements of the new Act. In the final analysis, this article concludes that despite the improvements in the field of children’s rights in the new Act, it still poses potential risks for the rights of the children in Iran.
SPECIAL MEASURES’ APPLICATIONS FOR VICTIMS AND VULNERABLE AND INTIMIDATED WITNESSES IN MALAYSIA: NEW FRONTIERS TO RIGHT TO A FAIR TRIAL?
Authors: Abdul Ghafar Abidah
Published: August 2020

Special treatment for victims and vulnerable and intimidated witnesses (VIWs) in a criminal process has developed over time in Western countries. The development of rights of victims’ and VIWs and awareness on their needs and interests in pre-trial process and court proceedings has initiated the use of special measures’ application. In England and Wales, some measures to lessen stress and trauma of such witnesses undergoing a criminal process were introduced into the legislations. Yet, as many other Asian countries, Malaysia developed her victims’ policy only in 1990s and issues relating to the protection of VIWs were raised within the criminal justice system just recently. The tendency to put the standpoint into practice in the Malaysian legal system is demonstrated in the establishment of the Evidence of Child Witness Act 2007 (ECWA 2007) and the amendment of Section 272B of the Criminal Procedure Code. On the other hand, it is also arguable that special measures’ applications for victims and VIWs will erode the right of defendants to a fair trial. This article aims at evaluating the current position of victims’ and VIWs’ rights and legal protection in the Malaysian criminal justice process. It elaborates on the rights of victims and other VIWs to special measures’ applications in pre-trial process and court proceedings. Special measures such as live TV-link, screens, removal of formal attire, intermediaries and visual aids communication are potential to accommodate victims’ and VIWs to give testimony in court. The use of video-recorded evidence is also evaluated as one of the means to facilitate traumatized victims and VIWs to give evidence and testimony. The possibility to enhance the use of special measures’ applications as one of the ways to advocate the right to a fair trial of victims and VIWs, without eroding the rights of the defendants, is also highlighted in this article. Keywords: Vulnerable, intimidated, special measures.
A Critical Appraisal of China’s ‘Four Comprehensives’ Grand Narrative
Authors: Garrick John , Bennett Yan Chang
Published: August 2020

In China today,President Xi Jinping’s new grand narrative is framed by the widely publicised ‘four comprehensives’ (四个全面; ‘sigequanmian’). This narrative aims to : 1.build a moderately prosperous society; 2. deepen reform; 3. govern the nation according to law, and 4. tighten Party discipline. It is essentially a political narrative that tells a moral tale that legitimizes and glorifies the virtues of the present. It also attempts to shrug off mistakes of the previous dynasty. Drawing on the legal disciplines of economic law, international comparative law and the a priori analytic method of legal narrative analysis, this paper provides a critical appraisal of the ‘four comprehensives’, paying special attention to how the four principal strands of the narrative shape the directions of China’s socialist rule of law reforms and governance. Key words: Chinese law reform; four comprehensives; 四个全面; sigequanmian;socialist rule of law;legal narrative analysis; economic-law nexus, South China Sea.
The Legal Critical Literature Review
Authors: Nuruddeen Muhammad
Published: August 2020

This paper explains the legal critical literature review in the critical context of the logic of scholarship. The paper asks what makes a critical literature review effective in research. It suggests that critical literature reviews are effective in research when they more easily allow the identification of research gaps, in the specified context. The methodology employs cumulative synthesis from the relevant materials, following Bentham’s ideas on synthesis, that analysis opposes both generalization and synthesis. The paper begins its argument by outlining the nature of a critical literature review. Then, it proceeds with a review of key terms required by the writer. Following this essential background, the paper discusses literature gaps and literature search methodologies. Then it moves on to the ideal format of a critical literature review. Finally, argument deals with the purpose of a critical literature review and techniques for writing the critical literature review. A legal critical literature review will be maximally effective when it sets a correct context for research, identifies fallacies in the scholarship in order to discover research gaps, and then forms this outcome into a central research question. Keywords: legal critical literature review, research gaps, fallacies, research question.
THE ABORIGINAL PEOPLES ACT 1954 AND THE RECOGNITION OF ORANG ASLI LAND RIGHTS
Authors: Wook Izawati
Published: August 2020

The prevailing view about the Orang Asli’s occupation of land and access to forest resources are that they are ‘privileges’ extended by the states or at the governments’ discretion. It is widely believed that the Orang Asli live on the State land as tenant-at-will. This paper proposes to examine the position of the Aboriginal Peoples Act 1954 (Act 153) (the APA) and trace its historical background. It takes both historical and doctrinal approaches in the legal research methodology. Situated within this historical background, the principle that developed from it and the position of the laws, the paper argues that under the principle of respect to the rights of the existing inhabitants, the law recognizes the rights of the Orang Asli to their land and resources that arose from their custom and practice. The APA establishes a framework to recognize and protect these rights. There is no legal basis for the perception that the Orang Asli live on the State land on the benevolence of the State. Keywords: Legal history; Aboriginal Peoples Act 1954; Indigenous peoples; Orang Asli; Peninsular Malaysia.
Extending The Scope Of Proprietary Remedies To Recovery Of Pure Profits From Successful Investment Of Bribes: The Endgame In Lister V Stubbs
Authors: Mohd Sulaiman Aiman Nariman , Hingun Mohsin
Published: August 2020

For more than a century Lister v Stubbs (1890) 45 Ch D 1 stood as authoritative Court of Appeal judgment denying the recovery of profits acquired from the successful investment of gains obtained in breach of fiduciary duties. The rule was rationalized on the basis that while the claimant was entitled to the proceeds so unlawfully obtained, he lacked any form of proprietary title to the profits accumulated by the defaulting fiduciary. The harsh reality of the rule produced an unfair outcome to the claimant and the Privy Council refused to apply it in Attorney-General for Hong Kong v Reid [1994] 1 AC 324. The rule also fell out of favour in other leading commonwealth jurisdictions and recently the English courts at all levels had the opportunity to reassess its relevance when the Supreme Court in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] 4 All ER 79 consigned it to oblivion. The objective of this paper is to analyse the merits and the deficiencies of the rule and show how the judges of the English courts were prepared to act on policy ground, in comity with other common law jurisdictions in upholding justice in a borderless world. Keywords: breach of Fiduciary duty; Accounts of profits; Proprietary interests; Recovery of pure profits.
The Dichotomy of the Legal Status of Sexual Minorities: A Critical Analysis of Judicial Trends across the Globe and India
Authors: Brar Smiriti , Dutta Sweenab
Published: August 2020

The ever-controversial issue of sexual minorities and homosexuality has remained contentious since the very term was introduced, primarily because it has been seen as unnatural and does not correspond with what society as well as the legal norms prevailing in the society, define as ‘normal’. It becomes imperative to briefly examine the development of the laws governing these populations and their impact on the societies’ evolving attitudes towards homosexual relationships and transgender, to show the progress of the gay liberation movement and its effects on formulation of the laws in the society. Aside from the judgment of the heterosexual world, many myths about homosexuality have been imagined. Thus, with this backdrop on the issue at hand, the authors aspire to analyze and attempt to unveil these myths, arguing about the welfare and protection of these classes of individuals who fight a daily battle to secure their identities in the society we dwell in. The authors strive to comprehend the legal status of the LGBT communities across the globe and compare their plight to that in India, to critically analyze their legal rights and interests and ensure the level of implementation in the various regimes, to comprehend the various judicial measures that have been undertaken to safeguard the very existence of such communities, and conclusively enunciate the various lessons that could be learnt from the ongoing judicial trend and how the same may be put in application considering the Indian modus operandi. The authors aim to dig deep into the concerns where these aversions in relation to homosexuality can be reversed and the society could evolve as broad-minded, understanding the concerns of such persons who live under the constant apprehension of being ‘found out’ and the various forms of discrimination and atrocities that they have faced and are still facing under the present Indian legal regime. Keywords: sexual minorities; homosexuality; legal status; judicial trends; India
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
Authors: Ekpa Shedrack , Md Dahlan Nuarrual Hilal
Published: August 2020

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)
Authors: Abdul Malik Muhammad Naguib
Published: August 2020

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.
TRADE UNION RECOGNITION IN MALAYSIA: LEGAL ISSUES
Authors: Abd Razak Siti Suraya
Published: August 2020

In Malaysia, the Federal Constitution protects the worker’s enjoyment as to freedom of association, in particular, the right to form and join the trade union. However, due to security purposes, various restrictions have been imposed on trade union activities. The recognition process is currently showing a decline in the number of recognition awards due to the government’s policy. This paper examines the legal issues and challenges confronting the trade union in the recognition process in Malaysia. This study adopted the qualitative approach to analyse the statutory procedures and cases relating to the issue. Interviews were conducted with the Department of Industrial Relations, Malaysia and the Department of Trade Union Affairs, Malaysia to obtain their opinion on the recognition process. It is suggested that the Malaysian government should abolish the employer’s recognition; provide a statutory definition on the managerial, executive, confidential and security positions; establish an independent administrative trade union board and ratify the Convention Concerning Freedom of Association and Protection of the Right to Organise Convention No. 87.
IMPLEMENTATION OF NON-DISCRIMINATION IN RESPECT TO DETERMINE THE APPROPRIATE POLICY FOR DEALING WITH INTERNATIONAL TRADE
Authors: Widijowati Dijan
Published: August 2020

International trade is an activity involving the exchange of goods and services across national borders. International trade is strongly influenced by the harmonization of political, legal, social and cultural rights owned by respective countries. A number of principles have been formulated and enforced to prevent and resolve disputes arising from international trade, one of which is the principle of non- discrimination. In practice the existence of the principle of non-discrimination often cannot be implemented, because it runs contrary to the policies of each country which is to protect its own interests. Based on the background of the problem that has been described, three subject matters were identified: 1. How can the principle of non-discrimination be applied in international trade? 2. How can appropriate legal policies in dealing with the negative impact of international trade be determined? 3. How can expected disputes on international trade be resolved? The method used in this study was the normative juridical approach to literature. Studies have properties that descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected by means of a literature study to support the object of assessment. The results of the assessment conducted revealed that the principle of non-discrimination in international trade cannot be directly applied. Although there is a variety of policies whether committed by the government or society which indirectly consider the principle of non-discrimination internationally, the principle of non-discrimination can only be applied if it can support and protect the interests of concerned parties.
THE LEGAL ASPECT OF INDUSTRIAL RELATIONS PRACTICE IN BANGLADESH
Authors: Chowdhury Tasnuva Mahbub , Rahel Mohammed
Published: August 2020

The role of labour and industrial laws is of paramount importance when the economy of a country depends largely on its industrial sector. In addition, the necessary infrastructure for investments in natural resources is also important. It is clear that if these essential elements are not available then the growth of the industrial sector is hardly feasible. Besides all these, the proper management of labour is essential for the growth of the industrial sector including managing labour issues. Thus timely disposal of labour disputes is also important. However, in most cases labour law disputes are not solved within a short period of time causing remedies which are essential for these disputes to be delayed. Labour laws are important from the Bangladesh perspective as it is crucial for the industrial development of the country. Labour is an important part of an industry and as such an industry without labour would be inconceivable. Although labour rights are crucial in Bangladesh, employees are ignorant about their rights as they do not have adequate education and knowledge about labour laws. This is a huge problem. This paper aims to narrow the gap between existing laws and the real scenario relating to industrial practices in Bangladesh.
Introductory note
Authors: Rendtorff Jacob Dahl
Published: August 2020

With this Special Issue of Nordicum-Mediterraneum we are proud to publish some of the papers that were presented at the Summer Session of the Nordic Summer University at Sunnmøre Folkehøgskule in Ålesund, Norway from July 29 to August 5, 2013 in the NSU research circle “Towards a New Ethical Imagination. Political and Social Values in a Cosmopolitan World Society”, 2011-2013.
金属材料热处理变形的影响因素及控制策略
Authors: 贺 军
Published: August 2020

近年来，我国综合国力在多方面利好因素的影响下取得了良好的发展壮大，从而为各个领域的进步创造了良好的机遇。金属材料热处理这一工序，通常都是被人们引用在原材料的加工工序之中，借助金属材料热处理能够有效的增强金属材料的综合性能，将金属材料进行更加高效的运用，从而满足人们对金属材料的需要。在将热处理技术切实的引用到金属材料加工制造领域之中的时候，其作用就是为了提升金属材料的性能，从而为社会经济的发展给予良好的支持。但是，在运用热处理这一工艺来进行金属材料的加工的时候，金属材料通常会发生形变的问题，这样就会对金属材料的使用效果造成不良影响，鉴于此，这篇文章主要围绕金属材料热处理变形的影响因素展开全面分析研究，希望能够对金属材料热处理工艺的健康发展有所帮助。
公路与桥梁混凝土的施工温度与裂缝防治
Authors: 杨 胜 , 赵 阳
Published: August 2020

在当前时期，国内经济呈现出较快的发展态势，在此背景下，公路工程的受关注程度提高了很多。从当下公路工程施工的现状来看，采用的施工技术是较为成熟的，混凝土裂缝的防治成为了关注的重点，相关的标准要求提高了很多。混凝土施工过程中存在的质量问题是较多的，而混凝土裂缝则是较为常见的，导致问题出现的原因主要是施工工艺、自然气候等方面产生的影响，因此说，施工单位必须要针对浇筑工作予以有效监管，确保每个环节均处于监控中，如此可以使得裂缝隐患能够得到切实消除，施工质量能够有大幅提升。文章主要针对公路工程施工过程中，如何对混凝土裂缝发生予以解决展开深入探析，以期寻找到切实可行的应对之策。