Stateless persons are categorised as de facto or de jure. The de jure stateless person has convention rights assured by virtue of the provisions within the Stateless Persons Convention 1954. As such international law comes to the aid of the de jure stateless person. The de facto stateless person however is not similarly protected by any convention. Although there is mention of inclusion of de facto statelessness in the Stateless Persons Convention 1954 and the Reduction of Statelessness Convention 1961, this inclusion of de facto statelessness is located within the Final Acts of both conventions and is therefore non-binding. There is in fact no clear definition of who a de facto stateless person is. Nevertheless, regardless of whether a stateless person is de facto or de jure, the consequences of statelessness are indeed grave. In Malaysia there are communities that have de facto stateless persons in their midst. These communities include the stateless children of Sabah, the undocumented Orang Asli and Indians in Peninsular Malaysia amongst others. Traditional approaches to de facto statelessness have been more inclusive compared to the more recent attempts at defining this category of statelessness. The contemporary exclusive approach leaves quite a few groups of de facto stateless persons out of this category of statelessness and as such they do not fall within the purview of international law. The paper examines both traditional and contemporary approaches to de facto statelessness within the Malaysian context and provides justification for a more inclusive definition of de facto statelessness, thereby allowing more stateless persons within a municipal system to benefit from international law protection.
Keywords: stateless; de facto stateless; de jure stateless; refugees; jus sanguinis
Most of the International Sale contracts are formed by electronic means of communication in today’s international business and trade. Sharp development of modern electronic communication technologies provides a challenge to the traditional rules of contract law. Formation of contract in international sale is similar to the rules of traditional contract formation rules. Application of the provisions of the UN Convention for the International Sale of Goods 1980 (CISG) are analysed in this article in relation to the usage of these methods of electronic communications technologies. The different approaches to the time and place of contracting as well as the formalities required are discussed and applied in this context. The research has discovered that the CISG forms a coherent body of uniform contract law in international sale world-wide, well suited to deal adequately with the modern electronic communications technologies.
Keywords: CISG, international sale, electronic communication, formation of contract, Dispatch Theory.
ROLE OF TRADE UNION IN IMPROVING THE OCCUPATIONAL HEALTH AND SAFETY OHS CONDITION IN THE RMG INDUSTRY IN BANGLADESH
Mary George, Farzana Yeasmin Mehanaz
Ready-Made Garment (RMG) industry in Bangladesh has started its rapid growth since the 1980’s establishing itself as second highest exporter of RMG products in the world. This industry has made a substantial contribution to the economy of the country by creating employment opportunity for approximately above four million workers of which mostly women. However, working conditions in this vital sector are poor. RMG industries fall short of OHS compliance in relation to the labour practices that ensure the social welfare of their employees. This article investigates the current status quo on working conditions in RMG sector and the failure of its existing labour laws. It will examine three different authorities (Bangladesh Garment Manufacturers and Exporters Association (BGMEA), The Government and its relevant agencies and International buyers and brand retailers) who shall be responsible for any shortcoming of maintaining the rules and practices in the RMG industries in Bangladesh. Further, it will discuss the reason behind the major incidents and will provide probable solutions towards improving the situations in the RMG industry in Bangladesh.
Keywords: RMG, Occupational Health and Safety, BGMEA, ILO, Fair Labour practices, Working environment, Labour Law.
The implementation of Islamic law in Malaysia has many times been questioned and challenged. The Islamic authorities and scholars are not only faced with criticisms with regards to its implementation and enforcement locally but also internationally. There are two clear examples whereby the implementation of Islamic law through Shariah court has been negatively criticized by the public namely the case of Lina Joy and the recent case of Indira Gandhi. It is pointed out that globalization has played a major role in causing an uproar relating to Islamic law in a secular state. The purpose of this paper is to understand the relationship between globalization and Malaysia. In doing so, the paper will highlight the consequences of globalization focusing on the issues of migration, education, culture and human rights groups. This paper will highlight that these issues (amongst many) are the cause of tension between the non-muslims and the Islamic authorities. By understanding the root of the problem, this paper will seek to propose solutions in clearing the negative perceptions on Islamic law.
Keywords: Globalization, Islamic law, Migration, Education, Culture, Human Rights, Conversion.
CONTRACTUAL OBLIGATIONS IN THE PASSING OF PROPERTY FOR SALES OFBULK GOODS UNDER MALAYSIAN LAW: THE ROLE OF EQUITY
Assaduzzaman, Neoh Joon Kee
A contractual obligation requires both buyer and seller to make payment for and to deliver the goods, respectively. Failure to comply these obligations by either party, principle of equity requires that the other party is able to compel the party found to be in non-compliance to accomplish the same. Similar obligation is to be observed in relation to the sale of property in goods which requires failure to transfer the ownership has to be remedied. Malaysian law requires the delivery of property in goods to the buyer, failure to do so the buyer may sue the seller for damages for non-delivery. However, there may be situations where both parties performed their obligations respectively but neither payment nor property in goods is recoverable. This paper is going to examine whether existing law provides any remedies relating to the above issue or equitable principle shall be applicable in providing the remedies.
Keywords: Ubi jus ibi remedium, Sale of Bulk Goods, Role of Equity, Contractual Obligations, Passing of Property.