SUBMISSION
SUBMISSION
CENTRE FOR RESEARCH
IN LAW AND DEVELOPMENT IN ASIA
2025
Tamadher Hilal Hamed Almaskari
Abstract
The everyday operations of a 21st-century business involve a number of intricate and multifaceted issues. Furthermore, there is a growing push for Sustainable Development (SD) from stakeholders and society at large. It is evident that there are several theoretical and practical interpretations of sustainable development, despite the fact that it is not a novel idea. According to the author's triple bottom line theory, the economic, social, and environmental facets must all be addressed at the same time and are valued equally. This article outlines in detail guidelines to improve the practical and realistic application of sustainable development within the reality of a very complex and constantly changing business setting, while also highlighting the unique obstacles that companies and the developing states encounter.
Keywords: Corporate Governance, Sustainable Development, Integrated Strategic Approach, Ethical Responsibility, Risk Exposure, The Precautionary Principle
Sonia Arania Chandrakumar and Dr. Mogana Sunthari Subramaniam
Abstract
Online Gender-Based Violence (‘OGBV’) against women and girls is a growing concern in Malaysia, mirroring global trends of escalating digital abuse. This paper examines the current Malaysian legal framework addressing offences such as cyberbullying, doxing, online grooming, sextortion, and the non-consensual sharing of intimate images. While recent developments, including the Online Safety Bill 2024 and amendments to existing laws, mark progress, enforcement remains fragmented and inconsistent. Employing qualitative analysis of statutes, case law, international conventions, and academic literature, the paper evaluates legal gaps and compares Malaysia’s approach with those of the United Kingdom and Australia to identify best practices. Key challenges include judicial limitations, cross-border enforcement hurdles, and the lack of victim-centered remedies. Drawing on Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’) and Convention on the Rights of the Child (‘CRC’) principles, the paper proposes gender-sensitive, victim-focused, and technologically adaptive reforms, alongside capacity-building for enforcement agencies and stronger public awareness measures, to create a safer digital environment for women and girls in Malaysia.
Keywords: Online Gender-Based Violence, cybercrime legislation, women’s rights, legal reform.
Deborah Ong Jie En
Abstract
The South China Sea (SCS) remains a geopolitical cauldron, brewing with overlapping territorial claims, contested resources, and strategic rivalries. This paper critically examines the role of the Association of Southeast Asian Nations (ASEAN) and its guiding principle, the ‘ASEAN Way,’ in managing and resolving the conflict. Anchored in consensus, consultation, and non-interference, this approach has long been praised for preserving regional stability; however, it is increasingly criticised for hindering decisive action against external pressures, particularly China’s assertive behavior. Through historical analysis, case studies, and an evaluation of the 2016 Philippines v. China arbitral award under UNCLOS, the paper explores whether ASEAN’s diplomatic framework functions as an effective mechanism or an impediment to resolution. Findings suggest that while the ASEAN Way fosters inclusivity and minimises interstate conflict, it ultimately constrains ASEAN’s capacity to present a unified front, leaving member states to pursue divergent strategies. Consequently, ASEAN’s role in the SCS dispute is limited: neither a clear driver of resolution nor a direct obstacle, but rather a diplomatic framework insufficiently robust to address the complex interplay of sovereign interests, geopolitical tensions, and international law.
Keywords: ASEAN Way, South China Sea dispute, UNCLOS, China's nine-dash line, International arbitration, Geopolitical conflict, Regional security
Muhammad Azril Mikhail Bin Khairul Rizam
Abstract
Malaysia’s rapid digital transformation has introduced algorithmic governance tools, such as AI-assisted policing, centralised socio-economic databases, and online content regulations, that pose novel challenges to constitutional order. This study assesses how these innovations test the rule of law’s core principles of legality, equality, and procedural fairness. Drawing on three case studies, the Pangkalan Data Utama (PADU) database, Section 233 of the Communications and Multimedia Act, and predictive-policing initiatives, they illustrate fractures created by opaque data practices, overbroad regulatory powers, and the absence of independent oversight. In response, the paper proposes a cohesive reform framework comprising constitutional recognition of digital rights, targeted statutory amendments, and the establishment of an independent Digital Constitutional Commission. These measures aim to bolster transparency, accountability, and protection against arbitrary exercise of power in Malaysia’s evolving governance landscape.
Keywords: Rule of law, Malaysia, digital rights, and constitutional reform
Lee Jie Shen
Abstract
Pupil remuneration in Malaysia remains a pressing but under-addressed issue. The Legal Profession Act 1976 (LPA) does not clearly define the minimum wage or benefits to which pupils are entitled. As a result, many pupils are paid minimal amounts, sometimes below the national minimum wage, and are left struggling with the rising cost of living. Without proper legal protection, this lack of clarity allows some law firms to exploit pupils under the guise of fulfilling vague statutory obligations.
This article examines the current legal framework surrounding pupil remuneration in Malaysia and argues that the provisions under the LPA are ambiguous and inadequate. It draws attention to the lack of specific amounts detailing minimum remuneration and the absence of enforcement mechanisms, both of which contribute to ongoing exploitation.
The article explores the idea of legislative reform that would expressly outline a minimum wage for pupils and highlights the efforts that have been made to advocate for minimum remuneration for pupils in Malaysia. Establishing a statutory minimum wage would not only protect pupils from exploitation but also preserve the integrity of the legal profession in the country.
In conclusion, to support this proposal, it includes a comparative analysis with jurisdictions such as the United Kingdom and Hong Kong, where clearer regulations have improved fairness and transparency in pupillage arrangements.
Keywords: Minimum Remuneration, Pupil, The Legal Profession Act 1976 (LPA)