The tobacco epidemic is one of the world's most serious public health threats, killing more than 8 million people each year. More than 7 million of those deaths are directly related to tobacco use, while approximately 1.2 million are related to non-smokers being exposed to second-hand smoke. The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) was adopted by the WHO to control tobacco consumption and provide protection to society from being exposed to tobacco smoke or better known as second-hand smoke (SHS). A smoking ban in public places has been widely implemented across the globe. However, the implementation of the smoke-free law has been challenging for many countries as it is said to impeach constitutional rights areas. In Malaysia, the enforcement of the smoke-free legislation in January 2019 has sparked outrage among smokers as they alleged the smoke-free law is unconstitutional and against human rights. This article also finds that Malaysia needs to be proactive in implementing effective measures to secure public health because tobacco control is a major issue that requires stronger state action which if it fails, the government can be accountable for not protecting individuals' right to health comprehensively.
The emergence of the Covid-19 pandemic has had a massive social and economic impact all over the world. The conventional methods of logistics, shipping, and delivery of goods are crucial in the economic chains. The use of commercial unmanned aerial vehicles (UAVs) for shipping and delivery has been viewed as an innovative approach and business strategy for the logistics company. Commercial UAVs in shipping and delivery might be a novel and effective delivery technique in logistic services, especially for small parcels, and could be extended to medical supplies. However, due to the rigidity of laws and regulations in providing the right of way and other infrastructures to commercial UAVs, UAVs in shipping and delivery appear to be unwelcome in Malaysia. This article is based on doctrinal research and seeks to analyze the regulatory pattern of the doctrine of navigability of low-altitude airspace for the shipping and delivery of UAVs in Malaysia and other selected countries. Moreover, this article also further highlights the various secondary sources of laws from the various authors to view their standing on the navigability concept of UAVs in shipping and delivery. This article recommends the segregation of the low-altitude navigable airspace for UAVs to resolve the conflict of interest between the proprietor’s airspace and the navigable airspace of manned aircraft and further suggests other infrastructures for the expansion of UAVs in the logistics sector.
The development and innovation of unmanned aerial vehicles (UAVs) or drones especially in the commercial arena are predicted to give a positive impact on socio-economic growth in Malaysia. Malaysia has been chosen in this discussion to evaluate the development of UAV laws and initiatives by Malaysia's Civil Aviation Authority to uphold commercial UAVs in line with the International Civil Aviation Organization's (ICAO) mission to provide the fundamental international regulatory framework through Standards and Recommended Practices (SARPS) in addressing UAVs. Nevertheless, the existing laws in Malaysia regarding the right of way and right to use low-altitude airspace did not offer much for commercial UAVs due to the ad coelom principle. The right to use airspace for commercial UAVs shall be the first and major concern in moulding the UAV laws. This article is aimed to analyse and evaluate the relationship of the ad coelom principle with the laws available in Malaysia which might honour the right to low-altitude airspace for commercial UAVs. This article adopts doctrinal research by referring to the available laws and regulations in Malaysia to see the integration of the ad coelom principle with the right of way and right to low-altitude airspace for commercial UAVs. The concept of ‘avigation easement’, ‘drone corridor’, and ‘drone-port’ could be the best solutions in determining the right of ways for commercial UAVs to reflect the ad coelom principle. Therefore, the Civil Aviation Authority of Malaysia (CAAM), the Federal government, all States, municipal councils, and private individuals shall be ready to draw zoning of airspace horizontally or vertically without neglecting public rights and breaching other laws. This is to realize the CAAM mission for the integration of Air Traffic Control (ATC) in controlling the navigable airspace of manned aircraft which is to be extended to the UAVs by the year 2035.
The well-being of children is a major concern that the public need to be aware of. Health and environment play crucial factors in contributing to children’s development. However, tobacco smoking is one of the ‘diseases’ that has been a concern to many especially secondhand smoke which is a threat not only to adults but also to children. There are almost 7 billion people who die from tobacco smoke while 1.2 billion non-smokers die due to secondhand-smoke (World Health Organization, 2022). The objective of this research is to examine and analyze the extent to which Malaysian law shields children from exposure to tobacco smoke. Thus, this article adopts a doctrinal research by referring to several legislations available in Malaysia as well as the international conventions and treaties to highlight the inductive analysis of this research.
The development of agriculture in Malaysia is expanding from conventional methods to the latest technology of unmanned aerial vehicles (UAVs). The potential of the operation of UAVs in the agriculture sector in Malaysia has enforced the Civil Aviation Authority Malaysia (CAAM) by the power given in the Civil Aviation Act 1969, to come out with the first directive designed specifically for UAVs in agriculture. It contains the proper guidelines and safety procedures of the said operation. This article is aimed to analyse and examine the legal framework of the Civil Aviation Directive 6011 Part II (CAD 6011 Part (II) – UAS AGR) set by the CAAM in administering the operation of UAV agriculture. As a member of the International Civil Aviation Organization (ICAO), Malaysia is obliged to develop its national regulations based on the Chicago convention and the International Standards and Recommended Practices (SARPs). This article will adopt the doctrinal research by referring to the current directive of CAAM, current laws, and regulations as enforced in Malaysia in administering the extensive operation of UAVs in agriculture. Further, this article is aimed to analyse safety, risk assessment, and liabilities vis-à-vis the UAV agriculture. In brief, the operation of UAVs in agriculture is a part of CAAM’s mission towards the integration of manned and unmanned aircraft into the navigable airspace in line with the mission of ICAO together for the sustainability of the economy and the efficiency of the industry to cope with the development of digital and technology.
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