The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.
AbstrakMenurut sejarah, kanak-kanak jalanan ialah golongan yang wujud hasil daripada perkembangan teknologi secara pesat, sehingga menyebabkan berlakunya penghijrahan masyarakat dari kawasan pedalaman ke bandar besar. Namun demikian, atas beberapa faktor yang menggagalkan usaha untuk menaik taraf kehidupan mereka, akhirnya wujud golongan kanakkanak jalanan. Sehingga kini, isu kanak-kanak jalanan masih menemui jalan buntu. Selain masalah yang dihadapi oleh mereka dari aspek ekonomi, sosial dan persekitaran, hal utama yang mengusutkan lagi gejala ini ialah definisi sebenar istilah "kanak-kanak jalanan". Hal ini kerana, kanak-kanak jalanan terdiri daripada pelbagai kategori kumpulan kanakkanak yang berada di lorong-lorong jalan. Ketiadaan definisi muktamad bukan sahaja akan membantutkan pengumpulan data dan informasi lanjut kumpulan ini, malah turut menyukarkan saluran bantuan kepada mereka. Makalah ini membincangkan sejarah kewujudan golongan tersebut, definisi oleh beberapa penulis lain, gelaran bagi kanak-kanak
Contribution/ Originality: This study contributes in the existing literature relating to the mechanisms adopted by Japan to compensate victims of the Fukushima nuclear accident. There are a lot of lessons to be learnt from Japan's experience in compensation mechanisms and Malaysia may consider adopting such compensation mechanisms into its national legislation. 1. INTRODUCTION On 11 March 2011, northeastern of Japan was hit by a 9.0 magnitude earthquake known as the "Great East Japan Earthquake" and tsunami, which was later followed by the nuclear meltdown at the Fukushima Daiichi Nuclear Power Plant (NPP). It was reported that the earthquake and tsunami has caused the death of 15,870 people, 6,119 were injured, and 2,813 were missing and also severe damage to the properties and economic loss (Faure and Liu, 2012; United Nations Human Rights, 2013). As a result of this nuclear accident, the Government of Japan (GOJ) and the Tokyo Electric Power Company ("TEPCO"), as the owner and operator of the Fukushima NPP have
Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.
Despite attempts in recent decades to tackle environmental problems, our Mother Earth is currently facing a plethora of concerns. Issues such as pollution, land degradation and global warming still persist, due to the exploitation of earth at an alarming rate. It appears that in dealing with environmental issues, legal frameworks do exist at global and bilateral level, ranging from holding states responsible for their breaches of international obligations, to cooperating internationally among states and to swapping debts of a nation for undertaking environmental friendly projects. Yet the overall health of the earth has not been satisfactory, and instead, is deteriorating. Our actions have been not favored protecting this planet, and we have experienced an increasing recurrence of natural disasters. This paper intends to discuss the traditional concept of how states are held responsible for breaching their international obligations towards the environment, and how international cooperation plays a role in protecting the environment to date.The discussions will further highlight the use of the new formula and approach known as 'debt-for-nature swap' which can be an effective way of sustaining the environment. As environmental problems are piling up around us and the earth is on the brink of a planetary emergency, this paper further intends to identify the ultimate key to solve this global problem.
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