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In the wake of the COVID-19 pandemic, the present generation has more ability to shape the future than every previous generation in modern times. Intergenerational justice in general means meeting the current needs without jeopardising future generations; all generations are eligible to a healthy, balanced environment favourable to human progress and the State has fiduciary obligation to use and manage resources efficiently and further promotes balance and sound environmental policy. The synergy between its citizen and State create relationship known as "social contract", but the word "social contract" has a very diverse and unique connotation in Malaysia. The "social contract" referred to the difficulties and intricate compromises reached between major ethnics in Malaysia regarding their mutual rights and privileges, since independence of Malaysia. The Aboriginal in Malaysia is also known as Orang Asli, their communities frequently associated with negative connotation and sometimes less fortunate when compared to other main ethnics in Malaysia. Over the time government regimes change guard but developments of reasonable policies and other actions that promotes intergenerational justice and sustainable development goal towards Orang Asli seem slow in progress. This paper aims to highlight the issues of plight among Orang Asli in Malaysia as they are the minorities within minority communities. In contrast to empirical research, doctrinal approach which is library-based focusing on reading and analysis of the primary and secondary materials will be applied throughout this study. It is the contention of this paper to promote better wellbeing of Orang Asli communities as part of Malaysia nation building. [ABSTRACT FROM AUTHOR]

Terrorism prosecution has become a significant challenge for the criminal justice system (CJS) in Pakistan as the acquittal rate is very high while the conviction rate is extremely low. During the past few decades, increasing terrorist attacks in Pakistan and the failure of law enforcement to prosecute the accused has contributed to this issue. Due to the delay and flawed process of producing and constructing evidence, the dismissal rate is high when these cases are finally brought to the court. As a result, most "hard-core terrorist" cases are acquitted and seldom go to the higher courts to face trial. Police officers have been considered as the main contributor for the failure of Pakistan's CJS due to their weak investigation and procedural mistake during registration of the first information report, but in fact, two other actors are also responsible; prosecutors and judiciary of Pakistan. This article finds that the three basic pillars of CJS, the police, prosecution and judiciary play a blame game considering each other responsible for these flaws instead of being supportive and to complement each other through institutional coordination. The situation is also worsened by all three pillars operating in isolation despite having the same goals. This article concludes with suggestions for overcoming the weaknesses in the CJS of Pakistan particularly the police force, prosecutor and judiciary and thus ensuring successful prosecution of terrorists in Pakistan. [ABSTRACT FROM AUTHOR]

The rights of indigenous peoples have been recognized in international law, predominantly under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Nevertheless, the recognition of such rights at the domestic level varies according to the laws and practices of each country. Accordingly, the main objective of this article is to comparatively analyze the legal recognition of the rights of the indigenous peoples between Orang Asli in Peninsular Malaysia, Indigenous Cultural Communities/Indigenous Peoples (ICC/IP) in the Philippines and the Maori in New Zealand. This article adopts a socio-legal methodology and analyzes the data qualitatively. This article finds that the position of recognition of the rights of indigenous people in New Zealand and the Philippines is better than the recognition of the rights of Aboriginal peoples in Peninsular Malaysia. Thus, the current study proposes an improvement in terms of legislation to recognize the rights of Aboriginal peoples, such as the amendments to the APA and empower the role of JAKOA. In conclusion, this article can significantly contribute to the sustainable development of the Orang Asli. [ABSTRACT FROM AUTHOR]

Medicinal cannabis has been used for over 6000 years, and clinical trials have revealed its many therapeutic benefits. Despite its medicinal values and therapeutic benefits, Muslim countries are reluctant to accept the legal use of medicinal cannabis. Currently, Malaysian law prohibits the use of cannabis, either recreationally or medically. As a result, those who use cannabis for medical purposes may face severe punishment. Due to desperate situations, some Muslims purchase cannabis illegally through the black market for self-medication without knowing the legal status of access to cannabis in Islam. Therefore, this article intends to investigate the legal position of cannabis and the extent of cannabis prohibition in Islam. In achieving the objectives, this paper will review the debates between schools of Islamic thought and examine the approach of Muslim jurists in recognising the therapeutic benefits of cannabis through content analysis. Findings show that it is permissible to consume cannabis for medical purposes in Islam under certain situations, and the act of purchasing cannabis from the black market goes against Islamic principles. It is hoped that this article will provide enlightenment on these issues, especially to Muslims around the world, to correct any misapprehension. It is suggested that Muslim countries participate in conducting more research on the medicinal benefits of cannabis. Finally, to address the issues of misgivings among patients requiring legal medicinal cannabis, it is hoped this study will help to equip Muslim doctors with the requisite knowledge on the position of medical cannabis. [ABSTRACT FROM AUTHOR]

The issue of Indigenous peoples’ rights has always been fought for both internationally and domestically. This writing focuses on implementing the principle of “Free, Prior, and Informed Consent” (FPIC) in the affairs of the Orang Asli in Semenanjung Malaysia. Article 3 of the Declaration of the Rights of Indigenous Peoples (DHOA) 2007 recognise the FPIC principle which entails the spirit of the right of Indigenous peoples to self-determination. The principles of IMABT and consultation are key aspects of the right to self-determination that allow the Indigenous community of a country to be involved in the decision-making process on matters that may affect them. Malaysia has not prepared any guidelines for implementing the FPIC principle despite agreeing with the adoption of the DHOA. Therefore, this paper presents a proposal to implement on FPIC guideline which is practical and suitable for Orang Asli in Malaysia. For this purpose, the Philippines will be used as a reference country to see how this principle is implemented in the country. If this principle is successfully implemented, it will be a great starting point that recognizes the rights of Orang Asli and will also be able to improve their socio-economic status. [ABSTRACT FROM AUTHOR]

For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it's implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples' rights laws. [ABSTRACT FROM AUTHOR]

The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an instrument specifically drafted to put an absolute prohibition on any forms of torture, and other acts of cruel, inhuman, or degrading treatment or punishment. So far, a majority number of 169 Member States of the United Nations has become State Parties to UNCAT, save for Malaysia and some other minority Member States. Although there have been calls for Malaysia to accede to UNCAT, Malaysia has always argued and maintained its position that it is not ready for accession. Therefore, this manuscript aims: (a) to establish a backdrop to this research by identifying the meaning of "torture" and "other cruel, inhuman or degrading treatment or punishment" and State Parties' duty under UNCAT; (b) to ascertain the challenges and potential for Malaysia in becoming a State Party to UNCAT and accordingly, to recommend the approach to be taken by Malaysia pertaining to UNCAT accession. A legal research methodology via qualitative method that uses primary sources such as international human rights instruments and secondary sources such as academic literatures, is adopted for the purpose of this manuscript. [ABSTRACT FROM AUTHOR]

To date, transnational corporations (TNCs), including oil and gas (O&G) companies, have had no direct human rights obligations under international law. International law and human rights law have principally focused on protecting individuals from violations by the government. In view of the recent development, it is timely to have a look into O&G laws in Malaysia. This article presents a brief summary of basic picture of O&G industry in Malaysia. In the first part, it gives a brief introduction of historical development of O&G industry and introduction of United Nations Guiding Principle (UNGP). It also discusses on the role of PETRONAS as the appointed main regulators of O&G industry in Malaysia. It then attempts to lay down the relationship between existing legal frameworks governing the activities in the value chain of the O&G industry in Malaysia and State responsibility to protect under UNGP principle. [ABSTRACT FROM AUTHOR]

Terrorism is not a domestic issue but is instead a global phenomenon. The changing form of terrorism is going to be complex day by day. Every State is facing terrorism, and no State is immune to this disease. None the least, the lack of a universally accepted definition of terrorism is a significant hindrance in developing effective international counter terrorism strategies. The 9/11 attacks in the US have unavoidably shaped the fight against by demanding a rapid and unified reaction from the international community. This Paper examines the meaning of terrorism and also evaluates the definitions of terrorism presented by various scholars. It also highlights the hurdles which are hindering in attaining a universally accepted definition of terrorism. Moreover, the definitions of terrorism by the International bodies such as the United Nations General Assembly, the Security Council, the International Court of Justice and the International Criminal Court are also analysed. The analysis provides a foundation for any future evaluation on definition of terrorism under any domestic counter terrorism laws. This Paper concludes that a universally accepted definition of terrorism is necessary to help in curbing the issue of terrorism globally or domestically. [ABSTRACT FROM AUTHOR]

The armed conflict of Libya occurred in 2011 and the authoritarian government of Ghaddafi felt down. During the conflict serious violations of human rights and humanitarian rights law (IHL) occurred and both sides committed serious crimes included of willfull killings, rape, looting, torture and aarbitrary arrests. After the fall of Ghoddafi, a transitional government came to power in Libya that was known as the National Transitional Government of Libya (NTC). The Libyan NTC adopted amnesty laws and considered it as part of the transition of power from the previous government to the new one. This amnesty law was criticized by human rights organizations and human rights activists. In this article after providing a brief introduction to amnesty and introducing various types of it and contemplating on transitional justice, the NTC amnesty law will be examined. [ABSTRACT FROM AUTHOR]

The main objective of this article is to analyze the history and position of Orang Asli during the colonial era. This historical aspect is important to clarify the position of the Orang Asli and the historical implications on the introduction of the laws pertaining to the Orang Asli. In this regard, to achieve the said objective, this article describes the background of Orang Asli in Peninsular Malaysia which includes the definition, classification and their origins briefly. Apart from focusing on the position of the Orang Asli during colonial era, this article also discusses the position of the Orang Asli in the pre-colonial era which includes socio-economic and political aspects. This article found that the position of Orang Asli has changed after the Malay dominated and subsequently more apparent when the colonial settled in Malaya. The colonization has also affected the Orang Asli and laws towards them in Peninsular Malaysia. The position of the Orang Asli undergo some changes after independence. Nevertheless, the tragedies experienced by the Orang Asli during the colonization and emergency era were unforgetable and continue to carve in the history of the Orang Asli life. [ABSTRACT FROM AUTHOR]

Human rights are universal standards that protect and safeguard all persons from severe mistreatments and abuses. The notion of human rights is grounded on the recognition that "all human beings are born free and equal in dignity and rights" and everyone is therefore "entitled to all rights and freedoms" contained in the human rights law. All the rights and freedoms guaranteed by the law can however, be subjected to a restriction according to other laws of the land. The respect and protection for the human rights of a person depend upon his status, whether he is an adult or a child; a prisoner or freeman; male or female. It was argued that prisoners are entitled to all their personal rights as well as personal dignity that are not temporarily taken away by the law or necessarily inconsistent with the circumstances in which they have been placed. The question to ask is do the laws expressly stated the rights that are not forfeited as a result of incarceration? If the answer is in the negative, what is the litmus test to employ in order to determine the rights that are not lost as a result of incarceration? This study examines relevant laws, published and unpublished reports in order to answer the above posed questions. [ABSTRACT FROM AUTHOR]

Due to globalization, migration has become a worldwide trend, and now poses a new challenge to countries that receive and send migrant workers. Many issues have arisen from this trend, especially in terms of the rights of the migrant workers. Malaysia is one those countries that receive migrant workers, with 6.7 million migrants working in Malaysia, comprises of both with legal and illegal status. Without a doubt, Malaysia is a receiving country which depends a lot on migrant workers in boosting her productivity, especially in the economic and development sectors. Migrant workers in Malaysia are required to be covered by a health insurance scheme, particularly for compensation in the event of an accident. The question is whether the right of migrant workers to access healthcare in Malaysia is protected adequately without burdening the government, particularly in terms of the cost? Has the practice in Malaysia fulfil the right to health of migrant workers? Therefore, this article aims at analysing the laws and related instruments governing the issue of right to health of migrant workers in Malaysia. The methodology used theoretical analysis and interviews of identified target groups in order to obtain the primary. The interim analysis demonstrates that the existing policies and legal framework in Malaysia are practising discriminatory treatment against migrant workers in terms of access to healthcare and social benefits. [ABSTRACT FROM AUTHOR]

Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes the right to self-determination of indigenous peoples. Prior to this international law recognition, the indigenous peoples have gone through various obstacles. Therefore, the main objective of this article is to describe the history and development of the right to self-determination of the indigenous peoples in international law. This research uses socio-legal methodology. For clarity, this article is divided into four parts. In the first part, this paper explains the definition and status of the right to selfdetermination of indigenous peoples under international law. In the second part, the article clarifies the history of the rights to self-determination by referring to the rights of peoples. The third part describes the development of the right to self-determination of the indigenous peoples until it received the recognition under international law. Discussions on the development of the right to selfdetermination include efforts undertaken at the Working Group on Indigenous Populations (WGIP) and the Working Group on the Draft Declaration on the Rights of Indigenous Peoples (WGDD). The article concludes in part four that the recognition of the rights to self-determination is vital to ensure the protection of the rights of indigenous peoples within any States is compatible to the international law standards and thus assists States in meeting international law obligations. [ABSTRACT FROM AUTHOR]