Malaysia (Application of International Law in Malaysia)

This chapter describes international law in Malaysia. Malaysia is unique in the sense that it amalgamates multiple characteristics: a federal state, a constitutional monarchy, and a state with a dual legal system. It is a multilateral player with active involvement in many intergovernmental organiza...

Full description

Bibliographic Details
Main Author:	Hamid, Abdul Ghafur@Khin Maung Sein
Format:	Book Chapter
Language:	English
Published:	Oxford University Press 2019
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/76229/ http://irep.iium.edu.my/76229/ http://irep.iium.edu.my/76229/1/76229_Malaysia%20%28Application%20of%20International%20Law%20in%20Malaysia%29.pdf

id	iium-76229
recordtype	eprints
spelling	iium-762292020-01-23T01:55:10Z http://irep.iium.edu.my/76229/ Malaysia (Application of International Law in Malaysia) Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations This chapter describes international law in Malaysia. Malaysia is unique in the sense that it amalgamates multiple characteristics: a federal state, a constitutional monarchy, and a state with a dual legal system. It is a multilateral player with active involvement in many intergovernmental organizations. In relation to international conventions, Malaysia has a policy of respecting them and complying with them. What is surprising, however, is that Malaysia rejects outright the doctrine of incorporation in respect of customary international law, deviating from the practice of the UK and other common law countries. Despite the fact that customary international law is binding on all states, and that a state will be responsible under international law for its breach, customary international law appears to be an alien law to the Malaysian courts. It appears that Malaysia is not only a dualist country, but also more dualist compared to any other common law counterparts. Oxford University Press 2019-09 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/76229/1/76229_Malaysia%20%28Application%20of%20International%20Law%20in%20Malaysia%29.pdf Hamid, Abdul Ghafur@Khin Maung Sein (2019) Malaysia (Application of International Law in Malaysia). In: The Oxford Handbook of International Law in Asia and the Pacific. Oxford University Press, Oxford, pp. 458-476. ISBN 978-0-19-879385-4 https://global.oup.com/academic/product/the-oxford-handbook-of-international-law-in-asia-and-the-pacific-9780198793854
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Hamid, Abdul Ghafur@Khin Maung Sein Malaysia (Application of International Law in Malaysia)
description	This chapter describes international law in Malaysia. Malaysia is unique in the sense that it amalgamates multiple characteristics: a federal state, a constitutional monarchy, and a state with a dual legal system. It is a multilateral player with active involvement in many intergovernmental organizations. In relation to international conventions, Malaysia has a policy of respecting them and complying with them. What is surprising, however, is that Malaysia rejects outright the doctrine of incorporation in respect of customary international law, deviating from the practice of the UK and other common law countries. Despite the fact that customary international law is binding on all states, and that a state will be responsible under international law for its breach, customary international law appears to be an alien law to the Malaysian courts. It appears that Malaysia is not only a dualist country, but also more dualist compared to any other common law counterparts.
format	Book Chapter
author	Hamid, Abdul Ghafur@Khin Maung Sein
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	Malaysia (Application of International Law in Malaysia)
title_short	Malaysia (Application of International Law in Malaysia)
title_full	Malaysia (Application of International Law in Malaysia)
title_fullStr	Malaysia (Application of International Law in Malaysia)
title_full_unstemmed	Malaysia (Application of International Law in Malaysia)
title_sort	malaysia (application of international law in malaysia)
publisher	Oxford University Press
publishDate	2019
url	http://irep.iium.edu.my/76229/ http://irep.iium.edu.my/76229/ http://irep.iium.edu.my/76229/1/76229_Malaysia%20%28Application%20of%20International%20Law%20in%20Malaysia%29.pdf
first_indexed	2023-09-18T21:47:45Z
last_indexed	2023-09-18T21:47:45Z
_version_	1777413563428634624

Malaysia (Application of International Law in Malaysia)

Similar Items