1,721,027 research outputs found
Free trade agreement between Malaysia and New Zealand: a treaty report on Malaysia
No full textThis article outline the agreement between Malaysia and New Zealan
The justifications and legal framework for liberalising intra-OIC trade
No full textThis paper examines the justifications and legal framework for the liberalisation of intra-OIC trade. Before these factors are examined, this paper finds that intra-OIC trade is still low in volume and in proportion if compared to other trade systems. Intra-OIC trade is also concentrated in few OIC Member States and in certain types of products. These findings inform the discussions on the justifications of intra-OIC trade liberalisation and this paper finds that due to the economic conditions prevailing in most OIC Member States it is highly likely that such liberalisation results in trade diversion. Thus shallow integration was preferred by economists so that the OIC 'region' will still be open to flows of goods to and from non-OIC countries. This paper finds that the legal framework for intra-OIC trade liberalisation i.e. the TPS-OIC regime operates according to these principles despite its poor enforcement. However, this paper also finds that there are wider considerations that may require the TPS-OIC regime to balance between minimising the chance of trade diversion and improving the unfavourable economic and trade structures that prevail in most OIC Member States
International law and the legal history of Malaysia: an analysis of the sovereign status of the Malay states in the colonial era
No full textThis paper looks at how international law informs the sovereign status of the polities that form Malaysia and how such status impacted on the formation of the State. Malaysia as an independent State did not emerge out of colonialism from a single entity. Malaya which gained independence in 1957 and later Malaysia which was formed in 1963 came into being as a result of several States agreeing to form a federation. These States were historically sovereign or part of sovereign Sultanates. This paper will analyse various treaties entered into by these States, the British and other Powers that had an effect on the sovereignty of the Malay States. This paper hypothesizes that under international law, transfer of sovereignty to the British had taken place despite the choice of protectorates by the British for the Malay States. This paper finds that there was no total loss of sovereignty by the Malay States as the Malay Rulers were recognized as sovereign in the British courts of law and they maintained exclusive control over Islam and the Malay custom. However, as international law was heavily influenced by positivism at the peak of European colonization of Asia and Africa, it is not possible for the residual sovereignty to be defended. At the same time the protectorate treaties had consolidated the power of the Sultan within his respective State ending the practice of decentralized rule inherited from the Hindu concept of mandala
The position of siyar on free trade: a historico-legal analysis
No full textThis article examines how siyar can improve economic relations within and among Muslim States by liberalising and increasing trade. The notion of siyar historically presupposed strong trade relations within the Muslim
community where Muslims and specific categories of non-Muslims from all parts of the Muslim world and beyond could trade anywhere with little or no restrictions. However, over quite a long period the development of siyar was stalled. In this light, a rather historical approach is chosen by the author. The article will first discuss what siyar is and what its role was in regulating the economic relations of the early Islamic State. The approach
taken by siyar towards “free trade” as evidenced by the practices of the early Islamic State is introduced. A caveat has to be constructed that the concept
of free trade as practised at that time must not be understood in exactly the same way as the term free trade that underscores the present day GATT/WTO system. While barriers to trade were erected not only by the early
Islamic State but also by other States at that time, this research will aim to reach a conclusion as to whether a freer trade was and is desired by siyar. The article will look at the practices of later Islamic States, i.e. the Muslim dynasties which were established towards the end of the Abbasid period and thereafter, followed by a brief analysis of regulation of internal and external
trade by the Ottoman Empire. Such discussions will include consideration whether the practices of those dynasties were consistent with what had been recommended by siyar. Finally the article looks at the challenges to reviving siyar trade rules following the collapse of the Ottoman Empire and the emergence of many separate Muslim-nation States in the twentieth century
The application and impact of the public interest provisions in the Malaysian anti-dumping law
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