12 research outputs found
The application of Article 76 of the United Nations Convention on the Law of the Sea on the extended continential shelf with special reference to Malaysia
No full textThis thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London.The purpose of this study was to clarify the ambiguity in the law relating to the extended
continental shelf in Article 76 of the 1982 United Nations Convention on the Law of the Sea.
Another aim was to study the application of the law in a more focused part of the world, the
region of East Asia, and in particular, Malaysia. The study also sought to propose solutions to
issues relating to the extended continental shelf.
The history of the law relating to the continental shelf, the codification of the law, and the
enforcement of the law by the Commission on the Limits of the Continental Shelf is presented.
Besides that, Article 76 was also thoroughly discussed in order to identify the problems involved.
Besides that, the two biggest issues which determine the outer limits of the continental shelf are
examined. These are issues relating to ridges and submarine elevations and the application of the
foot of continental slope provisions. The study examined the problems involved with the legal
and scientific interface found in Article 76 and addressed them by referring to the legislative
history of Article 76, State practice and the practice of the Commission.
The continental shelf in the East Asian region is also analysed in order to provide an overview of
the continental shelf issues in the region. Special reference to Malaysia is made as a State that
has made a submission on its outer limits of the continental shelf. A thorough analysis was made
based on the findings made in this study. This study also explored possible solutions to the
continental shelf issues discussed.International Islamic University Malaysia and the Government of Malaysia
The Dispute between Malaysia and Indonesia over the ND6 and ND7 Sea Blocks: A Malaysian Perspective
No full textMalaysia has asserted sovereign rights over the ND6 and ND7 sea blocks, which partially overlap with the Ambalat and East Ambalat sea blocks. Indonesia has also asserted sovereign rights over there. This article argues the validity of Malaysia’s claim over the ND6 and ND7 sea blocks by virtue of the Pulau Ligitan dan Pulau Sipadan case in which the International Court of Justice found that the 4°10′ N parallel mentioned in the 1891 Convention between Great Britain and the Netherlands Defining Boundaries in Borneo terminated on the east coast of Sebatik and did not extend seawards. This article finds that Malaysia may use the Sipadan and Ligitan Islands as a basis to assert sovereign rights over the ND6 and ND7 sea blocks. The authors also highlights several other documents including a 1954 British declaration and bilateral treaties between Malaysia and Indonesia
Superior responsibility under the Rome statute and its applicability to constitutional monarchy: an appraisal
No full textThe doctrine of superior responsibility has been embedded in Article 28 of the Rome Statute of the International Criminal Court, which enunciates the responsibility of both military commanders and civilian superiors. In the context of constitutional monarchy, the monarchs, although they are civilians, are entrusted with the position of commanders-in-chief. In some constitutional monarchies like Malaysia, there were States that opposed accession to the Rome Statute on the simple ground that their respective monarchs could be indicted and punished under the Rome Statute. The main objective of this paper, therefore, is to examine whether constitutional monarchs could be responsible under this doctrine. The paper focuses on the analysis of the elements of superior responsibility by referring to the authoritative commentaries of Article 28 and constitutional practices of three selected constitutional monarchies: the United Kingdom, Japan, and Malaysia. It concludes with the finding that constitutional monarchs could not be held responsible because they have to act on the advice of the government and do not possess the effective and operational control over their subordinates as required under the Rome Statute
Fault-based principle and no-fault rule: an analysis of Malaysian laws on employment injury compensation to migrant worker
No full textThe introduction of the no-fault rule in the employment injury compensation laws ousted the exclusive defences under common law that has long shielded the employers from becoming responsible for their employees' injury. Although the Employees' Social Security Act 1969 regulates the local workers has radically abolished the common law defences, leaving only the straightforward no-fault rule, the Workmen's Compensation Act 1952 on the other hand still maintains the civil law suits as an alternative for the migrant worker to claim for damages pursuant to the Civil Law Act 1956whichfounded on the fault-based principle. Hence, the focus of this article is to analyse the two concepts of claims available, the fault-based principle under common law and the recent no-fault rule. The article will also investigate the criticism of the fault-based principle and the no-fault rule within the ambit of the Malaysian employment injury compensation legislations. The main concern of this study are migrant workers therefore, the writers will review the migrant workers right to claim for compensation in the light of the employment injury compensation laws in Malaysia
The dispute between Malaysia and Indonesia over the ND6 and ND7 sea blocks: a Malaysian perspective
No full textMalaysian has Asserted sovereign rights over the ND^ and ND7 sea blocks, which paartially overlap with the Ambalat sea blocks. Indonesia has also asserted sovereign rights over there. This article argues the validity of Malaysia's claim over the ND6 and ND7 sea blocks by virtue of the Pulau Ligitan and Pulau Sipadan case in which the International Court of Justice found that the 4 10' N parallel mentioned in the 1891 Convention between Great Britain and the Netherlands Defining Boundaries in Borneo terminated on the east cost of Sebatik and did not extend seawards. This article finds that Malaysia may use the Sipadan and Ligitan Island as a basic assert sovereign rights over the DN6 and ND7 sea blocks. The authors also highlights several other documents including a 1954 British declaration and bilateral treaties between Malaysia and Indonesi
Retirement benefit in Malaysia: understanding the legal framework and its challenges to the migrant workers
No full textThe retirement benefits scheme is one of the social security protections accorded to employees around the world. In Malaysia, the retirement benefits scheme is in the form of the contribution made by both employer and employee at a specified rate based on the employee’s monthly wages
and such contribution will be credited into the employee’s fund. An employee is allowed to withdraw money from the fund when he or she reaches retirement age. The doctrinal study found that the retirement benefits scheme in Malaysia differs greatly between the local employees and migrant workers. Although migrant workers are allowed to contribute to the retirement benefits scheme known as Employees Provident Fund, their contribution is voluntary, and not done compulsorily. The contribution of the employer is capped at only RM5
per month, which is very low. It is exacerbated by the fact that the contribution in the fund is not transferable as the Employees Provident Fund Act does not provide any provision to transfer the retirement benefit to another scheme in another country. It is hoped that these challenges faced by migrant workers will be given due consideration by the government to allow the migrant workers to have adequate social security protection by reforming the current retirement benefit statute or introducing a new retirement benefit statute that only protects the migrant workers
A Space Elevator to Mars: Calculating Space Flight Trajectories
No full textabstract: Human habitation of other planets requires both cost-effective transportation and low time-of-flight for human passengers and critical supplies. The current methods for interplanetary orbital transfers, such as the Hohmann transfer, require either expensive, high fuel maneuvers or extended space travel. However, by utilizing the high velocities of a super-geosynchronous space elevator, spacecraft released from an apex anchor could achieve interplanetary transfers with minimal Delta V fuel and time of flight requirements. By using Lambert’s Problem and Free Release propagation to determine the minimal fuel transfer from a terrestrial space elevator to Mars under a variety of initial conditions and time-of-flight constraints, this paper demonstrates that the use of a space elevator release can address both needs by dramatically reducing the time-of-flight and the fuel budget
RETIREMENT BENEFIT IN MALAYSIA: UNDERSTANDING THE LEGAL FRAMEWORK AND ITS CHALLENGES TO THE MIGRANT WORKERS
No full textThe retirement benefits scheme is one of the social security protections accorded to employees around the world. In Malaysia, the retirement benefits scheme is in the form of the contribution made by both employer and employee at a specified rate based on the employee’s monthly wages and such contribution will be credited into the employee’s fund. An employee is allowed to withdraw money from the fund when he or she reaches retirement age. The doctrinal study found that the retirement benefits scheme in Malaysia differs greatly between the local employees and migrant workers. Although migrant workers are allowed to contribute to the retirement benefits scheme known as Employees Provident Fund, their contribution is voluntary, and not done compulsorily. The contribution of the employer is capped at only RM5 per month, which is very low. It is exacerbated by the fact that the contribution in the fund is not transferable as the Employees Provident Fund Act does not provide any provision to transfer the retirement benefit to another scheme in another country. It is hoped that these challenges faced by migrant workers will be given due consideration by the government to allow the migrant workers to have adequate social security protection by reforming the current retirement benefit statute or introducing a new retirement benefit statute that only protects the migrant workers
Laporan reformasi Dewan Negara
No full textreport on the study by the working committee on the senate reform - to reinforce the Parliamentary independence and to enhance the role of the Senat
Cionus longicollis C. N. F. Brisout de Barneville 1863
No full text48. Cionus longicollis C. N. F. Brisout de Barneville, 1863 Figs 48 a–f. Cionus longicollis C. N. F. Brisout de Barneville, 1863:114. Reitter, 1904: 55. Wingelmüller, 1914: 194; 1921: 112; 1937: 175. Hustache, 1932: 342. A. Hoffmann, 1958: 1220. Caldara, 2013: 123. Alonso-Zarazaga et al., 2017: 185. Type locality. Vernet Valley (eastern Pyrenees, France). Type series. This species was described based on more specimens collected in Vernet valley, Eastern Pyrenees. In coll. C. N. F. Brisout (MNHN), there are a couple on a single pin and two males on another pinned card. A 4.75 mm long, well-preserved male from the card with a couple labeled “ longicollis Vernet / Muséum Paris S. E. F. Coll. Ch. Brisout” was designated as the lectotype by adding the label “ LECTOTYPUS Cionus longicollis C. Brisout ♂ Michael Košťál des. 2014 [printed red label]”. Two males and one female with the same labels were labeled as paralectotypes accordingly. Synonyms. None. Redescription. Male. Body stout, subparallel. Head: rostrum moderately stout, medium long (l/ w 5.0, Rl/Pl 1.30), black except very apical part brown; in lateral view slightly curved, indistinctly enlarged at antennal insertion, of approximately same width from base to shortly before apex, at apex dorsal side in same line evenly curved to apex, ventral side abruptly beveled upwards to apex; in dorsal view of same width from base to apex, in basal part round in cross-section, in apical part slightly dorsoventrally flattened; in basal and proximal apical part very densely, moderately longitudinally punctured, at apex punctures sparser, well separated, with small shiny area; basal part with up- and backwardly oriented, subrecumbent, elongate whitish and light brown intermixed scales, apical part with subrecumbent to suberect, forwardly oriented, yellowish, long seta-like scales. Head between eyes narrow, of 0.4 rostrum width at base. Eyes large, moderately rounded, not protruding from head outline. Antennae reddishbrown except moderately darkened club, inserted between 0.6 and 0.7 of rostrum length; funicle of 3/4 scape length, segment 1 wider than segment 2, segment 1 twice, segment 2 about 2.5 × as long as wide, segments 3–5 as long as wide; club spindle-shaped, 2.7 × as long as wide, of funicle length, completely covered with recumbent brownish and yellowish thin hairs and sparse erect, relatively short light brown sensilla. Pronotum: black, moderately wider than long (Pl/Pw 0.73), densely evenly punctured, punctures medium-sized, subrotund, approximately of equal size, spaces between punctures smaller than puncture diameter; covered with somewhat unevenly distributed, variously oriented, recumbent and subrecumbent, elongate (l/w 5–8), yellowish and on anterior margin very sparse blackish scales; widest at base, subparallel to indistinctly convergent in basal half, then slightly rounded and conically narrowed to anterior margin, without constriction, in lateral view flat in basal half, then abruptly strongly falling to anterior margin. Prosternum: anterior margin with relatively shallow, semicircular, sharply incised emargination, anteriorly bounded by shiny tubercles, separated from coxae by very narrow strip of prosternum. Scutellum: subtriangular with rounded apex, covered with backwardly oriented, subrecumbent to suberect scales, very densely punctured to rugulose. Elytra: black to brown, in basal 2/3 subparallel, in apical third moderately rounded, then broadly rounded at apex, moderately elongate (El/Ew 1.25), widest at about half of their length, at base moderately wider than pronotum (Ew/Pw 1.53), humeri subrotund, moderately prominent, with only indistinct posthumeral impression; almost flat on disc; interstria 1 from approximately 1/4 to more than 1/2 of medial length and in preapical area very strongly broadened, interstria 2 at same lengths very strongly narrowed to concealed, constricted laterally, interstria 3 at same lengths moderately constricted laterally encompassing very large round black tomentous maculae with narrow border formed by gingery scales; interstriae except perimacular areas of approximately equal width; odd interstriae with unevenly distributed, on dorsum indistinct, on sides clearly visible patches of whitish scales, patches of black scales very sparse, indistinct; striae very shallow, formed by even rows of large shallow round, very densely arranged punctures; entire surface covered with slightly unevenly, densely distributed, recumbent and subrecumbent, elongate (l/w 4–8) whitish and sparsely intermixed gingery scales of unequal width almost fully concealing integument. Venter: semidensely covered on sides with broader scales, in median part with very thin to hair-like elongate scales, only indistinctly denser on metepisternum and margins of ventrites 3–4; mesosternal process flat, subquadrate, blunt at posterior margin, with hairs, very densely punctured; metasternum very slightly concave to flat, transversally ribbed; ventrites 1 and 2 with relatively deep and broad impression, in proximal part rugulose, in distal part punctured; ventrite 1 1.5 × as long as ventrite 2, ventrites 1–2 combined 5.3 × as long as ventrites 3–4 combined, ventrites 3–4 combined of 0.7 length of ventrite 5. Legs: brown to dark brown, tarsi lighter, profemora thick, with small teeth emphasized by erect scales, meso- and metafemora with large subtriangular sharp teeth; femora covered with recumbent to subrecumbent whitish and scattered gingery scales, tibiae covered with subrecumbent to suberect, whitish and sparse black elongate scales, tarsi covered with suberect whitish hair-like scales, onychia with recumbent, long, thin whitish hairs, on femora scales clustered into indistinct transverse bands; protarsal onychia of normal length, as long as tarsomeres 1–3 combined, protarsal tarsomere 3 wider than long; protarsal lateral, meso- and metatarsal medial claws of about 0.6 length of their pair-claws, clearly thinner. Penis: Figs 48 d–f, its body long, parallel-sided, broadly tapered to rounded at apex. Female. Rostrum considerably longer (Rl/Pl 1.52), apical part subparallel to very slightly concave in its midlength, antennae inserted at half of rostrum length. Ventrites 1 and 2 without impression, convex. Claws of approximately equal length. Variability. Length ♂♂ 3.89–4.78 mm, ♀♀ 4.30–5.25 mm. This species shows no special degree of variability except for the body size. In some specimens, the dorsal elytral macula can be slightly longitudinally elongate. Diagnosis. This species is recognizable by almost concealed elytral integument, subparallel elytra, very large dorsal and large preapical elytral maculae with border of gingery scales, relatively stout rostrum, in lateral view of same width from base to shortly before apex, and relatively deep and broad impression on ventrites 1 and 2 in males. Comparative notes. Cionus longicollis is most closely related to C. montanus and C. atlanticus. It differs from former by the presence of a border of gingery scales around both elytral maculae, and from latter by larger body size and large round dorsal elytral macula. Biological notes. The first author collected this species in Spain (Castilla-León, Besande) in series on a large Verbascum sp. resembling V. densiflorum. Hoffmann (1958) reported V. lychnitis as the host plant which is unlikely due to the first author´s observations. Distribution. This species is widespread in the European part of West Mediterranean from southern France (Alps, Provence, Garonne, Pyrenées) to Spain (Cataluña, Castilla y León, Navarra, Aragon, Andalucía: Puerto de la Ragua). We did not examine specimens from Portugal, and know only one record from southern Spain. Countries and areas of distribution like western Siberia, Finland, Germany etc. (Caldara, 2013) as well as record from Great Britain by Morris (2012) are surely based on data concerning C. montanus, which was previously regarded as a subspecies of C. longicollis. Non-type specimens examined. We examined 105 specimens from the above mentioned regions. FRANCE: Abries, Ariege, Eastern Pyrenees, Embrun, Hospice de France, Vernet; SPAIN: Andalusia, Aragon, Cantabria, Castilla-León (Besande), Catalunya, Girona (La Molina), Huesca (Torla), Lerida, Navarra.Published as part of Košťál, Michael & Caldara, Roberto, 2019, Revision of Palaearctic species of the genus Cionus Clairville (Coleoptera: Curculionidae: Cionini), pp. 1-144 in Zootaxa 4631 (1) on pages 81-83, DOI: 10.11646/zootaxa.4631.1.1, http://zenodo.org/record/329411
