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Forthcoming Articles

 
These articles have been peer-reviewed and accepted for publication in JIS, but are pending final changes, are not yet published and may not appear here in their final order of publication until they are assigned to issues. Therefore, the content conforms to our standards but the presentation (e.g. typesetting and proof-reading) is not necessarily up to the JIS standard. Additionally, titles, authors, abstracts and keywords may change before publication.
 

 
THE ROLE OF THE PEOPLE IN POST LEGISLATIVE SCRUTINY: PERSPECTIVES FROM MALAYSIA AND AUSTRALIA
1Ying Hooi Khoo & 2Sarah Moulds
1Department of International and Strategic Studies, University of Malaya
2University of South Australia’s Law School and co-founder of the Rights Resource Network SA. 
1Corresponding author: yinghooi@um.edu.my
 
 
ABSTRACT
 
The purpose of this article is to critically examine the role of the people in the process of reviewing the implementation and effectiveness of existing laws, described in the emerging literature as ‘post-legislative scrutiny or ‘PLS’. Examining the options for citizen engagement with legislative review is critical for all parliamentary democracies grappling with the challenge of rebuilding trust between citizens and institutions. This is because reviewing the content and purpose of proposed and the implementation and impact of existing laws is a way for parliamentarians to give effect to their democratic promise. The methodology employed is qualitative in nature with a tiered approached to identifying and examining the extent to which individuals and non-government actors can contribute to parliamentary review processes in two Westminster-inspired parliamentary democracies: Australia and Malaysia. Using case study examples and examining both structural and cultural features of the systems of legislative review in both systems, this article directly challenges some of the assumptions previously associated with PLS in the existing literature. Experiences of different ‘ad hoc’ forms of PLS in both Australia and Malaysia suggest that there could be substantial benefits for lawmakers and citizens by moving toward a more deliberative, ‘bottom up’ approach to PLS in the future.  
 
Keywords: post legislative scrutiny, bottom-up approach, Australia, Malaysia


FACEBOOK FOR INTERCULTURAL COMMUNICATIONTHE FOREIGN STUDENTS’ EXPERIENCE
1Raja Rodziah Raja Zainal Hassan, Nor Azlili Hassan, Iza Sharina Sallehuddin & Nik Norazira Abdul Aziz
Faculty of Creative Industries,  Universiti Tunku Abdul Rahman, Kampar Campus, Perak, Malaysia
1Corresponding author: rodziahr@utar.edu.my
 
 
ABSTRACT
 
Computer-mediated communication is an integral part of how people communicate in today’s modern society. The impact of social media on intercultural competency is a new territory that is beginning to interest scholars and researchers. Part and parcel of a foreign university student’s experience in a host country are managing cultural differences. Understanding how foreign university students use computer-mediated communication will provide insights into the impacts of social media (Facebook) on intercultural learning experiences. The aims of this study are: 1) to analyse the experience of foreign university students in using Facebook to communicate with their local peers 2) to examine Facebook usage pattern(s) among foreign university students in Malaysia, and; 3) to determine the level of intercultural competency among foreign university students in Malaysia. The study employs the Intercultural Sensitivity Scale (ISS) developed by Chen and Starosta (2000) in analysing how foreign university students in Malaysia use Facebook as part of a platform in learning and coping with cultural differences. This study analyses data from a survey of 210 foreign university students in Klang Valley, Malaysia. The findings from this study illustrated that the majority of foreign university students enjoy communicating with their local peers who are from different cultures using Facebook. The findings highlight that foreign university students are confident when communicating with their local friends and they are culturally competent. This is examined from the online interactions with their local peers and the Facebook usage pattern developed from their experience.  
 
Keyword: Facebook, Intercultural Competency, Intercultural Sensitivity Scale (ISS), Social media, Foreign University Students
 

 
SOVEREIGNTY, NATIONAL INTEREST AND SECURITY IN BILATERAL INVESTMENT TREATIES OF MALAYSIA
1 Mohammad Belayet Hossain, 2Asmah Laili Yeon & 3Ahmad Shamsul Abdul Aziz3
1School of Law, Chittagong Independent University, Bangladesh
2&3School of Law, Universiti Utara Malaysia, Malaysia
2Corresponding author: asmah485@uum.edu.my
 
 
ABSTRACT
 
At present, the BITs are playing a significant part in regulating foreign direct investment (FDI) in the host countries and like other members of the World Trade Organisation (WTO) Malaysia have also signed BITs to facilitate trade. Malaysia’s FDI laws and BITs mainly protect foreign investors, however, neither of them has any specific provision on the protection of sovereignty, national interest and security. This paper addresses the question, to what extent are sovereignty, national interest and security protected through BITs during entry of FDI into Malaysia? Using non-doctrinal socio-legal research method, the authors critically analyzed 15 BITs to explore whether they protect the sovereignty, national interest and security of Malaysia. The findings show that the existing Malaysian BITs contain provisions to promote and protect foreign investments but lack specific references to protect sovereignty, national interest and security, therefore, the government should consider these important factors when signing future BITs.
 
Keywords: Bilateral Investment Treaties, Sovereignty, National Interest and Security, FDI, Malaysia
 

 
MANDATORY LABELLING OF NANOFOOD AND THE WTO AGREEMENTS 
1Nor Akhmal Hasmin, 2Zinatul Ashiqin Zainol, 3Najwa Azizun, & 4Nur Hafidah Abd Kadir
1,3&4 Centre of Foundation Studies, Universiti Teknologi MARA, Kampus Dengkil, Malaysia
2 Faculty of Law, Universiti Kebangsaan Malaysia, Bangi, Malaysia
1Corresponding author: norakhmal5559@uitm.edu.my  
 
 
ABSTRACT
 
Labelling of food products that contain new technologies has been adopted to inform consumers and address concerns over uncertainty of the technologies. Even though food labelling is significant, the implementation of mandatory labelling measures for nanofood within the domestic legislation is only possible if the measure is aligned with the World Trade Organisation (WTO) regulations. This paper examines whether mandatory labelling measure for nanofood would be permissible under the WTO agreements, i.e. the Technical Barriers to Trade Agreement and the Sanitary and Phytosanitary Agreement. The study adopts a doctrinal approach and content analysis by examining relevant legal provisions in the WTO agreements, cases decided by the WTO, and other documents on nanofood labelling. Findings suggest that the labelling measure amounts to unnecessary barriers to international trade. The mandatory labelling is not an international labelling standard and the practice is trade restrictive. Some recommendations presented at the end of this paper shall give invaluable insights into the implementation of mandatory labelling for nanofood if any country decides to introduce the measures in their food information system.
 
Keyword: Mandatory labelling, nanofood, TBT Agreement, SPS Agreement, barrier to trade. 
 

 
INCORPORATING ARTICLE 31bis FLEXIBILITIES ON TRIPS PUBLIC HEALTH INTO DOMESTIC PATENT SYSTEM: THE INESCAPABLE WAY FORWARD FOR MALAYSIA
1Mohsin Hingun & Rahamatthunnisa Mohamed Nizamuddin
Ahmad Ibrahim Kulliyah of Law, International Islamic University of Malaysia, Gombak, Malaysia
1Corresponding author: mohsin@iium.edu.my
 
 
ABSTRACT
 
The purpose of this study is to highlight the absence of specific provisions on public health under Article 31bis of the TRIPS Agreement, that were not incorporated into the Patents Act 1983 in Malaysia. The main research question of this study is; why should Malaysia immediately amend its Patents Act 1983 to incorporate these flexibilities? Malaysia must develop effective strategies to implement policies, law and governance in managing the country’s public health system. This is to ensure a balance of rights between intellectual property owners and the public, at all times. This study employs a qualitative research methodology that is based on primary sources such as the TRIPS Agreement and the Patents Act 1983, and is further supported by secondary sources such as journals and the contents of authorities’ websites. This study is limited to the issues related to public health and patents. This study includes a discussion on the provisions related to patents and public health, proposed amendments to the Patents Act 1983 that should incorporate the provisions from Article 31bis, and a conclusion on the importance of immediately amending the Patent Act 1983 to incorporate these provisions, especially during the current Covid-19 pandemic. This study proposes that the amendments be made to Section 84 of the Patents Act 1983 in relation to Rights of Government, and not through the compulsory licence mechanism under Part X of the Patents Act 1983. Thus, this study concludes that currently, Malaysia is unable to implement the provisions under Article 31bis, unless the Patents Act 1983 is amended.
 
Keywords: Article 31bis, compulsory licence (CL), Patents Act 1983 (PA), public health flexibilities, TRIPS Agreement.
 
ANALYSIS OF TREND AND SOURCES OF GOVERNMENT BUDGET DEFICIT FINANCING IN BANGLADESH
1Md Nazmus Sadekin, Md Mahbub Alam, Al Amin Al Abbasi & Subrata Saha
Department of Economics, Mawlana Bhashani Science and Technology University Santosh, Tangail-1902, Bangladesh
1Corresponding author: sadekin08@gmail.com
 
ABSTRACT
 
Budget deficit is one of the most significant macroeconomic issues which have been debated both in the academic and political arena since 1970s. This study aims to explore the current position of government budget deficit, its trends, and sources of budget deficit financing in Bangladesh covering the periods of 1980 to 2018. Secondary data has been used which is collected from Bangladesh Economic Review and World Bank. Data has been analyzed through descriptive methods. The Government financing budget deficit from two sources like domestic and foreign sources. The study finds that Government finances most of its budget deficit from the domestic sources than foreign sources especially from non-banks sources due to the increase in the net sale of national savings certificates while borrowing from bank sources is on the decline. Along with the effective measures of generating more internal resources, the government should also focus on other areas to reduce the budget deficit. The government should be taken proper steps to make progressively investable resources and generate a fund for financing the non-development spending for reducing the reliance on debt that can guarantee more distribution on the development sector.
 
Keywords: Budget deficit, deficit finance, domestic and foreign sources, non-bank sources, non-development expenditure.
 
 
 

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