Malaysia Transformation of International Commitments: Methods and Challenges

Contenu principal de l'article

Usharani Balasingam

Résumé

Malaysia is a country that practices constitutional monarchy and democracy. The country supreme law is the Constitution of Malaysia. The extent to which international commitments can be translated into local law is regulated by the Constitution. Malay-sia is also a member of the United Nations and a signatory of the Vienna treaty with an apparent obligation interpret laws in compliance with signed international conven-tions. This paper is a review paper. It is significant in that it seeks to set out the re-quirements for international law to be transformed to local law and detail the possible challenges. The courts also have a role in the way they have interpreted local law whether statutory or otherwise. The tensions of transformation doctrine and the incli-nation to interpret laws in accordance with signed and ratified conventions in any giv-en case without transgressing the legislative role of the parliament will be delved into. The method of research is doctrinal and documentary research of legal cases, statutes and literature. The paper significance in that it delves into the requirements, the courts interpretative stance and the challenges in certain given cases more so than others of transformation of signed conventions. 

Renseignements sur l'article

Rubrique
Articles