What is Common Law?

What is common law? In legal theory, common law is any body of law developed by judges, juries, lawyers, and similar quasi-legal tribunals by virtue of actually stating in court written opinions. The defining feature of common law is that it is precedent. This means that what a jury or judge decides, is also the law.

One problem with relying on common law to decide cases is that many people mistakenly believe that the decisions come from some magically external source, that there is no need for proof, and therefore, their decisions are exempt from scrutiny. However, this is just not true. There have been many instances where the decisions of the courts were overturned on appeal because of lack of evidence, or for other improper reasons. Therefore, the very basis of judicial authority – the idea that the decisions of the judicial authorities are imbibed with all the meaning of “right” through the Constitution and the precedents of previous judgments – is itself threatened by the very process of which it is created.

Another problem with relying on the courts to apply the common law is that while they are very thorough, particularly when dealing with complex issues such as corporate law and labor law, they are not all equal. For instance, the corporate courts tend to be quite friendlier to the corporations than the civil courts are. Because of this, corporations can often easily defeat their own claims through the use of sham witnesses and so forth.

Lastly, people frequently become confused by the very fact that there are several different types of courts, including common-law and civil. The two differ because of the difference in the sources of precedents. Civil courts are established by decisions of common-law courts, which act in the place of the common-law courts and are therefore not supervised by them. Common-law courts, on the other hand, receive recommendations from the higher court (usually a supreme court) for the determination of its cases, and then it acts in the place of the higher court’s decisions. Thus, there is a conflict between the two.

Because of these flaws, the current study of the common laws has been revolutionized. First, researchers have been able to realize that there are actually two kinds of courts: civil and criminal. Because of this realization, the types of cases which are tried in civil courts do not conform to the …

Malaysian Defense Minister Hoping to Reach an ASEAN Consensus Regarding AUKUS

Malaysia’s government expressed optimism that Southeast Asian nations would be able reach a consensus on the new trilateral partnership for security between Australia, Americas, and Britain at the summit.

AUKUS, or the partnership as it is commonly known, will see Australia outfitted with a fleet if nuclear-powered submarines. It has caused concern in the region. The partnership was created to coordinate Anglosphere efforts to limit and control China’s power and ambition.

Hishammuddin Hussein, Malaysia’s defense minister, told parliament yesterday that ASEAN’s upcoming summit would be an opportunity for them to reach a common response to AUKUS. He stated, according to Reuters that the goal of his ministry is to maintain stability in the region regardless of whether there are any major powers between them. “An understanding within ASEAN will be helpful in our face-off against these two major powers.”

The AUKUS partnership was met with mixed and ambivalent reactions in Southeast Asia. Many countries are close trade partners to China, but also rely on the U.S. presence in the region. This has led to a suspicion of a new Cold War among the superpowers.

The Philippines was the most enthusiastic, with an unabashedly positive response. Despite Rodrigo Duterte’s deviant presidency, the country still adheres closely to its colonial ruler. Teodoro LOCSAN, the Foreign Secretary, expressed appreciation for the arrangement. He stated that “the enhancement in a near-african ally’s capacity to project power should restore or keep the balance” within the region.

Others were more cautious in public comments. Others were more cautious after AUKUS’s announcement. Indonesia stated that it was “deeply worried about the continued arms race and projection of power in the region.”

The wait-and-see approach has been adopted by other nations. This is logical, considering that the first Australian submarines will not be deployed before the late 2030s. Singapore expressed optimism that the deal would “constructively contribute to the peace, stability and regional architecture,” while Prak Sokhonn, Cambodia’s Foreign Minister, said that AUKUS “will not fuel unhealthy rivalries nor further escalate tension.” This latter statement is particularly notable given Cambodia’s reputation as doing Beijing’s bidding within ASEAN.

Hishammuddin’s call to an ASEAN consensus on this issue was likely an attempt to backtrack his proposal for a working trip to China immediately to discuss Beijing’s views about AUKUS. The announcement received a lot of criticism from foreign-policy analysts.

A consensus among ASEAN members on AUKUS would be welcomed. While Southeast Asia has been unable …

Malaysia Summons China Envoy Over Vessel’s Presence in South China Sea

Malaysia stated that it summoned China’s ambassador for protest against Chinese vessels’ presence and activities in Kuala Lumpur’s South China Sea EEZ (EEZ).

Chinese vessels, including a surveyboat, were operating in the waters off the coast of Sarawak and Sabah, Malaysian states, according to a statement by the Ministry of Foreign Affairs late on Monday. This was in violation of the 1982 United Nations Convention on the Law of the Sea.

It did NOT provide any information about the number of involved ships or when the incident took effect.

“Malaysia’s consistent and effective position and actions is based in international law, in defense our sovereignty rights in our seas,” the statement said. “Malaysia had previously protested against the previous invading foreign vessels in these waters.”

Malaysia, Vietnam & Brunei claim a portion of the South China Sea just off their coasts. China claims almost all the area covered by the nine-dashline which was rejected by the international court in 2016.

Beijing has intensified its activities on the disputed islands in recent years. They have built artificial islands and military outposts on rocks outcrops. They also deployed vast fishing fleets from their maritime militia.

China and Malaysia were involved in a lengthy standoff last year at sea off Sarawak. The area was where Petronas Malaysia’s oil company was exploring for oil. China also sent a surveyship to the area.

According to Asia Maritime Transparency Initiative (AMTI), China has 27 outposts at disputed waters. China also holds Scarborough Shoal. Scarborough Shoal was seized from the Philippines by China in 2012.…

Malaysia reduces the quarantine period for fully-vaccinated incoming travelers

Malaysia will reduce the quarantine period for travellers who have been fully vaccinated and are returning to Malaysia from 14 to seven days, beginning next Monday (Oct 18).

The government will also reduce the time required for close contact isolation to fully vaccinated persons from 10 days down to seven days.

Prime Minister Ismail Sabri stated in a statement that Malaysians will be subject to a 10-day quarantine for unvaccinated and partially vaccinated travelers upon entering the country.

The unvaccinated and partially vaccinated close contact will also be quarantined for a period of 10 days.

These were some of the relaxations that the premier announced after the coronavirus infectious rate (R-naught) dropped below 1.0 to 0.86. The country had recorded fewer then 10,000 new infections per day for the past two week.

As of Thursday, 91.2% had been fully vaccinated and 95% had received at least one dose.

Along with the SOP relaxation, he also announced that the country’s central economic zone, the Klang Valley, which includes Kuala Lumpur and Selangor, will transition to Phase Four of National Recovery Plan together with Melaka. This will begin on Monday.

Perak, Kelantan and Sabah will all shift to Phase Three on the same day as Two.

“This phase transition is in accordance with the National Recovery Plan guidelines and the percentage complete vaccination rate for the adult population. He said that Malaysia is now in Phase 3, after the phase transition of the mentioned States.

Additional SOP Relaxations

Here are some other SOPs that were relaxed by the premier:

All highways across the country will allow rest and service (R&R), to be open round-the-clock starting Saturday.

Starting Saturday, e-hailing will be permitted to carry passengers again based on the vehicle’s seating capacity for all phases.

Starting Sunday, cyber cafes and centers will be permitted to operate at 80% capacity in Phase Three States and 100% for Phase Four States.

Face-to-face meetings, incentives, conventions, and exhibitions (MICE), are permitted in Phase Three States for fully vaccinated individuals starting Monday. However, they must perform pre-event Covid-19 testing, observe physical distancing and wear face masks. The venue should not be more than half-filled.

Ismail Sabri stated that the SOP for international travel to the purpose of umrah was approved by the Pandemic Management Technical Working Group on Sept 27. It was gazetted in accordance with the Oct 11 announcement for interdistrict and intrastate travel.

He …

Malaysian Indigenous Tribespeople Blocked Roads In An Attempt To Stop Logging In Borneo

To stop a timber company from logging land in Malaysian Borneo, Indigenous Penan tribespeople set up roadblocks. They consider this part of their ancestral heritage.

On Sept. 9, the Penan built their first blockade at Long Ajeng, Upper Baram state’s region in Sarawak. Their second was in Long Pakan, Middle Baram on Sept. 22.

Long Ajeng and Long Pakan villager claim that Samling, the timber giant, illegally invaded Penan land. Samling logged trees without their consent. These village heads claim that they filed police reports immediately after they discovered the encroachment and established blockades when authorities failed to act to stop Samling.

Twelve community leaders from Sarawak wrote a joint letter, addressing Chief Minister Abang Johari Tu Openg, who is the equivalent to the state governor, following the Long Ajeng blockade. They urged the government to stop Samling’s logging of the Upper Baram region’s last primeval forests, which are protected. The state government has not responded quickly.

Balang Nalan, Penan activist and leader Balang Nalan said that the government and loggers “control the forests.”

Land tenure disputes
Land surveys that were conducted after the enactment Sarawak’s 1958 Land Code result in the logging problems faced by Sarawak’s Indigenous people. According to activists, the state government frequently chose to mark land as “native communal reserves”, based on Section 6 in the code. This only recognizes the boundaries of farmland. This was disastrous for the Penans who are nomadic.

Nalan stated that the government wanted to conduct their perimeter surveys under Section Six. “The Penans lost so many lands under Section 6 but the court decided that the Penans had lost all their rights and lands forever after they consented to the Section Six survey.”

The Penan conducted their own surveys under Section 18 to prevent further losses. This section recognizes the entire territory of a community. In 2017, a group of Penan leaders approached state government and gave them community maps showing 70 villages that delineated each community’s territory. Nalan stated, “We did all the Penan’s mapping.” “We still await government approval.”

According to Penan community maps the blockades were built on Section 18 land. The government has not officially surveyed the land in question, so there is still some uncertainty about its legal ownership.

Tensions rising
Samling and Long Ajeng villager are in a peaceful standoff at the first blockade. However, tensions are rising at Long Pakan.

According to the …

Malaysia could allow fully vaccinated people from other countries to enter Malaysian borders

Muhyiddin Yassin (chair of National Recovery Council) said that the government is looking at opening the borders to fully vaccine international travelers from select countries.

According to Mr Muhyiddin, this would be based on the mutual recognition among countries of vaccine certificates.

After having presided over a recovery council meeting, which also included opposition leaders as well as captains of industry, he spoke to journalists on Friday (15 Oct).

“I hope the reopening and safe implementation of our borders, which are an integral part of our recovery, can be done soon,” he stated.

When asked, Muhyiddin replied that the border opening was being discussed by a working group meeting presided over Friday by Datuk Sei Ismail Sabri Yanakob, the Prime Minister.

The only exception to this rule is those who have received a recognized digital vaccine certificate.

“Maybe we could have a predeparture swab requirement, but we are looking to do away with mandatory quarantine or imposing one that is shorter.

He stated that these are currently being discussed and will soon be finalized.

The meeting began with Khairy, the Health Minister, briefing everyone on the latest Covid-19 indicators.

“This is particularly (regarding the downward trend in daily positive patients, significant decrease ICU(intensive care unit) bed use by Covid-19 patients as well as (high) vaccine rate among the adults,” he stated.

Mr Muhyiddin said that the meeting also focused upon providing assistance to two of the most affected groups: the small and medium-sized enterprises (SMEs) as well as the underprivileged in recovery from the pandemic.

He indicated that a task force was being formed to assess the impact on certain sectors or industries, and determine how to assist them.

The topic of ”Assisting SMEs in financing problems and staffing problems, and the distribution food aid to the hungry, was discussed.

“In view of the assistance given to SMEs by different ministries and agencies, it is important to conduct a thorough analysis to identify affected sectors and industries based upon the most current statistics.

He said, “This is to ensure that both long-term and short-term targeted solutions are possible.”

Based on the SME Association Malaysia’s special paper, funding and staffing were the most difficult issues they faced.

“The taskforce will present its detailed findings, and recommendations to council in a month,” Mr Muhyiddin stated.

“For instance, we want to find out how many workers are required and how can we help. …