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Marimuthu, Siva Barathi
- PublicationExcluding Food from Classification as Medicinal Products: The Implication on Consumer ProtectionFood is generally not viewed as a medicinal product. However, advertisements for food which bear therapeutic claims may result in the food being classified as a medicinal product. In the United States and Malaysia, the general rule is that food is classified as a medicinal product if therapeutic claims are made in the advertisements. The general rule is, however, subject to exemptions, and the exemptions in the two jurisdictions vary considerably. This article examines the implications of these exemptions for consumer protection in the two jurisdictions. It explores whether or not there is inadequate protection for consumers when food, which qualifies as a medicinal product, is not so classified and, accordingly subject to regulation as a medical product.
- PublicationControlling the biodiversity impacts of agriculture(Routledge, 2020)
; ;Cavalcanti de Albuquerque, Marcia Fajardo; Rossiter, DaviThis chapter considers the relationship between biodiversity and modern commodity agriculture in Brazil and Australia. It provides an overview of the financial constraints on biodiversity protection and the development of public programmes to encourage more sustainable ways of farming, including by small-scale, family farmers. The chapter then focuses on the threats to biodiversity posed by agriculture, including from land clearing, contamination from agro-chemicals and invasive species. The chapter concludes with a discussion of socio-ecological issues and governance of agriculture. - PublicationThe Sufficiency of Malaysia's Environmental Laws for the Protection of the Tasik Chini UNESCO Biosphere ReserveProtection against environmental crime is of particularly high importance in protected areas such as UNESCO Biosphere Reserves, which are focused on the synergistic relationship between man and environment. This paper explores environmental protection of the Tasik Chini Biosphere Reserve, located in a rural part of the State of Pahang in Malaysia. Tasik Chini was granted the status of the first Malaysian Biosphere Reserve in 2009 and was up for review by UNESCO in 2019. The alarming state of the lake's ecosystem, due to unabated anthropogenic interferences, exposes it to the risk of losing international recognition. This paper aims to examine the condition of Tasik Chini in the legal context, focusing on how the area can be better policed and managed to prevent environmental crime. The paper will firstly describe environmental harm caused (which continues) from logging and mining activities, as well as from agriculture in the reserve, followed by a review of relevant legislation in Malaysia. The study finds that there is no specific Malaysian legislation dedicated to the protection of Biosphere Reserves. However, there are relevant applicable laws, sufficient for conservation of the area and criminalisation of environmental harm.
- PublicationASEAN NGO Participation in UN Decision-Making Forums: Potential Hurdles(University of New England, 2022-07-05)
;Fraser, Nicole Joy; ; By contributing knowledge and expertise in the monitoring of states’ compliance with their international human rights obligations, domestic NGOs may be able to increase the representation of minority groups and increase the democratic legitimacy of decision-making processes. However, existing research suggests that hurdles are likely to limit the effective participation of some domestic NGOs, which in turn limits their ability to represent minority groups.
To illustrate the impact of hurdles, this paper seeks to identify what hurdles are likely to limit the ability of domestic NGOs’ representation of migrant worker issues, in the ASEAN region, in UN decision-making forums. By contributing knowledge and expertise in the monitoring of states’ compliance with their international human rights obligations, domestic NGOs may be able to increase the representation of minority groups and increase the democratic legitimacy of decision-making processes. However, existing research suggests that hurdles are likely to limit the effective participation of some domestic NGOs, which in turn limits their ability to represent minority groups.
To illustrate the impact of hurdles, this paper seeks to identify what hurdles are likely to limit the ability of domestic NGOs’ representation of migrant worker issues, in the ASEAN region, in UN decision-making forums. It is through the experience of domestic NGOs providing direct services to migrant workers that equips them with the knowledge and expertise for identifying issues which require legal reform or greater legal protection. However, as some domestic NGOs in the ASEAN region face limitations for their activities at the national level and some migrant worker issues are cross-border in nature, domestic NGOs may need to rely on avenues at the supranational level to advocate for migrant worker rights.
This research aims to identify what hurdles in the UN’s participatory frameworks and practices are likely to limit NGOs’ ability to participate effectively, and to propose possible reforms to ensure the effective participation of domestic NGOs. This will be achieved through the methodological approach of doctrinal analysis.
- PublicationThe impact of the insect regulatory system on the insect marketing system(Wageningen Academic Publishers, 2018-06-11)
;Lahteenmaki-Uutela, A ;Henault-Ethier, L; ;Talibov, S ;Allen, R N; ;Vandenberg, G WJozefiak, DTaking the macromarketing approach to insect food and feed, we study how the global insect marketing system is impacted by the global insect regulatory system. As an illustration, we study how the regulations of the European Union, USA, Canada and Australia impact marketing strategies of individual companies, and how company-level behaviour combines into the dynamics of the whole insect marketing system. The output of the global insect marketing system is the global assortment of insect products. The regulatory system has its topics, content, and tools with differences between countries. Topics are the elements of the insect business that regulators care about. Content determines what insect products can be launched. Tools are the regulatory instruments and sanctions. Regulatory differences between countries are an important determinant in the geography of launch patterns and in the resulting global assortment of insect products available. - PublicationCorporate governance and shareholders' confidence in cooperativess a systematic literature review(Faculty of 1000 Ltd, 2022-03-10)
;Thangaveloo, Arasu ;Dorasamy, Magiswary ;Bin Ahmad, Abdul Aziz; Jayabalan, JayamalathiBackground: The confidence of Bottom 40 (B40) shareholders is crucial for cooperative's sustenance within wider corporate governance. An in-depth study on cooperatives is needed, as they play a crucial role in the Malaysian economic system and contribute greatly to the country's social development. However, in the current landscape, confidence among shareholders is at stake. This study aims to identify the research gap into corporate governance for cooperatives in relation to B40 shareholder confidence, as well as identify current study challenges and develop a conceptual framework for future research.
Methods: We conducted a systematic literature review, with the use of agency theory to assess shareholders' confidence. Emerald, ProQuest, InderScience, Scopus and Science Direct were the online databases used in this study to search five keyword phrases: corporate governance, confidence, cooperative, agency theory and Bottom 40% (B40) household. Tranfield's five stages were used to conduct the systematic review.
Results: Only 5 of the 324 studies assess shareholders' confidence in cooperatives, as well as one paper on B40 and two papers on agency theory. Our review presents three major findings. First, research in the context of B40 shareholder's confidence in cooperatives is scarce. Second, the challenges related to shareholders' confidence in B40 are major issues in the context. Third, research on agency theory in the context of shareholders' confidence within cooperatives and corporate governance is still scant.
Conclusions: This review urges the research community to conduct more studies based on the highlighted research gaps. - PublicationLaw of Evidence in MalaysiaThe Second Edition of Law of Evidence in Malaysia is written by experienced academics. It continues to use simple language to assist students and legal practitioners with an understanding of the evidence law in Malaysia. The chapters have been rearranged to provide better flow and connectivity between them. This Second Edition incorporates three additional chapters, i.e. Judicial Notice in Chapter 8, Production and Examination of Witnesses in Chapter 12 and Estoppel in Chapter 14. The chapter on Judicial Notice covers the application of section 57 of the Evidence Act 1950 as well as judicial notice under the common and general knowledge. The chapter on Estoppel, on the other hand, explores the common law standing on estoppel and that provided under sections 115-117 of the Evidence Act 950.
- PublicationAdvertising of Pharmaceutical Products by Online Pharmacies: Need for Specific Legal GovernanceThe internet offers significant benefits to consumers in the form of greater and easier access to detailed information as well as convenient access to healthcare information but also for prescriptions and medical advice. The Malaysian government embarked on building a healthcare information system for the 21st century through its Tele-health Project 2000. The said project aims to keep people healthy through a virtual healthcare information system. One important aspect of healthcare is pharmaceuticals. Although there are undoubted benefits of online pharmacies such as competitive prices, convenience and privacy, but there are potential risk involved as well, one of which is false and misleading information. Malaysia has developed some significant laws primarily to protect its consumers. These piecemeal laws have been able to meet the basic objectives of consumer protection as and when required. However, the concept of online pharmacy demands more comprehensive consumer protection. This article explores if a specific law governing the advertising of pharmaceutical products by online pharmacies is needed. In doing so, it examines the legal issues associated with online advertising of pharmaceutical products and the extent to which existing laws governing the advertising of the same is adequate.
- PublicationSurrogacy Arrangements: Law and Morality Issues in the Malaysian PerspectiveScience has revolutionized the reproductive environment. At the current era of advance science and technology the impossible, unimaginable or unthinkable is achievable. It has not only been made possible for a woman to have sexual intercourse without getting pregnant, but also to get pregnant without sexual intercourse. One of such means is through surrogacy. In a surrogacy arrangement a woman known as the 'surrogate mother' consents to bear a child for a childless couple. The surrogate mother is impregnated either by artificial insemination or in vitro fertilization. After carrying the child for forty weeks and delivering the child thereafter, the child is handed to the custody of the childless couple. The surrogate's ties or bond with the child ends upon the delivery of the child. However, as simple as it sounds, surrogacy arrangements raise many dilemmas in the context of law, religion, morality, custom and culture. This article looks at the legal, moral and religious implications arising in surrogacy arrangements. Should surrogacy arrangements be treated as a mere contract? What is the validity of such arrangements and the moral issues arising in the Malaysian perspective?
- PublicationSystem of pre-approval of advertisements of medicinal products in MalaysiaIn Malaysia, sellers are required to submit advertisements with medicinal claims to the Medicine Advertisement Board of Malaysia (MAB) for a review before the advertisements can be published or broadcast. The MAB is responsible to approve the claims in the advertisements before the products bearing them may be marketed to consumers. This form of regulatory control, which is known as a system of pre-approval of advertisements, is carried out to prevent irreparable harm that may be caused by advertising. Advertisements are checked for not only untrue, misleading or highly exaggerated medicinal claims but also impermissible claims. Whilst Malaysia exercises a system of pre-approval of advertisements of medicines and thereby is able to prevent a fraction of deceptive advertisements from reaching the public, the system is arguably inadequate given the increasing number of deceptive claims in advertisements. This paper aims to examine the system of pre-approval of advertisements in Malaysia by way of comparison with the system in Australia, and suggest how the system may be improved so as to ensure a better protection to consumers who rely on advertisements with medicinal claims.
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