The right to freedom of religion is one of the fundamental rights guaranteed in many international and regional human rights instruments. Several international documents safeguard freedom of religion including the right to convert from one faith to another. In Malaysia, the safeguard of this fundamental right is provided under Article 11(1) of the Federal Constitution with some limitations. The right to convert out of one's faith is not mentioned explicitly. However, for the non-Muslims, this right to opt out of one's faith and choose another has been regarded as an implicit part of religious liberty guaranteed by Article 11. In relation to the Muslims, the issue of apostasy is regarded as a taboo as well as a politically explosive proposition. This paper aims to examine the concept of freedom of religion under international law focusing mainly on the issue of apostasy in the context of the Malaysian Federal Constitution. The paper concludes that the position of Muslims especially in the context of embracing a new religion remains unsettled.
Corporate governance is not a legal term. It is a term that refers broadly to the rules, processes, or laws by which businesses are operated, regulated, and controlled. It has traditionally specified the rules of business decision making that apply to the internal mechanisms of companies. Corporate governance mechanisms have the purpose of monitoring and controlling the management of corporations resulting in more effective management and to enhance shareholder value. The aim of this paper is to examine the duty of company directors to act in good faith and in the best interest of the company by way of making reference to the Malaysian experience. This paper adopts a legal library based research methodology focusing mainly on primary and secondary legal sources. The paper concludes that although directors must exercise their discretion in good faith, the fiduciary duty to act in good faith in the interests of the company is a subjective duty. There is no breach where the directors act in what they honestly believe to be in the interests of the company. The courts are generally reluctant to override the business judgment of directors. The paper recommends that courts should adopt a flexible approach in dealing with directors' duty to act in good faith and in the best interest of the company. The erosion of a director's obligation to act in good faith does not bode well for the modern corporation and the economy, and a meaningful interpretation of "not in good faith" is necessary to help halt the erosion.
Recognition and enforcement are crucial elements of arbitration. Without the possibility for the winning party to enforce the arbitral award in its desired country, the whole arbitration process becomes pointless. This paper discusses the requirements for recognition and enforcement of international arbitration awards in Malaysia and Saudi Arabia. The paper aims to provide a clarification to the Arbitration law in both countries focusing mainly on the issue of the requirements regarding the recognition and enforcement of international arbitration awards. In this paper, both the Malaysian Arbitration Act 2005 and the Saudi Arbitration Act 2012 were compared with the Convention on Settlement of Investment Disputes 1965 (ICSID Convention). The methodology adopted in this paper was purely doctrinal in nature focusing mainly on the primary and secondary sources. On a final note, the paper concluded that the two Acts are less similar to the ICSID Convention when it comes to the requirements for recognition and enforcement of international arbitration awards. Hence, there is an urgent need for the two countries to adopt some form of reforms as far as the two Acts are concerned especially on the issue of ‘reciprocity reservation’ since it adds more complications to business transaction.
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