Journal of Malaysian and Comparative Law

EDITORIAL NOTE

2025-12-29T15:31:30+08:00

MANAGING POLYCHLORINATED BIPHENYLS IN COMPLIANCE WITH THE STOCKHOLM CONVENTION: BANGLADESH IN CONTEXT

2025-12-18T12:00:28+08:00

The use of hazardous substances (HS), chemicals and hazardous waste (HW), invites multifaceted issues affecting the economy, society and natural environment. The findings of literature by authoritative scientific bodies confirm that the production and excessive use of HS and HW are deleteriously impacting the environment, ecosystems, human health, and wildlife. Due to their ability to persist in nature for long periods and cause harm, some of these chemicals are classified as persistent organic pollutants (POPs). Among these POPs, polychlorinated biphenyls (PCBs) are significant and have been used in various industrial and commercial products, mainly in electrical equipment. The environmentally sound management (ESM) of PCBs, other hazardous POPs, and their wastes is a pressing concern for all States regardless of their size and nature. Developing countries, in particular, have become victims of excessive use for various reasons. To address issues pertaining to POPs, the Stockholm Convention (StC) was adopted in 2001. Bangladesh, as a party to the StC, has taken various regulatory initiatives to control the release and ensure the ESM of POPs and various HS, chemicals and HW. This article assesses the extent to which and the effectiveness with which Bangladesh’s legal and policy instruments have integrated the obligations of the StC regarding the ESM of PCBs. The findings of this research have the potential to guide the stakeholders of Bangladesh in bringing necessary changes in its regulatory framework, and also for other developing countries in charting their future directions regarding PCBs management.

THE CHANGE OF POSITION DEFENCE IN MALAYSIAN UNJUST(IFIED) ENRICHMENT: REFLECTIONS FROM ENGLISH LAW

2025-12-21T09:09:51+08:00

In England and in Malaysia, the recognition of unjust or unjustified enrichment has necessitated the simultaneous acceptance of a defence of change of position. In stark contrast with the English experience, the leading apex-court decision in Malaysia, which recognised this new private law action, made no elaboration on the defence. This article hopes to fill that gap by evaluating the normative place of change of position against four peculiarities of the Malaysian unjust(ified)-enrichment-and-restitution landscape. The first feature is the existence of a statutory restitutionary regime provided for by the Contracts Act 1950, which stands in parallel with this newly recognised liability at common law. The second feature is the seemingly adopted ‘value surviving’ test for enrichment, as opposed to a ‘value received’ model. The third feature is Malaysian law’s adoption of the Civilian-inspired ‘absence of basis’ approach. The fourth feature is the elusive ‘unconscionability’ inquiry that has crept into the unjust(ified) enrichment framework. Each of these features interacts with the change of position defence in a manner which presents unique and unresolved challenges to the doctrinal coherence of this still-nascent legal subject.

HINDUISM, THE LAW, AND THE ENVIRONMENT

2025-12-31T00:14:41+08:00

Hinduism is the third largest, and possibly the oldest religion in the world. It encompasses a rich and diverse array of beliefs, customs, practices, and philosophies. The relationship between Hinduism, the law, and the environment is intricate and multi-dimensional, influenced by diverse theological, philosophical, and cultural perspectives. Using a qualitative methodology encompassing an analysis of the relevant religious text on Hinduism as well as contemporary data on pertinent environmental issues plaguing the world today, this article seeks to draw a nexus between the ancient religion of Hinduism in the context of modern environmental issues, and explore the diverse ways in which Hindu environmental ethics can impact modern conservation efforts on the preservation of the environment. The findings show that ancient wisdom is still relevant today in our quest to protect and conserve the environment around us.