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2021 ◽  
Vol 6 (23) ◽  
pp. 157-170
Author(s):  
Mohd Sohaimi Esa ◽  
Irma Wani Othman ◽  
Romzi Ationg ◽  
Mohd Azri Ibrahim ◽  
Sharifah Darmia Sharif Adam ◽  
...  

By independence, the leader of the Alliance Party has failed to reach a consensus on some controversial issues such as citizenship, the national language, and the special position of the Malays. Such matter was later handed over to an independent commission with the hopes that all races in Malaya will be fairly treated. Subsequently, the British government and the Malay Rulers were agreed to the formation of an independent commission namely the Reid Commission draw up a draft of Independent Malaya’s Constitution in March 1956. By applying a historical approach/method through an analysis of historical documents sought from the Public Records Office, London, and the National Archives of Malaysia, Kuala Lumpur, this paper discusses the significance of the Alliance Party leadership in the Reid Commission. This paper also discusses the dilemma faced by the Alliance Party leaders in seeking the consensus on the number of issues, including the key characteristics of a nation-state they intended to create after the independence. Moreover, debates between the delegation of the Alliance Party and the Reid Commission have also been given due attention. Accordingly, the study found that the credibility, as well as the tolerance shown by the leaders of the Alliance Party significantly, made the Reid Commission accepts the motion of independence. This is crucial as it was a key to the creation of the Federation of Malaya Constitution that led to the independence of Malaya in 1957.


2020 ◽  
Vol 73 (1) ◽  
pp. 63-88
Author(s):  
Paweł Pietrzak

The purpose of this article is to conduct an international law analysis of the events that occurred around the Strait of Hormuz in 2019 and related incidents. It mainly focuses on incidents that took place between the United States and Iran. It should be noted that the complexity of the factual situation has a significant impact on the content of the argument. Namely, the article only describes events of key importance from the perspective of international relations. They are supplemented by events of moderate significance that are necessary for conducting an argument from the perspective of international law. The following issues are also considered: the importance of the Strait of Hormuz, relations between the United States and Iran after 1941 and the increased tension observed in their relations since spring 2018. Even though ambiguities of both factual and legal nature speak in favour of the Islamic Republic of Iran, according to the rule in dubio pro reo, it seems that the activities of the Iranian state should be examined in more detail. Consequently, it can be concluded that it is necessary to appoint an independent commission to collect more evidence.


2020 ◽  
Author(s):  
Wayne O'Connor ◽  
Michael P. Heasman

Abstract Developing aquaculture in increasingly urbanized societies poses significant challenges. An example has been the recent attempt to establish a pearl industry in the sub-tropical waters of New South Wales (NSW) on the Australian east coast. NSW is Australia's most populous state with the vast majority of the population and development occurring along its coast. This development has led to conflict over land and water use. In 1993, interest began in developing a marine pearl industry using the native pearl oyster Pinctada imbricata. The NSW Government was approached and research was undertaken to establish the status of the P. imbricata population in NSW, its amenity to culture, its capacity to produce high quality pearls and the likely impacts that a pearl industry might have. In 2001 the first application to establish a 92 ha commercial farm was made, which met with considerable local public opposition. Concerns regarding the social, economic and environmental impact were raised and the government responded by establishing an independent Commission of Inquiry. While the Commission recommended that, with certain constraints, the farm could proceed, the government ultimately overturned the decision citing environmental concerns and refused the development application. A subsequent, significantly altered application was lodged in late 2003, but this application also met with local opposition and was similarly refused in mid-2004. Despite research confirming the environmentally benign nature of the proposal and the confirmation of economic viability, the failure to initially effectively allay public concerns ultimately prevented the acceptance these two applications. The future of a pearl industry in NSW is now unclear.


2020 ◽  
Vol 18 (1) ◽  
pp. 223-262

Summary The present report contains the main findings and recommendations of the commission of inquiry established pursuant to Human Rights Council resolution S-21/1. In the report, the commission urges all actors to take immediate steps to ensure accountability, including by guaranteeing the rights of all victims to an effective remedy.


2020 ◽  
Vol 1 (2) ◽  
pp. 1-3
Author(s):  
Cecilia Young

Dental Councils are Quasi-Judicial Bodies, Declaration of the Conflict of Interest is vital to the fair trial. This short communication discussed the issue regarding the related laws, code of professional ethics and the sample code of conduct for members of public bodies from Independent Commission Against Corruption. A compulsory session for the Declaration of Conflict of Interest is necessary before the Preliminary Investigation and the Hearing.


Author(s):  
Scott James ◽  
Lucia Quaglia

The main driver of new, stringent rules on bank structure was not pressure from elected officials, as the two largest UK political parties were ambiguous about the benefits of separating retail and investment banking. Instead, we argue that regulators in the Bank of England pushed strongly for ‘ring-fencing’ to address moral hazard concerns caused by too-big-to-fail banks. Despite fierce opposition from the financial industry, regulators were determined to trade up rules by actively cultivating political support through the Independent Commission on Banking (ICB) and in Parliament. At the international and EU levels, UK regulators acted as fence-sitters on banking reform for two reasons. First, unilateral reform by the US meant that it was not possible to push for an international solution with its traditional ally. Second, resistance to major structural reforms amongst several member states limited the scope for harmonization across the EU.


2020 ◽  
Vol 2 (2) ◽  
pp. 163-179
Author(s):  
Ridwan Arifin ◽  
Rodiyah Rodiyah ◽  
Fitria Puspita

This article seeks to discusses anti-corruption policies in Indonesia and Hong Kong. This research arises from the phenomenon of corruption that has become widespread in Indonesia and seems to be a never-endingproblem that has caused great damage in all sectors of life. It's not only a matter of how much the state loss or corrupt modus operandi that is even more sophisticated and even makes Indonesia one of the highest-rankingcountries in corruption cases, but it is also a matter of law enforcement whihch is less smart in handling corruption cases themselves. On the other hand, reportedly having a different approach in combating corruption, Hong Kong is considered to have been successful in carrying out its duties. With comparative study, this article will elaborate various patterns of work conducted by anti-corruption institutions in Indonesia and Hong Kong, namely the Corruption Eradication Commission (KPK) and the Independent Commission Against Corruption (ICAC).


Asian Survey ◽  
2020 ◽  
Vol 60 (1) ◽  
pp. 34-40
Author(s):  
Sonny Shiu-Hing Lo

The anti-extradition movement in Hong Kong began in June 2019 and has evolved since July into protests against police power and the mainlandization of the territory. Although Beijing supports Chief Executive Carrie Lam and the police, the movement persists amid demands for the creation of an independent commission of inquiry into police actions.


2019 ◽  
Author(s):  
Alex Cobham ◽  
Tommaso Faccio ◽  
Valpy FitzGerald

The current OECD process to reform the international rules governing corporate tax, aimed to achieve a consensus solution by 2020, has finally recognised the need to introduce elements of formulary apportionment to allocate the profits of multinationals and is framed explicitly in terms of redistributing taxing rights between countries. In this paper we provide the first public evaluation of the redistribution of taxing rights associated with the leading proposals of the OECD, IMF and the Independent Commission for the Reform of International Corporate Taxation (ICRICT). The first key finding is that that reallocation of taxing rights towards “market jurisdictions”, as it is currently understood, is likely to be of little benefit to non-OECD countries. Indeed, the proposal is likely to reduce revenues for a range of lower-income countries. Second, all of the proposals deliver a much broader distribution of benefits if some element of taxing rights is apportioned according to the location of multinationals’ employment, and not only of sales.


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