International Journal of Law and Legal Studies

International Journal of Law and Legal Studies Vol.  2 (2) pp. 104-112, February, 2015. © International Scholars Journals

Full Length Research Paper

Teaching of corporate administration and rivalry laws: The Malaysian points of view

*Sidek Azmi, Pamdelela V. Mohd and Nong Abidin

Faculty of Law, Economics and Business Administration, University of Kuala Lumpur, Kuala Lumpur, Malaysia.

E-mail: [email protected]

Accepted 22 January, 2015

Abstract 

This study examines the issues of competition law in Malaysia. These issues had challenges not only in its goal towards a market economy, but also in its national re-engineering of the economy under Malaysia’s industrialization plan. Malaysia has reached now reached that goal. The main issues were the impediments as to whether or not to introduce a structured, broader competition law in Malaysia. Often, in Malaysia, when markets were unable or unwilling to provide goods, services, or competition, the State became involved in the establishing of a free market. Malaysia has done this in its Capital Market Master plan, and the pressing challenges were on local trade issues. The trade barrier issues in Malaysia were different, as unique issues concerned culturally and historically based protection zones. Documents from several Articles (81 and 82) of the European Community Treaty, a variety of United States statutes such as The Sherman Antitrust Act, The Clayton Antitrust Act, The Federal Trade Commission Act and The Antitrust Criminal Penalty Enhancement and Reform Act of 2004, and also Malaysian government guidelines were scrutinized in studying and establishing The Doctrine of Malaysia’s Competition aw, with its various attributes in illustrating corporate governance. The citation of three case studies to illustrate how competition legislation worked in the EU, UK, US and Malaysia provided the foundation of the new laws dealing with competitive practices. Malaysia needed to determine its primary of focus that is the producers and suppliers or the consumers. The US model protected the producers whilst the EU model shielded the consumers. The US model was more interested in economic and econometric results while the EU model emphasized social and regional development and the political consequences as well. The EU also protect the rights of small businesses more vigorously than the American legislation and, the EU to some extent, sacrifices intellectual property rights in the name of fairness and the free movement of goods and services. In the case of Malaysia, it seemed that Malaysia was more inclined to the EU than the American models. The purpose of this study is to illustrate competition laws deemed to secure a competitive marketplace and thus protect the consumers from unfair, anti-competitive practices. Yet, competition laws had to embody the inherent conflicts in emerging markets such as those in Malaysia, as well as a system of conflict resolution.

Key words: Competition law, anti-competitive practices, market economy and anti-trust law.

International Journal of Law and Legal Studies Vol.  2 (2) pp. 089-103, February, 2015. © International Scholars Journals

Full Length Research Paper

Building limits abroad to settle clashes at home. Preparatory comments on the European strategy of lawful instruction and legal preparing in CEECs

Federico E. Vespucci

Faculty of Law, Economics and Business Administration, Sapienza University of Rome, Rome, Italy.

Email: [email protected]

Accepted 20 January, 2015

Abstract 

A triadic structure is key to ensure the legitimacy of the judge, that is, a prototype of the mechanism of dispute settlement adopted in complex and advanced societies. In order to promote the enforcement of the rule of law in the new member States, the European Union and the Council of Europe enacted several policy instruments, all of them aiming at providing judges and prosecutors with new arenas where they may socialize, exchange views and information, share ideas. Lawyers and private attorneys are almost absent from the targets addressed by the European policy of rule of law promotion. Therefore, know-how and capacities are strengthened on one side of the bench – the side of the judicial actors – whereas the private side – the lawyers – seemed to be neglected. Relying on an innovative data set constructed alongside a five years of research conducted by the author, this paper addresses the issue whether or not these policy instruments will prove able to positively influence the legitimacy of the adjudication in the new members. In the last section, some hypotheses are suggested to set down a tentative research agenda for the very next future.

Key words: Judicial training, conflict resolution, capacity building, rule of law, European enlargement.

International Journal of Law and Legal Studies Vol.  2 (2) pp. 082-088, February, 2015. © International Scholars Journals

Review

Impacts of "islamaphobia" on Muslim workers and their sponsers

Ahmed Talabani Kadim

School of Law, Faculty of Management and Law, Nahrain University, Baghdad, Iraq.

Email: [email protected]

Accepted 18 January, 2015

Abstract 

The so-called “war on terrorism” that the United States has declared as a response to the 9/11 tragedy has affected Muslim-Americans, perhaps more than any other group. Many of these people are victims of what may be called “islamaphobia” the fear or suspicion of Muslims or those who appear to be of middle-eastern origin. As a result, many Muslims avoid disclosing their heritage, isolate themselves from non-Muslims, and give up pursuing many of the opportunities that are available to immigrants of other cultures. In the resulting self-segregation and isolation, many are vulnerable to victimization and exposed to anti-western indoctrination. In the current climate of suspicion Muslims have less access to helping professionals including social workers, lawyers, and immigrants rights specialists. Advocates, in turn, find that their efforts to help are thwarted by their clients’ understandable apprehension and suspicion. This article offers some suggestions about how advocates might overcome these challenges and provides better services for those in need.

Key words: Islamaphobia, immigrant, Islam, Muslim, immigration law, legal and xenophobia.

International Journal of Law and Legal Studies Vol.  2 (1) pp. 063-071, January, 2015.  © International Scholars Journals

Full Length Research Paper

How law students use data assets: A contextual investigation of the University of Benin, Benin City

Sashewu E. Austin

School of Law, Faculty of Management and Law, University of Lagos, Lagos State. Nigeria.

Email [email protected]

Accepted 13 December, 2014

Abstract 

This is a case study of how undergraduate law students of University of Benin, Benin City make use of information resources. The objective of the study is to understand how male and female law undergraduate students acquire their information, the resources employed and to what purpose information is sought. The researcher adopted a descriptive survey technique. The sample consisted of 230 undergraduate law students randomly selected from the first to fifth year of study. Their information seeking activities were tested to discover how undergraduate law students utilize information resources. The study found that there is only a slight difference in how male and female undergraduate law students use information resources and that the need to compliment lecture notes rank highest in the information need of the students. The study recommends formal training in the use of information resources will significantly improve the pattern of both information use and search.

Key words: Information resources, law, students, University, Nigeria.

International Journal of Law and Legal Studies Vol.  1 (3) pp. 058-062, December, 2014. © International Scholars Journals

Review

The part of advanced library in law research

*Tony W. Shaka, Femi D. Badmus and Akpoguma J.

School of Law, Faculty of Management and Law, University of Lagos, Lagos State. Nigeria.

E-mail: [email protected].

Accepted 24 November, 2014

Abstract 

This paper discussed the role of digital libraries in law research. Works from similar studies were reviewed. The paper discussed the concept of digital library and its advantages and problems, the concept of legal research, important of information resources, information needs and seeking behavior of lawyers were also discussed, the results of observational method conducted in some universities in Nigeria were also discussed.

Key words: Library, digital library, lawyers, law research.

International Journal of Law and Legal Studies Vol.  1 (3) pp. 050-057, December, 2014. © International Scholars Journals

Full Length Research Paper

Legal advances on evaluation of contractors’ right to extension of time

*Najib E. Sali, Mahathir V. Anwar and Razif Idlan

School of Law, Faculty of Management and Law, University of Malaya, Kuala Lumpur, Malaysia.

E-mail: [email protected]

Accepted 02 November, 2014

Abstract 

Delay is acknowledged as the most common, costly, complex and risky problem encountered in construction projects. Different project scheduling and planning techniques would have different approaches of assessment of extension of time (EOT). Hence, this research aims to (a) review the legal positions in Malaysia with regards to EOT assessment and (b) evaluate the contractors ‘entitlement to EOT from case studies in Malaysia. Literature study was carried out for the first objective whereas two real-case studies on different delay analysis methods were investigated later. Subsequently, three legal experts of construction claims were interviewed. The literature showed that the courts and arbitration tribunals have not generally gone into great depths for EOT assessment and delay analysis. The experts, considering the second objective, delivered a unanimous opinion that both cases were weak in terms of the entitlement for EOT due to the issue of concurrency of the delaying events and the lack of accuracy of the work programme.

Key words: Project management, legal perspective, delay, extension of time (EOT), construction.