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The Impact of International Law on Malaysian Law: A Comprehensive Analysis

February 22, 2023 |

The legal system in Malaysia has been shaped by a variety of international laws and agreements, many of which have been in place for decades. This has had a significant impact on the development of the Malaysian legal system, creating a unique and complex set of laws that have been shaped by its international influences.

The impact of international law on Malaysian law can be seen in various areas, including criminal law, civil law, and human rights law. In criminal law, international law has helped to shape the Malaysian Criminal Procedure Code, which sets out the rules governing criminal proceedings. International law has also been used to strengthen the laws related to human trafficking, and to create a framework of laws that protect the rights of victims of crime.

In civil law, international law has had an important impact on the development of the respective civil laws of Malaysia. This includes the adoption of principles of international law, such as those contained in the Hague Convention, which is a treaty that sets out the rules for the recognition and enforcement of foreign judgments and awards. International law has also been used to shape the laws related to family law, business law, and intellectual property law.

The impact of international law on Malaysian law also extends to the protection of human rights. Malaysia is a signatory to many international human rights conventions, such as the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These conventions have helped to shape the development of the laws related to freedom of expression and the protection of human rights in Malaysia.

Overall, the influence of international law on the development of the Malaysian legal system is undeniable. By incorporating international law into its legal framework, Malaysia has been able to create a unique and complex system of laws, which reflect the needs and interests of its citizens while also adhering to international standards. This has allowed Malaysia to create a legal system that is both effective and equitable, while still being mindful of its international obligations.