Sarah Yen Ling Tan

University of Malaya

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Mariani Ariffin

Universiti Putra Malaysia

David Saunders

Unifor

Saw Tiong Guan

University of Malaya

Sujata Balan

University of Malaya

Hanim Kamaruddin

National University of Malaysia

Chang Jun

Nanyang Technological University

Himanshu Prabha Ray

Jawaharlal Nehru University

Maizatun Mustafa

International Islamic University Malaysia

Inaya Rakhmani

University of Indonesia

Siti Fatimah Sabran

Tun Hussein Onn University of Malaysia

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University of Malaya

University of Hong Kong

New York University Press

Cambridge University Press

Ludwig-Maximilians-Universität München

University of Melbourne

Sogang University

Universiti Putra Malaysia

University of Indonesia

University of Queensland

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Overview of legal and administrative approaches to manage human-wildlife conflicts in Malaysia

Maizatun Mustafa Mariani Ariffin Siti Fatimah Sabran Sarah Yen Ling Tan

Human-wildlife conflicts result when the actions of humans or wildlife have an adverse impact upon the other. This paper presents an overview of Malaysia’s legal and administrative approaches to manage human-wildlife conflicts (HWC). Firstly, the paper reviews the status of wildlife in Malaysia and the current conflicts involving man and wild animals that happen both in urban and rural areas. Then it identifies government’s policy relating to land-use planning as well as wildlife conservation, and examines how such policies have shaped HWC. While urbanization and agricultural expansion are considered main factors that contribute towards such conflict, environmental law and relevant administrative instrument on the other hand can play vital roles to support the management and mitigation of HWC. For this purpose, the article examines existing legal provisions and administrative strategy applicable in Malaysia to manage and mitigate conflicting interests of human and wildlife. The examination concludes that law and institutions have important roles to play in managing and mitigating HWC. Mitigation measures through the provisions of law and institutional strategy that take into consideration biological, economic and social factors can effectively narrow down the conflicts. At the same time such measures also help towards environmental conservation, and enhancement of human welfare, health and safety

Human–wildlife conflict

Social conflict

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Development and Assessment of Orthosiphon aristatus Emulgel: A Novel Approach to Anti-Inflammatory Topical Therapy

Zenodo (CERN European Organization for Nuclear Research) (2023)

Sarah Yen Ling Tan James Lee

10.5281/zenodo.8248662

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TRN volume 7 issue 2 Cover and Back matter

TRaNS Trans -Regional and -National Studies of Southeast Asia (2019)

Himanshu Prabha Ray David Saunders Nicole Jenne Chang Jun Sarah Yen Ling Tan

An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

Content (measure theory)

10.1017/trn.2019.16

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The Malaysian environmental framework: Jurisdictional weaknesses and the effects of a constitutional provision

Asia Pacific Journal of Environmental Law (2011)

Sarah Yen Ling Tan

Every system of government has its own set of environmental issues and challenges. Uncertainty, with regard to jurisdiction between state and federal authority in environmental management, or where environmental degradation has occurred, is one of the more common and prevalent issues in countries with a federal structure of government; Malaysia is no exception. This article contends that this jurisdictional uncertainty in Malaysia can be alleviated and its effects, to an extent, diminished with a constitutional provision. A provision within the Federal Constitution (Malaysia) explicitly providing for the right to a clean environment could have a substantial and positive effect on existing jurisdictional challenges. It is this relationship, and the possible effects that a constitutional provision could engender, that this article will examine in more detail.

Environmental degradation

Strengths and weaknesses

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Environmental Challenges Within ASEAN: Contemporary Legal Issues and Future Considerations

Springer eBooks (2019)

Sarah Yen Ling Tan Hanim Kamaruddin

Deforestation

10.1007/978-981-13-8043-3_8

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The Reid Constitutional Commission: The 'Lost' Environmental Proposals for Malaysia

SSRN Electronic Journal (2013)

Sarah Yen Ling Tan

Within the written words of the Malaysian Federal Constitution, ‘environment’ is missing. No express term provides or protects the right to a clean environment, except for a limited questionable right judicially interpreted under art 5(1)’s right to life. It has often been said that the framers of the Constitution, the Reid Constitutional Commission, omitted to provide for the environment given the Constitution’s silence on this matter, and that this omission is fatal. However, it is suggested — contrarily — that there may be historic evidence to demonstrate not only that the Reid Constitutional Commission made proposals for environmental protection, but also that it envisaged a strong federal governmental role in the preservation and conservation of the environment; a role which, if recognised and adopted today, could result in greater protection for the environment and a more certain legal environmental framework for Malaysia.

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Directors’ Duties of Care, Skill and Diligence: An Analysis of Some Developments in Malaysia

Jernal undang-undang (2014)

Sujata Balan Saw Tiong Guan Sarah Yen Ling Tan

In 2007, the Malaysian Companies Act 1965 was amended to incorporate new provisions to deal with directors’ duties of care, skill, and diligence and their powers of delegation and reliance on information provided by others. In addition, a ‘business judgment rule’ was inserted into the Act. This article examines, from the Malaysian perspective, the origins of these novel provisions, their contents, the need for enacting them and their likely impact on business processes and managerial decisions made by company directors in Malaysia.

Diligence

Due diligence

Delegation

Business judgment rule

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Achieving Goal 16 of the Sustainable Development Goals and Environmental Lessons for Malaysia

TRaNS Trans -Regional and -National Studies of Southeast Asia (2019)

Sarah Yen Ling Tan

Abstract On September 2015, countries around the world pledged to end poverty, protect the planet, and hit specific developmental targets within fifteen years at the signing of th|e United Nations 2030 Agenda. Within the 2030 Agenda are seventeen Sustainable Development Goals (SDG). Goal 16 of the SDG contains twelve targets; of these, Target 16.3 is aimed at ensuring equal access to justice for all and Target 16.10 at ensuring public access to information. Malaysia as a signatory has pledged its commitment to fulfilling these SDGs. This paper's primary focus is on the fulfilment of Targets 16.3 and 16.10 within Malaysia's legal environmental framework. At present, there are provisions that ensure equal access to justice and those that ensure public access to information; however, it is suggested that these are insufficient, uncommon, and limited. This paper proposes an amendment to the Federal Constitution to include the express right to a clean environment, and demonstrates, through comparative study, the success similar provisions have had on the environmental protection laws of other countries such as India, the Philippines, South Africa, Nepal, the Netherlands, and Nigeria. It then considers what possible lessons Malaysia could glean from these national experiences in fulfilling its goals for Targets 16.3 and 16.10 before concluding with the proposition that Malaysia should consider an express constitutional right to a clean environment if she intends to meet her SDG goals.

10.1017/trn.2019.9

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