Sustainable development and protecting the indigenous heritage sites in Australia: striking a balance

In May 2020, two 46000-year-old caves or rock-shelters, at Juukan Gorge in the Pilbara Region of Western Australia, were blown up by Rio Tinto - one of the world’s largest metals and mining corporation producing iron ore, copper, diamonds, gold and uranium. The heritage site has strong and significant historical, cultural and spiritual importance to the land owners, i.e. the Puutu Kunti Kurrama and Pinikura (PKKP) peoples of Pilbara Region. Some archeologists considered the site as “Home to the Dawn of Humanity” and, therefore, these two caves at Juukan Gorge can be even categorised as the “World Heritage”. Undeniably, the need for the development is necessary and it needs to be done in the most sustainable way known to mankind. By taking into consideration of interests of all the stakeholders of the past, present and future, several recommendations are proposed in this presentation: “to do the right thing, in the right way”

Best practices and new norms in alternative dispute resolution

The recent technological advances, especially related to information technology (IT), to be even more specific Artificial Intelligence (AI), trigger the emergence of the Fourth Industry Revolution (IR4.0) which is very dynamic and progressive to the extent most of the major industries in the world have no option left but to transform the industry accordingly in order to survive in the IR4.0 era. Therefore, even well before the pandemic, we witness disruption in various industries. In this regard, the former Chief Justice of Malaysia, Tan Sri Richard Malanjum, mooted that: “[T]he legal profession must embrace technology. There is no option. It is coming soon to the legal profession. Adapt or be dropped”. Thus, the ADR, as a dispute resolution industry, is no exception and it has to go through transformation in the IR 4.0 era regardless of the occurrence of the COVID-19 pandemic

Legal theory and concept of law

In the beginning of the legal study, it is very crucial to be familiar with diverse theories and concepts of law. For that reason, this chapter briefly discusses both juristic definitions of law propounded by various jurists as well as statutory definitions of law in Malaysia; and classifications of law from various perspectives

Negotiation: types and ethical issues

Negotiation is an alternative and yet peaceful means of resolving a dispute, which can be utilised by people or entities to settle their differences through compromise or agreement that would allow the parties to continue to maintain their mutually beneficial relationship after the resolution of their differences. Negotiation is a non-adjudicative, flexible, informal and confidential method that may be conducted bilaterally or multilaterally. An effective negotiation necessitates observance of certain ethical values by the negotiators including honesty, trust, fairness, etc., that would enable them to resolve their differences justly and fairly, and at the same time make sure that the relationship between the parties continues to flourish. The scope of this chapter does not cover all aspects of negotiation as it focuses only on the types of negotiation and its ethics

Imbue problem solving skills in law school curriculum to off-set adversarial ‘hired-gun’ mind-set

Alternative modes of dispute resolution such as mediation and conciliation are, in most circumstances able to improve the strain relationship between the disputants. Only when the parties are unable to resolve the dispute amicably would adjudication before the court become necessary as the last resort. To this end, members of the legal fraternity would have to place their clients’ interests above their own, and to discard their litigation based mindset, promoting mediation although it may lead to less revenue. Individual lawyers who earn a living from the fee he/she charges the client may not be receptive of mediation because there would be a lesser role for them if it was implemented. Hence, this adversarial ‘hired-gun’ mindset should be steered away from. This paper aims to propose a change in the law school curriculum which would shift away from the adversarial nature of teaching and training of lawyers and to place an emphasis on dispute settlement as opposed to litigation. Would-be lawyers ought to be taught the basic concept of alternative dispute resolution at the earliest stage of their legal education. At the same time, mediation skills should be integrated into substantive law subjects and to be reflected in the curriculum via teaching and examinations. By having such a programme, it is submitted that the would-be lawyers should be inclined towards solving client’s problem through alternative modes instead of litigating disputes

Dispute resolution: adversarial system and inquisitorial system

The civil law system (sometimes known as ‘Continental European law’) which has existed since time immemorial, is commonly exercised in many countries in Europe, Asia, Africa and South America. The most credible example of civil law recorded in history was the Code of Hammurabi which approximately dates back to 1795-1750 BC. It was further developed during the Roman Empire and evolved into a series of codes across Europe such as the Civil Code of Napoleon, the German Civil Code and the Italian Civil Code.1 The obvious feature in the civil law system is that its ‘core principles are codified into a referable system which serves as the primary source of law.’ Legal rules are codified in the form of statutes enacted by a competent legislative body which forms the primary source of law. These statutes basically deal with all possible matters which could be brought before a court, the applicable procedures for proceedings and the appropriate punishment for offences

Major legal systems of the world

In some countries such as Malaysia, the legal system is composed of the common law system and the Islamic law system. The application of the common law system in Malaysia was a direct result of the British administration of the Malay Peninsular and the Borneo states for more than 150 years which had left greater impact upon the law of the country. Further, art. 121(1A) of the Federal Constitution also provides for a dual justice system in Malaysia. Having said the above, this chapter discusses the major legal systems across the world, i.e., civil law system, common law system, and Islamic legal system in conjunction with the emergence of mixed legal system

Corporate social responsibility and its effect on community development: an overview

Traditionally, businesses primarily exist to make profit. The profit motive has often been perceived as representing a lack of concern for all other objectives of an organisation. But, today businesses are realising that in order to stay profitable in a rapidly changing environment, they would have to become socially responsible. Hence, there is a growing demand and expectation from various stakeholders who expect business to go beyond their profit agenda and be socially responsible. The belief that beyond making profit for the shareholders, business enterprises should also serve the interest of all other stakeholders has culminated into the concept of Corporate Social Responsibility (CSR). This concept has engendered considerable interest in recent years. CSR refers to strategies corporations or firms conduct their business in a way that it’s ethical, society friendly and beneficial to the community development. The objective of this paper is to examine the effect of CSR on community development. The paper adopts a library based research methodology focusing mainly on primary and secondary sources. The result of this paper shows that the traditional view of business being essentially to maximise profit has changed in recent years. The traditional view is no longer accepted in today’s business environment. Corporations have now adopted the concept of CSR, which is concerned with economic, environment, and social performance. The paper concludes that the effect of CSR on community development can be seen from different angles like protecting the environment. Some of the world’s largest companies have made a highly visible commitment to CSR, for example, with initiatives aimed at reducing their environmental footprint

Extruder for food product (otak–otak) with heater and roll cutter

Food extrusion is a form of extrusion used in food industries. It is a process by which a set of mixed ingredients are forced through an opening in a perforated plate or die with a design specific to the food, and is then cut to a specified size by blades [1]. Summary of the invention principal objects of the present invention are to provide a machine capable of continuously producing food products having an’ extruded filler material of meat or similarity and an extruded outer covering of a moldable food product, such as otak-otak, that completely envelopes the filler material