ASEAN community: the legal challenges in achieving media diplomacy in the development of regional integration and empowerment

In the era of integration, media plays a crucial role not only limited to conveying information and progress but also important to potray the image of an integration such as ASEAN COMMUNITY. While ASEAN is known for its diversity, media landscapes in ASEAN countries are also diverse and uneven. This had actually explained why it is extremely difficult to offer a general image of the regional media. In addition to that, this has been the main attribute hampering discussions and closer collaboration throughout these years in media-related activities, especially in setting common norms and standards of media practice. Although it was claimed under the charter, and the region's political-and-security and social-and-cultural blueprints, the need to promote the free flow of and access to information as well as the role of media in promotion of ASEAN identity and awareness in community-building and integration efforts, ASEAN leaders have yet to make serious efforts to push forward this platform. ASEAN community had always been ‘a work in progress’ and this is mainly due to the fact that ASEAN itself carries 10 different set of rules and laws thus making the road to achieve the integration of an ASEAN Community remains a big challenge. Therefore, this paper aims to provide an overview of the diversity of media landscape which includes the Freedom of Expression and the Right to Information in ASEAN member countries and the barriers in achieving media diplomacy for the sake of the development of regional integration

Refugee issues in the 21st century: challenges to humanity and world diplomacy

The current flow of human beings escaping their countries’ turmoil is not a temporary surge or a passing crisis. Mass migration, accompanied by sudden surges of people, will be a permanent challenge to 21st century states and world order. Recent surges of refugee and asylum claimants are testing the capacity of states and eroding traditions of welcome in receiving countries for refugee and migrants alike. At the same time, the intersection of forced migration, human rights, and conflict presents a unique challenge for world foreign policy in this 21st century. These three factors are already beginning to combine in ways that undermine traditional understandings of national security and offer ample reason to revisit traditional divisions of labour between diplomacy, defence, economic social development policy around the world. Accordingly, this paper has three objectives. Firstly, this paper provides a brief overview of refugee issues in the 21st century with major issue of forced migration, human rights, and conflict and its implications. Secondly, this paper highlights emergent issues and challenge faced by the countries around the world regarding refugees and humanity. Thirdly, this paper discusses the challenge of world diplomacy when it comes to the issue of refugee and humanity. Finally, the paper will highlights the ways in which world foreign policy must adapt to meet the challenges they facing today regarding this issue

Undelimited Maritime Areas: Obligations of States Under Article 74(3) and 83(3) of UNCLOS

The delimitation of maritime areas between neighbors is of vital importance as it provides stable and long-lasting relations. Maritime boundary delimitation has been enriching the international law with a new chapter that has developed steadily in proportion with the related challenges and expectations. However, many maritime boundaries in the world are not delimited. This implies that disputes relating to maritime delimitation have many issues in future. In this case, State shall have to negotiate among them or to use dispute resolution mechanism. Under Article 74 and Article 83 of the United Nations Convention on the Law of the Sea (UNCLOS) provides for the delimitation of the territorial sea, the continental shelf and the economic exclusive zone. However, maritime delimitation disputes reveal that these provisions hardly occupy the central place they are expected to. This paper examines the issue of undelimited maritime areas where involved the Article 74(3) and Article 83(3) of UNCLOS and of vital importance in that it provides for stable and long-lasting relations among States

Perbezaan rejim polisi pelaburan langsung asing (FDI) dalam kalangan negara anggota ASEAN: cabaran perundangan dalam merealisasikan komuniti ekonomi ASEAN berdasarkan ASEAN comprehensive investment agreement (ACIA)

Seperti mana yang telah dipersetujui dalam “AEC Blueprint”, ASEAN adalah komited dalam mencapai objektif pergerakan bebas pelaburan dan modal antara negara-negara anggotanya bermula tahun 2015. ASEAN lebih menumpukan kepada kemasukan FDI. Namun demikian ASEAN tetap melihat kepada kemungkinan integrasi kewangan serantau yang akan diikuti dengan liberalisasi industri kewangan dan pergerakan bebas modal antara negara anggota. Berdasarkan enam dimensi liberalisasi kewangan, ASEAN dilihat hanya komited kepada dua dimensi yang merupakan kunci kepada integrasi kewangan global; Kemasukan bebas ke dalam industri perkhidmatan kewangan dan juga liberalisasi aliran modal antarabangsa. Manakala baki empat dimensi iaitu yang berkenaan dengan penghapusan kawalan kredit, penghapusan kawalan kadar faedah, autonomi bank dan hak milik swasta bank semuanya adalah diambil kira sebagai kepentingan nasional. Namun demikian, walaupun ASEAN dilihat memberikan tumpuan kepada pelaburan, masih terdapat cabaran-cabaran dalam mengimplementasikan ACIA dan mencapai maksud integrasi rantau. Mengguna bahan metode analisis kandungan, bahagian pertama kertas ini akan membincangkan berkenaan dengan sejarah kerjasama pelaburan ASEAN dan menghuraikan berkenaan ACIA. Bahagian kedua pula akan memberikan gambaran polisi dan perundangan pelaburan di setiap negara anggota ASEAN. Manakala bahagian ketiga pula akan menyentuh mengenai isu rakyat diprejudis oleh liberalisasi dan bahagian keempat pula disediakan cadangan dan kesimpulan

Legal Status of Cryptocurrency Circulation in Iraq: Lessons from the United Arab Emirates and the United States

The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud

Legal Status of Cryptocurrency Circulation in Iraq: Lessons from the United Arab Emirates and the United States

The philosophical emergence of cryptocurrencies is a consequence of the desire to get rid of the authorities’ control of the monetary system, which encouraged people to deal with it for investment or to facilitate the fulfilment of their financial obligations. The research problem is represented through the lack of legislation that regulates dealing with cryptocurrencies in Iraq. There are many technical, legal, and security risks for the use and circulation of cryptocurrency, which must be legally addressed and suitable solutions found. Therefore, this article aims to examine and analyse the legal status of cryptocurrencies in selected jurisdictions through multiple stages, from prohibition to licensing and regulation. This article adopted a qualitative approach to analyse the legal status of cryptocurrency in the selected jurisdictions. The study finding shows that the Iraqi authorities do not have the technical or legal means to prevent the illegal use of cryptocurrencies. In addition, there is a large legislative gap with the developed countries, and lawmakers need to regulate cryptocurrencies by enacting laws to protect people from falling victim to fraud

CHINA’S SOUTH CHINA SEA CLAIMS, THE HISTORIC RIGHTS DEBATE AND THE MIDDLE APPROACH OF ISLAMIC INTERNATIONAL LAW

The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interpretation of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset the territorial sovereignty of coastal states. However, these principles must be appraised in the correct context of Islamic international law because it subscribes to a different approach to state sovereignty. Due to the importance of historic rights in this paper, the authors used both black letter and historical approaches to legal research. With historical legal research, the authors looked at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the perspective of Islamic international law. This paper enables Islamic international law to offer a middle ground in which the proponents and opponents of China’s historical rights claims could meet

Job Termination and Social Security of Migrant Workers in Malaysia During Covid-19 Pandemic

Migrant workers are the most vulnerable groups during the Covid-19 outbreak. The study aims to discuss the current legal framework governing migrant workers in Malaysia during the Covid-19 Pandemic. The discussion covers the effect of the Covid-19 Pandemic on migrant workers focusing on job termination and access to social security protection. It also makes recommendations on policy guidelines to ensure migrant worker’s safety against job termination and zero access to social security during the Covid-19 Pandemic. The study employed a doctrinal approach. It used primary and secondary data that included desktop research, with a particular emphasis on journals, documents, and official reports. Policymakers tended to neglect migrant workers during the pandemic because the migrant workers had less access to adequate security, particularly in terms of job termination and living conditions. The Covid-19 pandemic and the Movement Control Order imposed in Malaysia have affected migrant workers in various ways. It puts workers who are unable to work and who want to work in vital services in jeopardy. In conclusion, a national approach policy is impractical for migrant workers because the workers are short of access to social security and urgent assistance.DOI: https://doi.org/10.22304/pjih.v9n3.a

Position of ICMW in ASEAN and A Glimpse Into The Philippine Practise on Migration

In ASEAN, Philippines was among the first to ratify the International Convention on the Protection of the Rights of All Migrant Workers(ICMW) and have the best practice thus far. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist ASEAN in ensuring a holistic and sustainable migration management that considers the needs of a whole approach and support from all parties involved, including but not limited to the government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the position of ASEAN's migration policies and practice, Part III will discuss on the Philippines practices on ICMW and Migration management, and Part IV will provide recommendations

Sustainable development goals: legally realistic or overambitious towards the development of the nations?

Sustainable Development Goals (SDGs) are the United Nations’ latest strategy to fight the issues of health, environment, and society that are currently afflicting the world. Though the 17 SDGs are highly anticipated to be the key in achieving the global development, the goals which equipped with 169 targets are said to be fairy tales, dressed in the bureaucratese of intergovernmental narcissism, decorated with robes of multilateral paralysis, and poisoned by the acid of nation-state failure. The MDGs were criticized for being too simple and narrow focused, but conversely the SDGs have been criticized for being too complex to realistically achieve. The main problem with the SDGs seems to be related with having a set of goals that are desirable yet too ambitious to achieve in reality. Therefore, the first part of this paper will discuss on the emergence of SDGs from their predecessor-MDGs, and the aftermath of MDGs. Part 2 of the paper will then discuss on the legal challenges of the implementation of SDGs which includes the lack of clarity and imprecise definitions of each goals, difficulty to translate the goals into actionable development outcomes, as well as the problem in strengthening governance. Since the goal needs to make measurable and actionable to realise the sustainable development by 2030, the author will then provide recommendations in Part 3, which will constitute to a cohesive framework that will be relevant to make the SDGs reliable goals for the development of the nations. The research finds that the SDGs are over ambitious and impossible to achieve the targets by 2030. However, the initiative to help in achieving global development must not be wasted, therefore powerful and realistic measures are obviously a necessity to make SDGs a success