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Climate change litigation: a possibility for Malaysia?

Recent years have seen the emergence of climate change litigation as a mechanism to pressure government and industry to respond to climate issue. Globally, this litigation trend is on the increase where legal actions are being pursued in the courts by members of civil society to achieve binding deci...

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Main Author: Mustafa, Maizatun
Format: Conference or Workshop Item
Language:English
English
Published: 2018
Subjects:
K Law (General)
KPG Malaysia
Online Access:http://irep.iium.edu.my/68687/1/Dr.%20Maizatun%20CC%20litigation%20workshop_program%20%287%20May%202018%29.pdf
http://irep.iium.edu.my/68687/8/Climate%20Change%20Litigation%20PP%20PDF.pdf
http://irep.iium.edu.my/68687/
https://law.nus.edu.sg/apcel/activities/2017/Call%20for%20papers_cc%20litigation%20workshop%20(Final).pdf
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spelling my.iium.irep.686872019-02-18T06:08:19Z http://irep.iium.edu.my/68687/ Climate change litigation: a possibility for Malaysia? Mustafa, Maizatun K Law (General) KPG Malaysia Recent years have seen the emergence of climate change litigation as a mechanism to pressure government and industry to respond to climate issue. Globally, this litigation trend is on the increase where legal actions are being pursued in the courts by members of civil society to achieve binding decisions relating to climate change reduction, mitigation or adaptation.While there has been a worldwide advancement on climate change litigation even among some developing countries, this is not currently reflected on Malaysia. Despite the fact that this nation has shown its commitment by passing a number of legislations and executing various policies relating to climate change, until now, there has not been a single case brought to court on climate issue. This situation is not surprising considering that environment-related lawsuit is still lacking with only a small number of environmental cases ever been decided in Malaysia. While litigious culture is not common among the Malaysian society, factors such as state of the judiciary, limited access to justice, limited environmental awareness, and limited recognition of environmental rights have further undermined litigation in the area of environment and climate change. The aims of this paper are to investigate Malaysia’s policy and law relating to climate change, and to identify areas of law that can become potential tools which are directly or indirectly pertinent to climate change litigation. All over the world, litigation has progressively been seen as an effective mean in promoting climate change mitigation and adaptation. This paper is meant to discover whether Malaysia would follow the global trend or whether it is adamant that legal responses to climate change should be based on its local circumstances using different strategies which are not necessarily litigious in nature. 2018 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/68687/1/Dr.%20Maizatun%20CC%20litigation%20workshop_program%20%287%20May%202018%29.pdf application/pdf en http://irep.iium.edu.my/68687/8/Climate%20Change%20Litigation%20PP%20PDF.pdf Mustafa, Maizatun (2018) Climate change litigation: a possibility for Malaysia? In: Climate Change Litigation Scholarship Workshop, 7th-8th June 2018, Law Faculty NUS, Bukit Timah, Singapore. (Unpublished) https://law.nus.edu.sg/apcel/activities/2017/Call%20for%20papers_cc%20litigation%20workshop%20(Final).pdf
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Mustafa, Maizatun
Climate change litigation: a possibility for Malaysia?
description Recent years have seen the emergence of climate change litigation as a mechanism to pressure government and industry to respond to climate issue. Globally, this litigation trend is on the increase where legal actions are being pursued in the courts by members of civil society to achieve binding decisions relating to climate change reduction, mitigation or adaptation.While there has been a worldwide advancement on climate change litigation even among some developing countries, this is not currently reflected on Malaysia. Despite the fact that this nation has shown its commitment by passing a number of legislations and executing various policies relating to climate change, until now, there has not been a single case brought to court on climate issue. This situation is not surprising considering that environment-related lawsuit is still lacking with only a small number of environmental cases ever been decided in Malaysia. While litigious culture is not common among the Malaysian society, factors such as state of the judiciary, limited access to justice, limited environmental awareness, and limited recognition of environmental rights have further undermined litigation in the area of environment and climate change. The aims of this paper are to investigate Malaysia’s policy and law relating to climate change, and to identify areas of law that can become potential tools which are directly or indirectly pertinent to climate change litigation. All over the world, litigation has progressively been seen as an effective mean in promoting climate change mitigation and adaptation. This paper is meant to discover whether Malaysia would follow the global trend or whether it is adamant that legal responses to climate change should be based on its local circumstances using different strategies which are not necessarily litigious in nature.
format Conference or Workshop Item
author Mustafa, Maizatun
author_facet Mustafa, Maizatun
author_sort Mustafa, Maizatun
title Climate change litigation: a possibility for Malaysia?
title_short Climate change litigation: a possibility for Malaysia?
title_full Climate change litigation: a possibility for Malaysia?
title_fullStr Climate change litigation: a possibility for Malaysia?
title_full_unstemmed Climate change litigation: a possibility for Malaysia?
title_sort climate change litigation: a possibility for malaysia?
publishDate 2018
url http://irep.iium.edu.my/68687/1/Dr.%20Maizatun%20CC%20litigation%20workshop_program%20%287%20May%202018%29.pdf
http://irep.iium.edu.my/68687/8/Climate%20Change%20Litigation%20PP%20PDF.pdf
http://irep.iium.edu.my/68687/
https://law.nus.edu.sg/apcel/activities/2017/Call%20for%20papers_cc%20litigation%20workshop%20(Final).pdf
_version_ 1643619062070116352
score 13.211869

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