In-Person Panel PS2.4

Legal Boundaries and Socio-Political Realities: Perspectives from Cambodia, Myanmar, Malaysia, and Fiji

Codifying Restrictions on Civil Society Space in Cambodia and Myanmar 

Melissa Curley 

The international community is witnessing the increased use of law by states to regulate social movements and civil society. In Southeast Asia, the passing in Cambodia in 2015 of the Law on Associations and Non- governmental Organizations to regulate the activities of a wide range of civil society organizations, and the passing in Myanmar in 2022 of the Organization Registration Law to regulate both domestic and international NGOs, are further cases in the context of global trends. According to the World Justice Project, Rule of Law index 2023, Cambodia ranked 2nd last globally at 140th out of 142 states for adherence to rule of law principles. Meanwhile, Myanmar ranked 135th out of 142. This paper provides a comparative account of the implementation of legislation to restrict civil society space in these two states from 2015-2023 and connects it to declines in rule of law. We conclude that legislative measures to limit the activities of civil society in Cambodia and Myanmar form a crucial strategy on the part of state elites to undermine rule of law and pose serious implications for the future scope of civil society action and agency.

Politicians on Trial: Re-constructing Judicial Legitimacy in Malaysia (2018-2023) 

Amalina Yasmin Mohd Sokri 

In the wake of Malaysia's transformative political transition in 2018, this study examines the critical task of rebuilding judicial legitimacy within the context of Malaysia's evolving political landscape.  Focusing on the field of Judicial Politics, this thesis delves into the multifaceted roles played by actors such as judges, legal practitioners, and the media in regaining public trust and reinforcing the judiciary's independence from political influences.  Their role are pivotal in reaffirming the judiciary's role as a bastion of impartiality and guardian of the rule of law. As Asia charts its course towards an uncertain future, the Malaysian experience provides a compelling case study on how judiciaries can adapt and thrive amidst transformative political shifts. Our findings have broader implications for the region, offering a roadmap for countries facing similar transitions, and emphasizing the pivotal role of the judiciary in shaping the political trajectories of emerging Asian democracies.

Between Protection and Punishment: Synthesising the Literature on the Law of Indian Indentured Labour in Fiji 

Natasha Naidu 

Indian indentured labour was a highly regulated British colonial system implemented in Fiji in the early-1900s. The meticulous regulation of the system emerged in an effort to distinguish indentured labour from the system from slavery that preceded it by emphasising the welfare of the labourer. Yet, colonial ordinances implemented a highly penal, harsh and oppressive system in Fiji. Herein lies a tension: the legislation and regulations that purported to protect the Indian indentured labourers simultaneously penalised and oppressed them. How did this tension between protection and punishment in the system of Indian indentured labour in Fiji emerge? This is the question the paper seeks to address. The paper does so through a systematic review of the literature on the law of indentured labour. By synthesising the literature on the law of indentured labour for the first time, the paper will make an original contribution to the study of indenture. Further, the paper will open new avenues of enquiry about the evolution of labour law and the tides of migration in the Asia-Pacific region. These are two dynamic and pressing issue to interrogate in the Asian Century.

Recent Development on Third-Party Funding in International Commercial Arbitration in Singapore and Hong Kong: Lessons for Malaysia 

Abdul Mu'iz Abdul Razak 

Third-party funding is no longer considered as controversial as its utilisation in international commercial arbitration, with many jurisdictions welcoming its application, including Singapore and Hong Kong as the latest entrants. Malaysia, on the other hand, still needs to catch up on this aspect, owing to the colonial law on maintenance and champerty. This comparative study will delve into the mechanism of third-party funding in Singapore, Hong Kong and Malaysia, the three main arbitral hubs in the Asia-Pacific region. The study will analyse the recent developments in the legal frameworks on third-party funding in international commercial arbitration in Singapore and Hong Kong. The analysis of these jurisdictions will provide legal and practical lessons to be adopted for the Malaysian arbitration scene. The comparative study will specifically dive into the legislative and regulatory changes undertaken by these jurisdictions while highlighting the multitude of approaches in addressing the mechanism of third-party funding. It will also assess the implications of this mechanism on the integrity of the arbitral proceedings and its effects on parties to the dispute, the arbitrators and arbitral institutions. The study will ultimately provide a holistic understanding of this evolving practice of third-party funding within international commercial arbitration.