Acceptance of Malaysia on International law

The question is, whether Warsaw Convention can be made applicable locally?

Malaysia acceptance of international law is mostly dependent upon one or more of the following:-

1. Federal Constitution
2. Civil Law Act 1956
3. Membership in International organization
4. Treaties
5. Act of Parliament
6. Judicial Decision

Under Federal Constitution:-

1.The power to make laws involving certain aspects of international law clearly stated in Article:-

a)      Article 74(1)

b)      Article 76(2)

c)       Article 169

Article  169 , Federal Constitution

It deals specifically with international agreements, treaties and conventions made before Merdeka Day and provides that for the purpose of Article 76(1):-

Any treaty, agreement or convention entered into before Merdeka Day between Her Majesty or Her predecessors or the government of the UK on behalf of the Federation or any part thereof and another country shall be deemed to be a treaty, agreement or convention between Federation an that other country.

A.169 (b):-

b)      Any decision taken by an international organization and accepted before Merdeka day by the Government of the United Kingdom on behalf of the Federation or any part thereof shall be deemed to be decision of international Organization of which the Federation is the member

Civil Law Act 1956

The application of English law throughout Malaysia is based on the provision of section 5(1) of Civil Law Act 1956:-

(1)In all questions or issues which arise or which have to be decided in States of West Malaysia other than Malacca and Penang with respect to the

q  Law of partnerships

q  Corporations

q  Banks and banking

q  Principals and agents carriers by air

q  Land and sea

q  Marine insurance

q  Life and fire insurance

q  Mercantile law

The law to be administered in England in like cases at the date of the coming into force of this Act, if such question or issue had arisen or had to be decided in England, unless in any case other than provision is or shall be made by written law.

—  Malaysia, as the result of a devolution treaty of Great Britain became a party to the Warsaw Convention retroactively on July 4^th 1936

—  During the period of British, a number of enactments incorporating the Warsaw Convention. It has been amended in several occasion

Act of Parliament

In order to take into account these amendment specifically those which Malaysia has ratified , The Malaysia Parliament enacted Carriage By Air Act 1974 which in Toto incorporated all the terms of the Warsaw Convention and subsequently current and new of amendment following by the Montreal Convention 1999

air asia landing , X crash?

legal-research-approach

Why airlines?

The topic is interesting right? actually,there are a lot of discusion made on this topic in different field e.g.  economic.

Legal discussion is still few specially when involved liability, rights of passengers,baggage and goods, open air policy,e-commerce contract, shariah compliance on halal food, security and terrorism issues.

All of the stated points above are points to solve legally.That is the reason the research is made! i.e. to solve the problem.

Why airlines?

The topic is interesting right? actually,there are a lot of discussion made on this topic but  in different field e.g.  economic.

Legal discussion is still few in Malaysia, specially when involved liability, rights of passengers,baggage and goods, open air policy,e-commerce contract, shariah compliance on halal food, security and terrorism issues.

All of the stated points above are points to be solved legally.That is the reason the research is made! i.e. to solve the problems.

BEGINNING RESEARCH

what is research?

1. solve problems
2. expanding knowledge
3. carried out systematically

methods

1. quantitative- surveys,questionnaires
2. qualitative

processes

1. research topic
2. method selection
3. ethnics/permission obtained
4. reading/literature review
5. data collection
6. data analysis
7. writing results

Research report

1. title page
2. contents
3. introduction
4. reading/literature review completed
5. outline research method
6. presentation findings
7. discussion findings
8. conclusion
9. bibliography
10. appendacies

planning research

1. aims
2. research question
3. context research
4. ethical consent
5. theoretical basis
6. methods to be used
7. facilities/ equipment
8. timescale-general
9. expected outcome
10. bibliography

identify!

1. area of reseacrh
2. reseacrh journal
3. select specific topic
4. questions selected
5. methods
6. draw up outline
7. carrying initial reading

record!

1. author’s surname/initial
2. date of publication
3. title
4. place of publication
5. name of publisher

questionaires

1. draw knowledge (remembering)
2. test comprehension
3. require application
4. invite synthesis
5. promote evaluation (judging)

consider questionnaires (q)

1. planning q
2. writing q
3. ordering q
4. layout q
5. covering letter
6. piloting q
7. practical consideration q design
8. postal q

Retrospective Writing

How i’m going to start my journal? First by writing all the materials that i’ve found for previous month. Yaaa…maybe  i can summarize the sources. Just make a compilationof info here…>(more organized  i think!)

It will be 1-stop-centre 4 the research.

Journal Research

Actually, research on airlines was started on early january 09. At that time,i’m still “blurred” on how  i’m gonna start doing it.I was looking for the sources and materials to make me understand all about legal aspects of airlines

Then,I’ve  made up my mind to start the research journal. I do hope that the readers/ bloggers  can contribute some comments or idea on the topic .

Yes! something on legal aspects of airlines, but i’m looking for general airlines also, so that we can produce social legal research which is much more applicable to this current world.

Of course, the research made must contribute something to the development society right?

hi from me. a starting point!

buat sehabis baik for journal research