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Climate change litigation: a possibility for Malaysia?

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 (Unpublished)

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Abstract

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.

Item Type: Conference or Workshop Item (Slide Presentation)
Additional Information: 1653/68687
Uncontrolled Keywords: Climate change litigation, Malaysia
Subjects: K Law > K Law (General)
K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Dr. Maizatun Mustafa
Date Deposited: 18 Feb 2019 14:08
Last Modified: 18 Feb 2019 14:08
URI: http://irep.iium.edu.my/id/eprint/68687

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