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/ http://irep.iium.edu.my/68687/ 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

id	iium-68687
recordtype	eprints
spelling	iium-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
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
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/ http://irep.iium.edu.my/68687/ 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
first_indexed	2023-09-18T21:37:27Z
last_indexed	2023-09-18T21:37:27Z
_version_	1777412916199292928

Climate change litigation: a possibility for Malaysia?

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