Maizatun Mustafa

Protection of marine biodiversity from pollution: legal strategies in Malaysia

This paper discusses sources of marine pollution in Malaysia and examines existing provisions under the law relevant to the control of such pollution. Being a maritime nation as well as one of the top biodiversity-rich countries in the world, it is important for Malaysia to give its full commitment in conserving her mega-diverse ecosystems, including that of the richly endowed seas. At present, the well being of Malaysia’s marine biodiversity is facing increasing threat from various sources, notably that of land-based and vessel-based pollution. Malaysia takes pollution issue seriously, and joins other key maritime nations in enhancing her legal regime in dealing with marine pollution. This paper seeks to highlight Malaysia’s continuous effort towards marine pollution control through the application of both domestic and international law. Significantly, such effort can be used as a reference by other maritime nations for the purpose of collective marine environmental protection and biodiversity conservation.

A Review on Environmental Forensics and Environmental Law in the Malaysian Perspective

Environmental law which is pertinent for the purpose of environmental protection and pollution control requires the assistance of forensic investigation and analytical sciences to investigate what is in the environment, where it has come from, and using that data to detect, prevent or prosecute environmental crime. In Malaysia and elsewhere, law enforcers are relying heavily on the scientific discipline of environmental forensics in order to prove, to the satisfaction of a court of law, who is responsible for instances of pollution. Specifically for Malaysia, environmental liabilities are generally the remit of the Department of Environment through enforcement of the Environmental Quality Act 1974. This Act is the main law enacted to help attain the objective of environmental policy which is to balance economic and environmental needs for the purpose of sustainable development. This Act is also the key piece legislation that has formed the basis of many prosecutions, and it contained various provisions that concerned directly or indirectly with environmental forensics. The objectives of this paper are to examine the Act, and to identify its relevance towards the application of environmental forensics within the legal process for the purpose of achieving the overall objectives of environmental protection and sustainable development. This research is very important because at the moment, there is a very limited number of other known researches in Malaysia that examine environmental forensics from the legal perspective. Thus this research should help policy makers, law enforcers, judiciary, scientists and other relevant stakeholders understand and expand their knowledge of environmental forensics in the context of law.

Water availability and policies in Asia

Water availability is becoming an increasingly crucial issue for Asia. With the rise in the region’s water usage, the demand for water is also increasing substantially. Many countries in Asia are beginning to experience moderate to severe water shortages, brought on by the simultaneous effects of various factors including agricultural growth, population expansion and environmental pollution. Global phenomena such as climate change also contribute towards water availability issues.

Progression of Policies and Laws Towards Addressing Climate Change and Sustainability Issues: Recent Initiatives from Malaysia

The United Nations Framework Convention on Climate Change (UNFCCC), of which Malaysia is a party, was adopted as a basis for a global response to the effects of climate change. Malaysia also ratified the Kyoto Protocol, but being a developing country is not subjected to any commitments towards reducing greenhouse gases (GHG) emissions at present. Nevertheless, from a domestic compliance perspective, Malaysia’s commitment is evident through various national responses demonstrating its seriousness in addressing climate change issues. As a developing country however, Malaysia is cautious that any response to climate change must be balanced with its continuing need to grow, to increase its per-capita income, and to raise its living standards, in accordance with the principle of sustainable development. This chapter focuses on changes that have taken place within Malaysia’s policies and laws in dealing with the compelling climate change issue, while taking into consideration its various needs. To this end, new policies have been launched, and laws passed, dedicated to climate change, and in tandem with the country’s pursuance of sustainable development. This work seeks to examine how these policies and laws help Malaysia reinforce the nation’s resilience to climate change implications while pursuing its priority for continued development.