This article analyses open-price mechanism under the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980. It proposes for a wider interpretation of Article 55 of the CISG. Currently, the CISG compromises to the preference of its Member States by allowing contracting parties a choice; either to fix price, or to leave price open in a contract of sale. Such option under the CISG is seen under two distinguished provisions, whereby contracting parties may choose to be bound either by a fixed-price term in Article 14(1), or by an open-price term under Article 55. While open-price mechanism could protect the validity of long-term business dealings, the CISG courts tend to validate open-price term dealings under Article 55 subject to the fulfilment of Article 14(1). Hence a more flexible interpretation of Article 55 of the CISG could be given since the current interpretation does not actually allow a workable open-price mechanism in times of rapid price changes. In the spirit of upholding friendly international business, this article suggests that not only both provisions should be interpreted separately, but also the scope of Article 55 could be extended to cover more cases of open-price contracts affected by market price changes.Keywords: CISG, Open price, Article 14, Article 55, sale of goods

COVID-19 pandemic affects variations of countries’ national strategies, policies, and plans of actions while at the same time these arrangements afflicting their residents by implementing a variety of health and legal measures to flatten the COVID-19 curve. This stretches from prohibiting overseas travel, forbidding interstate travel, encouraging work from home closings of some public areas, compulsory wearing of marks and hand sanitisers, quarantine, social distancing, and a mixture of various actions. Malaysia in implementing its laws and regulations on COVID-19 is empowered mainly by the Prevention and Control of Infectious Diseases Act 1988 (Act 342) together with its newly imposed COVID-19 regulations and the old Police Act 1967 (Act 344). The movement control order coupled with the social distancing measures has appeared to be the effective actions in flattening the COVID-19 curve. The study attempts to map COVID-19 as a national security matter for the benefit of public health and national security concurrently within the scope and limits of Malaysia’s public health measures and prevention of diseases, in the protection of security and public order. This paper then proposed for COVID-19 and other future health crises or pandemics as national security issues. This in turn legitimising the health, security, or emergency measures, either developing on the existing laws or moving towards a more practical form of law in line with future unforeseeable threat and intervention. The Australian and Italian laws relating to COVID-19 are analysed to provide better insight and suggest solutions enabling countries facing a future emergency or crisis issues.

Malaysia merupakan negara pesisir bagi Selat Melaka dan Singapura selain Indonesia dan Singapura. Sebelum zaman penjajahan Barat, sempadan maritim yang tetap tidak wujud merentasi Selat Melaka dan Singapura. Perjanjian Inggeris-Belanda 1824 telah membahagikan Selat Melaka dan Singapura kepada dua pengaruh, yang kemudiannya menjadiwilayah-wilayah bagi negara-negara Indonesia, Malaysia dan Singapura. Di sebelah timur pula, menerusi Perjanjian 1878 dan Perjanjian 1903, Sabah yang asalnya milik Kesultanan Sulu telah menjadi jajahan British dan akhirnya merdeka dalam Malaysia pada tahun 1963. Sebagai sebuah negara berdaulat, Malaysia telah menandatangani beberapa perjanjian dengan negara-negara jirannya dalam menetapkan sempadan wilayah dan maritimnya. Namun, terdapat beberapa segmen kawasan maritim milik Malaysia yang sempadan maritimnya belum ditetapkan dengan jelas. Kekurangan ini boleh menimbulkan kesulitan dalam menetapkan bidang kuasa dalam kawasan maritim milik Malaysia. Dengan penularan wabak COVID-19, bertambah pentinglah batas maritim ini ditetapkan bagi mengekang kemasukan secara haram pendatang asing ke Malaysia selain menjalankan penguatkuasaan yang lebih tegas. Artikel ini membuat kesimpulan bahawa Malaysia harus terus bekerja lebih rapat dengan tetangga-tetangganya agar masalah perbatasan maritim dapat diselesaikan dengan tuntas.

Despite the existing exam requirements in a bachelor of law degree, it is claimed that local law graduates are ill-prepared for legal practice, lack of fluency in English, particularly in writing and speaking skills. This paper explores efforts made by the law schools in Malaysia within their existing curriculum to prepare students for future legal practice careers and to cater to the needs of the legal industry. The requirement of a recognized law degree has been fulfilled by most law schools, and students studying in law schools without recognition by the Legal Profession Qualifying Board (LPQB) would have to sit for Certificate of Legal Practice (CLP) to qualify as a practitioner. Nevertheless, the Bar Council has been proposing for additional curriculum of Common Bar Course and Common Bar Exam. It is claimed that these additional stage of common bar course and exam would be beneficial for candidates alongside their somewhat “inefficient” bachelor of law degree. Sitting for this bar exam would allow candidates to qualify as “qualified person” under the law. Nevertheless, this paper holds on to the view that training in chambers or the pupillage period, would be the best place platform for law graduates to equip themselves with hands-on experience in legal practice, and that the “higher-standard” of paper-based exams proposed by the Bar would be futile in keeping up with the expectations of the legal industry for “practice-ready” candidates.

Through its founding treaty, the Rome Statute, the establishment of the International Criminal Court (ICC) has received support and opposition from many countries. Despite working toward universal ratification or accession to the Rome Statute, Signatories and State Parties to the Rome Statute have decided not to ratify and withdraw from being Member States due to, among other reasons, the issue of immunity and criminal responsibility of the Head of State, which are not in line with their respective Constitution, particularly by Malaysia. As such, this study analyzes the position of immunity of the Head of State as well as the criminal responsibility of a military commander under international law, particularly under the Rome Statute and the Malaysian Constitution. Based on doctrinal analysis, this study argues that the Yang di-Pertuan Agong, as the Malaysian Head of State and the Commander-in-Chief of the Malaysian Armed Forces, has immunity before the national court and, thus, will be highly exposed to ICC jurisdiction because the complementary principle under the Rome Statute cannot be implemented. This study concludes that being a part of the ICC Membership is untimely for Malaysia without the reconciliation of these contradictions.

The operating ijarah and ijarahfinancing are currently generating interest among the Islamic banks, investors, customers and even policy makers due to their less risk overloads and better profits to the public. This paper attempts to highlight the benefits of applying the Islamiclegal objectives (Maqasid Al-Shari’ah) in ijarahcontract, and how a strict compliance to the latter can help manage Shari’ah, business and distribution of wealth in the society. The paper discusses the impact of Muslim scholars in applying ijtihadand analogical deduction to fashion out the appropriate ruling in respect of the issues, by putting into consideration what would be the best interest of Islam and Muslim community as a whole. It also discusses the consent of the contracting parties as one of the conditions validating the ijarahcontract, and as a supplement to the objective of avoiding injustice and embezzlement of another person’s wealth. The paper explains how the profit made and the risks incurred, if any, are shared between the parties involved in ijarahtransaction which are proportionally shared according to what has been earlier agreed upon. Keywords: ‘Ijarah, Maqasid al-Shari’ah, Islamic banking, ijtihad,distribution of wealth

This paper explores the connection between the consumption of certain animals and the emergence of pandemic diseases, particularly in the context of Islamic law, specifically the Shafie School. Humans have long been uncertain about which animals are suitable for daily consumption. Numerous studies have demonstrated a link between animal sources and the onset of various diseases. In recent years, several animal-origin diseases have become pandemics, such as SARS, MERS, COVID-19, and Ebola. These diseases are predominantly zoonotic, originating from animals. This research aims to investigate the relationship between pandemic diseases and animal consumption through the lens of Islamic law. The study adopts a qualitative methodology, relying on secondary data about the emergence of diseases related to animal consumption and literature on Halal principles. The findings indicate that many animals associated with disease spread are considered haram (prohibited) for consumption in Islam, including pigs, bats, and pangolins. Islamic dietary laws, or Halal principles, govern food choices based on the belief that everything consumed should be permissible according to the Quran and Hadith, as well as clean, permissible, and safe. Consequently, Islam has established specific conditions for animal consumption. The research also confirms the link between pandemic diseases and the consumption of prohibited animals, as defined by Halal principles. Halal principles offer a comprehensive framework that aligns Islamic dietary laws with contemporary human needs. The study recommends further research into the impact of Halal dietary principles on human food consumption and disease prevention.

This paper analyses the Belgium Supreme Court decision of Scafom International BV v. Lorraine Tubes S.A.S. The case involved a contract of sale of volatile goods ie steel tubes whereby a fixed-price contract caused it to be unenforceable because of the 70% market price increase just before the goods were delivered to the buyer. While the seller requested for renegotiation, for a higher contract price, the buyer refused to come to terms with the former. The court, by virtue of the United Nations sales law, held that renegotiation was the appropriate remedy in such a situation. In addition, the paper tests the different possible outcomes of this decision under the English Sale of Goods Act 1979, as well as the US Uniform Commercial Code. The finding of this test proves that these two sales laws would have tackled the issue of volatile market differently from that of the United Nations'.

The world is facing an increase in the global demand for Covid-19 vaccines. Developed countries have been top manufacturers, but vaccine production has not been sufficient. The supply becomes critical when developed nations over-purchase the vaccines at the expense of equitable supply to other countries. Due to the production shortage of the vaccines, the Least Developed Countries (LDCs) and middle-income countries suffer in the queue against other developed countries, and predictions showed that the LDCs would not produce herd immunity in the country the next couple of years. To resolve the limited vaccine supply to the LDCs, it is pivotal that producing countries comply with Article XI of the General Agreement on Tariffs and Trade 1994. This rule stipulates that there should be no imposition of restrictions other than duties or taxes on any contracting party in a trade. This rule also shows that significant vaccine suppliers such as the US, China, Germany, and Russia ought to prioritise the needs of the LDCs in terms of the necessity for their front liners and vulnerable groups. Compliance with Article XI of GATT 1994 is necessary to reduce preventable deaths in LDCs by ensuring sufficient vaccines reaching the LDCs. While Article XI has been in force since 1995, the developed nations have not been observing the binding effect of Article XI in the multilateral regime of the WTO. Instead, LDCs and middle-income countries resorted to the Covax Facility and separate vaccine agreements with the developed nations to obtain vaccines. This paper concluded that while Article XI legally binds the Member States under the WTO and promotes free and fair trade, it does not make vaccine trade obligatory between nations. Alternative methods through Covax and separate agreements are necessary to address the gap of Article XI

Emergency laws are extraordinary measures which any country can take as a consequence of a threat to its security and stability. These measures may include the whole or part of the country, as they transfer power from civilian to military or increase the powers of the civil authorities. Emergencies have played a significant role in the work of international and human rights organizations, in order to ensure human rights and achieve justice. As these international conventions and covenants contained several regulations to guarantee protection for human rights, but in some countries, they were useless in cases of emergency law. This had negative consequences due to the lack of harmony between its security and stability, on the one hand, and protecting human right on the other. The aim of the researcher in this study was to achieve a set of objectives, including: to shed light on the impact of emergency laws on human rights and to monitor their negative effects. In addition, to highlighting the role and effectiveness of international and human rights organizations in the protection of human rights in cases of emergency legislation. To achieve the objectives of this study, the researcher relied on a descriptive and analytical approaches by describing and analyzing the different laws related to the subject of the study and monitoring transgressions. In conclusion, the study has produced a number of results, including: the existence of disparities in the implementation of emergency legislation between countries that are often politically motivated. The other negative effects on human rights, such as limiting freedom, movement, violating the constitution, and the absence of the role of human rights organizations in providing human rights protection. The researcher therefore suggested the activation of international surveillance in emergencies and the implementation of strict penalties for violations.

This study addresses the issue of freedom of the press as one of the aspects of freedom of opinion and expression. Then, it focused on the reality of electronic journalism in Syria, based on its significance and spreading, and keeping pace with technology. The researcher took Syrian law as a model for the study, and among the reasons that prompted him to do so was the scope and significance of the problem that was manifested in the legislator's failure to deal with e-journalism, and to create modern laws that take Islamic law into account in their provisions, in line with the practises of that press. In addition, some articles of media laws and legislations remain ambiguous without clarification, which caused confusion and disparity between the freedom of electronic press and practices. The importance of this study stems from the attempt to address the scarcity of previous studies that dealt with the issue of electronic press freedom in Syria, and their neglect of a number of important aspects that must be highlighted, such as the factors which limit the freedom of press. The purpose of this study is to present the reality of electronic journalism in Syria, and to show both negatively and positively the effect of laws on its expression, as well as to highlight cases of its validity in Islam, while at the same time demonstrating the compatibility of Syrian law provisions with it. In order to support the objective of the study, the researcher adopted descriptive method of analysis. The study summarised a number of conclusions, including the limitation of the freedom of the electronic press in Syria, as a result of the vagueness of the laws that govern them, as well as the lack of a special law for them, and the failure to comply with Islamic legislation in enforcing some of its provisions.

The main objective of this study is to explore the reasons why people leave their religion and convert to another religion or adopt another religious status. By using qualitative research analysis, the study explores the reasons why some people in Malaysian Peninsular have converted to Islam while others have embraced it. The study took into consideration whether the psychological, social and religious experiences of the converts affect their decision to convert. The data was collected through accurate interviews, both face-to-face and online, with converts to and from Islam. With purposive samples and a snowball, online interviews were conducted with apostates and face-to-face interviews with converts to Islam. The results of the data analysis showed that the phenomenon of religious conversion is a sensitive and complex issue in Malaysian Peninsular. The research found that the reasons for changing their previous religions or leaving the religion entirely vary greatly depending on the social, psychological and religious experiences of the converts. Thus, the reasons cited by most apostates about Islam seem more religious, but in fact more psychological and social. The reasons cited by those who converted to Islam are more social and psychological. For apostates, violence and contradiction in Quranic verses and Islamic education are the main reasons for abandoning Islam. Love, marriage, and material gain were among the reasons why some people converted to Islam. Therefore, the study concluded that the decision to leave the former religion is usually influenced by multiple, varied and interrelated reasons. Most of them were the result of social motives, which created psychological crises, and, in turn led to a change of religion.