Kota Kinabalu: The legal system in Malaysia is based on the dualist theory whereby international law will not be automatically enforced in Malaysian courts unless accepted by Parliament and made a law in Malaysia.
“The courts in Malaysia have always stuck to the dualist theory, which says that international law and customary international law are not part of the corpus juris, or body of Malaysian law, unless they are added by an Act of Parliament,” said constitutional and labour lawyer Sukumaran Vanugopal.
He cited Bato Bagi & Ors v Kerajaan Negeri Sarawak & Another Appeal 2011 and the Sundra Rajoo Nadarajah v Menteri Luar Negeri Malaysia & Ors as some rulings from Malaysia’s highest court which make this very clear.
“If you look around the world, you can find a lot of international laws that Malaysia has agreed to. As a result of its power to make treaties under Item 1 of the Federal List in the Ninth Schedule to the Federal Constitution, the Federal Government has joined or ratified at least 34 international environmental agreements.
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