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Articles by R. Nordin
Total Records ( 4 ) for R. Nordin
  R. Nordin , A. Waris and M.A. Witbrodt
  This study examines the application of economic analysis of law in the context of resolving dispute in property rights. It analyses the economic and sociological arguments surrounding intellectual property rights exploitation. To be more specific, it focuses on the patenting of pharmaceutical or biotechnological inventions. This study establishes as a theoretical framework the economic analysis of law with specific reference to transaction cost theory. Prior to that it will discuss the interrelation between economics and law, i.e., on how law may have an impact on economics or how economics has influenced the state in formulating its law. This study will also take into account the theories on property rights and social process of law.
  R. Nordin , B. Rastegari and S. Mousavi
  This study attempts to address issues related to suspicious transactions that are regulated by the Malaysian Anti-Money Laundering and Terrorism Financing in 2001 (AMLA) from the perspective of consumer/client. This study discusses: the historical background of the legislation that regulates suspicious transaction, i.e., AMLA; how suspicious transactions are determined and managed and the relevant procedures under the legislation that have compromised the rights of consumers/customers. All these issues are considered in light of the existing Malaysian legal framework and under international law. In terms of its methodology, this study considers the conflict between the duty of state to ensure peace and security via anti-terrorism legislation and its duty to protect human rights vis a vis consumers’ rights.
  R. Nordin , K.H. Hassan , Z.A. Zainol , R. Shapiee , F. Jalil , M.A. Witbrodt and M.S. Hassan
  Currently, Malaysia does not have specific national legislation to regulate access to its genetic resources and ensure equitable sharing of benefits derived from their commercialisation (ABS legislation). However, the States of Sabah and Sarawak in Malaysia have enacted their ABS legislations to be implemented within their States territories. This research will examine how Sarawak provides for mechanism for resolving conflicting interests in genetic resources. For purposes of this study, this research will evaluate Sarawak ABS legislation, namely, the Sarawak Biodiversity Centre Ordinance in 1997 and Sarawak Biodiversity Regulation in 2004. The principal issues to be considered are the manner in which the Convention on Biological Diversity (CBD) is reflected in the legislative enactments; the degree to which the CBD was implemented in the legislative enactments and the degree of effective consultation and participation in the process of formulating the respective legislative acts. The particular questions to be answered are: to what extent the ABS legislation in Sarawak has conformed to ABS requirements in the CBD; how have the legislative acts been implemented by the respective authorities and what are the strengths and limitations of the legislative acts? For purposes of this evaluation, comparison will be made between the situation in Sarawak and in the Philippines, specifically with regards to Philippines Executive Order 247. It is the conclusion that Sarawak has not via its ABS legislation; conform to ABS requirements as reflected in the CBD, particularly in regards to the adequate protection of the interests of the indigenous peoples. The basic foundation of ABS legal framework in Sarawak is not compatible with Philippines and unless this is improved, Sarawak will not have an adequate legal infrastructure to support its involvement in future biotechnology-related activities.
  R. Nordin , S. Mousavi and R. Shapiee
  Research on the Minimum Age of Criminal Responsibility (MACR) of children has been quite evident in the past decade. The MACR of children is a challenge to the global perception to children's rights. The difficulties associated with ideological differences concerning concepts of the MACR by states based on social, religious and cultural structures. The concept of the MACR has evolved over history and has been interpreted in various ways with the absence of a precise definition by different worldviews. Legal framework requires putting aside different belief systems and exploring the convergence of views from different belief systems. Hence, international legal instruments such as the United Nations Convention on the Rights of the Child (UNCRC) have been framed to be adaptive to cultural and social circumstances in all states, increasing the potential ease of implementation and consider all aspects of a child’s life and development, particular in regards to the MACR. In the present study, a comparison on legal framework of the MACR of children is made between two legal systems: International and Iran law. While, the UNCRC appears to assume from a theoretical standpoint that generally accepted international norms exist among State Parties regarding the MACR of children; the present study attempts to analyse the legal framework, under international and Iranian law, regarding the MACR of children as a prominent status of children's rights. The findings reflect the processes and standards existing in the two legal frameworks, particularly at the distinctions in the two legal systems. The findings also demonstrate deficiencies and lack of compliant with international legal standards in the Iranian legal systems regarding the MACR of children.
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