Jurisprudence (Austin's command theory of law)

[We'll discuss about it later]

Sources of International Law [1st Post]

The rules that govern relations between states are termed as International Law and there is no superior authority to enforce such rule over states (multilateral treaties do not apply to all states, but only to those which have consented to be so bound, by signing and ratifying or acceding to them). International law is considered as binding upon them and it is due to this fact that the rule receives its status of law. Therefore, a state will argue that it has not agreed that such a rule is to be binding upon them or that the rule does not apply to the particular circumstances, instead of arguing that international law does not exist, in a case where a state wishes to avoid a particular rule.

Another aspect of International law’s characteristic is that it is not set down in any legislation approved by a parliament as compared to Criminal Law (in Penal Code provisions) or Constitutional Law (Articles in Federal Constitution). The Statute of the International Court of Justice, part of the Charter of the United Nations, defines the sources of international law, as in Article 38, in the following language:

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

i. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

ii. international custom, as evidence of a general practice accepted as law;

iii. the general principles of law recognized by civilized nations;

iv. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono (“according to the right and good” or “from equity and consecience”), if the parties agree thereto.

Article 59 provides ‘the decision of the Court has no binding force except between the parties and in respect of that particular case.’

To be continued...

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Summing up [It’s Practical Session (Final Post)]

I wonder if I could merge last week post with this week post (due to my full life, lately) but somehow my personal story line has caught many persons attention and they keep insisting on new post, hungry for more updates. Ironically, only few of them left comments as remainder for me to return the favour when the time permits. Previously, I have the mindset of that personal stories were definitely not an attractive topic to be discussed with since what left of an ordinary person like me – everything looks so plain and boring. Besides, it’s the norm, when we tend to explain too much, other persons will call us liar and when we tend to be descriptive, they will label us being full of ourselves. This gonna be an epic!!!

It start with the phrase I hate ‘this is my first time’- the proposed title for last week post supposedly. I went to Syariah High Court for litigation in child custody (Hadhanah) and without knowing the general rule, I sat beside my co-trainee within the syarie lawyers bench until suddenly, “I think you’re not supposed to sit here, this seat belongs to female lawyers. You should sit over there,” Aimi whispered in my ear. Arghhhh....all this while, those eyes and nonverbal forms of communication from the audience, lawyers and the judge himself carries indirect signals. Why didn’t I notice earlier?

With my red face, I went outside the court after I bow before the judge, pretending I forgot something important and I assured my co-trainee that will return after a short while and this time I will join the male syarie lawyers. The court front door can’t be opened!! I’ve tried several times until the noise that I caused interrupted the proceeding. Another embarrassment. I asked a police officer to open the door for me and it made me feel so weak when I realised that the door was in a good condition. I certainly never expected that syariah court proceeding is completely different from civil court proceeding. I observed my Mentor (Syariah Division), Puan Salwani Bt. Khalid representing the clients and along the procedure I gained relevant input on matter pertaining to Fasakh and Harta Sepencarian.

On the next day, the Director herself delivered a brief lecture on summary trial procedure and impeachment proceeding. This is an early exposure to Law of Evidence and several components in Criminal Procedure. I studied a closed court litigation file in Child Adoption and to be frank, it’s a very long procedure. I had the opportunity to photocopy several documents for civil procedure with the hope that they might be useful for my LLB. (Hons). Due to my illness, I was absent on the next Monday and had to adduced show cause letter to my Mentor and of course, to the Director. I accompanied my second Mentor Encik Mah Soon Sin to Penjara Sungai Buloh for mitigation in criminal sentence. Most of the prisoners were charged with drug possession and robbery. I helped my mentor to conduct investigation for the want of formal procedure and for me, this is the time to be a bit of a show-off.

It is undeniable facts that they were four times bigger than me and not to mentioned, you knew already they way how criminals would behave (when they knew that I had the ‘key for their cell’). Of course, if we were outside, they would treat me nothing more than a wandering fly. I met one of my professional colleague, Jannah at the Universiti Malaya. Jannah you look awesome! December 24th, the date that most of the practical students have waiting for has come but somehow I felt so different. Why I’ve to feel so bad? All this while, I’ve been crazy counting to this end. Cik Hidayah bought me lunch and I realised that, I’ve been too long here until I formed closed emotional bond with my mentors and administrative staff. To me, the presents that I bought for some of them were not equivalence to the skills, knowledge, support and kindness they gave to me...

Men vs Cry? [Social Dilemma]

To begin, is there any problem with men crying or showing affection? I personally hold that crying is a natural reaction and it helps personnel, by some means, to release some of the poisonous effects caused by stress and frustration. Myriad of studies have revealed that by discouraging little boys to express their true emotions contributes to much of the delinquency and self-centeredness and destructive kinds of competitiveness we see among men. Men who aren't afraid of a few tears and have been allowed to experience and express their feelings are more likely to become better nurturers and negotiators.

When it’s now justified for men to cry, for what reasons men should have been deemed to look natural when they cry are also an unresolved mysteries. It’s acceptable norm when men got touched by any emotional, dramatic scene from the movie they watched. Such moment is too subjective and ought not to be conveyed since what constitute a dramatic and emotional one, may differ from an individual to another. So, as long as it carries some significant values or sort of like to remain you some nostalgic events, it’s fine for you to express your emotional affection. It’s immaterial whether you got touched by Batu Belah Batu Betangkup (you know who), Ultraman (you know who) or Mohabatien Bollywood Movie (and you know who). Poor me, I recently watched 10,000 BC and I’m touched by Evolet.

In other circumstances, it is also an acceptable norm for men to cry over the lost of their beloved ‘things’. Lonely (it doesn’t mean single) men are normally forms close emotional bond with their laptop (me personally), rubic cube, new sony psp (you know who), ipod and other gadgets.

The demise of a loved one may also cause men to cry. It’s like a sharp paint deep inside your heart to lose someone you really love – pet, family member or anyone who dearest to your heart. The reasons for shedding a tear are justified and it is no longer remains a taboo if a man cries for the right reasons in public.



My Blog – Personal Confession (It’s Practical Session)

I try not to put any emotion in today’s post as much as I possibly can and it’s up to you whether to take it as my personal strategies from causing any reader get bored with my words or it serve as an alternative way to cover the dark side of myself. Firstly, it is wise to start with what I have been throughout the third week of my practical session.

I learned how to prepare a notice on demand for breach of contract and observed investigation session for divorce application (single party). Since most of the assistant directors were not around, for the next following days, I used my free time analysing procedural stages for grant of letter of administration and grant of probate. Previously, a professional colleague of mine asked me with distribution of estate according to law of intestacy and I unable to come out with accurate response.

I went through a number of client’s files, text books in the Bureau’s library and asked Puan Hasnah bt. Mohamad, the Bureau’s Commissioner for Oath for further understanding. Probate and administration of estate will be learned during LLB (Hons.) and early exposure guides me a lots. I accompanied my 4th Mentor, Encik Mohammad Bin Tarap, Legal Assistant (Civil), to Magistrate Court for client’s mitigation in criminal sentence for stolen property; Section 411 of the Penal Code. It’s the right time to apply what I learned last semester. In commemoration of the birth of Sultan Selangor, last Friday was a public holiday.

Here comes the central concern of today’s post. Notwithstanding of what I have learned throughout the third week, there is one important thing that I’ll remember until the destined end day of my life – the quality of being hard working and compassion. Though there is nothing to proud off in my result slip, at least I knew that all energy and effort that I have put to help my friends for their better understanding in Administration of Trust is well worth a try. I left Part C question untouched but still I can make it, survived. It’s A-.

People may argue they rely only on lecture notes and lecturer’s words but it is too subjective. We have different way and method of learning. Sometime, we refer textbooks and other material for guidance, new mode of examples, and better understanding, and it’s too conservative to point out that any knowledge outside the lecture session is irrelevant.

This is not a personal diary but those who read this, I want you to know that I still here, stand on my own regardless of my health condition, personal hardships and difficulties. Even though I personally received repeated attacks from someone who live with me under the same roof until sometime it made me sick of continue blogging, entertaining the other classmate’s last-minute enquiries while there are a lot of chapters that I need to prepare before the examination date, keep uploading notes every week while others published it without my authorization, I want you to know that out of my limited life-time, I still have time allocated just for you – to help. And I’m free to teach you over, over and over again until you understand. And I knew that from the very beginning before I wrote this post, one of you might use this post as reference for what will happen in the future and there will be saying, “This semester he try to focus on international law. We will see how can he possibly survive this time.”

At least, there are some friends who know how to appreciate. And I still got a friend who ready to teach and share with me anything about blog stuff. And it is due to these people that I’ve decided to continue what I just started.

Before I can call it a week... (It’s Practical Session!)

November 4, (to begin with personal things), traffic congestion due to a heavy shower of rain in the morning is not a new phenomenon. I walked slowly from Plaza Perangsang to the State Mosque for Friday’s prayer after two times I went to the former sixth floor to grab the umbrella. I tend to easily forget something that I’m not for all time used to carry it along.

I met quite a number of my colleague at the High Court (MRCB Building) during the court hearing but inevitably had to leave the proceeding after being informed by my 1st mentor (Civil), Encik Feisal that our case was unlisted. I also met Ku Amir during Friday’s prayer and Shahrul Azli with his friend, Fauzi at night. Well, at least I can now take a deep, relaxing breath once I knew that my slippers were not missing. It’s Nasrul’s doing.

I accompanied my 1st mentor (Civil), Encik Feisal to the High Court for civil hearing on divorce and studied the case and the application forms to track what are the both party disputed with and the stages of the proceeding. I had the opportunity to observe and evaluate how investigation session operate when the 3rd mentor (Civil), Encik. Mah Soon Sin, the 24 years old Assistant Diector, handled a case referred by an old man client for his legal expertise. He managed to control his emotional depression when Encik Mah advised that to challenge the indefeasibility of title is a high-profile case and is far beyond the civil jurisdiction conferred on the Bureau.

I went to Kolej University Islam Antarabangsa Selangor (KUIS) for ‘Klinik Guaman’ exhibition booth and respond to the visitor’s enquiries about the Bureau’s roles, organisation and jurisdiction. Most of the visitors were lecturers teaching for and student of Bachelor of Shariah with Law (Hons.), and some of them were administrative staff from the other booth like Malaysian Syarie Lawyer Society and Syariah Judical Department of Selangor. It’s the right time to establish relationship and social networking.

I learned how to prepare a Jointly Divorce Petition and Single Divorce Petition, analysis pleading for Fasakh and ‘Harta Sepencarian', and study closed files court litigations for mitigation in criminal sentence and divorce application in family division. Some of them came from my self-initiative, hungry for more skills and relevant input. Up till now I have enriched my legal vocab with terms like ‘Decree Nisi’, ‘Decree Absolute’, ‘Affidavit of Service’, etc.

I’m done already with my sort of like ‘story telling’ and ‘showoff’ on what was happened for the entire week, even there are some more things that I unable to recall right now. Yeah! There can be no longer ‘Before I can call it a week...’ anymore. Second week of my practical course has already passed!