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8 - Climate Change Litigation: A Possibility for Malaysia?

from Part III - Domestic Law and Domestic Adjudication

Published online by Cambridge University Press:  06 November 2020

By
Maizatun Mustafa
Edited by
Jolene Lin  and
Douglas A. Kysar
Jolene Lin
Affiliation:
National University of Singapore
Douglas A. Kysar
Affiliation:
Yale University, Connecticut
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Summary

While there has been global advancement in climate change litigation even amongst some developing countries, this is not currently the case in Malaysia. Even though Malaysia has shown its commitment to mitigating climate change by passing legislation and executing various policies relating to climate change, there has not been a single case brought to court on this issue. This situation is not surprising considering that environment-related lawsuits are still lacking, with only a small number of environmental cases ever been decided in Malaysia. While the litigious culture is not common among Malaysian society, factors such as the state of the judiciary, limited access to justice, limited environmental awareness, and limited recognition of environmental rights have further undermined litigation in the area of environment and climate change. This chapter aims to investigate Malaysia’s policy and law relating to climate change, and to identify areas of law which are potential tools which are directly or indirectly pertinent to climate change litigation.

Keywords

Malaysiaclimate change policiesnational regulatory frameworkadministrative approachcriminal sanctionnon-judicial approach
Type
Chapter
Information
Climate Change Litigation in the Asia Pacific , pp. 207 - 233
Publisher: Cambridge University Press
Print publication year: 2020

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