In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case

Article

Sundra-Karean, Vanitha. 2011. "In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case." Theoretical Inquiries in Law. 12 (2), pp. 465-487.
Article Title

In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case

ERA Journal ID33978
Article CategoryArticle
Authors
AuthorSundra-Karean, Vanitha
Journal TitleTheoretical Inquiries in Law
Journal Citation12 (2), pp. 465-487
Number of Pages23
Year2011
Place of PublicationIsrael
ISSN1565-1509
1565-3404
Web Address (URL)http://www.heinonline.org/HOL/Page?handle=hein.journals/thinla12&id=481&collection=journals&index=journals/thinla
Abstract

This discussion offers a theoretical framework towards the discovery and amalgamation of conceptions within hard labor law and soft law initiatives which may spring from deliberately designed public-private initiatives as well as spontaneous market-driven responses. A case in defense of soft law is made for Malaysia on the basis of political
realism. Agents of soft law initiatives are evaluated with a focus on public and private codes. I argue that for Malaysia, the stage is being set for divergent regulatory approaches to labor with differing consequences and outcomes. Some of these outcomes, as will be illustrated, may not be consciously designed but are likely to occur
spontaneously. The focus of the discussion will be on the changing nature of labor norms in individual employment law, the advent of human rights reasoning and the interdependence of the organic forces in a particular jurisdiction that drive the labor agenda. The discussion
concludes with an argument in praise of soft law as a viable agent for driving change in hard labor law, whilst maintaining its soft law character thus contributing to the varieties of hybrid labor regulation.

Keywordsindustrial relations; Malaysia; labour law; workforce; human rights
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020350504. Industrial and employee relations
480499. Law in context not elsewhere classified
480104. Labour law
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Byline AffiliationsMonash University
Institution of OriginUniversity of Southern Queensland
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