Azrae, Ahmad Nasyran (2020) Reassessing the roles of the Yang Di-Pertuan Agong and the rulers in the making of international treaties. UUM Journal of Legal Studies (UUMJLS) Vol. 10(2), July 2019, 11 (2). pp. 117-152. ISSN 2229-984X

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Abstract

Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationships with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisable by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, who is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The study was carried out using library based research method which assessed the provisions of the Federal Constitution, local case(s) and international conventions, in particular the Vienna Convention on the Law of Treaties 1969. The paper delved into the available legal documents to explain the functions of the Yang di-Pertuan Agong and the Rulers under the Federal Constitution and accordingly reassessed the legal positions of the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The findings of this paper showed that in practice, the Yang di-Pertuan Agong and the Rulers have no executive powers to conclude and sign international treaties. Nonetheless, the Federal Constitution does confer certain limited powers on the Yang di-Pertuan Agong and the Rulers that may indirectly influence the making of international treaties where their roles are normally consultative in nature.

Item Type:	Article
Uncontrolled Keywords:	Treaty-making, executive authority, federal constitution, international law.
Subjects:	K Law > KZ Law of Nations
Divisions:	School of Law
Depositing User:	Mrs. Norazmilah Yaakub
Date Deposited:	18 Oct 2020 01:23
Last Modified:	18 Oct 2020 01:23
URI:	https://repo.uum.edu.my/id/eprint/27739

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