Incorporating Human Rights: Mitigated Dualism and Interpretation in Malaysian Courts

18 Asian Yearbook of International Law 1-37 (2012)

DOI: https://doi.org/10.1163/9789004379732_002

(Winner of the DILA International Law Prize for Young Scholars.)

This article examines judicial treatment of international human rights law against this backdrop of increased international and regional engagement. It examines how Malaysian courts have used or declined the use of international human rights law in deciding domestic cases. I argue that there is a trend towards greater acceptance of human rights law in Malaysia, and that this leads to a mitigated form of dualism.