Laws

The Nationality and Borders Act 2022 was enacted despite significant opposition from refugee charity and legal sectors. It is without question that the Act changes the domestic landscape of the refugee status determination system and has the potential to also negatively influence refugee status determinations in other jurisdictions. There are several sections of the Act that are particularly problematic for women’s claims of asylum. The Act reverses well-established international and regional human rights and refugee law principles and standards. The reversal, in some cases, of decades of jurisprudence on the interpretation of the Refugee Convention poses a concern for the integrity of the law and administrative justice. While the Act imposes barriers for all claimants, it disproportionately affects some of the most complex cases, including refugee women fleeing gender-based persecution. Of the various changes brought about by the Act, this article focuses on three that are particularly relevant to women asylum seekers: first, the regressive way in which membership of a particular social group has been framed; second, the heightened standard of proof now required; and third, the associated evidential burdens in relation to trauma and disclosure. Ultimately, these changes are likely to have a disproportionate and discriminatory impact on women seeking asylum, particularly those fleeing gender-based persecution.

The COVID pandemic highlighted the importance of vaccine development and availability worldwide. Operation Warp-Speed in the United States accelerated vaccine production by several major pharmaceutical manufacturers, averting some of the normal administrative processes. The result has been a financial windfall for those companies. Some recent data has shown that the COVID vaccine can cause negative side effects in some patients. There are provisions in U.S. law that allow victims of vaccine injuries to recover compensation through the court system. However, even then tort remedies are limited by federal law. Since the review process was rushed during the pandemic, should tort immunity still be available to those pharmaceutical companies? This paper will discuss the legal and ethical issues involved in vaccine tort immunity.

This study explores the comparative employment laws related to migrant worker protection in Indonesia and Malaysia, with a focus on the socioeconomic inequalities faced by migrant workers in both countries. The study identifies key challenges in law enforcement, including migrant workers’ vulnerability to exploitation, poor recruitment procedures, and limited access to adequate legal education and information. A qualitative–interpretive methodology is used to explore in-depth issues related to employment laws and the socio-economic conditions of migrant workers. The study shows that Indonesia’s decentralized system results in fragmented and inconsistent law enforcement across regions, exacerbated by weak institutional capacity, legal gaps, and bureaucratic inefficiencies. Meanwhile, Malaysia’s centralized but pro-employer governance prioritizes economic growth over labor rights, leaving migrant workers—especially in the domestic and informal sectors—exposed to exploitation, wage discrimination, debt bondage, and limited access to social protection. To address these inequalities, bilateral cooperation between Indonesia and Malaysia is needed, including stronger law enforcement and equal protection for local and migrant workers. The study’s key finding is that these institutional weaknesses not only perpetuate migrant workers’ vulnerability, but also deepen structural socioeconomic inequalities between workers, agents, and employers. The study underscores the need for stronger law enforcement, formalization of the informal sector, harmonization with international labor conventions, and stronger bilateral cooperation. This study contributes to labor law studies and policy debates by offering insights into the institutional reforms necessary for more equitable and sustainable migrant worker governance in Southeast Asia.