c)

The laws can be classified in many different ways. Each category has its own
purpose, the consequences when someone breaking the rules, origin and form. They also
show difference in matters of process, remedies and enforcement. In Malaysia,
classification of law can be divided into three categories which are public law, private
law and international law.

Public Law

Public law is a law which set up to govern the relationship between individuals
and the state. For further more clearly understand, public law only deals with issues that
affect the general society or state (Catherine, 2019). It can be divided into two categories,
which are Constitutional Law and Criminal Law. Constitutional Law is laws that protect
the citizen’s right in the state. For example, violence matter. On the other hand, Criminal
Law is laws that relate to crime and it can codify the various offences committed by
individuals against the state. The example is killing a person. In the case Ong Ah Chuan v
Public Prosecutor, challenge has been made on the classification used by the legislative to
determine what offences should be punished with mandatory death penalty. In this case,
it involved the punishment of mandatory death penalty on the offence of drug trafficking
(heroine) of 15kg which was an offence under Section 3 of the Misuse of Drugs Act 1973.
The court held it was the duty of the legislative to determine what is the different
situation which can become the ground of any classifications for the purpose of
punishment as long as there exist the reasonable relationship with the social purpose of
the law (Kaiyisah, 2019).
International Law

According to Bentham’s classic definition, International law is a collection rules

that deals with the external relationships of the state with other state. This body of law is
mainly composed for its greater part of principle and rule of conduct which the state
feeling themselves bound to observe and finally commonly do observe, in their relation
with each other. It solves the classical questions of war, peace and diplomacy to include
human right, economic and trade issues, space law and international organization.
Malaysia is a member state of the United Nations and therefore a recognised member of
the international community. As part of the global community, Malaysia is bound by
International Law that applies equally to all States (Shaw, 2019). There are two
categories of international law, which are public international law and private
international law.

In public international law, the international legal order is essentially

decentralized and operates by agreement between states. The relationships between the
states may in all myriad forms, from war to satellities, and regulates the operations of the
many international institution. For Malaysia, it refers to a law which regulating the
external relations of Malaysia with another states. The example case is Malaysia V
Singapore. Both states fight for Pulau Batu Puteh islands. The international court decides
which state wins the islands and in the end, Singapore won it. This is because they had a
proven to prove that Singaporean fisherman always fishing near that island for many
generations.

Private international law (also known as ‘conlict of laws’), is a part of municipal

law. It consists of the rules which guide a judge when the laws of more than one country
affect a case. In fact, this private international law also normally deals with those cases,
within particular legal systems, in which foreign elements obtrude, raising questions as to
the application of foreign law or the role of foreign courts (Robyn, 2019).

There are two main sources of international law that can affect business. Firstly, it
is Customary Rules of International Law. In China V United States, China won against
U.S and was reclaiming land in South China Sea because follow the generation, the
China fishermen always fishing at that place. Next are Treaties and Conventions. They
are the agreement which signed by signatories of states bind private actors through the
domestic application of the treaty provisions. These agreements may be between two,
three or more states. After signing up both, they will become a law, and thus the countries
need to follow it. However, there won’t be any sue if any country not following it.

References

Kaiyisah, L. (2019). Retrieved 9 October 2019, from

https://www.supremecourt.gov.sg/docs/default-source/module-
document/judgement/delivered-judgment---ramesh-a-l-perumal-v-public-prosecutor-
and-another-appeal-2019-sgca-17-(version-2---150319-)-pdf.pdf

Catherine, W. (2019). Public Law vs. Private Law: Definitions and Differences Video
with Lesson Transcript | Study.com. Retrieved 9 October 2019, from
https://study.com/academy/lesson/public-law-vs-private-law-definitions-and-
differences.html

Shaw, M. (2019). International law. Retrieved 9 October 2019, from

https://www.britannica.com/topic/international-law

Robyn, M. (2019). Research Guides: International Commercial Arbitration : International

Agreements & Conventions. Retrieved 9 October 2019, from
https://law.indiana.libguides.com/internationalcommercialarbitration/conventions