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I. Introduction

1. Over the last several decades, the advance of globalisation has brought a proliferation of cross-border business and trade, which in turn has driven a steady increase in the incidence of international commercial disputes. This development has been accompanied by a disturbing trend: the growing number of disputants who attempt to reopen or relitigate issues that have already been decided in another forum. In this paper, such cases will be referred to as cases of transnational relitigation.

2. Transnational relitigation raises difficult and nuanced issues for the courts, because it engages values that pull in different directions. On the one hand, the interests of litigants, the systemic integrity of the legal framework for international commercial disputes, and international comity - argue in favour of restricting or even prohibiting transnational relitigation. Yet, on the other hand, domestic courts have a core duty to safeguard and advance the rule of law and to deliver justice within their jurisdictions, and to uphold the public policy of their national states. These considerations require that courts retain a measure of discretion in determining the effect to be accorded to the outcomes of dispute resolution in other forums. These competing tensions call for a flexible approach that can accommodate the diverse considerations. At the same time, such an approach must be grounded in principle and cohere with existing legal concepts and doctrines.

ABSTRACT

Access to clean and safe water is not just a necessity but a fundamental human right. Yet, despite Malaysia's natural abundance of water, equitable access remains elusive due to systemic inefficiencies and governance gaps. The challenge lies not in scarcity but in the fragmented regulatory framework, which breeds inconsistencies in quality control and distribution. This article explores Malaysia's legal and institutional landscape for water management, dissecting the jurisdictional divides that perpetuate inefficiencies and examining the reforms necessary to secure universal access to this fundamental resource.

The consequences of this fragmented governance extend beyond policy inefficiencies—they manifest in real and pressing crises. Through case studies such as the Sungai Kim Kim chemical pollution incident and the recurring floods in several states across Malaysia, including Kelantan, this article underscores the far-reaching impact of regulatory disarray on public health, environmental sustainability, and fundamental human rights. Without a cohesive and integrated approach to water management, vulnerable communities remain at heightened risk of contamination and scarcity.

Globally, there is an unfettered right of access to court proceedings by the public, which is consilient with the principle of open justice as it is regarded as an essential tenet of any justice system to guarantee public confidence, independence, and accountability in the administration of justice. In Malaysia, Section 15 of the Courts of Judicature Act 1964 states that all civil and criminal matters shall be deemed to be open and accessible to the public. Journalists are often keen to report on cases that are newsworthy and those that garners public interest wherein they act as an intermediary between the public and the courts.

To generations who have passed their lives in the law his is truly clarum et venerabile nomen. Lord Denning was a colossus who strode the judicial landscape in the second half of the last century shedding lambent light on ticklish legal corners and illuminating the legal and judicial landscape with his effulgence. He was unique. His tenure as a judge expanded the universe of judicial discourse. This year 2024 marks his 125th birth anniversary (January 23) and today, March 5 is his 25th death anniversary. It is appropriate that we remember him, draw inspiration from his life and work and salute his memory.