Developing Environmental Justice Legal Framework to Counter the Biasness Against Malaysia’s Oil Palm Trade
Abstract
Malaysia’s oil palm industry is a key contributor to the national economy, providing employment, export revenue, and rural development. However, it has been subject to intense international scrutiny, particularly from Western countries and NGOs, often citing environmental concerns. While sustainable practices are essential, Malaysia faces what appears to be selective enforcement and biased interpretation of international environmental and trade laws, especially when compared to similar commodities produced in developed nations. This can be seen in the failure of WTO law to provide adequate procedural safeguards against favourable treatments to other oil crops that also cause deforestation in tropical regions and beyond. This situation raises questions about fairness and justice in international legal frameworks.
This research aims to examine how international law—particularly environmental and trade instruments—interacts with Malaysia’s oil palm trade, and whether these legal mechanisms are applied equitably. The study seeks to identify the existence and impact of bias, evaluate how environmental justice is framed globally, and propose conceptual policy framework for future reform to better protect Malaysia’s interests while upholding sustainability goals.
The research will employ doctrinal legal analysis of treaties, conventions, and international rulings (such as WTO decisions), supported by comparative analysis of how similar agricultural exports (e.g., soy, canola) are treated in other countries. It will also include stakeholder interviews with legal experts, government officials, and industry representatives, along with content analysis of international media and NGO discourse for signs of bias or misrepresentation.
Expected outputs include:
• A comprehensive research report highlighting legal gaps and discriminatory practices.
• A policy brief offering recommendations for Malaysian policymakers and diplomats.
• A peer-reviewed academic article to contribute to scholarly discourse.
• Increased awareness among stakeholders of Malaysia’s legal rights and positioning options under international law.
The significance of this research lies in its potential to influence national and international policy. By identifying legal inconsistencies and advocating for a fairer application of environmental standards, Malaysia can strengthen its global standing and defend its economic interests without compromising environmental stewardship. This study offers a valuable legal framework to support Malaysia’s narrative and diplomacy in international negotiations related to trade and sustainability.