Research List

No.	Researcher	Title	Abstract	Year
2541	Win Win Soe1	ANALYSIS OF HUMAN TRAFFICKING CASES IN MYANMAR	Human trafficking is a form of modern-day slavery and a human right violation that is a crime committed against individuals and the state. The big challenge is that Human Trafficking is increasing day by day due to changes in patterns and flows of human trafficking by using developed internet techniques. From 2017 to 2022, the most common forms of human trafficking are forced marriage and forced labour. Therefore, this paper intends to express how to punish the main traffickers and abettors effectively. It is pointed out that the enforcement actions against human trafficking cases are very few in practice under the decided cases analysis within 2021 and 2022 from the legal perspective. It is also found that the identification and the punishment against human trafficking still have defects in that the main traffickers and abettors were absconding and some traffickers are living in foreign countries under the collected data. It can be asserted that it is very necessary to some extent reciprocal assistance among the countries through bilateral negotiations to eliminate effectively cross-border human trafficking. As a result, without public participation, human trafficking cannot be controlled and awareness-raising is also needed to get valid information in trafficking cases. In addition, training and workshops are needed for the participants involved in the Criminal Justice System to quickly identify human trafficking cases. Thus, Public participation and cooperation are mainly needed in trafficking cases.	2025
2542	Theint?	LEGAL ASPECT OF MANGROVE CONSERVATION IN MYANMAR	This paper aims to conserve mangrove in coastal areas of Myanmar. And the objectives of this paper are to safeguard the preservation of mangroves for their environmental advantages, as well as to ensure a sustainable supply of various forests and other products to meet the daily needs of local residents, it is imperative to implement appropriate management strategies for mangrove ecosystems. Mangroves play a crucial role in safeguarding the food security of numerous coastal communities. The management and restoration of mangrove ecosystems present a viable and economically efficient approach to ensuring food security for these communities. The major challenges of mangrove conservation are excessive exploitation of fuelwood and charcoal production, the conversion of mangroves into other land uses such as rice fields, shrimp farming, and salt pans, the development of coastal areas and deltas for human settlement as well as the impacts of climate change and natural disasters. National legal frameworks that address wildlife conservation have been implemented in these countries. States' financial, sociocultural, economic, and environmental spheres play significant roles in the long-term sustainability of wildlife conservation. This paper focuses on the Ayeyarwady Delta as a model system, employing an integrated approach to conserve mangrove ecosystem. It is hoped that by carrying out a study of the environmentally related laws of the country, a better understanding will be achieved of the challenges faced by the country in their efforts to conserve the mangrove and will support the sustainable development of mangrove conservation in Myanmar.	2025
2543	Phyu Thandar Win?	LEGAL ANALYSIS ON NATURALIZATION OF IMMIGRANTS IN MYANMAR	Immigration is the act of entering a country other than one�s native country with the intention of living there permanently. Integration of immigrants has become a permanent issue on the political agenda of the host countries. States exercise their sovereign powers not only to determine who will be admitted and for how long but also to regulate laws and regulations for noncitizens who are admitted as immigrants and who are entitled to their citizenship. Myanmar is situated in common borders with China, Laos, Thailand, Bangladesh and India. Due to the closeness of respective borders, Myanmar has been confronting issues such as boundary and immigration issues inevitably since independence in 1948. This paper aims to analyze how to confer naturalized citizenship to an immigrant in Myanmar and under what circumstances naturalized citizenship can be removed. This paper carries out a legal analysis based on International Conventions relating to immigrants and domestic laws dealing with immigrants. The results from this study indicate that the Myanmar Citizenship Law, 1982 provides three types of citizenship: citizens, associate citizens, and naturalized citizens. Naturalized citizenship can only be acquired by application via one of five criteria. Regarding immigrants in Myanmar, especially the third generation of Bengalis who arrived before 1948 can be granted Myanmar citizenship. The granting of citizenship depends on the existing laws of the States and such existing laws may be changed when the government or the policy of the government changes. States enact their immigration laws based on their national interests. Finally, the study recommends that the civic knowledge requirement and the citizenship test should be added to the Myanmar Citizenship Law 1982.	2025
2544	Mya Hnin Thet Paing*	THE IMPACT OF LAND ISSUES ON FOREIGN DIRECT INVESTMENTS IN DEVELOPMENT OF MYANMAR AGRICULTURAL SECTOR	Foreign Direct Investments in the agricultural sector are vital in the improvement of productivity and the raising of incomes and food security as well as in ensuring a long-term growth of the agro business. Foreign Direct Investment (FDI) is central to achieving Sustainable Development Goals especially in reduction of poverty. The development in Myanmar's agricultural sector can be promoted by attracting FDI. FDI may support financial and technological needs in the Myanmar agricultural sector. However, due to the numerous land issues and weak administration in addressing the land issues, foreign investors are concerned about investing in Myanmar even though there have been numerous concessions in inviting the foreign investments. Thus, this paper discusses the role of FDI in the development of Myanmar's agriculture which is the best solution for reduction of poverty in rural areas. This paper also critically analyzes the underlying legal issues related to the conflict of land rights under the Vacant, Fallow and Virgin Lands Management Law, 2012 (VFVML Law) and the Myanmar Investment Law, 2016. It is found out that there is an unclear definition in classifying the various lands under VFVML Law and inconsistent provisions under VFVML Law and Myanmar Investment Law. Therefore, it is necessary to amend the existing land laws to reconcile the land types and classifications in order to Foster, Secure and Well-defined Land Rights.	2025
2545	Khaing La Pyae Win1 and Dr. Nu Nu Yi2	SUI GENERIS APPROACH TO INTELLECTUAL PROPERTY PROTECTION OF TRADITIONAL MEDICINE KNOWLEDGE (TMK) FOR MSMES IN MYANMAR	Traditional medicinal knowledge carries substantial economic and cultural importance. Its economic and cultural value is considerable. Exploitation of medicinal plants and associated knowledge has occurred without sufficient compensation, with instances where researchers or companies have laid claim to it as intellectual property. Consequently, safeguarding traditional knowledge systems appears imperative. Since the existing system of intellectual property protection safeguards such knowledge, nations globally, especially those in the developing phase, should address these perceived inadequacies in existing laws by formulating or implementing additional legislation. Internationally, numerous treaties address traditional medicine, including the Convention on Biological Diversity (CBD) (1992) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994). Therefore, various components of a national sui generis system, including a law aimed at protecting traditional medicinal knowledge, could be incorporated into national legislation.	2025
2546	Chit Chit Kyaw Myint1	A COMPARATIVE STUDY ON LABOUR DISPUTE SETTLEMENT MECHANISMS IN MYANMAR AND THAILAND	Labour disputes, including concerns such as unhealthy workplaces, unprotected facilities, and equipment, pose pervasive challenges shared by nations worldwide. Recognizing the gravity of these issues, Myanmar and Thailand have dedicated substantial efforts to establish effective mechanisms for dispute resolution and ensure decent working conditions. This study delves into the occupational safety regulations of both countries, focusing on Myanmar's Labour Dispute Settlement Law (LDSL) enacted in 2012 and Thailand's Labour Protection Act (LPA) amended in 2019. The study begins with an exploration of Myanmar's LDSL, dissecting its multi-level framework designed to address disputes between employers and workers. Particular emphasis is placed on the challenges within Myanmar, highlighting the necessity to clarify and streamline resolutions for both individual and collective disputes. Shifting to Thailand, the research navigates through the amendments made to the LPA in 2019. This pivotal Thailand legislation serves as a robust instrument aimed at resolving labor disputes, fortifying worker protection, and ensuring overall well-being. The LPA imposes significant penalties on non-compliant employers, underscoring a commitment to fostering equitable work environments. Both countries grapple with challenges in achieving optimal fairness and equity, reflecting the complexities of evolving labor landscapes and distinct socio-economic contexts. By examining the occupational safety regulations and dispute resolution mechanisms in Myanmar and Thailand, this study contributes valuable insights to the ongoing efforts in both countries to create conducive working conditions and establish a framework for just and harmonized labor practices.	2025
2547	Khin Myo Win1	LEGAL PROTECTION OF PERSONS WITH DISABILITIES IN SEXUAL ABUSE	Sexual abuse is the inducement or coercion of a person to engage in any sexual activity. It is a crime to knowingly cause another person to engage in an unwanted sexual act by force or threat. It can happen to any person such as children, men or women of any age. Among them, women and children, especially persons with disabilities are most likely to be sexually abused. Persons with disabilities often are excluded from the mainstream of the society and denied their human rights. Disability is a cross-cutting issue recognized in the sustainable development golds and no one left behind principle. This paper aims to prevent and protect the persons with disabilities who are abuse, neglect, exploitation and violence and experiencing harm. Because of the Convention on the Rights of the Child (CRC), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Convention on the Rights of Person with Disabilities (CRPD) are also ratified in Myanmar, the sexual abuse of the persons with disabilities are prevented by Criminal Law and Special Laws. However, it is necessary to provide the wide definition and how to protect in all forms of sexual abuse for persons with disabilities. To be able to prevent sexual abuse effectively, sexual offences law should be enacted or the provisions relating to sexual abuse should be inserted.	2025
2548	Ei Ei Thae1, Nyein Nyein Cho2	THE ROLE OF SUSTAINABLE DEVELOPMENT GOALS IN ANTI TRAFFICKING OF WOMAN AND GIRLS IN MYANMAR	Trafficking in persons (TiP) is a severe crime that infringes on the rights of trafficked victims and is a crucial issue for development. The Sustainable Development Goals (SDGs) address the root causes and underlying elements of trafficking, with a focus on Goals 5, 8, and 16. The implementation of the SDGs is crucial for combating trafficking. The study primarily examines the trafficking of women and girls as a type of abuse against them. This study intends to analyze methods to decrease trafficking in women and girls by utilizing the Sustainable Development Goals. The study is carried out using qualitative research approach. The major findings demonstrate how the SDGs are interconnected in reducing the trafficking of women and children, emphasizing the areas where Myanmar incorporates the SDGs in its strategic goals. It highlights the difficulties of coordinating national initiatives with the Sustainable Development Goals (SDGs). The study highlights the important role of the Sustainable Development Goals (SDGs) in combating the trafficking of women and girls as a form of violence against women. It also aims to conduct further research to help make real advancements in ending the trafficking of women and girls in Myanmar while promoting wider sustainable development goals. This study is important because it contributes to the discussion on sustainable development frameworks aimed at eradicating the trafficking of women and girls in Myanmar.	2025
2549	Hsu Kay Thi Zaw*	IMPORTANCE OF TRANSPARENCY IN PUBLIC-PRIVATE PARTNERSHIPS IN THE PURSUIT OF SDG GOAL 16	Public-private partnerships (PPPs) have been defined by the World Bank as �a long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance.� PPP aims to deliver good quality projects through a transparent and competitive process. However, transparency obligations in a PPP contract are typically subject to a number of limited exceptions in order to protect commercial or sensitive information of the parties and they can also be prone to and be a source of corruption. This paper focuses on addressing transparency as a key tool to implement SDG Goal 16 (Peace, Justice and Strong Institution) through Target 16.5 (to substantially reduce corruption and bribery) in the implementation of the 2030 Agenda for the Sustainable Development Goals (SDGs). This paper uses a qualitative research approach with the use of case studies to highlight the role of transparency in combating corruption and to highlight the factors threatening the transparency of PPP projects. It has been found that confidentiality of commercial information, if over protected, would threaten the integrity of PPPs and foster a lack of trust, unfair competition and unaccountability. It is also important that the PPP process maintains a zero tolerance for corruption since it can damage the quantity and quality of public services at any stage of the duration of a PPP project. For there to be a successful PPP regime, the process must be free of corrupt practices under good governance which demands elements of transparency, equal treatment, and open competition.	2025
2550	Thiri Kalyar Pa Pa Win1, Htwe Htwe Thet2	LEGAL STUDY ON HOMICIDAL OFFENCES UNDER CRIMINAL LAW IN MYANMAR	Homicide refers to the act of killing a human being. Homicide can be lawful or unlawful. Culpable homicide is punishable by law is divided into two categories; such as culpable homicide amounting to murder and culpable homicide not amounting to murder. Culpable homicide is a kind of unlawful homicide. It is provocation caused by grave and sudden circumstances, exceeding the right of private defence. Murder means to commit the crime of intentionally killing a person. All the cases of murder are culpable homicide but culpable homicide in not murder. Murder is the highest offence in the Criminal Law. Intention and knowledge are important points of the culpable homicide amounting to murder. There is a thin line between murder and culpable homicide. In practice, the circumstance of two offenses of are closely connective. In deciding of a culpable homicide or murder, it must be decided and considered based on the facts whether there is premeditation or not, kind of injury. It is important to clarify that engaging in actions with the aim to cause death or harm that is likely to result in death constitutes culpable homicide or murder. The paper is focused on examining the degree of criminal liability for homicidal offenses. Moreover, the offences affecting life do not include group homicide, there is no specific offence for group killing in Myanmar. It is necessary to regulate an offence to solve the group homicide in Myanmar. It is the duty of National to protect life of the people because of the promoting the peaceful and inclusive societies for the sustainable development, providing access to justice for all and building the effective, accountable and inclusive institutions at all levels. A summary of the interplay between the Sustainable Development Goals and homicidal offence is provided below.	2025

Research Publications

Myanmar Academy of Art & Science List of Research