Research Publications

Academic theses and dissertations are regularly published and widely disseminated in YUOE Journal, Monographs, Universities Research Journal (URJ), Myanmar Academy of Arts and Science (MAAS) Journal, AsTEN Research Journal and International online Journals for sharing knowledge and contributing to the development of our education.

Myanmar Academy of Art & Science List of Research

No. Researcher Title Abstract Year
521 Moe Phyu Htun LEGAL PROTECTION ON PRISON OFFICIALS AND PRISONERS IN MYANMAR This research is attempted to explore lack of protection for prison officials and prisoner's rights in prison. Practically, Prison officials are facing challenges such as the problem of the overcrowding in prison, Lack of prison security system, training for staff, protection from delinquent prisoners, health care and stress as a result of their occupation, difficult working and unsafe environment. Indeed, every prisoner is also losing minimum standard of living and the protection of their fundamental right. It is analyzed the legal protection on prison officials and prisoners provided in the International Human Rights conventions, Regional Convention, European Prison Rules and United Nations' Minimum Rules and Basic Principles as fundamental principles which are grounded in a deep respect for the human rights. Although overcrowding, health care and the sanitation infrastructure are provided in existing law relating to prison system, prison officials and prisoners in Myanmar, in practice great deal of issues are occurred in these matters which can lead to conditions that constitute inhuman and degrading treatment for prisoners and unacceptable working conditions for prison officials. As a result, current legal framework provided for protection on prison officials and prisoners should be amended as country's legislation, administration and judiciary are directly reflected on prison system of Myanmar. 2019
522 Yin Yin Lae PUBLIC SERVICE BROADCASTINGS AS RELIABLE SOURCES FOR HUMAN RIGHTS IN MYANMAR Public Service Broadcasting organizations play a crucial role in ensuring the public’s right to receive a wide diversity of information and ideas in a State. These are nonprofit organizations that distribute programming to the nation’s public television and radio stations. In Myanmar, radio services first came on air in 1936 and regular programming by Bama Athan channel began in 1946. Television service was first introduced in 1979 and MRTV was first launched in 1980. Nowadays, there are public TV channels, private channels and organizational channels. Then, there are a lot of radio channels owned by public as well as private. Their programmes have been designed to support for promotion of health conditions, non-formal education, cultural and heritages, civic education and agricultural production and preservation. Besides, these channels have to produce timely about the rightful information for upcoming natural disasters, current news for education, weather news, health care and spread disease, political issues and so on. The people in distant rural areas rely on the public TV channels and radio channels. Whereas Myanmar is now building to real democracy and freedom of media going to gradually improve in the process of national development. In this regard, the Television and Broadcasting Law is enacted in 2015. The law provided to transform the state-owned media as public service broadcasting and the freedom of expression and freedom to give/take right information. But, actually, it cannot be implemented yet. Unless the Broadcasting organizations produce the important news freely, these could not be the reliable sources for public rights. Especially, the public could not get the procedural rights and substantive rights from broadcasting. The paper aims to highlight the importance of the role of broadcasting organizations in country’s development process. The paper leads the policy recommendations for broadcasting channels on the rights of social, economic, culture and politics. 2019
523 Thu Zar Myint LEGAL PROTECTION AGAINST DOMESTIC VIOLENCE IN MYANMAR This research paper attempted to explore the prevalence of domestic violence in Myanmar. Domestic violence means all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim. Most of the victims are facing challenges such as forms of threat, verbal abuse, assault, rape and murder. It is observed how victims are assaulted in practice by their spouse or partner, while children are cruelly treated by their partners. In Myanmar, the relating to the victims of domestic violence protect under the related laws. As a result, this research evaluates that it is not comprehensive legal provisions in Myanmar to protect the victims who are suffering the mental violence. Accordingly, there is no adequate protection in Criminal Law concerning with domestic violence, Myanmar should enact the specific law to take measure to eliminate domestic violence and to ensure victims equal protection of law by putting clear definition of domestic violence into the law. 2019
524 Me Me Linn PRACTICAL ISSUES OF CONDOMINIUM MARKET IN MYANMAR Condominium market is popularly advanced by the growth of population and development of the urban areas in Myanmar. Although the Condominium Law was enacted in 2016, the condominium market has been started since about 20 years ago by the related laws; the Contract Act, 1872, the Transfer of Property Act, 1882, the Urban Rent Control Act, 1960 and the Transfer of Immovable Property (Restriction) Law, 1987. The condominium market is increasingly launched high number of sales by residential demand. However, most of the developers still have the insufficiency of management such as the condominium executive committee, maintenance plan and the building insurance policy. Then, the buyers or unit owners face the issues on difference between leasehold land and freehold land of condominium, lack of preparedness plan of natural disasters, rights to immoveable property and common property, and longterm mortgage rights. These problems have arisen due to the incomplete and inappropriate elements of the Myanmar Condominium Law. This paper aims to study the principles of Condominium Law, analyze the problems of the Myanmar Condominium Law. The paper highlights the performance of the condominium executive committee, enforcement to keep the building insured and appliance of the dispute resolution for condominium-living. 2019
525 Tin Myo Myo Swe CULTURAL HERITAGE PROTECTION IN MYANMAR Myanmar as a rich land of cultural heritage needs to be protected the loss and damage of artifacts which are the evidence of Myanmar cultural history. Some of cultural heritage and monuments are repaired and thus not in line with international standard. Ministry of Culture is taking the responsibility to implement in accordance with cultural heritage instruments. The main purpose of this paper is not only to take appropriate legal protection in accordance with Article 5 (d) and (e) of 1972 Convention Concerning the Protection of World Cultural and Natural Heritage but also to disseminate awareness about conservation standards, especially in Pyu Ancient Cities and Bagan. In Myanmar, preservation of national cultural heritage is one of top priorities in the programme for nation-building. Myanmar is participating in the regional cooperation in various fields including cultural heritage and have ratified the World Heritage Convention in April, 1994.Thus, the government has been enacted the Law Amending the Protection and Preservation of Cultural Heritage Regions Law in 2009.In early 2013, a National Cultural Central Committee was appointed in Myanmar under the auspices of the UNESCO. Pyu Ancient Cities (Sri Ksetra, Halin and Beikthano) could be categorized as criteria ii, iii and iv, (2),(3) and (4) global standard values, they were inscribed on the World Heritage List, in the 38th session of World Heritage Committee held on 22 June 2014. Nearly one thousand ancient monuments of Bagan archaeological area have repaired by the donation of public, institution, individual and Buddhists of foreign countries. Myanmar citizen should be participated in public awareness campaign and education for preservation of culture and natural heritage. This paper hopes to take some preventive measures to protect Myanmar cultural heritage, especially in Pyay and Bagan. 2019
526 Po Po Maung LEGAL FRAMEWORK ON SUSTAINABLE USE OF RIVERS IN MYANMAR Rivers as natural resources of immense importance symbolize life on Earth and constitute the core component of the environment. The world faces formidable challenges to meet the increasing demand for water, failing water quality, environmental pollution and associated impacts, and international conflicts over transboundary watercourses. There are various factors individually and collectively responsible for river pollution such as domestic and industrial wastes, pesticides, agricultural runoff and contaminated groundwater which are some of the major sources of river pollution, while upstream withdrawal and diversion of flow, insufficient rainfall during winter and irrigation also have impacts. The quality and quantity of rivers is deteriorating due to over consumption and mismanagement. Pollution growth and increasing standards of quality of life have an impact in this regard. These situations greatly influence the sustainable management perspective of inland rivers. The proper utilization of rivers is an emerging issue that demands national and international concerns as they are important in safeguarding the quality of life and in promoting sustainable development. 2019
527 NLam Roi Ja THE PROTECTION RIGHT OF FOREIGN INVESTOR IN MYANMAR Most developed and developing countries are adopting the market oriented economic system and those countries with a surplus in the balance of trade are prospering. The protection and promotion of investment is important for investors, and the host country can increase economic development from the investments of citizens and foreigners. Every country has unique rules regarding investment, with some regulations more restrictive than others. Each national economy has a specific framework that foreigners must abide by in order to regulate domestic investment laws. The Myanmar Investment Law allows the investor the use of land rights depending on the category of business and the volume of investment. In order to promote investment, the protection of intellectual property rights should be considered as a necessary component. A foreign investor's property cannot be taken over by nationalization act or decree of State without payment of adequate compensation. This situation is an emerging issue in that under Myanmar Local Law foreign investors are not entitled to the same protection of person and property as Myanmar nationals. 2019
528 Khin Hninn Wint Kyaw SPECIFIC PERFORMANCE OF INTERNATIONAL SALE CONTRACT: ENGLISH LAW, MYANMAR LAW AND CISG Specific performance means the execution of a contract according to the precise terms agreed upon. Specific performance is an order of a court which requires a party to perform a specific act according to the agreed contract terms instead of paying damages. Under English Law, in the case of a sales contract, if the goods are unique and impossible to obtain elsewhere and the term of specific performance is granted as an exceptional remedy and is granted by the discretion of the court in very limited circumstances. Under the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the CISG), specific performance is the primary remedy rather than damages, which intends to keep the contract continued. It appears that the remedies which are available for the buyer for breach of contract are different from form to form. However, under the English sale law there remedies are very limited such as termination and damages. Under Myanmar Sale of Goods Act 1930, in order to claim a specific performance subject to the provisions of Chapter II of the Specific Relief Act. These remedies to be more elaborated in the Vienna Convention 1980 on Contract for the International Sale of Goods (CISG) compared with English Sale of Goods Act 1979 and Myanmar Sale of Goods Act 1930. This will be followed by identifying which system of law contains the more appropriate rules to be applied to international sales of commodities and international sales of manufactured goods. 2019
529 Khin Thinn Thinn Oo PROTECTION OF PRODUCT DESIGNS: TRADE DRESS APPROACH Product designs can play a very important role in consumer choices as it affects this first encounter. Product design can be considered to be a subclass of Industrial design. It can be easily imitated because its nature is ornamental or aesthetic aspects of the article and display the public. So, it is needed to protect for the benefit of creators and consumer. The laws provide overlapping protection for non-functional or ornamental product designs but the nature and extent of such protections have led to some confusion among practitioners and scholars. Product designs can be protected by way of industrial design rights and/or trade dress rights. When trade dress is distinctive of the products of a particular manufacturer or merchant, it may be protected as a three dimensional mark or trade dress. The main purpose of trade dress protection of product design is to protect the consumer from accidentally purchasing products that are designed to imitate other products. The scope of the research is protection of industrial design under trademark law and unfair competition law. This paper clarifies the nature and extent of protection product design under trademark law and the appropriateness of this protection for lack of specific industrial design law. 2019
530 Myint Swe GENERAL EXCEPTIONS RELATING TO THE ACT DONE BY A PERSON BOUND BY LAW Anyone at any country must obey the relevant country's criminal law. If his every act or omission contrary to the provisions of criminal law, he shall be liable to punish under this law. The English criminal law that a crime is not committed if the mind of the person doing the act in question is innocent. General exceptions relating to the act done by a person bound by law may be categorized into two forms: they are exceptions of executive acts and judicial acts. Exceptions of executive and judicial acts are described in Sections 76 to 79 of the Myanmar, Indian, Malaysia and Singapore Penal Codes. Mention should also be made of judicial acts are provided in Sections 77 and 78 which are specific exceptions to the general rule that mistake of law is not a defence. Some kinds of public servants such as the police and military personnel have an important role to play in maintaining law and order or pursuing justice in a civil society. Generally speaking, the special protection afforded to public servants against criminal liability was the result of the law and order. The facts of exceptions are relevant with not only Criminal Law but also Special or Local Law. Relating with exempted acts provided in Myanmar Penal Code are different from those provisions stipulated in Criminal Laws of other countries. 2019