UNDERSTANDING LEGAL ASPECTS OF THE KASHMIR DISPUTE Kamran Adil “To see an opportunity, we must be open to all thoughts.” — Catherine Pulsifer Introduction Hitherto, Kashmir was discoursed mostly in political, militaristic and strategic terms; the latest, legal engineering by India has, however, carved out an opportunity for the policymakers in Pakistan to, inter alia, understand and explore legal avenues …
Read More »Implementing the Police Reforms Committee Report-2019
Implementing the Police Reforms Committee Report-2019 Kamran Adil It is an acknowledged fact that the justice sector of Pakistan is not in an ideal condition. Much is required to ameliorate this situation. In this regard, besides initiating expeditious justice projects in form of model criminal courts, model civil appellate courts and model magistrate courts, the Chief Justice of Pakistan Mr …
Read More »Constitutionality Of The Police Laws And The Sindh Revival Of Police Order Bill, 2019
CONSTITUTIONALITY OF THE POLICE LAWS AND THE SINDH REVIVAL OF POLICE ORDER BILL, 2019 Kamran Adil Constitutionality and Justice Sector The justice system of Pakistan is not showing signs of resuscitation as it is neither providing ‘justice’ nor acting as a ‘system’. Many factors have contributed to this state of affairs. The very orientation of the ‘system’ needs to be …
Read More »Rule-based Diplomacy and UN Counter terrorism System
Rule-based Diplomacy and UN Counterterrorism System Kamran Adil Introduction On 1st May 2019, Mohammad Masood Azhar Alvi (hereinafter Masood Azhar) was placed on the ISIL (Da’esh) and Al-Qaida Sanctions List by the United Nations Security Council (UNSC). In response, the Government of Pakistan, through its Ministry of Foreign Affairs (MoFA), stated: “The UNSC 1267 Sanctions Committee listing is governed by clear rules …
Read More »Aggression Versus Terrorism
Applying International Law to Pulwama Conspectus From an etymological viewpoint, all abstract concepts are equal. This, however, may not be true in the real world of India-Pakistan relations where two concepts of terrorism and aggression compete for primacy. While the concept of the latter is an ancient construct of world order that has been part and parcel of all the …
Read More »Governance in the light of the 18th Constitutional Amendment
Introduction Pakistan as a country is faced with many challenges. One of the key challenges is of ‘governance’, the term which defies definition. For discussion, a working definition by the Canada-based Institute of Governance may be used here. It states: “Governance is how society or groups within it, organize to make decisions.” Based on this definition, the governance in Pakistan …
Read More »GILGIT-BALTISTAN and INTERNATIONAL LAW
The constitution is a living document; it is more so as the judiciary keeps interpreting it. On 7th January 2019, a seven-member bench of the Supreme Court of Pakistan rendered its judgement in a case titled “Civil Aviation Authority us. Supreme Appellate Court Gilgit Baltistan etc.” (Civil Aviation Case-2019) wherein the Court touched upon a multitude of subjects including the …
Read More »THE US GOVERNMENT SHUTDOWN and the Primacy of the President in International Affairs
Introduction Law and politics are intertwined; the political ideas derive their legitimacy through the vehicle of law. Francis Fukuyama, while tracing the origins of these political ideas in his celebrated article ‘The End of History’ (that later became main thesis of his book titled ‘The End of History and the Last Man’) noted: “For better or worse, much of Hegel’s …
Read More »PROPOSED LAW REFORMS
Introduction The modern state and its society usually grow with their law. Quintessentially, the laws in Pakistan are outdated and archaic. The operating system of the governance is the legal framework, which must keep pace with the latest developments. To cater for this aspect, the government is considering introducing law reforms in many an area. The instant article will briefly …
Read More »Ease of Doing Business Report 2018 & Business Law Education in Pakistan
Business law education is part of the curriculum of the business and management schools in Pakistan; in terms of percentage; however, the business law education may be a fraction of the total caseload of a degree in these schools. In like manner, law and information technology do not get much excitement from the information technology institutions. In the coming years, …
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