Introduction The origin, development, nature and evolution of the international law are usually confounded – whereas its origin and development fall in the domain of historiography, its nature and evolution belong to the discipline of jurisprudence, which is a specialized branch of legal studies. Instant write-up will briefly adumbrate different theories dealing with the nature of international law followed by …
Read More »The Mustafa Impex Case: Defining the Federal Government in the light of the 18th Amendment to the Constitution of Pakistan, 1973
Recollecting his earlier article titled ‘The End of History’ that culminated into his famous book ‘The End of History and the Last Man’, Professor Francis Fukuyama of the Stanford University noted that he had argued ‘end point of mankind’s ideological evolution’ in the article, and that ‘the final form of human government’ had constituted the ‘end of history’, which generated …
Read More »EXPLICATING THE LAW OF ELECTRONIC CRIMES IN PAKISTAN
Introduction On 19th August 2016, the law related to the electronic crimes was passed by the Parliament; it’s a federal law and is styled as the Prevention of Electronic Crimes Act, 2016. This write-up shall adumbrate its main features and shall attempt to appraise its substance; this may be done appositely by organizing the content of the law into substantive …
Read More »Marshall Islands vs. Pakistan and eight other countries in the light of INTERNATIONAL LAW
Background Marshall Islands is a small state covering an area of 70 square miles and having population of less than sixty thousand people. It is located in the Pacific Ocean and was occupied by the United States in the Second World War. After the establishment of the United Nations, the Security Council, through its Resolution 21 of 1947, placed it …
Read More »LAW, THE SOFTWARE OF DEVELOPMENT FOR PAKISTAN
The global influence of the West has redefined the very concept of development: the result is that economic development is assumed to trigger development in all other sectors of society. The veracity of this assumption is often tested when economic development does not produce the desired outcomes. In this context, the academia has tried to examine the relationship of law …
Read More »THE SOUTH CHINA SEA in light of THE INTERNATIONAL LAW OF SEA
Introduction The latest award in the South China Sea arbitration by the Hague-based Permanent Court of Arbitration (PCA) has stirred new debates in the realm of international peace and security. The award has academic as well as pragmatic significance. On the academic side, it is likely to spark off a debate about primacy and hierarchical relationship of the sources of …
Read More »THE KHYBER PAKHTUNKHWA POLICE ORDINANCE, 2016, A THEMATIC ANALYSIS
On 1st August 2016, the Governor of the Khyber Pakhtunkhwa (hereinafter KP) promulgated a new law, styled as the Khyber Pakhtunkhwa Police Ordinance, 2016, for the KP Police. As the new law is enacted through a temporary legislative device i.e. Ordinance, its ultimate place on the statute books is contingent upon its passage from the provincial assembly of the KP. …
Read More »Reforming the Reform in the Judicature of Pakistan
Introduction Part VII of the Constitution of Pakistan, 1973, deals with the judicature of Pakistan. More often than not, the words ‘judicature’ and ‘judiciary’ are interchangeably used in Pakistan; these are, however, different. Black’s Law Dictionary, one of the most revered resources of the Common Law, differentiates the two as: a. “Judicature: the action of judging or of administering justice …
Read More »India’s NSG Membership & International Nuclear Law
With the US shoehorning India’s aspiration for membership of the Nuclear Suppliers Group (NSG), Pakistan’s stance has to, besides being diplomatically crafted, situate itself into the corpus of rules that has the feature of being styled as the international nuclear law. These rules may be found in the criteria, if any, for the membership of the Nuclear Suppliers Group read …
Read More »THE GOVERNANCE OF THE CRIMINAL JUSTICE SYSTEM IN PAKISTAN
The Constitution of Pakistan 1973 is federal in nature. It divides the areas of legislative competence between the federation and the provinces; all the executive action is then linked with the legislative competence. Following this scheme of work, the law and order falls within the domain of the provinces. The justice system that primarily deals with the law and order …
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