Electioneering is on with all its fervour and so is the season of debate. Many a matter of fundamental significance, which usually doesn’t get proper heed, is up for threadbare analysis. One such theme is the implementation of Articles 62 and 63. The propensity to enter into nuanced discourse on a particular legal matter, right at the outset of an …
Read More »THE ANTI-TERRORISM (AMENDMENT) ACT, 2013:
Nationalizing the International Law on Counter Terrorism Financing The debate that the recent wave of terrorism is a byproduct of international politics is not new in Pakistan; though many tend to disagree with this point of view. If the legislation of a country is any measure, the recent Anti-Terrorism (Amendment) Act, 2013 (ATA) and Anti-Terrorism (second amendment) Bill 2013, passed …
Read More »Reko Diq Case: The Law and Economics
The case presents a rare opportunity to examine the economic implications of a legal matter. The Reko Diq case has been decided by the Supreme Court of Pakistan. The final outcome has been penned in a short order by the honourable Chief Justice of Pakistan. The order holds that the basic contract on Reko Diq that took place in 1993 …
Read More »Bane or Boon? Investigation for Fair Trial Bill, 2012 I
Precisely, the law has not successfully transformed the extant practice of informal regime of ‘interception’ or ‘surveillance’ to formal regime. In reality, a dual formally informal mechanism has been provided, which will ultimately provide a legal cover to illegal practices. Everyone has an opinion to offer on the newly-passed law styled as the Investigation for Fair Trial Act, 2012 (IFT). …
Read More »National Judicial Policy 2012: An Analytical Approach
Unfortunately, inordinate delay in civil, criminal, rent, administrative, accountability, revenue, corporate and regulatory matters in Pakistan is raised on the edifice against substantive justice. The two interconnected conceptions of justice may be traced in legal literature: the substantial justice and the procedural justice. For instance, Clause 40 of Magna Carta or the Great Charter of the Liberties of England (1215) …
Read More »TERRORISM AND FOREIGN POLICY OF PAKISTAN
The formulation of foreign policy is a very technical and highly skilled assignment given its implications for the country which needs more inward than outward appraisal. In formulating the component of foreign policy related to terrorism, the input of law enforcement agencies is not taken at all. The international law, which essentially centres on criminal justice model, must be considered …
Read More »DRONE ATTACKS National and International Law Dimensions
Raising the edifice of Pakistan’s stance on the basis of principles of international law having customary value can fortify Pakistan’s position at all levels. However, for this, a concerted and knowledge-based effort is needed; off the shelf tactical and adhoc stances will demolish Pakistan’s case. International law is regarded as the language of international relations; for a country with limited …
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