Journal of Law and Society

1) CHALLENGES AND POLICY OPTIONS TO NATIONAL INTEGRATION IN PAKISTAN A COMPARATIVE ANALYSIS
Author(s):Dr. Jehanzeb, Saima Perveen and Dr. Fayaz Ur Rehman

Abstract :

This paper highlights myriad obstacles hampering the process of national integration in Pakistan. National integration signifies national consciousness, a common national consensus and common national identity, where regional sub-cultures get intermingled into a national political system. This social, political, cultural, religious and economic milieu is a prerequisite to foster national integration. In Pakistan various factors like political and ethnic polarization, tussle amongst constitutional bodies especially civil-military and of late judicial confrontations, economic disparities and religious extremism are horrible challenges to be endured. Heterogeneous elements within national politics have promoted separatism tendencies mainly due to horizontal and vertical divisions. Furthermore, common citizenry feel alienated from political parlance leading to a nightmarish identity crisis striking at the very soul of Pakistan ideology. Henceforth, the ideological question has been in limbo. To cap it all, the Islamic ideological discourse has been exploited by both Islamists and Secular political bodies for their own vested interests. Sectarianism under the garb of ‘Sufism’ and ‘Deobandi’ sects gained strength to enormous proportions especially under the realm of military dictators who exploited them to attain legitimacy to their unconstitutional regimes. Such an undue patronage to Islamist parties provided them a golden opportunity to forge together t
2) DETERMINING LEGAL REGIME FOR THE WAR ON TERROR
Author(s):Sadia Tabassum

Abstract :

Combating terrorism has always remained an issue of concern for the international community. Many legal questions relating to this issue require careful examination. Foremost among these is: whether or not the war on terror is an armed conflict? If yes, whether this conflict is of “international character”? How far is the international human rights law applicable to war? What is the scope of the applicability of the domestic law? The present paper analyzes these issues which are of primary importance in the Pakistani context because Pakistan is actively engaged in its own war on terror. The principles identified in this paper may prove helpful for the judiciary, the legal fraternity and the civil society for the purposes of putting restrictions on the unbridled powers of the state. A war that knows no legal principles and limitations can never be won.
3) ENFORCEMENT IN PAKISTAN OF A FOREIGN JUDGMENT CONFIRMING ARBITRAL AWARD
Author(s):Ijaz Ali Chishti

Abstract :

A foreign arbitral award may be enforced against whom it has been made by filing a suit on that award in the country of its rendition and obtain a judgment confirming it and thereafter to enforce the foreign judgment against the judgment debtor in another country. This may not only happen in a situation when award holder pleads to confirm the award in the country where the award has been made but also in a situation where award- debtor seeks to annul the award in a country where it has been made and consequential dismissal of annulment proceedings may ispo facto operate as confirmation of award—such as is the practice of France. In each of the aforesaid situations there is a judgment confirming and upholding the award and the award itself as well. So, there are two entitlements -- judgement confirming the awards and awards itself.
4) INDIAN PATENT ACT: IS INVENTION FRIENDLY
Author(s):Dr. Deepak Bhattacharya

Abstract :

The sub-section (d); (e); (j) and (p) of section 3 are revisited using multi-disciplinary dialectics as is done in law courts. It is seen that the said sub-sections are a gem of a set. They are yeomanly enabling vis-à-vis enterprise and inventions. Are self limiting. All the sub-section cannot be used to decry any claim – because if one section gives the ‘pass’, to any claim, the rest fall apart as ‘not-relevant’. Each sub-section checks and balances any misuse, by the authorities and by the claimants. The deemed absolute rights of rejection of the Controller {quasi-judicial forum} has been demystified. Pedigree of such an beautiful set of statutes have been traced. These sub-sections will actively assist conversion of intellectual inventions into property with rights and duties. From across continents IPRs can now be filed. The amendment opens hydrants for IPR creation; national wealth and human welfare. An original piece of discussion, adduced never before to this date.
5) DEPARTURE OF THE PAKISTANI COURTS FROM THE WELL-ESTABLISHED RULE OF MAJORITY IN CORPORATE LAW
Author(s):Ashraf Ali, Syed Raza Shah Gilani and Prof. Dr. Suhail Shahzad

Abstract :

The common law practice of ancient time is that of majority rule as enunciated in a well-known case called Foss Vs Harbottle. This case was based upon the proposition that the decisions and choices of the majority shareholders in the company should always prevail. It means if a person holds greater amount of shares in a company so he should enjoy more privileges in comparison to that person who holds less shares. In such circumstances the minority shareholders should accept the decision of the majority shareholders and they should not ask for a court interference because of the fact that the rule set down in Foss Vs Harbottle did not allow court interference if the majority of the members do not wish for such action by the court. Since this decision seems harsh and unjust, therefore, the court in a subsequent decision holds that in certain exceptional circumstances the court can interfere in the internal affairs of the company. The exceptional circumstances may be Ultra Vires acts, where the act done by the members was that which require a special number of members for its approval, like one third members etc.
6) COUNTERING TERRORISM AT HOME: AN ANALYSIS OF PAKISTAN’S DOMESTIC POLICIES SINCE 9/11
Author(s):Manzoor Ahmad, Dr. Fayyaz Ur Rehman, Muhammad Saleem

Abstract :

In the post 9/11 scenario, Pakistan was in traumatic position, being blamed for cross-border terrorism, having links with Taliban and supporting them and had a declining economy. Musharraf regime took several measures to control the activities of militant and terrorists and pursue economic growth and development. This paper analyzes the efforts of Musharraf governments and the succeeding government of Pakistan People’s Party in curbing and curtailing internal militancy and terrorism within the country. It elaborates and discusses the counter terror constitutional measures, coercive measures as operations and bans and the deeni madaris regulatory and economic development reforms.
7) TERRORISM AND ITS EFFECT ON EDUCATION AND UNIVERSALIZATION OF PRIMARY EDUCATION IN PAKISTAN
Author(s):Dr. Jamil Ahmad Chitrali, Iqbal Ahmad, Altaf Hussain Dr. Syeda Nabahat, Faizullah Jan

Abstract :

This paper examined the effect of terrorism on universalization of primary education in Pakistan. Pakistan is committed to achieve the Universal Primary Education as Millennium Development Goals (MDGs).One of the MDG goals is to ensure that each child, irrespective of gender, should be able to have access to basic primary course (Shah, 2013). Being a developing country, Pakistan faces many issues. One of such issues is terrorism. Apart from its ill effects on overall national life, terrorism has significantly affected the progress of Pakistan in the field of education (Syed, 2007; Basit, 2012). Studies have revealed that as a signatory to the MDGs, Pakistan is lagging behind many countries in the South Asian region in achieving the goals of universalization of primary education. However, literature has shown that terrorism has deeply affected the process of education and univerisaltion of primary education in Pakistan. This has created a gap between realization of the MDG goals and the performance of Pakistan as a signatory state. To investigate this, literature was critically reviewed and hypotheses were developed which were tested using Linear Regression Analysis and ANOVA. The findings of the study revealed that terrorism is significantly negatively correlated with education and universalization of primary education in Pakistan.
8) ANALYSIS OF HIV/AIDS LAWS, POLICIES AND STRATEGIC FRAMEWROKS OF PAKISTAN
Author(s):Raazia Hassan Naqvi, Dr. Muhammad Ibrar and Dr. Salman Bangash

Abstract :

HIV AIDS in Pakistan was first diagnosed in 1986. Although the reported number of cases of HIV/AIDS in the country is low, but there are several risk factors which could result in a swift increase of the infection rate, namely: poverty, illiteracy, unemployment and carelessness on part of the health care workers, sex workers, and people who inject drugs. National AIDS Control Program (NACP) was formulated in 1986-87. Unfortunately, after spending 26 years on the prevention of HIV/AIDS, we are still missing a National HIV/AIDS Policy. The aim of this study was to present the history and analysis of AIDS policies, laws and strategic framework of Pakistan and suggestions for the introduction of role of behavioral and social sciences in combating HIV/AIDS in the country.
9) THE USE OF POWER TO COUNTER THE NONSTATE ACTORS IN THE TERRITORY OF ANOTHER STATE
Author(s):Syed Raza Shah Gilani, Ashraf Ali, Dr. Suhail Shahzad, andMian Muhammad Saleem

Abstract :

In the last decade several states have used force against nonstate actors in the territory of another state, and if the rules remain unclear states could abuse this principle to stretch the limits of the use of force, which poses a problem for the stability of the international order. This paper will therefore examine the question when the use of force in self-defence against a nonstate actor can be lawful from a jus ad bellum perspective. As a first question it must be identified what the current difficulties are concerning the application of the self-defence framework to non-state actors. The question when the use of force in selfdefence against a non-state actor can be lawful, can essentially be divided in two parts, namely an assessment of Article 51 of the UN Charter and the principles of necessity and proportionality, and a so-called ‘second layer’ of analysis of the principles of necessity and proportionality. This second layer of analysis is necessary to determine when force can be used within the territory of another state (as opposed to against another state, as in the classic state-to-state situation).
10) SOCIAL TABOOS AND SOCIALIZATION OF STUDENTS IN KHYBER PAKHTUNKHWA, PAKISTAN
Author(s):Iqbal Ahmad, Dr. Jamil Ahmad Chitrali, Altaf Hussain, Syeda Nabahat, Faizullah Jan

Abstract :

This paper investigates the relationship between social taboos and socialization of students at secondary school level in Khyber Pakhtunkhwa, Pakistan. There are different socio-cultural factors related to the presence and practice of social taboos which deeply affect the socialization of Pakistani youth. The practice of taboos is manifested in the form of jargons, terms, euphemisms and different metaphoric expressions in the society. Over the years, this practice has resulted in confusions among the researchers and scholars regarding its deeper effects on socialization of Pakistani youth. This study was purposefully designed to specifically explore the relationship between social taboos and socialization of students. Using a correlation design, the study surveyed attitudes of a randomly sampled 300 secondary school teachers in district Malakand, Khyber Pakhtunkhwa, Pakistan. The research examined the relationship between the following variables, social taboos as independent variable, socialization and its two dimensions: context specific socialization and general socialization as dependent variables. To examine correlation between the variables, Hierarchical Regression Analysis and ANOVA were used as statistical tools. Findings of the study showed that there was a significantly high negative correlation between social taboos and socialization of students and its two dimensions.
11) DIFFERENT DIMENSIONS FOR APPLICATION OF DOCTRINE OF NECESSITY
Author(s):Zahid Mahmood

Abstract :

Necessity oversteps law and eclipses all boundaries. It has different shades of meanings. In political and legal sphere it carries different undercurrents. If law springs from the fountain of necessity, then question of law crops up. Necessity is justified when pressure of circumstances compel to adopt certain course of action. Islam also allows digression from strict adherence where the extremity of circumstances demands so. The verses from the Holy Koran and sayings of the Holy Prophet (S.A.W) also establish that in case of necessity expediency should be preferred. The Islamic Fiqah admits the hardships of people. It is not in the incontrovertible compartment that does not allow admittance in its precincts. The English Law also does not disown the concept of necessity. There are innumerable case laws which may be quoted to bring to light the concept of necessity in English Law. The rule of “Salus Pouli Est Suprema Lex” takes place which allows a state to take any action for the welfare of its citizens. Constitutional Law of England owes a lot to the Doctrine of Necessity. It played vital role in its development. Bracton in his book, “De Legibuset Conuetudinibus Anglae” (of Laws and Customs of England) has stated some maxims which are oft-quoted and give foundation to present day philosophy of law and political science. “Id Quod Alias Non Est Licitum, Necessitas Licitum Facit” (That which otherwise is not lawful, necessity makes it lawful) “Salus Republicae Est
12) HEROIC QUEST: MATURITY IN SELF AND PSYCHOLOGICAL WELL-BEING IN ELECTED POLITICAL LEADERS OF KHYBER PAKHTUNKHWA
Author(s):Mussarat Anwar, Ayesha Anwarand Rukhsana Maroof

Abstract :

Heroic journey is about finding the treasure of true self (Pearson, 1991). Understanding archetypes are important to explore the personality of leaders in general and the process of leadership in particular. Twenty seven (n=27) political leaders were analyzed and compared with one hundred and fifty nine (n=159) randomly selected group of non-leaders to investigate maturity in self for well-being. Two main measures were Pearson-Marr Archetypal Indicator (to easure the degree of self-realization) and Subjective-psychological Well-being Scale (to measure the current life situations and emotional wellness). Result indicated that 59.3% leaders had shown high level of personal growth with clear signs of emotional wellness and life satisfaction. Warrior, Ruler, and Caregiver energies were found well integrated that resulted in the development of greater sense of social responsiveness in leaders. Nonetheless, t-statistics didn’t support gender interactions, suggesting that gender does not necessarily determine the affectivity of the leadership instead certain personal characteristics are essential to become an effective leader.
13) ADVANTAGES OF MOST FAVOURABLE NATION STATUS GRANTED TO INDIA BY PAKISTAN
Author(s):Amir Hussain, Farooq Shah, Dr. Zia Obaid and Mehnaz Gul

Abstract :

MFN is defines as the benefits a country gets from discounted tariffs and the difficulties faced by it in trade.MFN decided to connect two or more nations in trade agreement. With this all the members of the WTO (World Trade Organization) get the status of MFN. This is how all the members receive similar trade benefits. It is important for smaller members because it reduces the cost of their exports, which eventually makes them more aggressive. Country’s export trade and industry growth is enlarged. When a state has the advantages of lowered tariffs and cutbacks of trade difficulties it is said to have received the MFN status. It is granted to two or more states that have a trade agreement. Since all members get MFN status this means that they get one and the same trade benefits. This is considerably essential for smaller members because it lessens the cost of their exports and makes them viable. This in turn, boosts up their exports and country’s economic development. Since MFN status is not granted to other members of the union or of the World Trade Organization, this gives negative aspect to it. Because of this country’s industries cannot be guarded from cheaper goods that are produced by foreign countries. Many countries were agitated to get MFN status, so that they could export goods costeffectively to the United States market but it was found out that they lost their local agricultural industry. It became difficult for the local farmers to fight with the subsidize
14) PROFITABILITY OF COMMERCIAL BANKS IN PAKISTAN: A CASE STUDY OF NATIONAL BANK OF PAKISTAN
Author(s):Ihsan Ullah, Dr. Zia Obaid, Amir Hussain and Mehnaz Gul

Abstract :

Banks are the most comprehensive intermediaries in the financial market. They are the core custodians of the public funds. Banks functions include mainly the borrowing and lending. The difference between borrowing and lending is the profit or loss for the banks. In this research it has to determine the impact of deposits and loans on the profitability of National Bank of Pakistan. This research takes a data set of 20 observations, annual values of the variables from year 1993 to 2012. The two parameters to be used are Return on Equity and Return on Assets which will be considered as dependent variables as well as indicators of profitability. Deposits and loans will be used as independent variables. The descriptive statistics are used to check the data consistency, while the Correlation Analysis is incorporated to check the relationship between dependent and independent variables. The Model being used is Ordinary Least Squares OLS or Simple Linear Regression SLR using gretl as a tool. The results are determined by considering the relationship of deposits with both ROE and ROA. The results that deposits and loans whether affect the profitability of NBP significantly or insignificantly are determined. The negative or insignificant relationship may be due to the reason that NBP is the only state owned commercial bank and it deals with many other operations. Finally the impact of deposits and loans on profit is evaluated in terms of ROE and ROA.
15) GWADAR PORT AND CHAHBAHAR: WILL THEY COMPETE OR CO-OPERATE REGARDING TRADE WITH CARS?
Author(s):Dr. Kausar Takrim

Abstract :

Central Asia has become the center of attention for the world due to its vast reserves of oil and gas. The region is composed of small landlocked economies having no access to sea for trade. The Central Asia Regional Economic Cooperation (CAREC) is trying to integrate the Central Asian countries into the global trading system. Central Asian countries will be able to export their energy resources, cotton, and other minerals to the international market only if they have economical access to sea ports. The ports of Chabahar of Iran and Gwadar of Pakistan are planned with this purpose. Pakistan hopes that Gwadar port would be more successful against Chahbahar as it is a deep sea port and can accommodate larger vessels. Iran, on the other hand, has established good relationships with the Central Asian States and will be more than happy to provide them the exit point for their goods and commodities. Competition would always be there whether Central Asian states opt for Gwadar or Chahbahar. This is the age of globalization and states have realized that economic benefits are possible only if they come closer. The benefits on the basis of comparative advantage are only possible if there is a closer integration of nations and modes of transportation are cheaper and distances are shorter. There are both co-operative and competitive relationships between Pakistan and Iran. They have co-operative relationships on issues of boarder security and trade while often diverging on foreign policy
16) “WOE IS ME! SHE DIED THE HOUR THAT ‘I’ WAS BORN” CHRISTABEL: A PSYCHOLOGICAL TRAUMA TO MOURN THE LOSS OF MOTHER.
Author(s):Dr. Shazia Ghulam Mohammad, Atteq ur Rahman

Abstract :

Christabel is an intricate and puzzling narrative poem which deals with the psychological trauma of an innocent maiden who is at the threshold of adolescence. Her mind is a stage where phantoms of her imagination are let loose to play vital roles in brining about the catharsis of her repressed desires. The reader finds himself bewildered at such a quick succession of dream after dream; vision after vision; trance after trance. The piece has vagueness of a dream and there is hardly a logical sequence in the events. The supernatural machinery is interwoven with the real trauma of the loss of mother and its aftermaths which can be best interpreted in Freudian dream worki analysis. The poem records tramatic phases in the life of Christabel leading to her progression towards maturity by overcoming the sense of loss. It is a lament over physical as well as psychological death of mother as experienced by Christabel. This paper analyzes different phases Christabel passes through by applying a psychoanalytic theoretical framework. It tackles the ever perpexing question of the birth of ‘I’ and how it determines all the subsequent identifications by our first loss—the loss of mother. The poem not only deals with the loss of mother crucial in determining Christabel’s identity but also with her anxiety and frustration over the gap she finds difficult to bridge between her instinctual ‘I’ and social ‘I’ii unless aided by supernatural agencies.

Volume No. 44

Issue No. 64

July 2013