Journal of Law and Society

1) ENVIRONMENTAL PRESERVATION DURING ARMED CONFLICT AND THE ROLE OF INTERNATIONAL HUMANITARIAN LAW
Author(s):Bahadar Ali, Parveen Gul

Abstract :

It has been duly argued that a step change is required in the delivery of sustainable goals as how the International Community must deal the environmental dimension of an armed conflict. The resolution will be a starting point of a long and overdue debate and its great outcome might be that it could mark a moment where environmental protection at the times of an armed conflict might step-out from legal seminars into the political arenas. War, migration and environment are interconnected and interrelated, just as the horror of war often results in human migration and environmental degradation; hence it puts a great impact on the surrounding ecosystem as well. This nexus is very complex and requires to be dealt in a holistic way. Indeed, the armed conflict can have devastating consequences for the people and the environment. War is incredibly complex and is associated with military strategy which can affect wildlife and people through very diverse pathways. This theme suddenly arose in 1960-70s although it is much older topic then that, it arose in the Vietnam conflict it came in our minds in that conflict very vividly, it came again in 1991 in Saddam’s oil leakage in the sea which caused almost irreparable loss to marine life.
2) THE STUDY OF PATRIARCHAL NORMS IN CONTEMPORARY PAKHTUN SOCIETY AND THE DISASTER OF HUMAN EMOTIONS
Author(s):Maryam Khan Sher, Muhammad Nadeem

Abstract :

This study situates the wrongs embedded in contemporary Pakhtun society demanding a certain standard of actions and expectations from male members in the contemporary Pakhtun culture. It is a fine discovery of arguments about the societal roles assigned to males of all ages in the Pakhtun society. The article conveys information on four important questions. The first is to list the favorite position assigned to males since their childhood through adolescence and past the old age. The second is to highlight the social perceptions in this regard. The third is to know the societal insight on the concept of masculinity and macho character and the very assumptions underlying these stereotypes. The fourth question intends to establish a relation of emotions with performance goals of an individual. This paper would prove as an essential reading in diagnosing the substantial introduction of a typical Pakhtun male in our society. The article deals with remedial suggestions by urging to eradicate the jaundiced views on males’ profiling by linking it with the disaster of emotional rights. The gender stereotyping is a multi-faceted reality. In most forms of contexts and settings males are assigned a particular fantasized character of bravery, valor, potency, autonomy and strength. They are required to behave in certain regular ways and nothing short of that is compromised about them. These requirements should have certain threshold and the society while creating and enforcing a particu
3) THE DILEMMA OF BOOK PIRACY IN PAKISTAN
Author(s):Ghalib Khan, Sobia Bashir

Abstract :

Piracy is generally known as the deliberate infringement of copyright and an absolute disregard for the ownership or authorship of literary works. The phenomenon of book piracy stems from social, economic, academic and legal backgrounds. This work is an attempt to study the dilemma of book piracy in Pakistan through literature review. The study finds that various factors are contributing to the phenomenon of book piracy; including misconceptions about piracy, low level of literacy on the part of users, difficulties in accessing legitimate works in under developing country like Pakistan, and complicated legal procedures. The study suggests large level awareness programs about copyright laws and book piracy among the general public and the intellectual property owners by all available means. The government should take initiatives to improve the legislation relating to copyright to cope up with the socio-economic and technological developments. The study further suggests that Intellectual Property laws may be included in the law curriculum for establishing the academic background of students and faculty in Pakistan.
4) A CONCEPTUAL APPROACH TOWARDS DOMESTIC VIOLENCE IN PAKISTAN ON THE TOUCHSTONE OF INTERNATIONAL HUMAN RIGHTS OBLIGATIONS
Author(s):Parveen Gul, Bahadar Ali

Abstract :

By virtue of humanity, everyone is entitled to certain rights, which are so fundamental that without which no one can live as a human being; these rights are known as Human Rights. The very base behind these rights is that these are universal in nature and are equally available throughout the world. Similarly, these rights are interdependent, inter-connected and indivisible; when one right is protected it facilitates the enjoyment and advancement of the other human right, likewise when one human right is denied it automatically adversely affects the other. In Pakistan domestic violence is often deemed to be something of private nature as it takes place within families; even though it is not considered as suitable that it should be intervened by other people or even of a policy change or assessment. Such violence can have overwhelming effects on the lives and dignity of victims, their families and communities. This study intends to focus on the interplay of the domestic violence in the perspective of Human Rights. With the help of this study an attempt is made to investigate about the initiatives started from the state side in the shape of policy mechanism and institutional set-up to counter and rectify the problem in hand. To conduct the study, the methodology which is applicable to social research is adopted because the study relates to a subject which falls within the ambit of social sciences. Thus, the nature of the study warrants for a Liberal Critique research methodolog
5) RIGHT OF CONSULAR ACCESS UNDER THE VIENNA CONVENTION HAS NO EXCEPTION: A CRITIQUE OF JADHAV CASE (INDIA V. PAKISTAN)
Author(s):Kashif Javed

Abstract :

The following article provides a critique of the general rule of consular access to a terror detainee in a receiving state. A person suspected of terrorism has a right of consular notification under the Vienna Convention on Consular Relations (hereinafter VCCR) 1963. The receiving state is under obligation to provide consular access without unnecessary delay. All the ratifying states are under obligation to follow the treaty in letter and spirit. The International Court of Justice (hereinafter ICJ) has a firm jurisdiction to adjudicate over matters enshrined in the Consular Relation Treaty. In Jadhav case, the arrested person was believed as perpetrator of espionage and terrorist activities. He was investigated by the Pakistani law enforcement agencies, tried and sentenced to death by court but was not given consular access after several demands; whereas the claim of receiving state was that the case is of aggravated nature as the sovereignty and existence of the state was put into danger hence being an exception to the general rule cannot avail the right to consular access. The receiving state made the consular access conditional with the help of sending state in the investigation of charges set forth against the accused person. After the ICJ decision, the execution of accused was stopped and the bill to amend the existing army laws to provide right to appeal was proposed. The article explains the right of consular access and provides a critique Jadhav case. It also provides

Volume No. L

Issue No. 74

January 2019