Journal of Law and Society

1) HATE SPEECH, FREEDOM OF expression AND REFUGEES: A CRITICAL PERSPECTIVE
Author(s):Syed Murad Ali Shah

Abstract :

Hate speech has remained a topic of great debate, especially after the Second World War. The Universal Declaration of Human Rights (UDHR) being a foundational document of international human rights law in its Article 19 grants the right to freedom of opinion and expression to everyone unconditionally. However, in order to put limits on the right to freedom of expression, international community jotted down various agreements in the shape of conventions and charters but out of these, three international instruments named as the European Convention on Human Rights (ECHR), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and the International Covenant on Civil and Political Rights (ICCPR) are very famous at regional and international levels, respectively. Almost all instruments of human rights grant the right to freedom of expression to every human being though conditional with various restrictions as deemed necessary and fit under the law in order to protect the respect, reputation, and honour of others. ---
2) THE ENVIRONMENTAL IMPACTS OF TOURISM: A CRITICAL EVALUATION
Author(s):Bahadar Ali, Parveen Gul

Abstract :

Tourism is vociferously designated a lucrative industry for global capital by many; however, very few have considered its adverse impacts on the environment. The moment one leaves the front door closed behind in pursuit of tourism; environmental degradation commences. The negative impacts of tourism on land, water, air, plants and animals on diverse ecosystem comes from three sources: developing infrastructure; facilities and products; attracting and satisfying tourists; and understanding their attitudes, behaviours and actions. The paper primarily focuses on tourism sector and the impacts, which it has on natural as well as social environment. The basic aim of the paper is to highlight the close interaction between the two and the adverse impact, which the growing tourism has on environment. Finally, the paper provides for the possible remedies to heal the environmental damage. For the purpose to achieve the above-mentioned objectives, in this paper we adopted a qualitative meta-analysis technique.
3) CRIMINAL JUSTICE AND MODEL COURTS IN KHYBER PAKHTUNKHWA: AN INTERDISCIPLINARY CRITIQUE AND A CASE STUDY
Author(s):Faisal Shahzad, Tauseef Iqbal

Abstract :

The provision of inexpensive and expeditious justice is one of the constitutional responsibilities of the state which is fulfilled through the instrument of judiciary. In pursuance of Expeditious Justice Initiative the government of Khyber Pakhtunkhwa (hereinafter KP) established Model Courts in the province in 2019 with the purpose to introduce a time-bound criminal trial regime. The study in hand intents to evaluate the impact of Model Courts on reducing the pendency of criminal cases in KP. To achieve this objective a questionnaire based survey was designed and data was collected from legal professionals as well as litigants. The study findings indicated that both legal professionals and litigants are satisfied with the establishment of the Model Courts and its functions helping to adjudicate and dispose of the cases in efficient ways in the province. Both groups were satisfied that with the establishment of Model Courts in KP has ensured speedy justice. The study suggests that in order to evaluate the efficiency statistical data regarding the outcome of the Model Courts in terms of its decisions, pendency, rate of conviction and acquittal and the ratio of reversal of its decisions on appeal is required to be rigorously analysed. Furthermore, access to such information also needs to be public so that it can be subjected to scrutiny for further improvement. Interdisciplinary critique research methodology has been deployed critiquing the criminal justice system in the provi
4) CYBER WARFARE AND CURRENT LEGAL REGIME: AN ANALYSIS OF THE COMBATANT STATUS AND PRINCIPLE OF DISTINCTION
Author(s):Kaniz Fatima, Sami Ur Rahman

Abstract :

This paper would discuss cyber warfare and different challenges related to it that are not covered by the current legal regime applicable to cyber warfare. Cyber warfare creates a unique battlefield in which no conventional arms are being used. Current jurisprudence on cyber warfare suggests that the principles of International Humanitarian Law (hereinafter IHL) are applicable on this method of war as well. Law of armed conflict is applicable on cyber warfare but there are many challenges that are not addressed by the current legal regime. This paper would canvas two of these challenges. First one is the difficulty in determination of combatant status in cyber warfare. The other issue to be examined is the impracticability of principle of distinction as there is no clear distinction between civilian and military objectives in cyber space due to their inter-connectivity and dual use character. This paper suggests that the principles of traditional warfare should be reshaped to make them applicable to the cyber warfare and an analytical study of the contemporary legal regime shall be carried out.
5) Cyber warfare, Combatants, Principle of distinction, Civilian objects, Military objects
Author(s):Naeem Ullah Khan, Muhammad Nadeem Farid

Abstract :

Letters of Credit are the instrumental force to minimize the risk of exporter and importer in international trade, and act as a catalyst for the smooth functioning of international business transactions. This document is called the life blood of the international trade. In international business transactions, the distance between the buyer the seller, as well as the different dynamics of the foreign market, increases the risk of seller with regard to payment, on the other hand the risk of the buyer with regard to the shipment of the goods. Therefore, the Letter of Credit acts as an instrumental force to minimize the risk of both parties. Hence, the Documentary Letter of Credit is an arrangement through Bank between the seller and buyer, and acts as a substitute for cash. It allows the seller to be paid as soon as the goods are shipped, and also gives the guarantee to the buyer that the goods are en-route and will conform to the contract. In this connection, UCP 600 explores the idea of doctrine of autonomy of letter of credit and strict compliance. However, the Courts have played a pivotal role in the interpretation of these doctrines. The present research is based on qualitative approach, and it will explore the implications of LC in international business transactions.

Volume No. LI

Issue No. 76

ABC