Journal of Law and Society

1) EVOLVING PARADIGM OF QUALITY STANDARDS IN THE MULTILATERAL TRADING (WTO) SYSTEM: CHALLENGES AND OPPORTUNITIES FOR PAKISTAN
Author(s):Naeem Ullah Khan, Muhammad Nadeem

Abstract :

Abstract WTO is a fact of life which poses many challenges and opportunities for developing countries in import and export sectors. WTO requires the compliance of certain quality standards to protect human life, environment and health. In post WTO time, segments of Pakistani economy especially industry, agriculture and services are progressively facing various difficulties. One of the real difficulties for low income nations towards gaining the sustainable development is the lack of capacity building to fulfill the requirements of the universal purchasers. Worldwide purchasers are progressively requesting compliance on quality, security, environment and social models. Consistence to universal and national standards advances productivity and competition through global trade secures customers' privileges of wellbeing and security and thus prompts the improvement of economy. Non fulfillment of these requirements results as loss of business. It can be safely concluded that every country needs to develop and adopt quality standards such as ISO 9000, ISO 14000, ISO 45000, and ISO 22000 which is best for its economic, social and environmental needs. Moreover, there should be active people’s participation, close publicprivate NGOs partnership and there should be stress on training all the key factors involved in quality management and product standards. In the light of SPS and TBT Agreements Pakistan is required to upgrade its legal and scientific mechanism to
2) IMPACT OF ORGANIZATIONAL JUSTICE ON TURNOVER INTENTION-THE MEDIATING ROLE OF EMPLOYEE MOTIVATION
Author(s):Saima Batool, Muzammel Shah

Abstract :

Abstract The purpose of this study was to find the mediating effect of employee motivation dimensions on the relationship of Organizational Justice and Turnover Intention. For mediation analysis, the Baron and Kenny (1986) four steps model was used. Data was collected from 141 employees working in pharmaceutical industry located in Hayatabad Industrial Estate, Peshawar. The response rate was observed 73% and about 88% were male and 12% were female. All the constructs (TI, IM, EM, PJ, DJ and IJ) were tested for reliability using a Cronbach’s alpha. All the reliability values were greater than 0.70 and overall Cronbach’s alpha equal to 0.860.Correlation and regression analyses were used to find the strength and magnitude of relationship among the variables under study. The study concludes that there is a meditational effect of employee motivation on the relationship of Organizational Justice (OJ) and Turnover Intention (TI). This study also explains Kenny (2012) procedure for finding the significance of mediation effect.
3) TEACHERS’ COMPETENCIES AND STUDENTS' SCIENCE LEARNING: COMPARISON FOR FIRST AND SECOND LANGUAGE AS MEDIUM OF INSTRUCTION
Author(s):Tariq Mahmood, Ashiq Hussain

Abstract :

Main focus of this study was to know the relationship of teachers’ individuality and students' learning achievement at elementary level. Teachers' individuality refers to teachers' designation, qualification, experience, salary, gender, locality and marital status. A sample of seventy two subject teachers who were teaching science subject to 8th class were selected as sample of this study. Teachers were selected from only those high and higher secondary schools, where both Urdu medium and English medium classes were present for science teaching. A rating scale was developed and administered on selected sample for data collection purpose. Response rate from teachers remained ninety four percent. Data was analyzed by usingt-test and ANOVA as statistical techniques with the help of SPSS software. Results revealed that teachers’ designation, qualification, experience and salary has positive impact on students' science learning. Similarly, female teachers and urban teachers performed better than their counterparts. While, marital status of teachers has no impact on students' achievement. On the basis of conclusions it was recommended that teachers’ background variables may be considered strictly while recruiting new teachers.
4) ANALYSES OF ENVIRONMENT GOVERNANCE IN KHYBER PAKHTUNKHWA
Author(s):Inayat Ullah Khan, Muhammad Asif Khan

Abstract :

This article analyzes governance structure in the field of environmental management and administration in the Province of Khyber Pakhtunkhwa. Identification and description of laws related to environmental governance are mentioned along with gaps and overlaps. The laws which are discussed include the Rules of Business of the Federal Government and Government of Khyber Pakhtunkhwa and main stream laws of Khyber Pakhtunkhwa related to environment including local government law.
5) DETERMINANTS OF DISCLOSURE IN THE COMMERCIAL BANKS OF PAKISTAN
Author(s):Arif Hussain, Yasir Khan

Abstract :

This paper examines the determinants of disclosure in Pakistani commercial banks. Disclosure ensures transparency and safeguards the rights of stakeholders. The code of corporate governance for corporate sector in Pakistan was introduced in 2002 and was revised in 2012 along with State Bank of Pakistan (SBP) Prudential Regulations make it compulsory for commercial banks to disclose all the required information to various stakeholders. This study uses annual data for the period 2003 to 2015.Corporate disclosure index (CDI) has been used as dependent variable, whereas firm size, return on assets, auditor reputation, board composition, board size, listing age, block holders ownership, institutional ownership and risk taking have been used as independent variables. The results report over all, a satisfactory level of corporate disclosure for commercial banks in Pakistan. Risk taking and block holder ownership predicting negative relationship with corporate disclosure, while board composition, board size, return on assets, auditor reputation, institutional ownership, firm size and listing age predicting positive impact on the corporate disclosure practices of commercial banks in Pakistan. The results are expected to help policy makers to reshape their policies by encompassing the approaches that facilitate the risk management of banks in Pakistan. The study will also help researchers in strengthening their level of understanding of these relationships. Replica
6) MAKING TRANSNATIONAL CORPORATIONS MORE RESPONSIBLE: A HUMAN RIGHTS APPROACH
Author(s):Muhammad Asif Khan, Inayat Ullah Khan

Abstract :

The unique blend of international human rights norms and the Corporate Social Responsibility (CSR) amused some people but for some it has always remained a topic of critique. Various norms have been proposed over the past two decades to regulate the actions of the transnational corporations (TNC’s). These norms however have failed to impress several international actors; the human rights council has been working on drafting norms to get a unanimous approval. In this regard the UN human rights council - in June 2011 - finally approved guiding principles on business and human rights. The guiding principles provide a platform to a complex issue of corporate regulation through international law. More efforts are needed in order to formulate a practical approach towards the regulation of TNC’s through international law. The article is focused on the importance of CSR and analyzes the efforts to regulate TNC’s through international law. A practical approach is made to gauge the liability of TNCs under international law for any human rights violation.
7) FDI AND INCOME INEQUALITY; EVIDENCE FROM DEVELOPING COUNTRIES, USING FMOLS APPROACH
Author(s):Sohail Farooq, Sundas Maqbool

Abstract :

The paper is an attempt to scrutinize the possible long run relationship of FDI and income inequality for 32 developing economies for 1973- 2014. Using panel co integration technique we found that FDI is positively and significantly related with income inequality and the results are robust for alternative inequality data set (EHII inequality) of income inequality.
8) MODERN REPRODUCTIVE TECHNOLOGIES, AESTHETIC SURGERY AND CONTRACEPTION IN ISLAMIC LAW: A CASE STUDY OF KHYBER PAKHTUNKHWA
Author(s):Muhammad Nadeem, Maryam Khan Sher

Abstract :

This paper questions the scientific techniques and developments in three important areas of health sciences from Islamic perspective ,the first being Aesthetic Surgery commonly known as Cosmetic Surgery ,the second are modern reproductive technologies particularly artificial insemination and test tube babies, the third is Contraception. The first part of the paper studies the body and face reconstruction and other related surgical specialties from Islamic Perspective. The Second is a keen analysis of Developments in Infertility &Reproductive Health Sciences; the third is the religion treatment of Contraception. The Quranic texts and Sunnah and the view point of different Imams are heavily relied upon as evidence. The concept of the creation of man, man’s interference in the Law of Nature, and the relation of Bioethics with Religion all carries the discussion forward. The paper also takes in into discussion our health belief system. Do these medical possibilities in the realm of Science are sanctioned by our religion? Islam has so much to do with all areas of human related issues and so with the health engineering. Where the Muslim medical practitioners and scientists have a vast degree of contribution towards the development of health sciences, there Islam has strong remonstrance against intermeddling with the Law of Nature. Hermaphrodites, gender transformation, sale of bodily organs, induced sterilization, the handling of child birth by a male practit
9) WIPO COPYRIGHT TREATY OF 1996 & LEGITIMATE INTERESTS OF THE USERS OF COPYRIGHT WORKS: AN ANALYSIS
Author(s):Pervaiz Khan, Sohail Farooq

Abstract :

The WIPO Copyright Treaty (1996) has changed the copyright law by adopting an international legislation on Technological Protection Measures. The treaty’s main goal was to protect copyright work owner’s right through maintaining a balance between the legitimate interests of copyright owner and the legitimate interests of the user. But, this aim has yet not been fully achieved, as users’ legitimate interests are often ignored while protecting copyright work owners’ rights.
10) WOMEN SEEKING DIVORCE DUE TO MARITAL VIOLENCE: A CASE STUDY OF MALAKAND DISTRICT, KHYBER PAKHTUNKHWA (KP) PROVINCE, PAKISTAN.
Author(s):Muhammad Ibrar, Raazia Hassan Naqvi

Abstract :

Family is a group of people who are related by birth or by marriage. In most of the societies, marriage is considered compulsory for pursuing sexual relationship and there are defined procedures to dissolve a marriage like divorce. The study aimed to find reasons why the married women seek divorce (Khula) from their husbands. Thegeographical universe of the study was Malakand District of Khyber Pakhtunkhwa Province of Pakistan. A quantitative survey implying random sampling was used to select the respondents. Semi structured interview schedule containing both open and closed ended questions, was used as a tool for data collection. The findings suggest that there was abuse, interference, and power imbalance that made women decide to separate or take divorce. The suggestions include giving the partners opportunity to get to know each other before marrying; commitment, tolerance and patience between couples after marriage; and case management services for couples to deal with tensions of their personal lives.
11) THE ROLE OF FEDERAL INVESTIGATION AGENCY IN CURBING BOOK PIRACY IN PAKISTAN
Author(s):Sobia Bashir, Ghalib Khan

Abstract :

The Federal Investigation Agency (FIA) is a counter-intelligence and security agency which has a major role in the implementation mechanism of copyright laws. Its Economic Crime Wing (ECW) is responsible for carrying out operations against the violation of copyright laws in Pakistan. The main objective of this study is to find out the role of FIA in curbing book piracy in Pakistan. For this purpose, data was collected from the concerned section situated in Peshawar, Khyber Pakhtunkhwa. The study found that FIA has a major role in curbing book piracy in Khyber Pakhtunkhwa, Pakistan. However, due various reasons this criminal activity cannot be controlled. The study observed that lack of updated laws and complicated legal procedures are among the main hurdles in curbing book piracy in Pakistan.
12) CLEAN AIR AS A HUMAN RIGHT
Author(s):Bahadar Ali, Muhammad Hassan Khalil

Abstract :

When you can’t breathe, nothing else really matters. We have not inherited earth from ancestors; rather we have borrowed it from our coming generations. Environmental justice is same exact there, you have to take care of the people who don’t have the power to take care of themselves, you have to represent them in halls sometimes as representative because if you don’t do that, you are not really on the life’s mission that is worth-while. Air pollution has grown up a serious hazard for human, environment and economy, till now, environmental laws has failed to fight for clean air against air pollution. The reason is that, there is lack of uniform use of the ways for achieving the goal of clean air as a human right. This paper is an attempt to prove clean air as a human right in the perspective of National as well as International Environmental Protection instruments.
13) BREAKING THE STATUS QUO OF ACADEMIC LAW LIBRARIES IN KHYBER PAKHTUNKHWA: AN ANALYSIS BASED ON THE VIEWPOINTS OF LAW ACADEMICIANS, LEGAL PROFESSIONALS AND LAW LIBRARIANS
Author(s):Ghalib Khan, Sobia Bashir

Abstract :

Academic law libraries has a major role in the cycle of legal education system. The concept of legal education without law library is incomplete. The main purpose of this study is to exam views of law academicians, legal and library and information science professionals on the improvement of academic law libraries in Khyber Pakhtunkhwa (KPK). Qualitative approach based on an interview technique was adopted to conduct the study. Findings of the study demonstrates that there is a dire need of taking strategic based measures for the improvement of academic law libraries in KPK. The study also suggests some measures to the authorities on how to improve the current state of affairs of academic law libraries in the province

Volume No. XLVIII

Issue No. 70

January 2017