Journal of Law and Society

1) AN ANALYSIS OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS MINIMUM STANDARDS AND PAKISTAN ANTI-TERRORISM LAWS
Author(s):Muhammad Nadeem, Irshad Ahmad

Abstract :

Since many years, Pakistan is facing different challenges in the war against terrorism and extremism. Many laws have also been enacted to counter terrorism in these extraordinary circumstances. But every time the implementation of these laws have posed to be a more serious challenge than their legislation. From constituting Special courts to the military courts, every time there has been the fear of human rights violation from the country apex courts, civil society, and other national and international human rights bodies. Pakistan after ratifying the International Covenant on Civil and Political Rights ICCPR) is obliged to make its national laws compatible with the Covenant. This paper illustrates the Anti-terrorism laws of Pakistan violating the principle of the ICCPR with a set of recommendation to make them compatible. A very brief history has been discussed with the core issues at the time of their legislation and enactment. This paper aims to spotlight the incompatible portions of Pakistan counter-terrorism regime on the index of Pakistan international obligation under the ICCPR.
2) AGENTS OF SOCIALIZATION WITH PESTERING POWER IN URBAN AREAS OF PAKISTAN
Author(s):Haider Ali, Saima Batool

Abstract :

This study focuses on testing the influence of agent of socialization (i.e. family, friends, cartoon characters, celebrity endowment, TV ads and Store visits) on pestering power of children. Current study addresses the question; do the agents of socialization have an impact on Pestering Power of children in urban areas of Pakistan? Research is co-relational study between agents of socialization and Pestering Power. Population of this study is children between 10 to 12 years living in urban area and belonging to upper middle or upper class. Quantitative data collection tool of respondent filled questionnaire was used upon random sample size of 200 children and their parents, including 100 girls and boys each. Out of total 200 distributed questionnaires, 175 were collected back and out of them 173 were found valid. Analyses include frequency and correlation to answer research question. Results showed moderate positive correlation between the variables. So it was concluded that there is a positive relationship between agents of socialization and Pestering Power of children in urban areas of Pakistan. Research held limitation of small sample size and thus it should be kept in consideration while generalizing the results of this research. Further research suggestions could be to expand this research on a larger sample size and more variables. A separate research study can also be conducted for rural areas of Pakistan. Ethical issues related to this impact of soc
3) ENVIRONMENT AND TRADE ISSUES UNDER GATT ARTICLE XX: AN ANALYSIS
Author(s):Muhammad Asif Khan, Sohail Farooq

Abstract :

There is no direct “legal” relationship of trade with environmental protection. However, article XX of the GATT have served the purpose of a guardian of environment. This is deemed as inadequate by the environmentalists and critiques. The issue of environmental protection through trade embargoes on the defaulter states is contentious. The pre-WTO approach was different from the post WTO approach of environmental protection. This article thereby examines the difference of approach towards environmental protection by the pre and post WTO panels. The analysis of different major case laws in this matter allows us to understand the suitability of article XX of GATT for environmental protection.
4) THE PLIGHT OF EUNUCHS IN PAKISTAN: AN OVERVIEW
Author(s):Faisal Shehzad, Inayat Ullah Khan

Abstract :

Concept of gender binary is becoming irrelevant with passage of time. Sex is assigned at the time of birth, and gender is a self-assigned social role that one prefers to be identified with in any society. The article has referred to high level of deprivation, alienation, discrimination, abuse and hostilities faced by eunuchs in Pakistan on touchstone of international human rights standards. Recommendations are given for humanely treatment and determination of legal status of eunuchs in Pakistan in accordance with the international human rights instruments.
5) HIV/AIDS AND THE ENVIRONMENTAL FACTORS; PROTECTIVE LAWS RELATED TO HIV IN PAKISTAN
Author(s):Bahadar Ali, Parveen Gul

Abstract :

HIV/AIDS makes a headline only on the 1st of December, but Environmental problems is the news all over the year, similarly turning the un-necessary lights is not that climate change all about – but to change of the people’s health is change of the world’s health. The relationship among Population, Health and Environment is examined in this paper; stress is given on the relationship between HIV/AIDS and environmental factors. There is a situation which has linkage with the efforts to put the government in restraining the menace of HIV/AIDS from this country. The paper goes further and recommends some measures which are very helpful in curtailing and in treating this chronic disease from Pakistan.
6) PAKISTAN: A SHIFT IN ITS TRADE POLICY TOWARDS GLOBALIZED TRADE AND ECONOMY
Author(s):Pervaiz Khan, Maqsood Haider

Abstract :

Neither the General Agreement on Tariffs and Trade (1947), nor its successor, World Trade Organization (1995), was primarily significant in pushing Pakistan towards global trade and economy. Indeed, it was the International Monetary Fund and World Banks’ Structural Adjustment Programs, in relation to their loans to Pakistan, which coerced the country to adopt extensive trade liberalization policies.
7) LEGAL IMPLICATIONS OF TRIPS AGREEMENT UNDER THE WTO REGIME: RESPONSES OF COURTS IN PAKISTAN
Author(s):Naeem Ullah Khan, Muhammad Nadeem

Abstract :

The TRIPS Agreement (Agreement on Trade related aspects of Intellectual Property Rights) is one the most significant of the multilateral trade agreements under the WTO regime. The TRIPS Agreement covers intellectual property areas such as copy right and related rights, trademarks including service marks, geographical indications, industrial designs, patents including the protection of new varieties of plants, the layout-designs of integrated circuits, and undisclosed information. This research paper examines that a strong intellectual property rights protection system in line with the objectives of the TRIPS Agreement is likely to have immense impact on the economy of Pakistan because strong legal framework and judicial system ensures the attraction of foreign trade and investment. A case-law study reveals that the Pakistani courts are now-a-days very much vigilant in reorganization of the intellectual property regime under the multilateral trading system. Moreover, the prevention of abuse of intellectual property rights as envisaged in the TRIPS Agreement is a highly encouraging factor for attracting foreign investment in Pakistan.
8) BIOLOGICAL DIVERSITY AND THE PROTECTION OF WILDLIFE IN THE PROVINCE OF KHYBER PAKHUNKHWA
Author(s):Inayat Ullah Khan, Faisal Shehzad

Abstract :

This article analyses the law of Khyber Pakhtunkhwa on biodiversity and wildlife. The analyses are made on the touch stone of international conventions and the national polices which are made by the Federal Government from time to time. An attempt has been to locate issue in the law on biodiversity and wildlife of Khyber Pakhtunkhwa and make recommendations for protection of wildlife and biodiversity as essential component of environment.
9) IMPACT OF DEMOGRAPHIC ATTRIBUTES ON WORK-FAMILY CONFLICT IN UNIVERSITY TEACHERS
Author(s):Rizwan Ahmad, Muhammad Shaban

Abstract :

Family is incredibly important part of the society. Family can be characterized as the assemblage comprising of parents and their kids living collectively as a unit and are bound by cultural ties. Work-family conflict (WFC) can be narrated as a form of inter role conflict. In it both the work and family roles pressures each other and are reciprocally inappropriate in various respect. This research study was undertaken with the Objectives to find out the existing level as well as identifying those attributes that affect WFC. 336 university teachers served this research as subjects. Instrument used for the study was work family conflict scale (WFCS). Mean calculations, t-test and ANOVA was performed for data analysis. Conflict was found in university teachers and age was observed to be the source of variation in university teachers WFC.
10) GREED VERSUS GRIEVANCE DEBATE HIGHLIGHTING ITS EMPIRICAL, THEORETICAL FOUNDATIONS AND APPLICABILITY TO THE STUDY OF CONFLICTS: A CASE OF BALOCHISTAN PROVINCE IN PAKISTAN
Author(s):Mir Dosteen Hoth, Saeeda Mengal

Abstract :

Greed versus grievance theory has been a milestone in understanding conflicts and civil wars around the world. It has been a highly debated topic in the study of conflicts. Much has been written about conflicts and a wide available literature has several theories that envisage the possible precipitating factors and explain the extent of many conflicts over the past few decades. In this paper, we explain the “Greed versus Grievance” debate highlighting the central arguments of Collier and his associates. Moreover, this paper also look at wider available literature on Balochistan conflict in Pakistan to endorse the stance of Murshed and Korf, who argue that it is neither only “Greed” nor only “Grievance” but a multi-dimensional of factors comprising of both “Greed and Grievances” that actually trigger conflicts and civil wars. Additionally this research concludes the argument that both of these factors are crucial in explaining reasons of the conflict in Balochistan case, but at same time both models are not perfect and need further research. Thus, it would be much more helpful to the study the conflict with the lens of both “Greed” and “Grievance” perspectives as they complement each other.
11) BOOK PIRACY AND LEGAL LACUNAE IN KHYBER PAKHTUNKHWA: A LEGAL PROFESSIONALS’ VIEW POINT
Author(s):Sobia Bashir, Ghalib Khan

Abstract :

Copyright infringement leads to the piracy which is a complete disregard for the ownership of literary or artistic works. Book piracy is not a new phenomenon it is as old as human civilization. Generally it is believed that it stems from social, economic and legal backgrounds. The main objective of this study is to investigate the main causes of book piracy in Khyber Pakhtunkhwa keeping to fore legal lacunae and give possible measures and to improve the current situation. Keeping to fore the objectives of the study interview technique was adopted to collect data from the target population. The population of this study were the registered legal practitioners of Pakistan Bar Council, Khyber Pakhtunkhwa who were purposively selected. Based on their experience of dealing with the cases of book piracy a total of 15 legal practitioners were selected for the study. The study found that complicated legal procedures and lack of awareness about the disposition of the cases of piracy were the main lacunas.
12) METAPHORS FOR LIFE AND LOVE: A COMPARATIVE ANALYSIS
Author(s):Shuja Ahmad

Abstract :

This paper using Conceptual Metaphor1 Theory (CMT) as theoretical frame work attempts to identify and interpret Life and Love metaphors in the Urdu language. It also compares the identified Urdu metaphors with their English counterparts. In case of the English metaphors it takes into account only those metaphors that have been discussed by Lakoff, Johnson and Turner in their works. The paper concludes that some of the metaphors for Life and Love are common in both the languages. It corroborates the notion of presence of common metaphors in cross cultural contexts.
13) AN INTERGENERATIONAL ‘RIGHT TO A HEALTHY ENVIRONMENT’
Author(s):Muhammad Hassan Khalil, Bahadar Ali

Abstract :

The question that what do we owe to the coming generation might be a nonsensical and un-answerable for some people; but it is tantalizing from its persistent view point to environmentalists and to lawyers in particular. Doing no harm to children is an agreeable point for everyone; most people will be wishing even a healthier environment for their future generations. But by examining our choices, lifestyles and behaviours as an individual and societies we failed in keeping a way of life which is climate friendly. Are we eroding of investing in our children’s future? The article is an attempt to explore the emerging concept of Intergenerational environmental justice by bringing together environmental justice and human rights arguments through a novel way, which provides a groundwork to the principle of intergenerational environmental rights having its base in Human right to potable water, fresh and healthy air, and healthy soil etc.

Volume No. XLVII

Issue No. 68

January 2016