Journal of Law and Society

1) FOREST LAWS OF KHYBER PAKHTUNKHWA AND THE ENVIRONMENT
Author(s):Inayat Ullah Khan, Muhammad Nadeem

Abstract :

Forest laws of the Khyber Pakhtunkhwa are identified and analyzed on the touchstone of national policies related to environmental protection with reference to certain international environmental conventions. Gaps and overlaps are located in the Khyber Pakhtunkhwa laws and recommendations are given for better protection of environment vis-àvis forest as both are closely related to each other.
2) ENVIRONMENTAL DISPUTES SETTLEMENT UNDER INTERNATIONAL LAW
Author(s):Muhammad Nadeem, Inayat Ullah Khan

Abstract :

The world is facing increasingly complicated environmental problems generated or exacerbated by human activities. Those problems are either global or Trans boundary and require significant actions to be addressed. The first answer from the International Community to address them has been the signature and ratification of more than eight hundred agreements at international level.1 The objectives of those conventions are to create a legal framework of protection of the environment wherein states will be obliged to take action in the purpose of this protection. This legal framework was weakened and made less effective because States wish to keep environmental issues within the diplomatic arenas where these issues will remain under their sovereign control. In some environmental harm which has direct impact on people’s health or their income like hazardous waste dumping or water pollution, the perpetrators are mostly fined for the civil liability and not for their criminal responsibility. Some similar cases already occurred in several developing countries.2 Most of these countries have not adequate environmental regulations to deal with such issues and international environmental law must provide a forum to hold the perpetrators accountable for environmental harm. The current status of international law provides states with means to settle their disputes (including environmental disputes) peacefully3. The existing fora for disputes resolution, particularly
3) FACTORS EFFECTING ADOPTION IN TELECOM SECTOR: A CASE STUDY OF PESHAWAR
Author(s):Nasir Karim, Ali Ahmad

Abstract :

This study examines the factors that have contributed to and influenced the massive growth in this particular sector in Pakistan emphasizing on the concept of advertising adopted and explored by the mobile telecom companies and the measurement of its impact in recent years. The study also explores those factors that contribute in preference of services provided by these companies with the help of self-constructed questionnaires. The target area under study includes youth specially university students in the city of Peshawar and its vicinities between ages of 18-40. According to data collected and analysis, the results were obtained and analyzed. It was found that although advertising industry, in general, has progressed extensively yet when it comes to telecom industry advertising has shown less effectiveness, whereas other variables that are pricing, service quality, peer or social pressure have considerably stronger impact on adoption. The findings also highlight the reasons for adoption and finally the rating of different companies regarding particular networks through the selected variables mentioned above.
4) DISCRIMINATION ON THE BASIS OF FAMILY STATUS
Author(s):Rizwana Gul, Sobia Bashir

Abstract :

Our relationships with our families lie in our instinct. We humans take it as an obligation to provide social, emotional physical, financial support and care to our family members and expect the same from our families to provide whenever needed. This study will analyse the current scenario of Pakistan where most of the workers supporting their families more significantly by providing all possible means of comfort. But these workers are suffering and getting discriminated directly on the ground of family status who are constant source of care in our society weather for children or ageing parents or relatives with disabilities. This frequent recognition, value and support towards their family make them suffer in getting job or if already doing job does not let them to opt for better opportunities. For instance, a mother having disable child might lose her job because of inflexible job timings. Women do not get promotions because of the general perception that women with familial responsibilities are not committed to their work. Or in case of men having ageing parents to look after alongside with their family responsibilities are discriminated due to the very reason as the employers not offering opportunities to one with such responsibilities. This paper is an attempt to figure out the situation of Pakistan where discrimination is made on the ground of family status. Under human rights code section 13 “it is unlawful to discriminate on the ground of family
5) CAN INVESTOR’S SENTIMENTS AFFECT INDUSTRY STOCK RETURN: EVIDENCE FROM PAKISTANI INDUSTRIES
Author(s):Aamir Khan, Shams ur Rahman

Abstract :

This study has explored the effect of investor’s sentiments on industry stock return. Moreover, the study has also evaluated the disposition effect with context of Pakistan. A sample of comprised of 30 industries and quarterly panel data has been taken from 2003-2014. The independent variables of the study includes investor’s sentiments, dependent variable includes industry returns while control variables includes consumers price index (CPI) and gross domestic product (GDP). The panel regression model has been used for data analysis. The results showed a significant relationship between investor’s sentiments and industry returns. The study also found that effect of investor’s sentiments is varying with respect to varying states of economy, so the disposition affect theory has been supported by the study.
6) MEASURING SOCIAL EMOTIONAL ADJUSTMENT OF HEARING IMPAIRED CHILDREN
Author(s):Muhammad Dilshad, Zobia Noreen

Abstract :

This research aimed to measure social emotional adjustment of hearing impaired children from both primary and elementary levels in Bahawalpur Division. Social Emotional Assessment Inventory (SEAI) was used to collect data from teachers of randomly selected 256 hearing impaired children studying at primary and elemntary levels. Descriptive statistics and t-test were applied to analyse the data. The findings revealed moderate level ofsocial emotional adjustment among hearing impaired students. As a whole, there was no significant difference in social emotional adjustment of primary and elementry level children and in boys and girls. However, significant difference was observed in subscale “emotional adjustment” about male and female hearing imapired students.
7) ROLE OF PERCEIVED ORGANIZATIONAL SUPPORT ON JOB SATISFACTION AND TRANSFER OF TRAINING, A STUDY OF PUBLIC SECTOR ORGANIZATIONS OF PAKISTAN
Author(s):Saima Batool, Haider Ali

Abstract :

The role of perceived organizational support (POS) and job satisfaction on the effectiveness of transfer of training within the workplace has begun when people to start latest to receive attention among latest reports. Nevertheless, there may be still limited working out of how these motives may go together to have an impact on the transfer of training. The purpose of this paper is to identify this relationship between POS, job satisfaction and transfer of training. The information of this study has been collected from different group of employees who are working in the organization, and their supervisors by way of survey. The study had been analysed making use of structural equation modelling. The findings show that job satisfaction mediates the relationship between POS and transfer of training. This study suggested that POS can enhance workers’ job satisfaction, which results transfer of training in the workplace. The big relationship between the factors (POS – job satisfaction – transfer of training) is a most important discovering that has now not been empirically decided earlier, particularly within the transfer of training literature. The findings show that job satisfaction performs a principal function as a mediator in the relationship between POS and transfer of training.
8) CONTEXTUALIZING PAKISTAN IN THE WTO DISPUTE SETTLEMENT SYSTEM
Author(s):Pervaiz Khan, Muhammad Asif Khan

Abstract :

This paper shows that Pakistan, a developing WTO country member, has small trading profile in relation to global trade. Its exports to international markets are limited both in variety and volume, yet these exports are playing pivotal role in the economic and overall development goals of the country. This, in turn, signifies the using of WTO dispute resolution mechanism for Pakistan in challenging foreign trade barriers effectively. However, since its WTO membership in 1 January 1995, in over 22 years, Pakistan has participated limitedly in the WTO dispute system. To date, the country has filed just five WTO complaints. This number needs to be increased by Pakistan in the future, in order to benefit fully from the system.
9) DEFINING TERRORISM IN NATIONAL LAWS: AN OVERVIEW OF THE DEFINITION OF TERRORISM IN THE ANTI-TERRORISM ACT OF PAKISTAN (1997)
Author(s):Muhammad Asif Khan, Pervaiz Khan

Abstract :

The definition of terrorism has always remained a relative issue. The definition is adopted in perspective of dealing with the issue in a relative manner. The paper examines how differently the term has been defined by various states in their statutes. This highlights the problem in the definition of terrorism especially in context of Anti-Terrorism Act 1997 in Pakistan. The analysis of various definitions highlights the common elements adopted in order to cope with a special issue of terrorism. The definitions adopted in the anti-terrorism act in Pakistan is then analysed through the broader scope of subjective and objective elements within the definition. The study is focused upon the theoretical analysis of the relative framework adopted in Pakistan through the anti-terrorism act in Pakistan. The study is based upon content analysis whereby different definitions are examined. The common elements within the definitions are examined relatively and the definition adopted within the ATA in Pakistan is examined.
10) PROBLEMS OF SMALL AND MEDIUM SCALE INDUSTRIAL WORKERS: A STUDY OF KHYBER PAKHTUNKHWA, PAKISTAN
Author(s):Amir Alam, Muhammad Ibrar

Abstract :

This literature based article has been conducted with the objectives to know about the different problems faced by the industrial workers and limitations in social security benefits in Peshawar, Khyber Pakhtunkhwa. In KP there is no heavy industry and mostly are of cottage or small scale nature industries located sporadically in different Industrial estates in the province. Not only the recent militancy has negative impacts on the industrial sector in terms of closure of many industries and factories but also of the structural and in-built problems like labor dissatisfaction with their wage structure as well as the fringe benefits after and during service which has marred their efficiency and proficiency and made life a burden for them. This study recommends that all the industrial workers shall be considered as secured and shall be provided with all the social security benefits as it is their constitutional right
11) INTELLECTUAL PROPERTY: THE TALE OF COPYRIGHT THROUGH LITERATURE
Author(s):Sobia Bashir, Ghalib Khan

Abstract :

Intellectual property and copyright are the terms increasingly in use today but little understood. To many people these terms remain an obscure legal concepts of little relevance to everyday life. However, these concepts are of more importance not only to the legal community but to all members of civilized society. In this manuscript an attempt has been made to give a general idea of these terms through literature review. This gives a brief but comprehensive narrative of intellectual property, copyright, its history and copyright laws of Pakistan. This work is more of academic value to the teaching, students and legal research scholars.
12) QUALITATIVE METHODS: TRIANGULATION TO TACKLE ISSUES OF RELIABILITY AND VALIDITY IN PUBLIC DIPLOMACY AND PROPAGANDA STUDIES
Author(s):Zia Obaid, Mehnaz Gul

Abstract :

This paper brings together major scholarly work in the qualitative methods and provides a resource of literature on the qualitative methods for the qualitative researchers. The research study describes and combines scholarly work on three qualitative methods: the historical and documents analysis method, qualitative interview method and qualitative content analysis method. The study describes the definitions, advantages and disadvantages, of the three qualitative methods. Furthermore, the paper touches upon the issue of reliability and validity in the qualitative research that various qualitative scholars of public diplomacy and propaganda have solved through triangulation of qualitative methods.
13) THE CONCEPT OF A FAIR TRIAL
Author(s):Parveen Gul, Bahadar Ali

Abstract :

Fair trial is basically the norm of International Human Rights Law, which protects individual from arbitrary, unlawful and deprivation of some of the basic liberties, freedoms and rights such as right to life, movement, speech etc. The right to have a fair trial is guaranteed under various International Human Rights instruments1. It’s worth and importance can be judged from the point that despite of its extensive interpretations, recently, it has been put forward in the category of a Non- Derogable rights.2 Some of the principles of the Universal Declaration of Human Rights 1948 were incorporated in the Constitution of Pakistan 1973, while no attention was given to the fair trial. The paper is an attempt to highlight the very basic standards for a fair trial, and how a trial observation mission should be prepared and carried out in practice. However, the paper does not look into the issue which may arise from the trials conducted in the military courts.

Volume No. XLVII

Issue No. 69

July 2016