Journal of Law and Society

1) TECHNIQUES OF TORTURE AS A PUNISHMENT AND PROHIBITION IN INTERNATIONAL HUMAN RIGHTS LAW
Author(s):Muhammad Nadeem1, Naeem Ullah Khan

Abstract :

ABSTRACT Torture is prohibited under numerous international treaties and conventions, but is still pretty much in force. Torture is very closely linked to the kinds of punishments that are levied upon a person in the Modern era, different modes of execution in itself contain an element of torture (which mainly involves on the Psychological suffering) The prohibition of torture lays down different modifications to the penalties and sanctions imposed on the wrongdoers. This paper provides an overview of the prohibitions against torture and other cruel, inhuman or degrading treatment, with a focus on the prohibition as it applies to the punishment, treatment and execution of prisoners, this paper inter-alia examines the historical development and conventions relating to torture and punishment including its medieval and modern modes of execution, which elucidate that with the passage of time the procedures have become flexible regarding execution of the criminals with respect to capital punishment. Moreover, this paper describes the technical issues regarding capital punishment and the prison environment. Last but not least, the research shows the role of the states and international organizations for the protection of the rights against torture and degrading treatment under the umbrella of International Law.
2) FOREIGN INVESTMENT IN PAKISTAN: AN ANALYSIS OF THE INTERNATIONAL PROTECTION TO THE FOREIGN INVESTORS
Author(s):Ashraf Ali1, Ilyas Khan2

Abstract :

ABSTRACT Foreign investment economically plays pivotal role in the political development of a state. Since economically powerful states shows key role in the global political issues. In this context every state takes attractive measures for the investors to invest money in the host country. This paper examines the various methodologies as well as rules regarding the foreign investment in Pakistan vis-a-vis at international level. The international statutes and the decisions of international courts also have great impact upon the formulation of Pakistan economic policies towards foreign investment. This paper will also analyze how the foreign investment effected due to war on terror in this region and due to military regimes that took over the democratic governments in Pakistan. In addition, Pakistan should adopt flexible and swift policies and laws so that to encourage foreign investment.
3) DEPLETED URANIUM MUNITIONS AND THE MIND OF THE KILLER ROBOT
Author(s):Sobia Bashir , Faisal Shahzad

Abstract :

This paper is a brief study and analyses of the use and legality of artificial intelligence, drone warfare and depleted uranium munitions on the battlefield and beyond. Depleted uranium munitions are the tip of the tank busting spear. They are great for penetration of heavy armor, and are excellent kinetic energy weapons, but they are not only dangerous for the enemy but dangerous and deadly for all of us. How do these weapons impact the warzones of the 20th century? The paper is a brief study and analyses of the use and legality of artificial intelligence and depleted uranium munitions on the battle field and beyond. How are the legal principles of the laws of war relevant in this context? When artificial intelligence comes across a no-win scenario such as the Kobayashi Maru from Star Trek, what happens then? We are fast losing the human in the loop decision making. Drone warfare is the warfare of the 21st century but how legal is a pilotless drone with an artificial mind, and are we losing control over war?
4) A CRITICAL EXAMINATION OF USE OF FORCE UNDER INTERNATIONAL LAW AND WAY FORWARD
Author(s):Naeem Ullah Khan, Muhammad Nadeem

Abstract :

In the globalized world the illegal use of force is prohibited in the light of Charter of United Nation. This Principle is covered in “Article 2(4)”of UN Charter. Therefore, it has attained the status of jus cogens – peremptory norms from which no derogation is permitted. According to the eminent scholars of international law, the use of force is totally against the territorial integrity and sovereignty of a state and also considered as a violation of human rights. Provisions of UN Charter also provide strong manacles on use of force. On the other hand, there is a view of some scholars that in some exceptional circumstances the use of force is permitted i.e. self defence and those mentioned in Chapter VII of the UN Charter. Under this principle the states are permitted to do certain military action or using force against another state or against a group of States because an immediate threat is prompted to take place, over the time this right has been used extensively to justify many interventions in the territories of other states. The Use of force is politically sensitive and legally undetermined topic. The interesting thing to notice here is that the UN Charter does not use the term “war”, rather it uses “force”, and therefore, it is vague term and not well elaborated the concept of use of force, and still there is no clarity that whether it should refer to military force, political force, economic force or psychological force. The underdeveloped countries ma
5) FACTORS AFFECTING CONVICTION RATE: A CASE STUDY OF KHYBER PAKHTUNKHWA
Author(s):Parveen Gul, Bahadar Ali

Abstract :

The contemporary view about a Criminal Justice System is the institutionalized respond by the society to a crime involving coordination between the various components of Criminal Justice System like the Police department, Prosecutors, Courts and the Correctional Agency. For the purpose to control crime and maintain public order the punishment of the criminals is very necessary in a system. It upholds social harmony, obedience to the laws and compliance to the accepted rules. Severe punishment might not weed the crime but it is the certainty of the punishment which is helpful in bringing down the crime ratio in a state. In any country the rate of conviction serves as an indicator of a healthy Criminal Justice System. The burden of proving the guilt of the accused person lies on the prosecution because the accused person is presumed as innocent until proven guilty. Hence, prosecution faces a lot of difficulties in proving the guilt of the accused persons which, as a result, substantially affects the conviction ratio. This research paper aims to focus upon the problems and issues which are associated with the Criminal Justice System which due to the lack of sufficient mechanism results in the low conviction rate. With the help of this Descriptive cum Analytical study an attempt has been made to find out the state of affairs (causes or factors) that are prevailing in the society at the time of study and which are resulting in the low conviction rate particularly in Khyber Pakhtun
6) PAKISTAN PRISON RULES VIS-A-VIS INTERNATIONAL STANDARDS FOR THE TREATMENT OF PRISONERS; A CRITICAL ANALYSIS
Author(s):Muhammad Qaiser Shah, Anees Iqbal

Abstract :

The Pakistan Prison Rules, 1978 (hereinafter referred to as the rules) lay down extensive details about the management of prisons, classification of prisons and prisoners, their general treatment and the power of the prison authorities to deal with prison offences and disciplinary matters. These rules authorize the jail authorities to pass minor and major punishments against the prisoners in accordance with the provisions of the Prisons Act, 1894 and the rules. The United Nations Standard Minimum Rules for the Treatment of Prisoners also known as the Nelson Mandela Rules (hereinafter referred to as the UN Minimum Standards) do not lay down a universally applicable system of the administration of prisons and treatment of prisoners, nonetheless, it does lay down principles generally considered sufficient and accepted as good principles and practices for prison management and treatment of the prisoners. The current study focuses on the critical analysis of the classification of prisoners under the rules , the validity of different grounds recognized for the classification, the treatment given to the different classes of prisoners; the powers of the jail authorities to punish prisoners, the kinds of punishments and the procedural safeguards given to the prisoners during penal proceedings.
7) CONDITIONS OF KNOWLEDGE: A COMPARATIVE ANALYSIS OF TRADITIONAL THEORIES VS SOCIAL THEORY OF KNOWLEDGE
Author(s):Syed Jawad Ali Shah, Shuja Ahmad

Abstract :

The aim of writing this paper is to examine and analyze issues related to knowledge from traditional and socio cultural perspectives- Social epistemology. Social epistemology or Social theory of Knowledge is an understanding of knowledge from social perspectives and it attempts to answer epistemological questions in a systematic and satisfactory manners. It is argued that traditionally maintained conditions of knowledge are not sufficient since they are more individualistic in nature. Social conditions of knowledge, on the other hand, are based on social values that emphasize more on utility of knowledge in a social context and its connection with the social structures and power relations.

Volume No. XLIX

Issue No. 72

January 2018