Law and Policy Review https://journals.umt.edu.pk/index.php/lpr <p style="text-align: justify;">LPR is an international open-access Bi-annual journal launched in 2021 by the School of Law and Policy, University of Management and Technology, Lahore, Pakistan. LPR is a peer-review journal, which is published biannually. It not only entertains pieces that are exclusively on law and policy, but also pieces that are interdisciplinary in nature. The aim is to not only provide a platform for discussing and analyzing Pakistan and global matters but also to promote quality research in Pakistani legal academia.</p> en-US <p><em>LPR </em>follow an open-access publishing policy and full text of all published articles is available free, immediately upon publication of an issue. The journal’s contents are published and distributed under the terms of the <a href="https://creativecommons.org/licenses/by/4.0/">Creative Commons Attribution 4.0 International</a> (<a href="https://creativecommons.org/licenses/by/4.0/">CC-BY 4.0</a>) license. Thus, the work submitted to the journal implies that it is original, unpublished work of the authors (neither published previously nor accepted/under consideration for publication elsewhere). On acceptance of a manuscript for publication, a corresponding author on the behalf of all co-authors of the manuscript will sign and submit a completed&nbsp;the <a href="https://ojs.umt.edu.pk/index.php/jqm/libraryFiles/downloadPublic/44" target="_blank" rel="noopener">Copyright and Author Consent Form.</a></p> [email protected] (Dr Kashif Imran Zadi, Khushbakht Qaiser) [email protected] (Assistant Editor) Fri, 14 Mar 2025 00:00:00 +0000 OJS 3.1.2.1 http://blogs.law.harvard.edu/tech/rss 60 An Analytical Study of the Challenges Facing Religious Minorities: Advocating for Reforms and Empowerment https://journals.umt.edu.pk/index.php/lpr/article/view/6460 <p style="text-align: justify;">This study examines the disturbing practice of forced religious conversions and the violation of minority rights in Sindh, Pakistan, focusing on the complex interrelation between the legal frameworks, sociocultural pressures, and institutional failures. Pakistan’s Constitution (1973) guarantees religious freedom as a fundamental right, as outlined in Articles 20 (freedom to profess religion and to manage religious institutions) and 22 (safeguards to educational institutions in respect of religion). However, religious minorities, particularly young women are more vulnerable to systematic violence which limits their freedom of belief. This research adopts a multidisciplinary approach, encompassing legal analysis, empirical data and testimonies from victims to highlight the shortcomings of legislative and judicial responses.&nbsp; Through a comparative analysis of local and international human right obligations, this study aims to address the gaps in the implementation of laws protecting religious minorities in Sindh, offering recommendations to improve legal and policy interventions.</p> Arooj Aziz Malik, Muhammad Waqar Copyright (c) 2025 Arooj Aziz Malik, Muhammad Waqar https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/6460 Fri, 14 Mar 2025 04:22:30 +0000 State Immunity and its Impact on Investment Protection: Challenges and Prospects in International Investment Law https://journals.umt.edu.pk/index.php/lpr/article/view/6319 <p style="text-align: justify;">A fundamental principle in international law is state immunity or state sovereignty. When interacting with investment law, this principle presents significant challenges, especially regarding investment protection. This study focuses on balancing sovereign rights and investor protection by exploring the issues and complications related to state immunity in investment disputes concerning arbitration, for execution of arbitral awards. It is found that legal safeguards for state immunity often obstruct investors from finding remedies for breaches of investment contracts. To reconcile these issues, this study discusses modern-day techniques regarding international investment treaties, following the emerging trends in customary law. By analyzing multiple case laws, the study sheds light on the challenges investors face during the arbitration process and enforcement of arbitral awards against the host state. In search of reforms to find a balanced legal framework, the role of prominent international organizations in the arbitration system is also discussed. The findings of this study suggest that, although state sovereignty is a substantial barrier, specific provisions in agreements including a transparent arbitration process, clarity in attaching assets, continuous review of contracts and right of appeal against arbitral awards should be incorporated.</p> Muhammad Salman Shafiq Copyright (c) 2025 Muhammad Salman Shafiq https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/6319 Fri, 28 Mar 2025 07:45:06 +0000 Land Management and Housing Governance in Pakistan: Regulatory Activism as a Catalyst to Implement the Global 2030 Agenda https://journals.umt.edu.pk/index.php/lpr/article/view/6699 <p style="text-align: justify;">The doctrinal mode analytical study aimed to highlight the socioeconomic reliance of Pakistan on the housing and land development sector and the existing regulatory framework governing various forms of housing and land transactions. The study assessed the effectiveness of the housing and land management governance mechanism in Pakistan and its capability to cater to the housing needs of the population vis-à-vis its capacity. Moreover, it also aimed to address the disputes and grievances that arise thereto in a meritorious, cost-effective, accessible, and equitable manner, which are required to achieve the global Sustainable Development Goals (SDGs). The study suggested an optimum governance solution to address the causes of failure and mismanagement in housing industry and land development sector in Pakistan. This purpose was achieved by signifying a responsive regulatory mechanism to counter malpractices in land development sector. Furthermore, sustainable governance solutions were also proposed for the resolution of commercial disputes regarding land and housing development transactions through conventional and non-conventional Alternate Dispute Resolution (ADR) mechanisms. Hence, the current study suggested to provide aide in the achievement of global SDGs in order to promote an all-inclusive and sustainable infrastructure development and land utilization (SDG-09). Additionally, it also aimed to bring forth safe and sustainable urbanization (SDG-11), an all-encompassing potent, reliable, as well as accountable institutionalization to administer legal and economic justice (SDG-16).</p> Ali Hassan Copyright (c) 2025 Ali Hassan https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/6699 Mon, 05 May 2025 00:00:00 +0000 Alternative Dispute Resolution in Pakistan: An Implementation Perspective https://journals.umt.edu.pk/index.php/lpr/article/view/5876 <p style="text-align: justify;">This paper outlines the successful aspects of Alternative Dispute Resolution, the struggles it faces, and the efforts made toward its implementation. Through thematic content analysis, this study highlights the shortcomings of the judiciary system, including concerns regarding weak institutional practices and public behavior towards litigation. The research examines how the weak application process of Alternative Dispute Resolution and chronic proceedings in court cases have severely affected the justice system of Pakistan. Although some attempts have been made in favor of ADR in recent years, there is still a dire need to improve its implementation. The study also discusses local forms of ADR currently practiced in various regions of the country, particularly through which tribes and communities resolve their conflicts. Additionally, some organizations and multinational companies have successfully settled down disputes using ADR proceedings. The paper concludes with practical solutions and recommendations to enhance the use and effectiveness of ADR in the country.</p> Rameen Javed Copyright (c) 2025 Rameen Javed https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/5876 Fri, 23 May 2025 06:07:30 +0000 Methods of Judicial Appointments in Different Jurisdictions: Lessons for Pakistan https://journals.umt.edu.pk/index.php/lpr/article/view/5926 <p style="text-align: justify;">This paper examines the contemporary mechanism of judicial appointments in Pakistan, focusing on the artificial seniority-versus-merit binary and the power of the Chief Justice of Pakistan (CJP) to appoint judges. It discusses various models of judicial appointments, including single-body mechanisms, representative appointments, professional appointments, cooperative appointments, judicial elections, commission or council appointments, and blended methods. While the commission or council mode proved successful in South Africa during its transition from white-minority rule to a constitutional democracy, it has not been yielded similar results in Pakistan. The Judicial Commission of Pakistan (JCP) has faced criticism for its lack of transparency, manipulation of meetings, pre-pondering role of the chairman, court packing, and a borrowed bureaucrat as secretary of the commission. Drawing on lessons from South African experience, the paper recommends reforms to transform the judicial appointments process in Pakistan.</p> Yasir Rashid Khan, Naeem Ullah Khan Copyright (c) 2025 Yasir Rashid Khan, Naeem Ullah Khan https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/5926 Fri, 23 May 2025 00:00:00 +0000 Lessons for Sri Lanka: Insights from Pakistan’s Anti-Human Smuggling Law https://journals.umt.edu.pk/index.php/lpr/article/view/6975 <p style="text-align: justify;">Human Smuggling is a global transnational crime often perpetrated by organized criminal networks. Both Pakistan and Sri Lanka are parties to the United Nations Convention against Transnational Organized Crime (UNCTOC). However, neither country has ratified the Protocol against the Smuggling of Migrants by Land, Sea and Air, which supplements the Convention (Human Smuggling Protocol). Despite not being a party to the Human Smuggling Protocol, Pakistan introduced a specific legislation, the <em>Prevention of Human Smuggling Act 2018,</em> in alignment with the Human Smuggling Protocol’s objectives to combat human smuggling. In contrast, Sri Lanka lacks dedicated legislation on human smuggling and continues to address the issue under the <em>Immigrants and Emigrants Act, 1948</em>. The absence of specialized legislation in Sri Lanka undermines global efforts to combat human smuggling, limits protections for vulnerable migrants, and hampers effective law enforcement and prosecution of smugglers. Against this backdrop, this paper critically examines the strengths and weaknesses of Pakistan’s <em>Prevention of Human Smuggling Act</em>, with the aim of proposing a model law for Sri Lanka. Given that both countries are major source countries for human smuggling and face similar push factors such as poverty and unemployment, Pakistan’s legislative approach-being closely aligned with the UN Smuggling Protocol—offers valuable lessons. Using a doctrinal methodology, the paper analyzes key legal instruments, including UNCTOC, the Human Smuggling Protocol, Pakistan’s <em>Prevention of Human Smuggling Act</em>, and Sri Lanka’s <em>Immigrants and Emigrants Act</em>. The findings reveal that, while Pakistan’s law broadly aligns with international standards, its implementation faces numerous challenges, resulting in a low conviction rate. In Sri Lanka, the current legal framework does not explicitly address human smuggling, instead focusing on general immigration control. Therefore, the study recommends that Sri Lanka adopt legislation similar to Pakistan’s, with enhanced provisions that ensure the rights of smuggled migrants in accordance with international standards.</p> Yasodara Kathirgamathamby Copyright (c) 2025 Yasodara Kathirgamathamby https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/6975 Tue, 10 Jun 2025 00:00:00 +0000 Jurisprudence on Death Penalty: A Case Study of Justice Asif Saeed Khan Khosa’s Judgments https://journals.umt.edu.pk/index.php/lpr/article/view/6080 <p style="text-align: justify;">The death penalty remains a contentious issue within the legal framework of many countries, including Pakistan. This paper aims to study the jurisprudence on the death penalty in Pakistan, focusing on the case study of Asif Saeed Khosa’s judgments. The primary objective is to explore whether the frequency of death penalty can be reduced through judgments/judicial pronouncements. The answer is affirmative as 5.56% of the cases, in which death penalty was ultimately upheld; developing criminal jurisprudence aligns with international human rights law reducing death penalty in practice. Thus, the paper seeks to advance legal scholarship on the death penalty by conducting a thorough review of the relevant case laws, legal literature and especially the rulings of Justice Asif Saeed Khosa.</p> Zia ullah Copyright (c) 2025 Zia ullah https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/6080 Fri, 13 Jun 2025 00:00:00 +0000 Leveraging Artificial Intelligence in Cross-Cultural Mediation: Enhancing Neutrality and Efficiency in Dispute Resolution https://journals.umt.edu.pk/index.php/lpr/article/view/6625 <p style="text-align: justify;">International and bilateral relations are often challenged by cultural clashes that hinder communication and compromise the ADR and other legal frameworks. Such culture-related issues may result in suspicion, lack of faith, or rigid attitudes which makes mediation exceedingly difficult. Cross-cultural mediation, defined as dispute resolution that accounts for and integrates relevant cultural differences, has become increasingly important in those cases. While trained mediators are essential in navigating such issues, the additional use of Artificial Intelligence (AI) within Alternative Dispute Resolution (ADR) systems raises new levels of neutrality and efficiency. This research analyzes the impact of AI language models on cultural mediation, focusing on the mitigation of cultural biases, enhanced dispute communication, and advanced automated data dispute analysis. The study evaluates available global approaches and relevant legal documents aiming to demonstrate advantages and restrictions regarding the employment of AI in multi-faceted dispute resolution. The research also addresses an emerging gap in the literature, where the relationship between AI, culture, and ADR have received insufficient academic attention. Ultimately, this paper argues for a balanced approach: one that leverages AI as a support mechanism rather than a substitute for human judgment, while also advocating for modernized legal frameworks to ensure ethical, transparent, and culturally sensitive deployment of AI in mediation and conciliation.</p> Syed Shaharyar Ahmed, Mian Johar Imam, Muhammad Sheharyar Iftikhar Copyright (c) 2025 Syed Shaharyar Ahmed, Mian Johar Imam, Muhammad Sheharyar Iftikhar https://creativecommons.org/licenses/by/4.0 https://journals.umt.edu.pk/index.php/lpr/article/view/6625 Fri, 27 Jun 2025 00:00:00 +0000