Law and Policy Review

An Analytical Study of the Challenges Facing Religious Minorities: Advocating for Reforms and Empowerment

Arooj Aziz Malik, Muhammad Waqar — Fri, 14 Mar 2025 04:22:30 +0000

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. 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.

State Immunity and its Impact on Investment Protection: Challenges and Prospects in International Investment Law

Muhammad Salman Shafiq — Fri, 28 Mar 2025 07:45:06 +0000

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.

Land Management and Housing Governance in Pakistan: Regulatory Activism as a Catalyst to Implement the Global 2030 Agenda

Ali Hassan — Mon, 05 May 2025 00:00:00 +0000

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).

Alternative Dispute Resolution in Pakistan: An Implementation Perspective

Rameen Javed — Fri, 23 May 2025 06:07:30 +0000

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.

Methods of Judicial Appointments in Different Jurisdictions: Lessons for Pakistan

Yasir Rashid Khan, Naeem Ullah Khan — Fri, 23 May 2025 00:00:00 +0000

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.

Lessons for Sri Lanka: Insights from Pakistan’s Anti-Human Smuggling Law

Yasodara Kathirgamathamby — Tue, 10 Jun 2025 00:00:00 +0000

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 Prevention of Human Smuggling Act 2018, 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 Immigrants and Emigrants Act, 1948. 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 Prevention of Human Smuggling Act, 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 Prevention of Human Smuggling Act, and Sri Lanka’s Immigrants and Emigrants Act. 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.

Jurisprudence on Death Penalty: A Case Study of Justice Asif Saeed Khan Khosa’s Judgments

Zia ullah — Fri, 13 Jun 2025 00:00:00 +0000

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.

Leveraging Artificial Intelligence in Cross-Cultural Mediation: Enhancing Neutrality and Efficiency in Dispute Resolution

Syed Shaharyar Ahmed, Mian Johar Imam, Muhammad Sheharyar Iftikhar — Fri, 27 Jun 2025 00:00:00 +0000

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.

Delegated Legislation in the Light of Taxation Laws: A Case Study of Pakistan

Ahtesham Dhariwal, Naveed Mushtaq Gondal, Muhammad Umar Zahid, Madeeha Arshad — Fri, 27 Jun 2025 00:00:00 +0000

When legislative authority is granted to bodies other than the legislature, the legislation created by these bodies is referred to as delegated legislation (Singh, 2023). Legislation is the primary job of the people's representatives, called legislature. The need for delegated legislation in taxation laws arises due to evolving social norms and advancements in technology, such as the introduction of online filing of tax returns. These rapid changes have overburdened the legislatures and also exposed the lack of technical knowledge, prompting the transfer of legislative powers to the sub-ordinate departments of the government. This study employs an exploratory research methodology to investigate the concept and role of delegated legislation in the area of taxation laws in Pakistan. The area is explored based on the relevant laws, court decisions, and published articles. The role of delegated legislation in the context of taxation laws, misuse of authority, and discretionary powers exercised by the authorities is probed. The findings demonstrate that the provision for delegated legislation in the 1973 Constitution of the Islamic Republic of Pakistan was included with a specific purpose and is subject to certain restrictions. Under the taxation laws of Pakistan, the powers can be delegated to subordinates to achieve certain goals. The lawmakers establish the structure, and authorize the executives to make their own rules for smooth functioning, provided they remain within the boundaries defined by the legislature. Through delegation of powers, the function can only be performed by the officer of a certain rank. It is pertinent to mention that the authority to delegate powers can never be further delegated to any person.