Kashmir: a litmus test for international lawon September 21, 2019The Universal Declaration of Human Rights expresses in clear terms that "Whereas it is essential if a man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law."In other words, international law as the guarantor of peace, human rights and democracy warrants that all people have the right … [Read more...] about Kashmir: a litmus test for international law
The implications of Article 149on September 16, 2019The invocation of Article 149(4) could do wonders for Karachi.Ever since Federal Minister for Law Faroogh Nasim made remarks over the invocation of Article 149(4) of the Constitution of Pakistan, many sides have come out to support or reject the suggestion. One of the broadly drawn lines for such support or rejection has been based on ethnic consciousness. While some quarters appreciated the … [Read more...] about The implications of Article 149
Ambushing Judiciary’s Independenceon September 2, 2019Fundamental human rights defend every person in a cause affecting them to be heard by an independent, neutral and unbiased judge. The International Covenant on Civil and Political Rights codified this right under international law. The constitutions of the numerous countries, including the Constitution of the Islamic Republic of Pakistan guarantee the right to an impartial judge. It is a right so … [Read more...] about Ambushing Judiciary’s Independence
Playing with the Constitutionon August 28, 2019A constitution can be malleable or rigid; in other words, its provisions can either be directory or mandatory in nature. A directory provision is a constitutional instruction that is desirable but not absolutely necessary. The recent flooding of Karachi and the excuses by the PTI, the political party that holds Islamabad's reins, in relation to the flooding situation are helpful in understanding … [Read more...] about Playing with the Constitution
ReqoDiq Case II: Defending the Supreme Courton July 29, 2019A number of politicians and lawyers have been criticising the Supreme Court and a former Chief Justice due to the ReqoDiq case and the imposition of a $4.08 billion penalty and $1.87 billion in interest against Pakistan by an ICSID tribunal. It is astounding that the Supreme Court judgment is being criticised due to an unfair award by the ICSID tribunal against Pakistan when, in fact, that … [Read more...] about ReqoDiq Case II: Defending the Supreme Court
Reko Diq Case I: an indictment against ICSIDon July 24, 2019Investor-state disputes typically arise out of the complaints from a foreign business entity.There are two kinds of investment disputes under international law: state-state and investor-state. A large portion of state-state disputes is handled by the World Trade Organization. Whatever the merits of the World Trade Organization, it was humiliated after the Trump regime unitarily imposed tariffs … [Read more...] about Reko Diq Case I: an indictment against ICSID
Paralyzing parliamenton July 12, 2019National Assembly Speaker has no powers to conduct or supervise the meetings of the standing committees.Under Article 66 of the Constitution of the Islamic Republic of Pakistan, privileges of the members of the parliament are laid down. The article clearly states that there shall be freedom of speech in the parliament, and no member shall be liable to any proceedings in any court in respect of … [Read more...] about Paralyzing parliament
History seen repeating itself in Faez Isa caseon June 13, 2019In the Mir Hassan case of 1969, some defendants stood trial before a martial law-created special judge in Rawalpindi. The defendants in the case filed an acquittal application on legal grounds before the West Pakistan High Court alleging that proceedings against them were politically motivated, and they did not engage in conduct that could result in conviction for the offence. Those applications … [Read more...] about History seen repeating itself in Faez Isa case
Game of exportson June 3, 2019Pakistan's exports to China stand at $1.7 billion and imports at $15 billion. The gap between these exports and imports has decreased in the last few months, but understandably, the import-export gap is still gargantuan.US imports from China amount to $540 billion, while Chinese imports from the US amount to $120 billion. The import-export gap for Pakistan to China is double the US-China gap. … [Read more...] about Game of exports
Choosing the chairmanon May 22, 2019Ruling on a petitoin against the appointment of Ali Arshad Hakeem as chairman of the Federal Board of Revenue in 2013, the Islamabad High Court held it illegal and ordered the government to appoint a more suitable person in his place. The petitioner, Ashfaq Ahmed, was a grade 19 officer of the Board. The court noted that the appointment had been made without a competitive process. This was … [Read more...] about Choosing the chairman