{"title":"Measuring the Protection of Cultural Property Under International Humanitarian Laws: Analysis of Russia-Ukraine Conflict","authors":"Ayesha Jawad, M. Bokhari","doi":"10.52279/jlss.04.03.469480","DOIUrl":"https://doi.org/10.52279/jlss.04.03.469480","url":null,"abstract":"The debate on the topic of rules regarding the cultural property’s protection under International Humanitarian Law has renewed its significance in modern day armed conflicts. Since the latest technological and other advancements in the field of warfare the complexities regarding application of laws in warzone has also increased. Specifically, protection of cultural property during an armed conflict has posed serious challenges to both International Humanitarian Laws and International Criminal laws. Undoubtedly, United Nations does provide a multilayered model for protecting the property holding cultural value for states, however, the gaps in implementation makes it challenging for the parties to comply fully. This article undertakes an analysis of laws related to cultural property focusing principally on IHL particularly with the reference of current conflict between Ukraine and Russia. Furthermore, it provides certain recommendations that may be adopted to protect property holding cultural importance and value while addressing the present gaps.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124115953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Supremacy of Parliament Undermined by Irregular Promulgation of Ordinances (A Case Study with Reference to Pakistan)","authors":"A. Usman, Amjad M. Hussain, Ms. Farah Amir","doi":"10.52279/jlss.04.03.393408","DOIUrl":"https://doi.org/10.52279/jlss.04.03.393408","url":null,"abstract":"Pakistan claims to have parliamentary system of government under the Constitution of Pakistan 1973. First constituent assembly introduced a marvelous accumulation of supremacy of Islamic principles within the Constitutional framework based on ideology of liberation movement. The principles of this ideology have been given an overwhelming space in the preamble of Constitution. This claim boosted expectations of the nation to work out a political heritage of faith blended with proceeds of modern popular democratic culture. The governing system of State which had to strictly follow the Constitutional ideals seems to have misplaced its direction. It is in similarity of the colonial system against people struggled for their independence. Several reasons of failure have been alleged but the real cause is having no adherence for principles which the constituent assembly framed for the State Constitution. Resultantly, Constitutions of State (for no reason) were abrogated and held in abeyance twice under the executive decree. Dictatorial regimes promulgated series of irregular Ordinances and Provisional (un)Constitutional Orders. People and institutions needlessly were blamed for failure. State system took refuge in promulgation of Ordinances and autocratic Constitutional orders. Most of the Ordinances were used to implement arbitrary administrative actions and were given the colour of royal decree. Several Ordinances are being enforced regardless of their theoretical characteristics. This is reducing the parliamentary legislation inflicting serious blow to the grooming structure of State. The constitutionality of these Ordinances is still in question in superior courts. This study intends to determine the consequences of such extra-constitutional practices and the dimensions of loss to political system of State. The doctrinal method of research was adopted to conduct the study.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127907692","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protection of Human Rights in Post Conflict Situations: Application of the Theory of Transitional Justice","authors":"S. Rahman","doi":"10.52279/jlss.04.03.441448","DOIUrl":"https://doi.org/10.52279/jlss.04.03.441448","url":null,"abstract":"No doubt, the 9/11 attacks on the Twin Towers and Pentagon of the United States in 2001 have drastically changed the entire world including Pakistan. George Bush, the then US President, in a dramatic way declared war on Al-Qaida and its associates by attacking Afghanistan to avenge the attacks justifying these to be in self-defense under the garb of War on Terror. Pakistan was coerced to be initially an ally to the war but later emerged as a frontline state in the fight against terrorism. The country has been badly hit since then sacrificing more than sixty thousand human lives including a former prime minister. Amongst other parts, the provinces of Khyber Pakhtunkhwa and Baluchistan have sustained almost irreparable loss as a result. Thousands of innocent citizens have not only suffered at the hands of various terrorist groups but also due to repressive measures taken by law enforcement agencies in the country. This paper intends to deploy theory of Transitional Justice to critique security laws, policies and rules of the country that resulted in the violations of human rights in the two provinces particularly at the hands of the security agencies combating terrorism. Theory of Past Injustices is used to restore or repair the human rights violations since the inception of War on Terror. To conclude, innocent citizens in the two provinces have suffered a lot in the War on Terror. Effective laws, policies and mechanisms are required to be put in place to remedy for the human rights violations in the country particularly the two provinces.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128967455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reorganizing Punjab on Administrative Lines: Potentials and Challenges","authors":"N. Akhtar","doi":"10.52279/jlss.04.03.373382","DOIUrl":"https://doi.org/10.52279/jlss.04.03.373382","url":null,"abstract":"Pakistan is a federal state, but it has not developed the factual strength of federalism as it is observed in the developed federal states. Pakistan is a polarized state its society is divided ethnically-Punjabi, Sindhi, Balochi and Pashtuns. All communities have been raising their voices for the distribution of fair resources. Pakistan, as a federal state, has not been able to provide equal economic dividends to its people neither ensured good governance owning to overpopulated provinces that have poor infrastructure and dominated by the feudal mindset. Provincial governments also have been inefficient in curbing the social and economic disparity–South Punjab reflects a picture of bad governance. South Punjab contributes economically, politically and to uplift the whole Pakistan, but the South Punjab remains ignored by the top political and bureaucratic establishment which is increasing the sense of exploitation among the people of Southern Punjab. The new province should be created to provide the administrative balance between the new and old Punjab which is lacking for decades. This administrative balance would [then] change the fate of the neglected region and its people.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115183549","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"An Analysis of Socio-Economic and Health Issues of Aged Construction Workers as Perceived by them","authors":"Altaf Ghani Bhatti, Hassam Ahmad Hashmi, T. Tahir","doi":"10.52279/jlss.04.03.481491","DOIUrl":"https://doi.org/10.52279/jlss.04.03.481491","url":null,"abstract":"This qualitative ethnographic study attempts to seek deep insides into the older construction Workers’ perceptions of problems generate due to construction work. This study involves 23 aged construction laborers from south Punjab. The data were generated through detailed face to face interviews with the participants. This study employs thematic analysis to draw insights from the gained perceptions through interviews. The four themes that emerged from the thematic analysis are: degradation of health due to construction work; laborers’ dissatisfaction with construction work; inconsistency of livelihood in construction work; and restricted socially active life due to construction work. This study recommends that future research should be focused on the comparative analysis of charter international labor rights and the organizational rules under which the construction labor works","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122460260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Gender Disparity in Judicial System of Pakistan: Attitude and Practices of Lawyers","authors":"Muhammad Imran","doi":"10.52279/jlss.04.03.458468","DOIUrl":"https://doi.org/10.52279/jlss.04.03.458468","url":null,"abstract":"Gender discrimination is prevailing in the legal profession all over the globe. The aim of the present study is to evaluate the attitude and practices of lawyers towards gender disparity and the factors responsible for this menace in the judicial system of Pakistan. A questionnaire-based survey was conducted. A five-point Likert scale was employed for measuring the response of each participant. The SPSS (version 21) and the Microsoft office (version 2013) were utilized for data analysis. Descriptive statistics like mean, median, and percentages along with regression analysis were used to present the data. Many participants agreed with the statement “The greatest significant issue affecting woman is considered to be sexual harassment” (84.2%). Most of the participants remained neutral in response to the statement “I value every one of my coworkers, acquaintances, professors, and family members at same amount, nevertheless of their sex specification or appearance” (84.2%). Factors like male gender, having 30-40 years of age, and practicing in civil and high courts for 5 years in the field of criminal law are associated with gender discrimination in the legal profession. The participants showed neutral attitudes and practices towards gender discrimination.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127062408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Revisiting the Online Learning Concerns during COVID-19: A Systematic Review","authors":"Farah Irshad, Muhammad Hashaam Ali Khakwani","doi":"10.52279/jlss.04.03.419428","DOIUrl":"https://doi.org/10.52279/jlss.04.03.419428","url":null,"abstract":"The COVID-19 pandemic forcefully shifted the world into a virtual society; consequently, all the brick-mortar businesses moved toward click-mortar businesses. Considerable research has been done to improve the e-learning mode of education before the vigorous situation of COVID-19, which affected the whole world. The current review paper aims to conduct a study on e-learning in COVID-19, published from March 2020 till 2022. This paper analyzed 38 articles concerning the different modes of e-learning, synchronous, asynchronous, and blended e-learning. The digital divide and lack of ICT skills are the main hindrances in successful this virtual process. The current study revealed that these two modes of e-learning are not purely practical if used individually. In contrast, the combination of these two modes is beyond effective and raises students' satisfaction. There is a crucial need to establish a valid infrastructure to promote online learning on a routine basis so that education institutes can immediately switch from brick-mortar to click-mortar learning systems.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128337417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Role of Wali in Contract Marriage of Islam: A Critical Analysis","authors":"Waqas Ahmad, Khurram Baig, Dr. Shaukat Hussain","doi":"10.52279/jlss.04.03.409418","DOIUrl":"https://doi.org/10.52279/jlss.04.03.409418","url":null,"abstract":"Every woman has a constitutional right to get married with her own free will. Islam gives a right to a sui juris girl to marry any person without the consent of wali. A woman who did not attain the age of puberty could not sign a marriage contract without permission of her wali. This study focuses on marriage as a one-of-a-kind contract, as well as the opinion of numerous judges expressed through decisions about the role of wali in contract marriages. It also considers the position, role, and importance of consent in a marriage contract, as well as the choice of law regulations that govern such marriages and discusses the impact of wali consent in a marriage contract in Pakistan’s legal system. On the other hand, this research also focuses on the criticism of the Hafiz Abdul Waheed vs. Asma Jahangir case about whether the permission of wali is necessary for a contract marriage. The article concludes by discussing how the consent of wali is not essential for the contract of marriage for a sui juris female. Every female has a divine and legal right to marry anyone or to choose his life partner without consent of his/her wali.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115864656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Corporate Governance Codes in Pakistan: A Review","authors":"Tayyaba Asghar, Professor Tom Mortimer, M. Bilal","doi":"10.52279/jlss.04.03.383392","DOIUrl":"https://doi.org/10.52279/jlss.04.03.383392","url":null,"abstract":"This article examines the current corporate governance laws and rules in Pakistan. Strong corporate governance is crucial for market stability and investor confidence in any nation, developed or underdeveloped. In Pakistan, a Corporate Governance Code was first established in 2002. Later updates occurred in 2012, 2017 and finally in 2019. Although corporate governance practices and concepts are well established across most of the world, Pakistan's corporate governance literature is still limited, and the current rule, as it was enacted in September 2019, hasn't received any commentary or analysis. This research aims to bridge this gap by revealing the evolution of Pakistan’s corporate governance and contributing to the continuing discussion on the effect of the fresh legislation using a comparative methodology and a documentary analysis of the changes.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133692737","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Who can Practice Islamic Entrepreneurship: A Review of Recent Literature on Personality Traits","authors":"Asif Yaseen, Gohar Mahmood, Khawar Naheed","doi":"10.52279/jlss.04.03.429440","DOIUrl":"https://doi.org/10.52279/jlss.04.03.429440","url":null,"abstract":"Does personality matter when entrepreneurship endeavors are driven by Islamic values and religious practices? To understand this, the study reviewed the research on the relationship between personality and practicing Islamic Entrepreneurship. More specifically, the study proposed a conceptual model after reviewing the literature to show what personality traits and characteristics become important when Islamic religious values and practices guide entrepreneurial activities, therefore, appear as critical contextual factors. The study identified traits and characteristics such as initiative, excellence, honesty, patience, knowledge, ethics, social responsibility, and customer orientation having a robust relationship with the manifestation of opportunity exploration and opportunity exploitation when individuals adhere to Islamic values system during the business venturing. Though, personality research in the field of Entrepreneurship is criticized, however, religion as a contextual variable shapes personality towards the way how Entrepreneurship is practiced. The study is concluded with the limitation and future lines of inquiry.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121842338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}