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Measuring the Protection of Cultural Property Under International Humanitarian Laws: Analysis of Russia-Ukraine Conflict 国际人道法下文化财产保护的衡量——以俄乌冲突为例
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.469480
Ayesha Jawad, M. Bokhari
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.
关于根据国际人道主义法保护文化财产的规则这一专题的辩论在现代武装冲突中再次具有重要意义。由于战争领域的最新技术和其他进步,在战区适用法律的复杂性也有所增加。具体而言,在武装冲突期间保护文化财产对国际人道主义法和国际刑法都提出了严重挑战。毫无疑问,联合国确实为各国提供了一种多层次的文化财产保护模式,然而,由于执行上的差距,使各方难以完全遵守这一模式。本文对与文化财产相关的法律进行了分析,主要侧重于国际人道法,特别是参考当前乌克兰与俄罗斯之间的冲突。此外,它还提出了一些可以采纳的建议,以保护具有文化重要性和价值的财产,同时解决目前的差距。
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引用次数: 0
Supremacy of Parliament Undermined by Irregular Promulgation of Ordinances (A Case Study with Reference to Pakistan) 不规范颁布法令损害议会至高无上地位(以巴基斯坦为例)
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.393408
A. Usman, Amjad M. Hussain, Ms. Farah Amir
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.
巴基斯坦声称根据1973年巴基斯坦宪法实行议会制政府。第一次制宪会议在基于解放运动意识形态的宪法框架内引入了伊斯兰原则至高无上的惊人积累。这一意识形态的原则在《宪法》的序言中占据了压倒性的篇幅。这一主张提高了人们对这个国家建立一种融合了现代大众民主文化成果的信仰政治遗产的期望。必须严格遵循宪法理想的国家管理制度似乎迷失了方向。这与殖民制度对争取独立的人民的打击是相似的。有人提出了失败的几个原因,但真正的原因是没有遵守制宪会议为国家宪法制定的原则。结果,《国家宪法》在行政命令下被(无缘无故地)废除和搁置了两次。独裁政权颁布了一系列不正规的条例和临时(非)宪制命令。人们和机构被不必要地归咎于失败。国家制度在颁布法令和专制的宪法命令中得到庇护。大多数法令被用来实施任意的行政行为,并被赋予皇家法令的色彩。有几项条例不论其理论特点如何都在执行。这正在减少议会立法,对国家的培训结构造成严重打击。这些条例是否合宪性仍在高等法院受到质疑。这项研究的目的是确定这种违反宪法的做法的后果以及对国家政治制度造成损失的各个方面。采用理论研究方法进行研究。
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引用次数: 0
Protection of Human Rights in Post Conflict Situations: Application of the Theory of Transitional Justice 冲突后局势下的人权保护:过渡司法理论的应用
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.441448
S. Rahman
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.
毫无疑问,2001年发生在美国双子塔和五角大楼的9/11恐怖袭击事件彻底改变了包括巴基斯坦在内的整个世界。当时的美国总统乔治·布什以一种戏剧性的方式向基地组织及其同伙宣战,通过攻击阿富汗来报复袭击,证明这些袭击是在反恐战争的外衣下进行的自卫。巴基斯坦最初被迫成为战争的盟友,但后来成为反恐斗争的前线国家。除其他地区外,开伯尔-普赫图赫瓦省和俾路支省因此遭受了几乎无法弥补的损失。成千上万的无辜公民不仅在各种恐怖主义集团手中遭受苦难,而且还因该国执法机构采取的镇压措施而遭受苦难。本文打算运用过渡时期司法理论来批评该国的安全法律、政策和规则,这些法律、政策和规则导致了这两个省特别是在打击恐怖主义的安全机构手中侵犯人权。过去的不公正理论是用来恢复或修复自反恐战争开始以来侵犯人权的行为。综上所述,这两个省的无辜市民在反恐战争中遭受了很多苦难。必须制定有效的法律、政策和机制,以补救该国特别是这两个省的侵犯人权行为。
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引用次数: 0
Reorganizing Punjab on Administrative Lines: Potentials and Challenges 旁遮普行政路线重组:潜力与挑战
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.373382
N. Akhtar
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.
巴基斯坦是一个联邦制国家,但它并没有像发达的联邦制国家那样发展出联邦制的实际力量。巴基斯坦是一个两极分化的国家,它的社会分为旁遮普人、信德人、俾路支人和普什图人。所有社区都在为公平分配资源而大声疾呼。巴基斯坦作为一个联邦制国家,既无法为其人民提供平等的经济红利,也无法确保良好的治理,因为人口过多的省份基础设施落后,而且被封建思想所主导。省级政府在遏制社会和经济差距方面也效率低下——南旁遮普省反映了政府管理不善的情况。南旁遮普在经济、政治和提升整个巴基斯坦方面都做出了贡献,但南旁遮普仍然被高层政治和官僚机构所忽视,这加剧了南旁遮普人民的被剥削感。新省的建立应该在新旧旁遮普之间提供几十年来缺乏的行政平衡。这种行政平衡将改变这个被忽视地区及其人民的命运。
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引用次数: 0
An Analysis of Socio-Economic and Health Issues of Aged Construction Workers as Perceived by them 老年建筑工人的社会经济与健康问题分析
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.481491
Altaf Ghani Bhatti, Hassam Ahmad Hashmi, T. Tahir
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
这项定性的民族志研究试图深入了解老年建筑工人对建筑工作产生的问题的看法。本研究以23名来自南旁遮普的建筑工人为研究对象。这些数据是通过与参与者进行详细的面对面访谈产生的。本研究采用专题分析,从访谈中获得的认知中获得见解。从专题分析中得出的四个主题是:建筑工作造成的健康退化;劳动者对建筑工作的不满;建筑工作生计不一致;并且由于建筑工作而限制了社会活动。本研究建议未来的研究应著重于宪章国际劳工权利与建筑劳工运作的组织规则的比较分析
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引用次数: 0
Gender Disparity in Judicial System of Pakistan: Attitude and Practices of Lawyers 巴基斯坦司法制度中的性别差异:律师的态度与实践
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.458468
Muhammad Imran
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.
性别歧视在全球法律行业普遍存在。本研究的目的是评价律师对性别不平等的态度和做法,以及巴基斯坦司法系统中造成这种威胁的因素。进行了问卷调查。采用李克特五点量表来测量每位参与者的反应。使用SPSS (version 21)和Microsoft office (version 2013)进行数据分析。描述性统计,如平均值、中位数和百分比,以及回归分析被用于呈现数据。多数受访者认同“对女性影响最大的重大问题是性骚扰”(84.2%)。对于“不管同事、熟人、教授、家人的性别或外貌如何,我对他们的评价都是一样的”这一问题,大多数参与者(84.2%)保持中立。男性、年龄在30-40岁之间、在民事和高等法院在刑法领域执业5年等因素与法律职业中的性别歧视有关。与会者对性别歧视的态度和做法都是中立的。
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引用次数: 0
Revisiting the Online Learning Concerns during COVID-19: A Systematic Review 重新审视COVID-19期间的在线学习问题:系统回顾
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.419428
Farah Irshad, Muhammad Hashaam Ali Khakwani
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.
2019冠状病毒病大流行迫使世界进入虚拟社会;因此,所有的实体企业都转向了点击实体业务。在新冠肺炎疫情肆虐全球之前,人们对如何改进教育电子学习模式进行了大量研究。目前的综述论文旨在对2019冠状病毒病的电子学习进行研究,发表时间为2020年3月至2022年。本文分析了38篇关于同步、异步和混合电子学习模式的文章。数字鸿沟和信息通信技术技能的缺乏是这一虚拟进程取得成功的主要障碍。目前的研究表明,如果单独使用,这两种电子学习模式并不完全实用。相比之下,这两种模式的结合是非常有效的,提高了学生的满意度。迫切需要建立一个有效的基础设施,以促进在线学习的日常发展,以便教育机构能够立即从实体学习系统转向点击学习系统。
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引用次数: 0
Role of Wali in Contract Marriage of Islam: A Critical Analysis 瓦里在伊斯兰契约婚姻中的作用:批判性分析
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.409418
Waqas Ahmad, Khurram Baig, Dr. Shaukat Hussain
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.
每个女人都有宪法赋予的自由结婚的权利。伊斯兰教赋予法定女孩在没有瓦里同意的情况下与任何人结婚的权利。未到青春期的妇女未经瓦里的同意不能签订婚约。本研究的重点是婚姻作为一种独一无二的契约,以及众多法官通过判决表达的关于wali在契约婚姻中的作用的意见。它还考虑了同意在婚姻合同中的地位、作用和重要性,以及管理这种婚姻的法律法规的选择,并讨论了wali同意在巴基斯坦法律体系中的婚姻合同的影响。另一方面,本研究也聚焦于哈菲兹·阿卜杜勒·瓦希德与阿斯玛·贾汉吉尔一案中关于契约婚姻是否需要瓦里的许可的批评。最后,本文讨论了对于一个法律上独立的女性来说,wali的同意在婚姻契约中是不必要的。每个女性都有神圣和合法的权利与任何人结婚或选择自己的生活伴侣,而不需要他/她的瓦利的同意。
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引用次数: 0
Corporate Governance Codes in Pakistan: A Review 巴基斯坦公司治理规范:回顾
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.383392
Tayyaba Asghar, Professor Tom Mortimer, M. Bilal
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.
本文考察了巴基斯坦现行的公司治理法律法规。在任何国家,无论是发达国家还是不发达国家,强有力的公司治理对市场稳定和投资者信心至关重要。巴基斯坦于2002年首次制定了《公司治理守则》。后来的更新分别发生在2012年、2017年,最后是2019年。尽管公司治理实践和概念在世界大部分地区都已经建立起来,但巴基斯坦的公司治理文献仍然有限,目前的规则于2019年9月颁布,尚未收到任何评论或分析。本研究旨在通过揭示巴基斯坦公司治理的演变,并利用比较方法和对变化的文献分析,为继续讨论新立法的影响做出贡献,从而弥合这一差距。
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引用次数: 1
Who can Practice Islamic Entrepreneurship: A Review of Recent Literature on Personality Traits 谁能实践伊斯兰企业家精神:关于人格特质的最新文献综述
Pub Date : 2022-09-30 DOI: 10.52279/jlss.04.03.429440
Asif Yaseen, Gohar Mahmood, Khawar Naheed
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.
当创业努力受到伊斯兰价值观和宗教习俗的驱动时,个性是否重要?为了理解这一点,本研究回顾了人格与实践伊斯兰创业之间关系的研究。更具体地说,在回顾文献后,该研究提出了一个概念模型,以显示当伊斯兰宗教价值观和实践指导创业活动时,哪些人格特征和特征变得重要,因此,作为关键的背景因素出现。研究发现,当个人在商业冒险中坚持伊斯兰价值观体系时,主动性、卓越、诚实、耐心、知识、道德、社会责任和以客户为导向等特征与机会探索和机会利用的表现有着密切的关系。尽管创业领域的人格研究受到了批评,但是,宗教作为一个背景变量塑造了创业实践方式的人格。最后总结了研究的局限性和未来的研究方向。
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引用次数: 0
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Journal of Law & Social Studies
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