scholarly journals Anti Terrorism Legal Framework in Pakistan and Challenges before the Criminal Justice System

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Dr. Muhammad Imran , Dr. Rao Qasim Idrees

Terrorism is a global problem and it is becoming more complicated over the years. Most countries including Pakistan are adopting new measures to combat terrorism. However, the existing legal regime in Pakistan has several weaknesses and the government faces new challenges in fighting terrorism. This paper examines the anti-terrorism legislation of Pakistan by arguing that it has become unsuccessful to curb the threat of terrorism by fetching the terrorists to justice. This paper also provides analysis of the development of anti-terrorism laws in Pakistan after the September 2001 terrorist attacks in the US (9/11 attacks) through a broad history of progression as per the varying nature of the hazards faced by the State. Several governments made various legal mechanisms to cope with the criminalities those could not be sought under the ordinary judicial system of the State. Being the primary anti-terrorism legislation, the Anti-Terrorism Act, 1997 is used to handle the menace of sectarian violence in the State. Due to the 9/11 attack, throughout varying character of the danger caused by the Al-Qaeda or Taliban connected local terrorist Jihadi as well as sectarian organizations, Pakistan needs to amend not just the anti-terrorism procedure, but also required to introduce new related regulations to make the law more effective to aid speedy trials of the involved terrorists. This paper reviews critically the existing anti-terrorism laws, investigation techniques and trial processes adopted in Pakistan and identifies weaknesses and challenges in ensuring the effective implementation of the laws  

Water Policy ◽  
2017 ◽  
Vol 19 (5) ◽  
pp. 837-850 ◽  
Author(s):  
William C. McIntyre ◽  
David C. Mays

Colorado manages water using an administrative structure that is unique among the United States following the doctrine of prior appropriation: Water rights are adjudicated not by the State Engineer, but by Water Courts – separate from and operating in parallel to the criminal and civil courts – established specifically for this purpose. Fundamental to this system is the notion that water rights are property, with consequent protections under the US Constitution, but with the significant constraint that changes in water rights must not injure other water rights, either more senior or more junior. Population growth and climate change will certainly trigger changes in water administration, to be guided by the recent Colorado Water Plan. To provide the foundation necessary to appreciate these changes, this paper reviews the history of Colorado water administration and summarizes the complementary roles of the Water Courts and the State Engineer. Understanding water administration in Colorado depends on a firm grasp on how these two branches of state government formulate and implement water policy.


Author(s):  
Carter Malkasian

The American War in Afghanistan is a full history of the war in Afghanistan between 2001 and 2020. It covers political, cultural, strategic, and tactical aspects of the war and details the actions and decision-making of the United States, Afghan government, and Taliban. The work follows a narrative format to go through the 2001 US invasion, the state-building of 2002–2005, the Taliban offensive of 2006, the US surge of 2009–2011, the subsequent drawdown, and the peace talks of 2019–2020. The focus is on the overarching questions of the war: Why did the United States fail? What opportunities existed to reach a better outcome? Why did the United States not withdraw from the war?


Orthodoxia ◽  
2021 ◽  
pp. 111-124
Author(s):  
F. A. Gayda

This article deals with the political situation around the elections to the State Duma of the Russian Empire in 1912 (4th convocation). The main actors of the campaign were the government, local administration, liberal opposition and the clergy of the Orthodox Russian Church. After the 1905 revolution, the “official Church” found itself in a difficult situation. In particular, anti-Church criticism intensified sharply and was expressed now quite openly, both in the press and from the rostrum of the Duma. A consequence of these circumstances was that in this Duma campaign, for the first time in the history of Russian parliamentarianism, “administrative resources” were widely used. At the same time, the authorities failed to achieve their political objectives. The Russian clergy became actively involved in the election campaign. The government sought to use the conflict between the liberal majority in the third Duma and the clerical hierarchy. Duma members launched an active criticism of the Orthodox clergy, using Grigory Rasputin as an excuse. Even staunch conservatives spoke negatively about Rasputin. According to the results of the election campaign, the opposition was even more active in using the label “Rasputinians” against the Holy Synod and the Russian episcopate. Forty-seven persons of clerical rank were elected to the House — three fewer than in the previous Duma. As a result, the assembly of the clergy elected to the Duma decided not to form its own group, but to spread out among the factions. An active campaign in Parliament and the press not only created a certain public mood, but also provoked a political split and polarization within the clergy. The clergy themselves were generally inclined to blame the state authorities for the public isolation of the Church. The Duma election of 1912 seriously affected the attitude of the opposition and the public toward the bishopric after the February revolution of 1917.


2015 ◽  
Vol 10 (1) ◽  
pp. 1-23
Author(s):  
András Koltay

The issue of the use of religious symbols by the State, the Government, the Municipalities and Courts has emerged as a practical constitutional problem during the last quarter of a century. Contradictory examples of us Supreme Court jurisprudence prove that this issue is among the constitutional ‘hard cases’. The relatively recent appearance of the problem clearly indicates the ways in which American social conditions have changed and the transformation of us society’s attitude to religion.


2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.


Author(s):  
Thomas Greven

The root causes of the ongoing crisis in Northern Mali lie in the region’s underdevelopment, exacerbated by longstanding, if recently decreasing, neglect of the central government; the complex social relationship between the largest minority, the Tuareg, and the majority population, which has worsened since a largely unresolved crisis in the 1990s; and the growing interest of a small but growing number of actors involved in the drug trade and other criminal activities in the absence of the state. Among the latter have been a growing number of Jihadists, at first mostly from Algeria, who have been taking Western citizens hostage and therefore caused the US and France to pressure the Malian government to re-establish a presence of the state in the North. The clash was all but inevitable when several thousand heavily armed Tuareg fighters came to Mali after the defeat of Gaddafi in Libya. A new element of the crisis is the growing number of jihadists among the Tuareg rebels and other Malians, but neither Tuareg irredentism nor Islamic fundamentalism has more than minority support in Mali, Northern Mali, or among the Tuareg. The coup d’état against the president, while most likely a spontaneous reaction to the inability of the government to fight the rebellion, uncovered a structural crisis of Malian democracy and society. The disintegration of Mali’s long-praised formal democratic institutions after the coup showed fundamental problems. However, political supporters of the coup who assumed that the population’s tacit support of the coup could be turned into a movement for fundamental social change, had to find that it was largely an opportunistic and diffuse expression of general discontent.


2016 ◽  
Vol 28 (1) ◽  
pp. 62
Author(s):  
Wildan Sena Utama

This book investigates how culture, particularly national culture, in Indonesia has been shaped by the government policies from the Dutch colonial period in 1900s to the Reformation era in 2000s. It is an attempt to show the relationship between the state and culture around the process of production, circulation, regulation and reception of cultural policy through different regimes. Although this book discusses government policy, the author has realized that the book needs to overcome contradictions and confusions of cultural discourse by incorporating people as explanatory element. Many aspect of culturality may be influenced by the state, but according to Jones, “it is a field that is not stable and easy to shift that facilitates resistance, and is able to turn against the state, market and other institutions” (p. 31). Jones employs two postcolonial cultural policy tools to review the history of cultural policy in Indonesia: authoritarian cultural policy and command culture. The first means that the state has assumption if majority of citizen do not have capability to inspirit a responsible citizenship and need a state’s direction in the choice of their culture. On the contrary, command culture shows that the cultural idea that is planned in fact always been placing the state as center in planning, creating policy and revising cultural practice.


2021 ◽  
Vol 6 (2) ◽  
Author(s):  
Ahmad Shah Azami

As part of its “War on Terror”, the United States (US) provided immense sums of money and advanced equipment to Afghan warlords in order to defeat and dismantle the Taliban and al-Qaeda in Afghanistan. Nearly two decades after the 2001 US-led intervention in Afghanistan that toppled the Taliban regime, the US continues supporting the warlords in various ways. As the intervention was also aimed at establishing a functioning state and reconstruction of the war-torn country, the US needed the support of local warlords to achieve its goals. However, over time, warlords and warlordism became a major challenge to the postTaliban state-building project and in many ways undermined the overall security and the state monopoly on violence. These warlords, who had been mostly expelled and defeated by the Taliban regime, returned under the aegis of the B52 bombers, recaptured parts of the country and reestablished their fiefdoms with US support and resources. They not only resist giving up the power and prestige they have accumulated over the past few years, but also hamper the effort to improve governance and enact necessary reforms in the country. In addition, many of them run their private militias and have been accused of serious human rights abuses as well as drug trafficking, arms smuggling, illegal mining and extortion in the areas under their control or influence. In many ways, they challenge the government authority and have become a major hurdle to the country’s emerging from lawlessness and anarchy. This paper explores the emergence and reemergence of warlords in Afghanistan as well as the evolution of chaos and anarchy in the country, especially after the US-led intervention of late 2001. It also analyzes the impact of the post-9/11 US support to Afghan warlords and its negative consequences for the overall stability and the US-led state-building process in Afghanistan.


Author(s):  
Seun Bamidele ◽  
Olusegun Oladele Idowu

Abstract The politics of land rights and low or high intensity protest in the twenty-first century has produced several land-related protesters with a variety of strategies. This study focuses on the challenges of urbanization as it affects the Kpaduma community in Abuja, Federal Capital Territory (fct), Nigeria. Kpaduma, an indigenous group, has a history of protest at various times with the government over its ancestral land. The last protest in 2016 brought massive destruction of settlements and forced displacement. Quite a number of works have been written on the land protests, with particular reference to their causes and consequences. However, the post-protests situation, particularly regarding the tense relationship and urbanization process in the locality, is yet to be sufficiently explored. This study investigates the state of relations between the government and Kpaduma as well as the urbanization processes in the country’s capital after the forced displacement of Kpaduma.


Author(s):  
Tatiana A. Karasova ◽  
◽  
Andrey V. Fedorchenko ◽  
Dmitry A. Maryasis ◽  
◽  
...  

The article presents a historical overview of Israeli studies at the Institute of Oriental Studies RAS in the first two decades of the 21st century. The paper demonstrates the main research fields and publications of the Department for the Study of Israel and Jewish Communities, as well as the list of its heads and research fellows. The article shows how, having successfully overcome the difficulties of the 1990s that were rather hard on Russian Academy as a whole, the staff of the Israeli Studies Department in their numerous publications, speeches at Russian and international academic forums tried to respond to the new challenges in a scholarly way. In the 2000s the number of works published on the history of relations between the USSR / Russia and Israel increased, and this trend continued in subsequent years. Access to the archives for the first time made it possible to analyze the formation and development of Soviet-Israeli relations before the break (in 1953). The department expanded the directions of its academic activity. Its topics included such directions as the study of the collective memory of Jews in modern Russia, cultural identity, cultural memory, religious and secular identity of Russian Jews, attitude towards disability and people with disabilities, study of youth communities in Israel, Russia and Europe, the impact of the US-Israeli relations on the US Jewish community. Development of basic methodology for researching the state of Jewish charity in Moscow was one of the new tasks for the fellows of the Department to solve. The novelty of the tasks also included new methodology of researching the economic and socio-political development of Israel using social networks data. The Department continued to study all aspects of the life of the State of Israel — economic, socio-political and cultural processes developing in the Israeli state, including new features in regional policy and the concept of Israeli security. At present, members of the department’s, in addition to their current activities, are implementing a number of promising projects aimed at strengthening the department’s position as the leading center of Israeli studies in the post-Soviet space.


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