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Papers by khushbakht qaiser

Journal of Peace, Development & Communication

National strategies to combat terrorism differ from state to state relative to their capacity and... more National strategies to combat terrorism differ from state to state relative to their capacity and general principles of the national justice system. For this reason, some states implement broad definitions of terrorism authorizing preventive action, even so no crime is committed. In contrast, there are states which adopt narrow definitions of terrorism to safeguard due process rights of the suspects. While this approach may be more humane, it undermines the ability of states to act in anticipation of a terrorist attack. Clearly, the emphasis of the former strategy is to preserve national security even at the cost of civil liberties. In reverse, the latter approach aims at preserving civil liberties despite the threat of terrorism. Recently, the Supreme Court of Pakistan has re-defined terrorism to narrow down its scope, making it applicable to those acts only which are motivated to coerce a government or intimidate a civilian population to advance a religious, sectarian and ethnic o...

Zenodo (CERN European Organization for Nuclear Research), Apr 29, 2022

Kulbhushan Jadhav, an Indian national, was detained on terrorist and espionage accusations in Pak... more Kulbhushan Jadhav, an Indian national, was detained on terrorist and espionage accusations in Pakistan's Baluchistan province. Jadhav was allegedly kidnapped from Iran by Pakistani security forces, according to the Indian foreign ministry. Kulbhushan was an Indian Navy officer, according to Pakistan's version. Kulbhushan, on the other hand, was an ex-Naval officer who resigned in 2001, according to the Indian account. This article will present a proper perspective on the role of international law in general, as well as its importance in defining state-to-state relationships. It will also address the various approaches to reducing the influence of espionage in a country's foreign policy direction.

China and WTO Review

Economists believe that if the legal remedy for breach is expectation damages, the idea of effici... more Economists believe that if the legal remedy for breach is expectation damages, the idea of efficient breach allows us to forecast when parties will choose to breach a contract. On the other hand, the economic premise of rational wealth-maximizing actors fails to reflect significant nonmonetary values and incentives that impact behavior in predictable ways. People act following shared community norms, such as the moral norm of honoring pledges, when interpersonal duties are informal or underspecified. However, when the parties specify or otherwise formalize punishments for uncooperative behavior, it becomes more strategic and self-interested. The remedy for breach is made apparent with a liquidated-damages

Pakistan Social Sciences Review, 2021

Digital evidence is any evidence which can be stored, exchanged or generated in electronic form. ... more Digital evidence is any evidence which can be stored, exchanged or generated in electronic form. Such type of evidence has assumed a crucial role in modern day adjudication of criminal cases. In the recent past, digital evidence was treated as secondary evidence in Pakistan, however, keeping in view its increasing relevance to detect and punish crimes in the information age, some critical legislative changes were made to give the status of primary evidence to the digital evidence. This article suggests that the status of digital evidence has become primary to the extent of its admissibility only. In relation to weight or appraisal, it is still regarded as a circumstantial evidence requiring corroboration. This approach can be changed by judicial precedents implementing the changes brought about by the legislature.

China and WTO Review, 2021

Global Legal Studies Review, 2021

DNA analysis has transformed forensic science, assisting in the capture of serial killers and the... more DNA analysis has transformed forensic science, assisting in the capture of serial killers and the exoneration of innocent people falsely accused of major crimes. As DNA profiling becomes more sensitive and is utilized in more cases, it is critical that public and professional expectations are based on reality rather than television crime drama. In the pursuit of justice, DNA evidence is a useful and neutral instrument. DNA evidence will play an increasingly essential part in investigating crimes in the future, whether it helps convictor absolve persons. As a result, victims will receive better justice, and communities will be safer. This article discusses the vitality of DNA in the criminal justice system and provides an analysis pertaining to international practices.

Global Social Sciences Review, 2020

The incompatible reservations have adversely affected the uniform application of the CEDAW Conven... more The incompatible reservations have adversely affected the uniform application of the CEDAW Convention. A significant number of incompatible reservations have been formulated by the Muslim states. Such reservations have undermined the CEDAW provisions and conceivably doubt the state's accountability for its obligations under the Convention. The research comprises of two parts; first, it examines the reservations of the Muslim states in the context of their obligations under the Convention. Second, it adopts an analytical approach to analyze women rights in Pakistan, Saudi Arabia and Iran (as a non-state party). Our findings reveal that despite the incompatible reservations, the Muslim states that have ratified the CEDAW Convention have shown significant improvement in women rights as compared to the states that are not members of the Convention. It suggests that Muslim states should revisit the scope of their reservations and adopt a rational approach towards women rights and ful...

The article is an in-depth study of the online trade and online dispute resolution and instances ... more The article is an in-depth study of the online trade and online dispute resolution and instances which keep Pakistan’s judiciary’s unwillingness in assimilating this entity into its judicial system. It will also highlight the use of electronic-mediation (e-mediation) and electronic-arbitration (e-arbitration) and their relationships with online trade. Additionally, this article examines the preliminary aspects of online dispute resolution (ODR), the international trends and practices and the current status of legislation in Pakistan. It highlights the implementation of an advanced technological system for redressal of consumer grievances, which has become the latest trend through the world. Certain precedents will also substantiate the purpose of the article and lastly some recommendations about the lessons which can be learnt by Pakistan, from successful experiences related to online trade dispute resolution mechanisms.

Global Political Review, 2020

Business enterprises and their policies of conducting business have always been considered as deb... more Business enterprises and their policies of conducting business have always been considered as debatable, and another aspect is following social and environmental regulations of jurisdictions in which companies conduct their business-either domestic enterprises or international ones. In different scenarios, companies self-regulate themselves and, in this prospect, environmental conduct cannot be adhered to properly. On the other hand, it has been observed that MNC's increasingly self-regulate their environmental conduct. Experience shows that when the MNC's or the polluting companies faced with strong environmental regulations, they move their base of operations to another country with lower (thus cheaper) standards and it affects that country massively. The same situation when it appears with a domestic company, it tries to disguise its fallacy through lack of regulations and policy within its own jurisdiction. What can be done to stop this? Indeed, there are various example...

Global Legal Studies Review

Crime and punishment have always been considered as two sides of the same coin. In the primitive ... more Crime and punishment have always been considered as two sides of the same coin. In the primitive legal systems, the real object of inflicting punishment was deterrent and retributive, however, with the evolution of concepts of rights and civil liberties the restorative justice movement started gaining momentum in criminal administration of justice, the need to reconsider the objects of punishment has arisen and various theories were evolved to juxtapose these two extremes in such an optimum manner that ends of administration of justice could best be achieved. This article aims to find out the ways for proper implementation of probation laws to make community service as an alternative to crude punishment which seemed to have ignored the very object of punishment i.e., reformation for the betterment of society