Dr. Yubaraj Sangroula | Kathmandu School of Law (original) (raw)

Papers by Dr. Yubaraj Sangroula

Social Science Research Network, 2009

Peace building both as a process and goal cannot be isolated from the empirical realities of the ... more Peace building both as a process and goal cannot be isolated from the empirical realities of the given nation. The facts around the issues do have decisive role in both the process and objectives. The political instruments and mechanisms are also decisive elements in this regard. An honest, pragmatic and visionary political leadership of the nation is a pivotal instrument of transforming the conflict. In many nations, the process eventually failed not because there was a lack of potential for pragmatic peace process. However, the peace process miserably failed because the leadership was not unfettered by vested interests or political gimmicks. The transformation of conflict demands 'a true political honesty and sincerity'. Conflicts are not essentially an evil. If they are taken positively, they can be used as important 'energy or driving force to rebuild the society'. This dynamic, however, can play role only in a society where there is a culture of public or national interests outweigh the individual or partisan political interests of leadership. So far, Nepal has not been able to become a nation of leaders where they are inclined to sacrifice their partisan interests for the sake of national or public interests. This paper basically highlights the perspectives of failures of political leadership observed, its causes and consequences along with the peoples' expectation in Nepal.

Centre for Economic Development and Administration, Tribhuvan University eBooks, 1987

... A study on legal framework of the peace zone proposal of Nepal. Post a Comment. CONTRIBUTORS:... more ... A study on legal framework of the peace zone proposal of Nepal. Post a Comment. CONTRIBUTORS: Author: Gurung, Surya Kiran. Author: Sangroula, Yubaraj. Author: Adhikari, Prabhakar. PUBLISHER: Centre for Economic Development ...

Kathmandu School of Law review, Apr 30, 2017

The Idiosyncratic History of Friendliness and Cultural Proximity in Sino-Nepal Relation An abunda... more The Idiosyncratic History of Friendliness and Cultural Proximity in Sino-Nepal Relation An abundance of records from antiquity show that Nepal existed as a southern Himalayan state with a long an uninterrupted history of independence. The Pashupati area, with its numerous temples including the main temple dedicated to Lord Shiva, is one of the ancient locations identified with the ancient history of the nation of Nepal. As described by Dilli Raman Regmi, a noted historian of ancient Nepal, the present site of Pashupati was divided into two locations, the main temple and the surrounding area where a number of other temples surrounded the main temple. The latter location was called Deopatan, literally meaning as the city of Gods. 1 An adjacent location, known as Cha-bahil, which is currently known as Chabel, is of significant importance in understanding the antiquity of Nepal as a nation. Mr Regmi refers to a chronicle that describes Deopatan as a site where Magadha Emperor Ashoka, on his visit to Kathmandu, met with Nepal's King. 2 A legend from the Chronicle mentions that King Ashoka founded a monastery close to the north of Deopatan and left it in the care of his daughter Charumati, who married the king of Nepal. 3 King Ashoka ruled Maghada before 300 BCE. This historical description is evidence of two important facts about Nepal. Firstly, Nepal existed as a nation before the reign of Ashoka in Maghada. India was not yet founded and the present Indian Territory consisted of several kingdoms ruled by independent kings. Nepal, thus, is obviously a nation with a history of antiquity in South Asia. Secondly, the visit of Emperor Ashoka suggests that Nepal was an ation of importance in that time. This fact is proved by the fact of the marriage of Emperor Ashoka's daughter to the King of Nepal. As many historical records have shown, the marital relation between the families of two kings implied an intention to establish good relations between them. It presumably guaranteed a situation of non-interference and absence of fear of war. Obviously, such relation could only occur between two equally important or  Prof. (Dr.

Social Science Research Network, 2008

In Nepal, there are very few empirical researches conducted on 'issues of overseas migration,... more In Nepal, there are very few empirical researches conducted on 'issues of overseas migration, especially focusing on women'. One of the serious hurdles reported by few researches is the unavailability of statistical information on such workers, and this problem is really frustrating with regard to 'women migrant workers'. While press reports, seminar papers and available studies invariably agree to 'increasing feminization of overseas migration for works', the empirical data to support the fact are largely lacking. Obviously, available studies mostly conclude 'conjectures' but not on the 'established facts'. The present study has reviewed the latest researches carried out by national and international institutions. Another fact to highlight is that 'overwhelming majority of available studies has dealt with the issue of 'migration of women for works with reference to the problem of trafficking'. Hence, the number of studies that have independently taken up the 'situation of migrant workers' with focus on women is undoubtedly negligible. Based on these facts, one can conclude that like 'trafficking is stereotypically connected with prostitution; the issue of women's migration overseas adopts the similar stereotypical approach and essentially associated with trafficking by researchers'. This attitude or trend indirectly stigmatize the 'overseas migration of women', and consequently indirectly justifies the 'protectionism' in the government's policies concerning overseas migration of women. This article makes some reflection on the problem being based on few studies.

Social Science Research Network, 2007

This paper reflects on 'need of evolving community mediation as a popular means of dispensing... more This paper reflects on 'need of evolving community mediation as a popular means of dispensing justice'. The access to justice is one of the core rights of human beings to address 'conflict or causes of conflict'. The concept of justice, which originally evolved through 'different forms of ordeal' both in the eastern and western world, has now been transformed into 'litigation'. It however largely fails to 'ensure justice to ordinary people as the access to litigation has been limited, and the extreme formalism practiced in the form of 'procedures' is unfriendly to people who are pushed to marginal lines in different forms such as ' hierarchical social strata, poverty, and isolation''. Their phenomenal disenfranchisement makes it unable to 'use the litigation as a means of protecting their genuine interests and rights'. Unfortunately, the litigation has been defined as 'mainstream course of justice' which is absolutely 'wrong''. The legal education system in the past has nurtured set of 'doctrines' which treat 'means of justice such as community mediation as 'Alternative Dispute Resolution'. In Nepal, litigation has continuously been used as 'a means of revenues' for the State. Hence, no litigation process can be approached by the people who have no capacity to pay 'different forms of fee'. Nepal as a nation with about 30% of population living under the poverty line cannot be expected to receive benefit from the kind of 'justice system in which the cost is unbelievably unreasonable'. In litigation practice prevalent in system like Nepal, the justice is 'not delivered but auctioned'. Hence, the person who is rich and powerful snatches the justice. The vices of nepotism, financial irregularities, corruption coupled by 'formalism' makes the formal justice system 'a mockery'. Just for example, in many countries in South Asia, the judgment of the court and all other court documents are prepared in English language whereas the literacy proportion of the population is still not above 50%. Hence, the people seeking justice do understand nothing as to what their lawyers and judges are talking about. Is this what we 'intend to have in the name of justice'? Unfortunately, no community mediation and many others similar forms of 'popular justice' system which conveniently provide access to justice to the 'mass of unprivileged and disenfranchised population' have received the 'proper attention of the university education and government funding in so-called developing countries like ours'. This paper therefore challenges the 'authenticity and credibility of justice system' as well as the legal education system in Nepal'. The paper proceeds with inspectional or primary theoretical discussion on notion of justice analyzes the problems facing the formal justice system and delves into necessity of developing instruments like community mediation. These issues have been dealt pedagogically. The roles and responsibilities the Universities in countries like Nepal are discussed along with the contents and issues they are supposed to address by their cubicula.

Social Science Research Network, 2008

Conflict is natural social phenomenon. Conflict though often has been viewed only from the negati... more Conflict is natural social phenomenon. Conflict though often has been viewed only from the negative sense is not so in actual. The conflict can be viewed from a different perspective as well as various dimensions. The social, cultural, political, economical and psychological dimensions of conflict vary with each other among themselves. However all types of conflict demand a proper management in the society to prevent the conflict to transform into a negative energy or violence. Conflict in its real sense is a part of human life which can be made functional and used as a positive energy for the transformation of pain into peace. Conflict has its different forms and nature. Often the importance of transformation of conflict is defined closely to 'struggle for sustainable peace'. Conflict transformation therefore involves reconstruction and reconciliation. It means that conflict is not essentially an evil. The classical theories on peace and conflicts and their management have been obsolete to capture the complex dimensions of the conflicts in the modern and post-modern period. Therefore there is a need of rethinking on the theories of peace and conflicts. The success in avoidance of conflict lies on a deepening awareness of human rights and rule of law values among the general people. This paper highlights that the conflict transformation must not aim to eliminate conflict but to utilize conflict solving processes for generative and positive changes.

Social Science Research Network, 2014

An attempt to justify the need of linking human development affairs with human rights and develop... more An attempt to justify the need of linking human development affairs with human rights and developing a concept of law as an instrument of enhancing human development is a major thrust of this article. It endeavors to relate law as a regime of governance with human development efforts as a precondition for securing adequate enforcement of international human rights laws. The article argues that 'poverty and ensuing deprivation' is an effect of massive human rights violation by State governments and international bodies. It moves ahead by setting an assumption that the regressive status quo; meticulously preserved and protected by way of anti-equity conventions and laws safeguarding hierarchical structure of society, is a stumbling block to the progressive transformation of the lives of deprived people. It goes on with assertion that no enjoyment of human rights, the liberal rights in particular, becomes possible without breaking the 'vicious cycle of poverty and regressive status quo' by help of rapid development activities targeted to meet the 'threshold condition of development'.

Social Science Research Network, 2013

The quintessence of the paper is conception of a criminal justice system in which formal justice ... more The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

Social Science Research Network, 2010

Codification of laws of war is one the significant achievements of international law from the nin... more Codification of laws of war is one the significant achievements of international law from the nineteenth century. The wars after then were fought with a different nature and scale. The realization of the need to limit the destructive force of war changed the momentum to codify the international war laws. The codification of international war laws in their primary condition thus emphasized the need of making distinction between 'armed forces and civilians'. The most remarkable aspect to be noted is that it linked the development of law of armed conflict with the international protection of human rights. It was the Charter of the United Nations which clearly condemned war and defined the war of aggression as a crime against international peace and humanity. But since this attempt was not so promising enough International Committee of Red Cross initiated to revise the Geneva Conventions and an additional Convention relative to the protection of civilian persons in the time of war was adopted. This article elucidates the four Geneva Conventions with their additional protocols including norms for control and restraints of war, which as such are considered helpful to protect and promote peace, and respect human rights of combatants and civilians. The basic highlights of this article is the historical events that led to the codification and development of international conventions relating to war with special focus on evolution of modern laws of armed conflict. Further it also focus on the important achievements of humanitarian laws.

Social Science Research Network, 2014

The paper delves into some major problems encountered by the criminal justice system of Nepal wit... more The paper delves into some major problems encountered by the criminal justice system of Nepal with regard to the crime of trafficking and protection of victims. An attempt has been made to ponder into notional or theoretical basis of problems as well the procedures being applied in investigation, prosecution and trials of the trafficking offences. The major focus of the article lies on the need of coordination between the investigator and the prosecutor. The paper reflects on some notional misconceptions of actors which are significantly contributing to the 'continuity of the failed state of the prosecution' in the trafficking cases. It is an undeniable fact that Nepal's criminal justice system is largely a 'relic' of the past. The new principles adopted in the changed context after 1950 are largely reduced to 'non productive' due to these looming misconceptions of actors. In this light, the paper has made some general efforts to relate the ground reality of Nepal prevailing criminal justice system with the demands of a modern criminal justice system's principles. The issues of trafficking crime are seen in these perspectives.

Kathmandu School of Law Review, 2018

A prominent scholar and thinker Francis Bacon has categorized books into three kinds. Some are to... more A prominent scholar and thinker Francis Bacon has categorized books into three kinds. Some are to be chewed; some are to be chewed and swallowed; and some are to be chewed, swallowed then digested too. To rightly and infallibly meet the expectation, a prolific author, lead figure in jurisprudence and a citable epitome in domain of law academia, Prof. Dr. Yubraj Sangroula has recently credited the pool of agog and ardent readers with a-landmark piece-a new book, titled 'South Asia China Geo-economics', which truly positions itself on the final benchmark of Bacon's categorization. The 500 pages long book encompassing highly contemporary issues ranging from international politics to economy, from Asian values to Western culture is such a compressed and condescended document that each of its statements embodies an electrifying and enlightening message.

Kathmandu School of Law Review, 2012

The proliferation of transnational crimes has made protection of victims of trafficking all the m... more The proliferation of transnational crimes has made protection of victims of trafficking all the more imperative. However, as the general definition of a victim is hazed by surfacing mixed migratory patterns, legal frameworks on their protection have become unaccommodating to some victims. The role of refugee legal framework in such circumstances for added and/or supplementary protection of such victims is very consequential and the nexus between these areas is not uncanny. Whether be it the vulnerability of refugees to be trafficked or the legitimate claim of victims of trafficking on voluntary repatriation or non-refoulement that gives rise to asylum claim, adducing refugee legal framework has become essential. There needs to be burden-sharing arrangements among the countries of origin, transit and destination and concerned agencies such as UNHCR and IOM to provide utmost legal assistance to the victims of trafficking. The obligation to protect demands states to refrain from treati...

Journal of Comparative Asian Development, 2014

Abstract This paper proposes that Nepal's unalterable geographic position does not necessaril... more Abstract This paper proposes that Nepal's unalterable geographic position does not necessarily have to be disadvantageous for Nepal, and the state needs to get over the syndromes of land-lockedness and smallness. Sorting out its domestic matters is historically sound diplomacy. The foreign policy of Nepal as regards India and China needs to focus not only on a small state's survival strategies, but also in order to thrive Nepal needs to upgrade its diplomatic faculties and make use of regional forums such as SAARC for reinforcing its neighbourhood comity and economic diplomacy. Small states like Nepal can influence the foreign policies of superpowers like India and China. In this milieu, the paper charts out the constraints and prospects of the relations of Nepal with its immediate neighbours that has, to date, been grounded in the conventional notion of equidistance.

BiLD Law Journal, Jun 21, 2021

Legal Education and Legal Profession During and After COVID-19

Chinese Science Bulletin, 1987

我们研究了BaO-Y_2O_3-CuO体系的相关系,并做了富CuO区(CuO>50mol％)的室温截面图。测定了此三元系中富CuO区化合物的晶体结构和超导电性。在这一区域内,发现两个化合物... more 我们研究了BaO-Y_2O_3-CuO体系的相关系,并做了富CuO区(CuO>50mol％)的室温截面图。测定了此三元系中富CuO区化合物的晶体结构和超导电性。在这一区域内,发现两个化合物:Ba_2YCu_3O_(9-x)和Y_2BaCuO_5。Ba_2YCu_3O_(9-x)具有正交畸变钙钛矿结构,a=3.892,b=3.824,c=11.64,空间群为Pmmm。此化合物为高T_c超导相,零电阻温度为92K。由于Ba_2YCu_3O_(9-x)在很宽的区域内存在,所以在Ba-Y-Cu-O体系内很容易得到各种不同配

Social Science Research Network, 2009

Peace building both as a process and goal cannot be isolated from the empirical realities of the ... more Peace building both as a process and goal cannot be isolated from the empirical realities of the given nation. The facts around the issues do have decisive role in both the process and objectives. The political instruments and mechanisms are also decisive elements in this regard. An honest, pragmatic and visionary political leadership of the nation is a pivotal instrument of transforming the conflict. In many nations, the process eventually failed not because there was a lack of potential for pragmatic peace process. However, the peace process miserably failed because the leadership was not unfettered by vested interests or political gimmicks. The transformation of conflict demands 'a true political honesty and sincerity'. Conflicts are not essentially an evil. If they are taken positively, they can be used as important 'energy or driving force to rebuild the society'. This dynamic, however, can play role only in a society where there is a culture of public or national interests outweigh the individual or partisan political interests of leadership. So far, Nepal has not been able to become a nation of leaders where they are inclined to sacrifice their partisan interests for the sake of national or public interests. This paper basically highlights the perspectives of failures of political leadership observed, its causes and consequences along with the peoples' expectation in Nepal.

Centre for Economic Development and Administration, Tribhuvan University eBooks, 1987

... A study on legal framework of the peace zone proposal of Nepal. Post a Comment. CONTRIBUTORS:... more ... A study on legal framework of the peace zone proposal of Nepal. Post a Comment. CONTRIBUTORS: Author: Gurung, Surya Kiran. Author: Sangroula, Yubaraj. Author: Adhikari, Prabhakar. PUBLISHER: Centre for Economic Development ...

Kathmandu School of Law review, Apr 30, 2017

The Idiosyncratic History of Friendliness and Cultural Proximity in Sino-Nepal Relation An abunda... more The Idiosyncratic History of Friendliness and Cultural Proximity in Sino-Nepal Relation An abundance of records from antiquity show that Nepal existed as a southern Himalayan state with a long an uninterrupted history of independence. The Pashupati area, with its numerous temples including the main temple dedicated to Lord Shiva, is one of the ancient locations identified with the ancient history of the nation of Nepal. As described by Dilli Raman Regmi, a noted historian of ancient Nepal, the present site of Pashupati was divided into two locations, the main temple and the surrounding area where a number of other temples surrounded the main temple. The latter location was called Deopatan, literally meaning as the city of Gods. 1 An adjacent location, known as Cha-bahil, which is currently known as Chabel, is of significant importance in understanding the antiquity of Nepal as a nation. Mr Regmi refers to a chronicle that describes Deopatan as a site where Magadha Emperor Ashoka, on his visit to Kathmandu, met with Nepal's King. 2 A legend from the Chronicle mentions that King Ashoka founded a monastery close to the north of Deopatan and left it in the care of his daughter Charumati, who married the king of Nepal. 3 King Ashoka ruled Maghada before 300 BCE. This historical description is evidence of two important facts about Nepal. Firstly, Nepal existed as a nation before the reign of Ashoka in Maghada. India was not yet founded and the present Indian Territory consisted of several kingdoms ruled by independent kings. Nepal, thus, is obviously a nation with a history of antiquity in South Asia. Secondly, the visit of Emperor Ashoka suggests that Nepal was an ation of importance in that time. This fact is proved by the fact of the marriage of Emperor Ashoka's daughter to the King of Nepal. As many historical records have shown, the marital relation between the families of two kings implied an intention to establish good relations between them. It presumably guaranteed a situation of non-interference and absence of fear of war. Obviously, such relation could only occur between two equally important or  Prof. (Dr.

Social Science Research Network, 2008

In Nepal, there are very few empirical researches conducted on 'issues of overseas migration,... more In Nepal, there are very few empirical researches conducted on 'issues of overseas migration, especially focusing on women'. One of the serious hurdles reported by few researches is the unavailability of statistical information on such workers, and this problem is really frustrating with regard to 'women migrant workers'. While press reports, seminar papers and available studies invariably agree to 'increasing feminization of overseas migration for works', the empirical data to support the fact are largely lacking. Obviously, available studies mostly conclude 'conjectures' but not on the 'established facts'. The present study has reviewed the latest researches carried out by national and international institutions. Another fact to highlight is that 'overwhelming majority of available studies has dealt with the issue of 'migration of women for works with reference to the problem of trafficking'. Hence, the number of studies that have independently taken up the 'situation of migrant workers' with focus on women is undoubtedly negligible. Based on these facts, one can conclude that like 'trafficking is stereotypically connected with prostitution; the issue of women's migration overseas adopts the similar stereotypical approach and essentially associated with trafficking by researchers'. This attitude or trend indirectly stigmatize the 'overseas migration of women', and consequently indirectly justifies the 'protectionism' in the government's policies concerning overseas migration of women. This article makes some reflection on the problem being based on few studies.

Social Science Research Network, 2007

This paper reflects on 'need of evolving community mediation as a popular means of dispensing... more This paper reflects on 'need of evolving community mediation as a popular means of dispensing justice'. The access to justice is one of the core rights of human beings to address 'conflict or causes of conflict'. The concept of justice, which originally evolved through 'different forms of ordeal' both in the eastern and western world, has now been transformed into 'litigation'. It however largely fails to 'ensure justice to ordinary people as the access to litigation has been limited, and the extreme formalism practiced in the form of 'procedures' is unfriendly to people who are pushed to marginal lines in different forms such as ' hierarchical social strata, poverty, and isolation''. Their phenomenal disenfranchisement makes it unable to 'use the litigation as a means of protecting their genuine interests and rights'. Unfortunately, the litigation has been defined as 'mainstream course of justice' which is absolutely 'wrong''. The legal education system in the past has nurtured set of 'doctrines' which treat 'means of justice such as community mediation as 'Alternative Dispute Resolution'. In Nepal, litigation has continuously been used as 'a means of revenues' for the State. Hence, no litigation process can be approached by the people who have no capacity to pay 'different forms of fee'. Nepal as a nation with about 30% of population living under the poverty line cannot be expected to receive benefit from the kind of 'justice system in which the cost is unbelievably unreasonable'. In litigation practice prevalent in system like Nepal, the justice is 'not delivered but auctioned'. Hence, the person who is rich and powerful snatches the justice. The vices of nepotism, financial irregularities, corruption coupled by 'formalism' makes the formal justice system 'a mockery'. Just for example, in many countries in South Asia, the judgment of the court and all other court documents are prepared in English language whereas the literacy proportion of the population is still not above 50%. Hence, the people seeking justice do understand nothing as to what their lawyers and judges are talking about. Is this what we 'intend to have in the name of justice'? Unfortunately, no community mediation and many others similar forms of 'popular justice' system which conveniently provide access to justice to the 'mass of unprivileged and disenfranchised population' have received the 'proper attention of the university education and government funding in so-called developing countries like ours'. This paper therefore challenges the 'authenticity and credibility of justice system' as well as the legal education system in Nepal'. The paper proceeds with inspectional or primary theoretical discussion on notion of justice analyzes the problems facing the formal justice system and delves into necessity of developing instruments like community mediation. These issues have been dealt pedagogically. The roles and responsibilities the Universities in countries like Nepal are discussed along with the contents and issues they are supposed to address by their cubicula.

Social Science Research Network, 2008

Conflict is natural social phenomenon. Conflict though often has been viewed only from the negati... more Conflict is natural social phenomenon. Conflict though often has been viewed only from the negative sense is not so in actual. The conflict can be viewed from a different perspective as well as various dimensions. The social, cultural, political, economical and psychological dimensions of conflict vary with each other among themselves. However all types of conflict demand a proper management in the society to prevent the conflict to transform into a negative energy or violence. Conflict in its real sense is a part of human life which can be made functional and used as a positive energy for the transformation of pain into peace. Conflict has its different forms and nature. Often the importance of transformation of conflict is defined closely to 'struggle for sustainable peace'. Conflict transformation therefore involves reconstruction and reconciliation. It means that conflict is not essentially an evil. The classical theories on peace and conflicts and their management have been obsolete to capture the complex dimensions of the conflicts in the modern and post-modern period. Therefore there is a need of rethinking on the theories of peace and conflicts. The success in avoidance of conflict lies on a deepening awareness of human rights and rule of law values among the general people. This paper highlights that the conflict transformation must not aim to eliminate conflict but to utilize conflict solving processes for generative and positive changes.

Social Science Research Network, 2014

An attempt to justify the need of linking human development affairs with human rights and develop... more An attempt to justify the need of linking human development affairs with human rights and developing a concept of law as an instrument of enhancing human development is a major thrust of this article. It endeavors to relate law as a regime of governance with human development efforts as a precondition for securing adequate enforcement of international human rights laws. The article argues that 'poverty and ensuing deprivation' is an effect of massive human rights violation by State governments and international bodies. It moves ahead by setting an assumption that the regressive status quo; meticulously preserved and protected by way of anti-equity conventions and laws safeguarding hierarchical structure of society, is a stumbling block to the progressive transformation of the lives of deprived people. It goes on with assertion that no enjoyment of human rights, the liberal rights in particular, becomes possible without breaking the 'vicious cycle of poverty and regressive status quo' by help of rapid development activities targeted to meet the 'threshold condition of development'.

Social Science Research Network, 2013

The quintessence of the paper is conception of a criminal justice system in which formal justice ... more The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

Social Science Research Network, 2010

Codification of laws of war is one the significant achievements of international law from the nin... more Codification of laws of war is one the significant achievements of international law from the nineteenth century. The wars after then were fought with a different nature and scale. The realization of the need to limit the destructive force of war changed the momentum to codify the international war laws. The codification of international war laws in their primary condition thus emphasized the need of making distinction between 'armed forces and civilians'. The most remarkable aspect to be noted is that it linked the development of law of armed conflict with the international protection of human rights. It was the Charter of the United Nations which clearly condemned war and defined the war of aggression as a crime against international peace and humanity. But since this attempt was not so promising enough International Committee of Red Cross initiated to revise the Geneva Conventions and an additional Convention relative to the protection of civilian persons in the time of war was adopted. This article elucidates the four Geneva Conventions with their additional protocols including norms for control and restraints of war, which as such are considered helpful to protect and promote peace, and respect human rights of combatants and civilians. The basic highlights of this article is the historical events that led to the codification and development of international conventions relating to war with special focus on evolution of modern laws of armed conflict. Further it also focus on the important achievements of humanitarian laws.

Social Science Research Network, 2014

The paper delves into some major problems encountered by the criminal justice system of Nepal wit... more The paper delves into some major problems encountered by the criminal justice system of Nepal with regard to the crime of trafficking and protection of victims. An attempt has been made to ponder into notional or theoretical basis of problems as well the procedures being applied in investigation, prosecution and trials of the trafficking offences. The major focus of the article lies on the need of coordination between the investigator and the prosecutor. The paper reflects on some notional misconceptions of actors which are significantly contributing to the 'continuity of the failed state of the prosecution' in the trafficking cases. It is an undeniable fact that Nepal's criminal justice system is largely a 'relic' of the past. The new principles adopted in the changed context after 1950 are largely reduced to 'non productive' due to these looming misconceptions of actors. In this light, the paper has made some general efforts to relate the ground reality of Nepal prevailing criminal justice system with the demands of a modern criminal justice system's principles. The issues of trafficking crime are seen in these perspectives.

Kathmandu School of Law Review, 2018

A prominent scholar and thinker Francis Bacon has categorized books into three kinds. Some are to... more A prominent scholar and thinker Francis Bacon has categorized books into three kinds. Some are to be chewed; some are to be chewed and swallowed; and some are to be chewed, swallowed then digested too. To rightly and infallibly meet the expectation, a prolific author, lead figure in jurisprudence and a citable epitome in domain of law academia, Prof. Dr. Yubraj Sangroula has recently credited the pool of agog and ardent readers with a-landmark piece-a new book, titled 'South Asia China Geo-economics', which truly positions itself on the final benchmark of Bacon's categorization. The 500 pages long book encompassing highly contemporary issues ranging from international politics to economy, from Asian values to Western culture is such a compressed and condescended document that each of its statements embodies an electrifying and enlightening message.

Kathmandu School of Law Review, 2012

The proliferation of transnational crimes has made protection of victims of trafficking all the m... more The proliferation of transnational crimes has made protection of victims of trafficking all the more imperative. However, as the general definition of a victim is hazed by surfacing mixed migratory patterns, legal frameworks on their protection have become unaccommodating to some victims. The role of refugee legal framework in such circumstances for added and/or supplementary protection of such victims is very consequential and the nexus between these areas is not uncanny. Whether be it the vulnerability of refugees to be trafficked or the legitimate claim of victims of trafficking on voluntary repatriation or non-refoulement that gives rise to asylum claim, adducing refugee legal framework has become essential. There needs to be burden-sharing arrangements among the countries of origin, transit and destination and concerned agencies such as UNHCR and IOM to provide utmost legal assistance to the victims of trafficking. The obligation to protect demands states to refrain from treati...

Journal of Comparative Asian Development, 2014

Abstract This paper proposes that Nepal's unalterable geographic position does not necessaril... more Abstract This paper proposes that Nepal's unalterable geographic position does not necessarily have to be disadvantageous for Nepal, and the state needs to get over the syndromes of land-lockedness and smallness. Sorting out its domestic matters is historically sound diplomacy. The foreign policy of Nepal as regards India and China needs to focus not only on a small state's survival strategies, but also in order to thrive Nepal needs to upgrade its diplomatic faculties and make use of regional forums such as SAARC for reinforcing its neighbourhood comity and economic diplomacy. Small states like Nepal can influence the foreign policies of superpowers like India and China. In this milieu, the paper charts out the constraints and prospects of the relations of Nepal with its immediate neighbours that has, to date, been grounded in the conventional notion of equidistance.

BiLD Law Journal, Jun 21, 2021

Legal Education and Legal Profession During and After COVID-19

Chinese Science Bulletin, 1987

我们研究了BaO-Y_2O_3-CuO体系的相关系,并做了富CuO区(CuO>50mol％)的室温截面图。测定了此三元系中富CuO区化合物的晶体结构和超导电性。在这一区域内,发现两个化合物... more 我们研究了BaO-Y_2O_3-CuO体系的相关系,并做了富CuO区(CuO>50mol％)的室温截面图。测定了此三元系中富CuO区化合物的晶体结构和超导电性。在这一区域内,发现两个化合物:Ba_2YCu_3O_(9-x)和Y_2BaCuO_5。Ba_2YCu_3O_(9-x)具有正交畸变钙钛矿结构,a=3.892,b=3.824,c=11.64,空间群为Pmmm。此化合物为高T_c超导相,零电阻温度为92K。由于Ba_2YCu_3O_(9-x)在很宽的区域内存在,所以在Ba-Y-Cu-O体系内很容易得到各种不同配