International Law Invite PDF
Total Page:16
File Type:pdf, Size:1020Kb

Load more
Recommended publications
-
Facts Necessary to Understanding the Hawaiian
FACTS NECESSARY TO UNDERSTAND THE HAWAIIAN SITUATION David Keanu Sai, Ph.D. June 11, 2019 Fundamental to deciphering the Hawaiian situation is to discern between a state of peace and a state of war. This bifurcation provides the proper context by which certain rules of international law would or would not apply. The laws of war—jus in bello, otherwise known today as international humanitarian law, are not applicable in a state of peace. Inherent in the rules of jus in bello is the co-existence of two legal orders, being that of the occupying State and that of the occupied State. As an occupied State, the continuity of the Hawaiian Kingdom has been maintained for the past 126 years by the positive rules of international law, notwithstanding the absence of effectiveness, which is required during a state of peace.1 The failure of the United States to comply with international humanitarian law, for over a century, has created a humanitarian crisis of unimaginable proportions where war crimes have since risen to a level of jus cogens. At the same time, the obligations have erga omnes characteristics— flowing to all States. The international community’s failure to intercede, as a matter of obligatio erga omnes, is explained by the United States deceptive portrayal of Hawai‘i as an incorporated territory. As an international wrongful act, States have an obligation to not “recognize as lawful a situation created by a serious breach … nor render aid or assistance in maintaining that situation,”2 and States “shall cooperate to bring to an end through lawful means any serious breach [by a State of an obligation arising under a peremptory norm of general international law].”3 The gravity of the Hawaiian situation has been heightened by North Korea’s announcement that “all of its strategic rocket and long range artillery units ‘are assigned to strike bases of the U.S. -
Defining Shariʿa the Politics of Islamic Judicial Review by Shoaib
Defining Shariʿa The Politics of Islamic Judicial Review By Shoaib A. Ghias A dissertation submitted in partial satisfaction of the Requirements for the degree of Doctor of Philosophy in Jurisprudence and Social Policy in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor Malcolm M. Feeley, Chair Professor Martin M. Shapiro Professor Asad Q. Ahmed Summer 2015 Defining Shariʿa The Politics of Islamic Judicial Review © 2015 By Shoaib A. Ghias Abstract Defining Shariʿa: The Politics of Islamic Judicial Review by Shoaib A. Ghias Doctor of Philosophy in Jurisprudence and Social Policy University of California, Berkeley Professor Malcolm M. Feeley, Chair Since the Islamic resurgence of the 1970s, many Muslim postcolonial countries have established and empowered constitutional courts to declare laws conflicting with shariʿa as unconstitutional. The central question explored in this dissertation is whether and to what extent constitutional doctrine developed in shariʿa review is contingent on the ruling regime or represents lasting trends in interpretations of shariʿa. Using the case of Pakistan, this dissertation contends that the long-term discursive trends in shariʿa are determined in the religio-political space and only reflected in state law through the interaction of shariʿa politics, regime politics, and judicial politics. The research is based on materials gathered during fieldwork in Pakistan and datasets of Federal Shariat Court and Supreme Court cases and judges. In particular, the dissertation offers a political-institutional framework to study shariʿa review in a British postcolonial court system through exploring the role of professional and scholar judges, the discretion of the chief justice, the system of judicial appointments and tenure, and the political structure of appeal that combine to make courts agents of the political regime. -
Pld 2017 Sc 70)
IN THE SUPREME COURT OF PAKISTAN (Original Jurisdiction) PRESENT: Mr. Justice Asif Saeed Khan Khosa Mr. Justice Ejaz Afzal Khan Mr. Justice Gulzar Ahmed Mr. Justice Sh. Azmat Saeed Mr. Justice Ijaz ul Ahsan Constitution Petition No. 29 of 2016 (Panama Papers Scandal) Imran Ahmad Khan Niazi Petitioner versus Mian Muhammad Nawaz Sharif, Prime Minister of Pakistan / Member National Assembly, Prime Minister’s House, Islamabad and nine others Respondents For the petitioner: Syed Naeem Bokhari, ASC Mr. Sikandar Bashir Mohmad, ASC Mr. Fawad Hussain Ch., ASC Mr. Faisal Fareed Hussain, ASC Ch. Akhtar Ali, AOR with the petitioner in person Assisted by: Mr. Yousaf Anjum, Advocate Mr. Kashif Siddiqui, Advocate Mr. Imad Khan, Advocate Mr. Akbar Hussain, Advocate Barrister Maleeka Bokhari, Advocate Ms. Iman Shahid, Advocate, For respondent No. 1: Mr. Makhdoom Ali Khan, Sr. ASC Mr. Khurram M. Hashmi, ASC Mr. Feisal Naqvi, ASC Assisted by: Mr. Saad Hashmi, Advocate Mr. Sarmad Hani, Advocate Mr. Mustafa Mirza, Advocate For the National Mr. Qamar Zaman Chaudhry, Accountability Bureau Chairman, National Accountability (respondent No. 2): Bureau in person Mr. Waqas Qadeer Dar, Prosecutor- Constitution Petition No. 29 of 2016, 2 Constitution Petition No. 30 of 2016 & Constitution Petition No. 03 of 2017 General Accountability Mr. Arshad Qayyum, Special Prosecutor Accountability Syed Ali Imran, Special Prosecutor Accountability Mr. Farid-ul-Hasan Ch., Special Prosecutor Accountability For the Federation of Mr. Ashtar Ausaf Ali, Attorney-General Pakistan for Pakistan (respondents No. 3 & Mr. Nayyar Abbas Rizvi, Additional 4): Attorney-General for Pakistan Mr. Gulfam Hameed, Deputy Solicitor, Ministry of Law & Justice Assisted by: Barrister Asad Rahim Khan Mr. -
Magdalene College Magazine 2019-20
magdalene college magdalene magdalene college magazine magazine No 63 No 64 2018–19 2019 –20 M A G D A L E N E C O L L E G E The Fellowship, October 2020 THE GOVERNING BODY 2020 MASTER: Sir Christopher Greenwood, GBE, CMG, QC, MA, LLB (1978: Fellow) 1987 PRESIDENT: M E J Hughes, MA, PhD, Pepys Librarian, Director of Studies and University Affiliated Lecturer in English 1981 M A Carpenter, ScD, Professor of Mineralogy and Mineral Physics 1984 J R Patterson, MA, PhD, Praelector, Director of Studies in Classics and USL in Ancient History 1989 T Spencer, MA, PhD, Director of Studies in Geography and Professor of Coastal Dynamics 1990 B J Burchell, MA and PhD (Warwick), Joint Director of Studies in Human, Social and Political Sciences and Professor in the Social Sciences 1990 S Martin, MA, PhD, Senior Tutor, Admissions Tutor (Undergraduates), Joint Director of Studies and University Affiliated Lecturer in Mathematics 1992 K Patel, MA, MSc and PhD (Essex), Director of Studies in Land Economy and UL in Property Finance 1993 T N Harper, MA, PhD, College Lecturer in History and Professor of Southeast Asian History (1990: Research Fellow) 1994 N G Jones, MA, LLM, PhD, Director of Studies in Law (Tripos) and Reader in English Legal History 1995 H Babinsky, MA and PhD (Cranfield), Tutorial Adviser (Undergraduates), Joint Director of Studies in Engineering and Professor of Aerodynamics 1996 P Dupree, MA, PhD, Tutor for Postgraduate Students, Joint Director of Studies in Natural Sciences and Professor of Biochemistry 1998 S K F Stoddart, MA, PhD, Director -
Michaelmas 2018
Issue 27 | Michaelmas Term 2018 LAUTERPACHT CENTRE NEWS Contents International Law in the 3 International Law in the Age of Bilateralism - Professor Eyal Benvenisti 6 Centre News Age of Bilateralism 11 Authors’ Workshops at the Centre 12 Fellows’ News LCIL Director Professor Eyal Benvenisti 14 The Eli Lauterpacht Lecture 2018 by Shaheed Fatima QC 16 5 minutes with.... Mr Tomohiro Mikanagi t has become clear that the world’s two major powers – wishing to reshape the international system,” China has a declining hegemon and an emerging one – are poised not rushed to set up multilateral bodies with global reach. 18 Lauterpacht Linked Ito shun multilateral international organisations and Instead, it designs its external relations based on the instead are pursuing webs of bilateral agreements. The “hub and spokes” model, an architecture that allows it to 20 The Eli Lauterpacht Fund Trump administration has clearly asserted its preference maintain supremacy over its numerous partners who are for bilateral deals while dismissing international organi- kept apart from each other. This model characterizes its 22 Conference on the Use of Force in Relation to Sovereignty Disputes over Land Territory sations as taking advantage of US generosity. Trump security arrangements in Asia, and shapes China’s most regards trade deals as inherently ‘adversarial and ze- ambitious economic (and political) initiative, the Belt 23 Inaugural International Law & Arbitration course ro-sum’, and has blatantly disregarded the multilateral and Road Initiative (BRI) that connects China with more trade rules the US had set during the victorious post-Cold than sixty selected partners that are spread across three 24 LCIL Workshop: International Law and Cyber Security War days. -
Mohtarma Benazir Bhutto Vs. President
Case Judgement 23/12/2020, 120 AM P L D 1998 Supreme Court 388 Present: Sajjad Ali Shah, C.J., Saleem Akhtar, Fazal Ilahi Khan, Zia Mahmood Mirza, Irshad Hasan Khan, Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ Mohtarma BENAZIR BHUTTO and another---Petitioners versus PRESIDENT OF PAKISTAN and others---Respondents Constitutional Petitions Nos.58 and 59 and Civil Miscellaneous Applications Nos.805, 935, 806 and 848 of 1996, decided on 29th January, 1997, reasons released on 13th September, 1997. Per Saiiad Ali Shah, C.J.; Saleem Akhtar, Fazal Ilahi Khan, Irshad Hasan Khan, Raja Afrasiab Khan and Munawar Ahmad Mirza, JJ. agreeing: Zia Mahmood Mirza, J. Contra- (a) Constitution of Pakistan (1973)--- ----Preamble & Art.239---Constitution (Eighth Amendment) Act (XVIII of 1985), Preamble---Eighth Amendment to the Constitution has come to stay in the Constitution unless it is amended in the manner prescribed in the Constitution. (b) Constitution of Pakistan (1973)--- ----Arts. 58(2)(b) & 184(3)---Dissolution of National Assembly and dismissal of Prime Minister and the Cabinet by the President under Art.58(2)(b) of the Constitution---Grounds---Validity---President, under Art.58(2)(b) of the Constitution of Pakistan (1973), in his discretion can dissolve the National Assembly where he forms opinion on the basis of material before him having nexus with the Dissolution Order and Art.58(2)(b) of the Constitution that situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and appeal to the electorate is necessary---Once the evil is identified, remedial and corrective measures within the Constitutional framework must follow---Theory of total breakdown of Constitutional machinery as the only ground for dissolution of National Assembly having been rejected in the case of Muhammad Nawaz Sharif v. -
The Role of the International Court of Justice in the Global Community Judge Christopher Greenwood
GREENWOOD - FINAL.DOCX (DO NOT DELETE) 10/19/2011 7:07 PM THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE IN THE GLOBAL COMMUNITY Judge Christopher Greenwood* INTRODUCTION ........................................................................................... 233 I. THE GLOBAL COMMUNITY ...................................................................... 235 II.THE INTERNATIONAL COURT OF JUSTICE ................................................ 241 III.THE SIGNIFICANCE OF THE INTERNATIONAL COURT OF JUSTICE IN THE GLOBAL COMMUNITY .............................................................. 248 CONCLUSION ............................................................................................... 252 INTRODUCTION It is both an honour and a pleasure to be invited to give a lecture here at the California International Law Center. I would like to begin by thanking Professor Diane Amann, the Director of the Center, for her kindness in extending this invitation to me, Ms. Kate Doty, Fellow of the Center, for organizing the visit, and Baber Khan and his team at the Journal of International Law and Policy for editing and publishing the text.1 My theme today is the role of the International Court of Justice in the global community. For just over two years I have had the privilege of being one of the fifteen judges elected by the United Nations to serve on the Court.2 During that period, I have participated in four judgments in inter- * Sir Christopher Greenwood, CMG, QC, has been a Judge of the International Court of Justice since February 2009. Prior to his election to the Court, he was Professor of International Law at the London School of Economics and a Queen’s Counsel, who appeared in numerous cases before the English and international courts. This paper is the revised text of a lecture which he gave at the California International Law Center, University of California, Davis, on March 1, 2011. -
Faisal Siddiqi
Faisal Siddiqi Address: 4th Floor, 14-C, 21st Street Khayaban-e-Seher, DHA Phase VI, Karachi. I. Educational Qualifications: • Bachelor in Arts (B.A.), from the University of Karachi, Karachi [1993 – 1994] • Bachelor of Science (B.S.C.) in Sociology from the London School of Economics & Political Science, London, United Kingdom [1994 – 1998] • B.A. in Law from the University of Cambridge, United Kingdom [1998 – 2000] • Masters of Arts (M.A.) from the University of Cambridge, United Kingdom [2004] II. Professional Qualifications: • Enrolled as an Advocate of the District Courts of Pakistan [2002] • Enrolled as an Advocate of the High Courts of Pakistan [2004] • Enrolled as an Advocate of the Supreme Court of Pakistan [2016] III. Professional Experience: • Associate of Mr. Makhdoom Ali Khan, Senior Advocate and former Attorney General of Pakistan [2000 – 2001] • Associate of Mr. Khalid Anwar, Senior Advocate and former Law Minister of Pakistan [2001 – 2003] • Presently a Partner in the Law Firm,‘MCAS & W Law Associates’ formerly known as ‘Malik, Chaudhry, Ahmed, Siddiqi & Waheed’ [2003 till present] • Former Advisor/Consultant to the Attorney General for Pakistan [August, 2013 to January, 2014] • Appointed as Amicus Curiae by the Honourable Sindh High Court in more than fifteen cases. For example, see cases reported as 2007 Civil Law Cases (CLC) 1358 and Pakistan Law Digest (PLD) 2010 Karachi 182 • Numerous cases reported in Pakistani Law Reports IV. Human Rights Work: • Founder member of the Rasheed Razvi Centre For Constitutional and Human Rights (RCCHR). Website at: www.rcchr.com.pk. • Founder Trustee of the Legal Aid Foundation for Victims of Rape and Sexual Assault. -
SIR CHRISTOPHER GREENWOOD, GBE, CMG, QC Personal
SIR CHRISTOPHER GREENWOOD, GBE, CMG, QC Personal: Born 12 May 1955 (Wellingborough, Northamptonshire). Nationality: United Kingdom. Educated: Raeburn Park School, Singapore Wellingborough School, Northamptonshire; Magdalene College, Cambridge (BA Law (First Class) 1976; LlB International Law (First Class) 1977; MA 1980. College, Squire, McNair and Whewell Scholarships, Cambridge. Middle Temple: joined 1974; Harmsworth Exhibition. Professional Career: Fellow, Magdalene College, Cambridge, 1978-1996 Lecturer, Faculty of Law, Cambridge, 1981-1996 Professor of International Law, LSE, 1996-2009 Called to the Bar (Middle Temple), 1978 Queen’s Counsel 1999 Judge, International Court of Justice, 2009-2018 Judge, Iran-United States Claims Tribunal, 2018 to present Master, Magdalene College, Cambridge with effect from 1 October 2020. Honours: Companion, Order of St Michael and St George (CMG), 2002 Knight Bachelor for services to public international law, 2009 Knight Grand Cross, Order of the British Empire (GBE), 2018, for services to international justice Honorary Fellow, Magdalene College, Cambridge, 2009-2020. Middle Temple: Bencher, 2003; Reader Lent Term 2020 Miscellaneous: Member, UK National Group, Permanent Court of Arbitration Vice-President, British Institute of International and Comparative Law Member, Institut de droit international Publications: International Law Reports, vols 52-188, co-editor with the late Sir Elihu Lauterpacht, QC (vols 82-168) Command and the Laws of Armed Conflict (1993) Essays on War in International Law (2006) Approximately 60 articles and 50 shorter notes and reviews in legal journals Participation as a Judge at the International Court of Justice Obligation to Prosecute or Extradite (Belgium v. Senegal), Order of 26 May 2009 (Provisional Measures), I.C.J. Reports 2009, p. -
In the Supreme Court of Pakistan (Appellate Jurisdiction)
IN THE SUPREME COURT OF PAKISTAN (APPELLATE JURISDICTION) PRESENT: MR. JUSTICE MUSHIR ALAM MR. JUSTICE FAISAL ARAB MR. JUSTICE SYED MANSOOR ALI SHAH CIVIL APPEALS NO.1113 TO 1155 OF 2017 AND CIVIL PETITIONS NO.3124, 387-P, 389-P, 392-P, 393-P, 394-P, 399-P, 400-P, 3027, 3028, 3029, 3030, 3138, 3241, 3259, 3260, 3327 AND 3411 OF 2017 AND 3385 OF 2018 (On appeal against the judgments dated 31.05.2017, 28.5.2019, 9.8.2017, 18.8.2017, 21.8.2017, 11.6.2015 passed by the Peshawar High Court, Peshawar in Writ Petition Nos. 2178-P/2015 & 2729 to 2731, 3056, 3057, 3058, 3081, 3082, 3109, 3110, 3111, 3112, 3113, 3118, 3137, 3157, 3216, 3268, 3297, 3413, 3489, 3890 of 2014, 542, 858, 885, 2160 to 2166, 2179 to 2182, 2164 to 2166, 2179 to 2198, 2210 to 2233, 2254, 2263 to 2265, 2287 to 2290, 2305, 2307, 2308, 2329, 2373, 2466 to 2468, 2533, 2556, 2558. 2575, 2576, 2589 to 2591, 2593, 2606, 2607, 2608, 2723, 2820, 2852, 2870, 3133, 3163, 3496, 3881, 3915, 3974, 4074, 4522 of 2015, 19, 165, 1415, 1757, 3569, 3849 of 2016, 1601, 1650, 1849, 3270-P, 33104-P, 3302-P, 2843-P of 2017, 2293-P, 778-A, 2232-P to 2234-P, 2427-P to 2429-P, 2472-P, 2938-P, 2939-P, 2940-P, 4300-P of 2016, 589-P, 2408-P of 2017, 3085-P/2014) AND CIVIL MISC. APPLICATIONS NO. 20, 86, 812, 813, 814, 815, 1022, 2014 OF 2020 AND 8277, 8278, 8279, 3076, 9149, 9186, 9301, 9305, 9521, 9746, 9844, 10608 OF 2019 AND 8497 OF 2018 AND 5307 & 9153 OF 2017 (Applications for Impleadment) AND CIVIL MISC. -
In the Supreme Court of Pakistan (Original
IN THE SUPREME COURT OF PAKISTAN (ORIGINAL JURISDICTION) PRESENT: Mr.Justice Sh.Riaz Ahmed, HCJ Mr.Justice Munir A.Sheikh Mr.Justice Iftikhar Muhammad Chaudhry Mr.Justice Qazi Muhammad Farooq Mr.Justice Mian Muhammad Ajmal Mr.Justice Syed Deedar Hussain Shah Mr.Justice Hamid Ali Mirza Mr.Justice Abdul Hameed Dogar Mr.Justice Muhammad Nawaz Abbasi CONSTITUTION PETITION NO.15 OF 2002 Qazi Hussain Ahmed, Ameer Jamaat-e-Islami Pakistan Mansoora, Multan Road, Lahore PETITIONER VERSUS General Pervez Musharraf, Chief Executive & another RESPONDENTS CONSTITUTION PETITION NO.17 OF 2002 High Court Bar Association Rawalpindi PETITIONER VERSUS General Pervez Musharraf, Chief Executive & others RESPONDENTS CONSTITUTION PETITION NO.18 OF 2002 Supreme Court Bar Association of Pakistan PETITIONER VERSUS General Pervez Musharraf, Chief of the Army Staff & Chief Executive & others RESPONDENTS CONSTITUTION PETITION NO.19 OF 2002 Nawabzada Nasrullah Khan, President, Alliance for Restoration of Democracy PETITIONER VERSUS The Federation of Pakistan through Secretary to the Government of Pakistan Establishment Division, Islamabad & others RESPONDENTS CONSTITUTION PETITION NO.20 OF 2002 Shahid Orakzai PETITIONER VERSUS General Pervez Musharraf, President of Pakistan & others RESPONDENTS CONSTITUTION PETITION NO.21 OF 2002 Adal Trust through its Managing Trustee Shaikh Mushtaq Ali, Advocate & another PETITIONERS VERSUS General Pervez Musharraf, Chief Executive of Pakistan & others RESPONDENTS CONSTITUTION PETITION NO.22 OF 2002 Syed Zafar Ali Shah PETITIONER -
General Assembly Security Council
United Nations A/72/183–S/2017/621 General Assembly Distr.: General 21 July 2017 Security Council Original: Arabic/English/French/ Spanish General Assembly Security Council Seventy-second session Seventy-second year Item 114 (c) of the provisional agenda* Elections to fill vacancies in principal organs: election of five members of the International Court of Justice Curricula vitae of candidates nominated by national groups Note by the Secretary-General Contents Page I. Introduction ................................................................... 2 II. Curricula vitae ................................................................. 2 Ronny Abraham (France) ........................................................ 2 Chaloka Beyani (Zambia) ........................................................ 4 Dalveer Bhandari (India) ........................................................ 28 Antônio Augusto Cançado Trindade (Brazil) ........................................ 38 Christopher Greenwood (United Kingdom) ......................................... 42 Nawaf Salam (Lebanon) ......................................................... 50 Abdulqawi Ahmed Yusuf (Somalia) ................................................ 53 * A/72/150. 17-12355 (E) 230817 *1712355* A/72/183 S/2017/621 I. Introduction The Secretary-General has the honour to submit to the General Assembly and to the Security Council the curricula vitae of the candidates nominated by national groups for the elections to fill five vacancies on the International Court of Justice. The