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The purpose of this chapter is to examine how the broader characteristics of Pakistan’s public policies reflect Islamic law, how the financial crime rate has been affected by policy rules, and if the policies do indeed reflect Islamic law, how do they help the process?

It is a qualitative exploratory study where structured interviews have been conducted with experts and practitioners in Islamic Ideological Council and Parliament.

The findings constitute a threadbare discussion of financial crimes which policy takes into account under Islamic law; along with the relevant ramifications and recommendations.

It is suggested that the laws of Pakistan be studied taking Shariah density into consideration. Future research can focus on implementation of laws and policies as a factor improving governance.

This study is pertinent because financial crimes in light of Islamic law and public policy are not discussed in detail in previous research.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

This chapter examines the conundrum of juvenile immigration law and policy and argues that it is a present-day manifestation of “child-saving” in rhetoric, disposition, and human capital harm. In support of this thesis, the chapter reviews the pertinent human rights, law, and social science evidence, and it concludes that the maintenance of the nation’s existing immigration policy only makes sense within the context of the intentions of the 19th century child-saving movement. To substantiate this view, the political-economic drivers of contemporary US immigration policy (i.e., its child-saving dynamics) are explored. The chapter concludes by speculatively addressing the character (i.e., the form and quality) of modern-day juvenile immigration policy as child-saving informed by the philosophy and criticism of Psychological Jurisprudence (PJ).

Every employer, unless he or she has no pool of applicants or potential applicants to choose from, engages in hiring choices. While the hiring process may vary, both from one employer to another and from one job to another, some form of screening occurs. In recent years, students of management have noted the proliferation of screening practices in the hiring process, especially in bringing new technologies such as medical and drug testing procedures. Testing and other screening practices, while wide‐ranging both with respect to their ends and means, have raised consistent patterns of concern among job‐seekers, public policy makers and managers themselves. In this monograph a variety of methods of screening and issues of public policy raised by screening procedures are discussed. An overview of United States law regulating the screening process is provided, together with future directions in the area of screening in the US.

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the public. Organized advocacy by youth also informs and animates policy development. One recent example fosters youth organizing to promote “normalcy” in child welfare practices in Florida, and in related federal legislation.

The purpose of this paper is to analyze the specific legislative and judicial approaches of each of the BRICS countries toward recourse to public policy exception in the context of recognition and enforcement of foreign arbitral awards. Further, it points out the critical areas which need immediate attention to make these countries attractive destinations for parking of investments by international parties.

The study is a conceptual paper that provides knowledge of the critical areas which needs immediate attention to make BRICS countries attractive destinations for parking of investments by international parties. The first part of the paper examines a guide map to the international business community to devise their dispute adjudication strategies before committing investments in any of BRICS economies. The second part examined the variegated notions of the concept of public policy exception and the existence of differences in judicial approaches. The next parts analyzed the specific legislative and judicial approaches of each of BRICS countries toward recourse to public policy.

The BRICS countries need to spell out the universal principles applicable to construing the notion of public policy. It would reduce conflicts between national laws and help the municipal courts in determining the issue of enforceability of foreign awards by reference to a common yardstick. Hence, until a harmonized approach to public policy toward foreign awards is developed at an international level, the BRICS countries may take initiative to set up an inter-regional arbitration council to resolve intricate cases occurring in the field of application of public policy exception to foreign arbitral awards.

The paper is an original work of the author.

Party autonomy is a core tenet of the arbitral process which bestows certain contractual freedoms upon the disputing parties. This paper aims to utilise both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice.

Party autonomy is a core tenet of the arbitral process, which bestows certain contractual freedoms upon the disputing parties. However, in spite of its appeal as an unfettered right, it has been challenged by an array of exceptions that have rendered it largely unqualified in international commercial arbitration. This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Furthermore, approaches to party autonomy in two distinct legal systems, the Common law system in England and Sharia law in Saudi Arabia, are examined to ascertain the extent to which party autonomy has been hindered by these exceptions.

Arbitration continued to grow throughout the forgone centuries, with key philosophers, such as Aristotle, advocating the advantages of arbitration over litigation. In addition, the emergence of party autonomy occurred in the sixteenth century, with Dumoulin proposing that the parties’ will in contracts is sovereign. Thus, party autonomy began to develop into a significant aspect of contract law, which plays a pivotal role in arbitration. This is because the principle has its roots in the autonomous will of the parties to conduct the arbitral process as they wish. The paper explored the debate regarding party autonomy and its development into the contemporary world of arbitration. It examined its origins and how it has grown into the core fabric of arbitration today. Emphasis was provided in relation to the nature of the principle, which was highly relevant to the debate. This is because it is vital to appreciate issues such as freedom of contract to have a deeper insight into the principle and what it entails. The limitations of party autonomy were extensively examined, and the public policy exception was found to construe narrowly by a vast number of States. As a result, it was suggested that the exception should be more than merely a theoretical defence. Thus, it should be exercised where enforcement of an arbitral award would disregard unjust or improper results. Furthermore, the natural justice principle was observed as a double-edged sword that protected the parties in the arbitral process. However, it also hampered the effectiveness of party autonomy by impeding upon the parties’ freedom to contract, which ultimately limited the principle. Thus, it is concluded that the principle of party autonomy is not absolute. While it would be desirable if it was, certain issues cannot be resolved so easily. Limitations to party autonomy have existed since its inception and are most likely to continue. Although this is not the ideal situation for proponents of autonomy, it nevertheless appears to be the case. However, it is proposed that limitations to party autonomy should be chipped away as much as possible. This would enable the autonomy of the parties to be upheld at a much higher rate.

This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. Secondary sources were also used.

In April 1988, the National Reference Center for Bioethics Literature (NRC) (see sidebar) published “AIDS: Law, Ethics and Public Policy.” As part of the NRC's Scope Note Series, the paper offered a current overview of issues and viewpoints related to AIDS and ethics. Not meant to be a comprehensive review of all AIDS literature, it contained selected citations referring to facts, opinion, and legal precedents, as well as a discussion of different ethical aspects surrounding AIDS. Updating the earlier work, this bibliography provides ethical citations from literature published from 1988 to the present.

This chapter considers overlapping legal and policy issues related to hate crimes, summarizing the problem with an emphasis on societal responses. The theoretical insight that law can be understood as an expression of societal values is combined with an emphasis on the empirical study of law in action. The approach taken is theoretical and conceptual in nature, but is also informed by relevant case law and various empirical studies and is concerned to suggest how hate crime research can address issues of both theoretical and policy significance by analyzing how hate crime law is practiced. Some of the findings are that hate crime law can be seen to express values in a wide variety of settings and to express values intentionally, neither of which has been properly acknowledged to date. It is important for public policy analysis and practice as well as for theory development to acknowledge the limitations of both rational choice/deterrence approaches and moral education theories in the hate crime policy domain. Instead of understanding criminal law as a type of threat or type of instruction, in the case of hate crimes the law may be practiced and evaluated most realistically without assuming that hate criminals will be attentive to potential legal sanctions or amenable to moral education. The discussion includes elements of literature review, policy debate, theoretical analysis, and methodological reflection suggesting how hate crime law can be analyzed as expressive law in action, providing material relevant for students, theorists, policy-makers and analysts, and researchers.

Western liberal states are considered to be secular in nature, with a presumed neutrality of state laws from religious values and norms. However, this claim overlooks the inherent influence that religious groups (namely, dominant Christian churches and groups) have as informal institutions. According to neo-institutionalists, informal institutions, like these religious norms and values, interact with and influence formal state institutions. As such, it could be argued that the norms and values of dominant religious groups within the state have a role in shaping governmental policies and the law. This is evident when examining the debates around multiculturalism and religious freedom that arise in liberal democratic states such as Australia, Canada, and the United Kingdom (UK). In particular, the recent Sharia debates that have arisen in each of these jurisdictions illustrate that the secular state legal system is often positioned as “neutral” and free from religious influence – and thus incompatible with, and unable to, accommodate the religious orders of minority groups. However, this idea that the state is entirely free from religious values is a fallacy that ignores the historical role and influence of Christian churches in each state. In opposing the accommodation of Sharia in private dispute resolution, common arguments include the inherent patriarchal nature of the religion leading to further oppression and disadvantage of Muslim women when seeking resolution of personal law matters (i.e. divorce and property settlements). The secular state law is positioned against this (and religion more broadly) as the “fair” and “just” alternative for minority women – protector of individual rights. Though this ignores the inherent gender hierarchies embedded within formal state institutions, including the legal system that has been implicitly shaped by religious moral values to varying degrees – where minority women are also faced with a set of gender biases. When combined with the internal pressures from their communities and families this can often place them in a double-bind of disadvantage. In this paper, I draw on feminist institutionalism to examine the informal institutional norms that arise from dominant Christian churches in Australia, Canada, and the UK. In particular, the ways in which these informal norms have influenced the development of state laws, and continue to operate alongside the legal system to shape and influence governmental policies, laws, and ultimately the outcomes for Muslim women.