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1 – 10 of 553The introduction of the 22 member countries of the 4+10+2+6 model of the Asian economy is the immediate task. Japan, Korea, China, India, Indonesia, the Philippines, Brunei…
Abstract
The introduction of the 22 member countries of the 4+10+2+6 model of the Asian economy is the immediate task. Japan, Korea, China, India, Indonesia, the Philippines, Brunei Darussalam, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Laos, and Myanmar constitute the now-famous 4+10 model. Following the principle of inclusion, Mongolia, Chinese Taipei, Bangladesh, Bhutan, Nepal, Pakistan, the Maldives, and Sri Lanka, as they belong to the regional map of the continent of Asia, are the eight remaining member countries (see Chapter 1). An overview of Asia's 22 member continental economy the AE-22, with its 3.6 billion people (2006) who have made the region of Asia their home in a land area of 20.5 million km2 should be welcome. To put these figures in perspective, the AE-22 comprises only 13.7 percent of the world's land area, but is home to over half the world's population. Tables 2.1–2.4, presented below, illustrate the various figures relating to population, land area, GDP, and GDP per capita of the member nations of the AE-22.
Varying power of judiciaries across South Asia.
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DOI: 10.1108/OXAN-DB233759
ISSN: 2633-304X
Keywords
Geographic
Topical
– The purpose of this paper is to analyze the current state of corruption in Pakistan and evaluate attempts by the government to combat its entrenched corruption culture.
Abstract
Purpose
The purpose of this paper is to analyze the current state of corruption in Pakistan and evaluate attempts by the government to combat its entrenched corruption culture.
Design/methodology/approach
The paper shows that Pakistan’s legacy of British colonial rule, its ethno-linguistic conflict and alternating civilian governments and military coups have weakened institutional capabilities, hindered capacity building and allowed systemic corruption to flourish there. Pakistan’s many anti-corruption efforts failed because they were used to attack political foes instead of strengthening institutional capabilities.
Findings
Pakistan has maintained its highly authoritarian form of governance inherited from the British in 1947. The ruling elite view the state as a milch cow for their personal enrichment and this attitude is also reflected in the performance of its bureaucracy. Existing rules of conduct and administration are not enforced as citizens encounter corruption in their dealings with officials. At the policy level, key decisions are often made to benefit the decision makers. The paper concludes that without political will no significant improvement in the state of corruption in Pakistan is likely to occur.
Originality/value
This paper will be useful for scholars, policy-makers and anti-corruption practitioners who are interested in corruption in Pakistan and whether the apparent institutionalization of parliamentary democracy has reduced corruption there.
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Pranab Kumar Panday and Awal Hossain Mollah
The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the…
Abstract
Purpose
The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day.
Design/methodology/approach
The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.
Findings
The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.
Practical implications
This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.
Originality/value
The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.
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Muhammad Saleem Korejo, Erum Naseer Korejo, Ramalinggam Rajamanickam, Muhamad Helmi Md. Said and Nazir Ullah
This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is…
Abstract
Purpose
This paper aims to provide an analysis of National Accountability Ordinance 1999 (NAO) after June 2022 amendments. It raises a key question whether the new legislation is effective and improves anti-corruption operating system in Pakistan.
Design/methodology/approach
This paper performs an analysis of recent amendments incorporated in NAO from the observations of superior courts, United Nations Corruption Convention and Financial Action Task Force (FATF) guidelines and also evaluates new legislation in terms of effectiveness in anti-corruption campaign.
Findings
This paper finds that ample amendments are inessential, and thus may largely jeopardize accountability process; changes appear to be intentionally crafted to benefit some selected group of people: the definition of asset is compressed; the onus of proof is shifted on the informer; and provisions of money trail, foreign evidence and protection of approver are abolished; such changes defy to the UN Corruption Convention and FATF guidelines. A legislation endorsed from all stakeholders is suggested; additionally, improved strategies proposed to strengthen accountability process while keeping in view the constitutional issues relevant in the course of anti-corruption investigations.
Originality/value
This paper is unique in the context of the anti-corruption strategies in Pakistan, highlighting the legal laxness of new government regarding corruption and money laundering.
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Ghalib Khan, Rubina Bhatti, Amjid Khan and Rahim Jan
The purpose of this study is to suggest strategic-based measures for improving the current situation of academic law libraries in Khyber Pakhtunkhwa, Pakistan.
Abstract
Purpose
The purpose of this study is to suggest strategic-based measures for improving the current situation of academic law libraries in Khyber Pakhtunkhwa, Pakistan.
Design/methodology/approach
Using a survey method, this study attempted to explore a strategic-based measure for improving academic law libraries in Khyber Pakhtunkhwa. Data were collected from 43 respondents through semi-structured interviews, including library and information science professionals, academicians and administrative officers of the affiliation awarding institutions and principals of the law colleges.
Findings
Based on the interview findings, the study found that most of the law colleges do not pay attention towards the development of their institutional libraries. Outdated collections, scarcity of information and communication technologies and budgetary issues, inactive roles of regulating bodies and professional associations, limited roles of professional library staff, limited access to the Higher Education Commission digital library, absence of proper library setup and moral obligations and responsibilities of institutional administrations towards the development of academic law libraries were the main challenges.
Research limitations/implications
The scope of this paper covers Constituent Law College of the University of Peshawar and its 18 affiliated law colleges (Total 19), and the geographical area is restricted to the province of Khyber Pakhtunkhwa. The scope of this paper can be extended to additional private and public sector universities in Pakistan, as well as abroad.
Originality/value
This study is the first of its kind in Pakistan which will help the stockholders of affiliated and affiliation granting institutions to improve the current situation of academic law libraries in the province of Khyber Pakhtunkhwa. The study presents a number of suggestions for the improvement of academic law libraries, which may be of value to the local institutions and developing countries with similar situations.
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The main objective of this paper is to highlight the main features of interest‐free banking theory and practice in Pakistan over the last three decades. It explores the…
Abstract
Purpose
The main objective of this paper is to highlight the main features of interest‐free banking theory and practice in Pakistan over the last three decades. It explores the country‐wide interest‐free banking movement since its inception in 1980 to its demise in 2002, and the reasons for such outcome. Moreover, it addresses the question why interest‐free banking has been recently reinstated by the government of Pakistan under the dual banking system and more importantly, would it be any real and big success?
Design/methodology/approach
The paper explores concepts, model, strategies and practical issues related with the Islamic banking and finance system. It holds a conceptual approach. It is designed as a case study that provides comprehensive analysis over the contributions made by political, government, financial, legislative and religious institutions of Pakistan in setting‐up the interest‐free banking and finance system in the country.
Findings
The findings of the paper hold that all intellectual, practical, institutional, political, constitutional and regulatory measures undertaken by the government and top policy makers of Pakistan to transform the banking system of the country Shariah compliant were devoid of real urge and effectiveness, only piecemeal solutions. The interest institution got very firm roots in the financial sector of Pakistan and strongly supported by other exploitative agents and systems that prevail in the socio‐economic life of the country. There is a dire need to take revolutionary steps with strong political and public support and commitment to uproot interest along with its allies from Pakistan economy and society. After all, Pakistan is an ideologically‐based Muslim country that holds the constitutional responsibility to eliminate interest from its economy and establish a fair and just socio‐economic order.
Research limitations/implications
The paper envisages the main concepts, models and strategies adopted in implementing the Islamic economic and finance system in Pakistan. However, it does not deal in quantitative data and statistical tools to support its findings by empirical evidence. Rather it entails subjective analysis and critique work.
Originality/value
The paper provides the deeper insight of highly technical, complex and mammoth job of eradicating interest from Pakistan economy that was deeply rooted and also strongly supported by other exploitative forces prevailing in the socio‐economic life of the country, causing gross distribution of wealth and concentration of resources and powers in the hands of few. It explains that the need for a major change in one institution or system entails the demand for bringing radical changes in the whole set‐up of country. This paper undertakes longitudinal view to analyze the institutional, financial, judicial and political developments that took place in Pakistan to restructure its economy on Islamic lines. It lays down all relevant facts and issues systematically to provide a clear‐cut assessment over the past, present and future of interest‐free banking movement in Pakistan.
Abstract
Purpose
Comparison.
Design/methodology/approach
Qualitative, Analytical.
Findings
The paper will suggest where the Pakistani legislation will have to be amended without affecting the core subject of the transgender rights in Pakistan.
Originality/value
Novel idea of comparing Pakistani law with an identical Indian law on transgender has been proposed.
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Several recent statistical analyses provide overwhelming evidence for substantial injustice in immigration court decisions. Writers also explored the data for evidence of bias…
Abstract
Several recent statistical analyses provide overwhelming evidence for substantial injustice in immigration court decisions. Writers also explored the data for evidence of bias. Several ended with recommendations for more legal training for judges and more professional appellate review. These recommendations assume that the problem is in the interpretation of the law and conduct of the trial. My own experience has been that there is actually a greater problem in the interpretation of facts, at several levels. Courts provide for translators, but merely verbal translation is not enough. Cultural translation is required. In this chapter I illustrate what cultural translation is with instances from five different asylum cases that I have been involved in as an expert witness. I conclude with recommendations to support better use of this kind of information.
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Demands for new provinces in Pakistan.