Over the past couple of weeks, we have been constantly hearing the Indian bluster about unilaterally withdrawing from the Indus Waters Treaty. Pakistan’s categorical response has been that India cannot unilaterally withdraw from it. Can India counteract Pakistan’s claim and assert that it has the right to unilaterally withdraw from this treaty? If so, what rights and remedies does Pakistan have in case of a unilateral Indian withdrawal?
Based on a review of the treaty,Read More →
We have been hearing news of the Pakistan government’s efforts to reach a settlement with the Tethyan Copper Company (TCC) in connection with the Reko Diq matter involving copper and gold reserves worth billions of dollars. International arbitration proceedings before the International Center for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce tribunals are ongoing in this matter. More than two years after the Supreme Court declared the agreement with the TCC illegal,Read More →
In the past few years, Pakistan has been involved in international arbitral proceedings in connection with a couple of important international commercial and investment disputes including the Reko Diq and the Rental Power Plants (RPP) cases. One striking aspect of the discussions and analyses of these proceedings has been the glaring lack of even elementary knowledge of the substantive and procedural issues related to international arbitration. In view of the high stakes involved in these proceedings,Read More →
According to a recent news report, China has demanded that all mega power projects, including the Bhasha Dam, the Gadani and Lakhra coal plants, the Tarbela extension project and several transmission lines be handed over to China without any competitive bidding in exchange for a $22 billion dollar Chinese investment in Pakistan. Surprisingly, it was also mentioned in this report that the Pakistani government is seriously considering this offer and is contemplating either using a loophole in Pakistan’s public procurement rules or amending these rules to close the deal.Read More →
EARLIER last month, a three-member bench of the Supreme Court headed by Chief Justice Iftikhar Chaudhry declared null and void the Reko Diq gold and copper mine agreement, the Chagai Hills Exploration Joint Venture Agreement (CHEJVA), with Tethyan Copper Company (TCC).
In view of the sheer value of the stakes involved (estimated to be in the billions of dollars), is it time to rejoice over yet another judgment of the Supreme Court that is ostensibly aimed at protecting our country’s natural resources from “exploitation” by a foreign entity?Read More →
I recently attended a conference in Lahore on clinical and experiential legal education, where speakers talked about the advantages of these clinics. The primary objective of these legal clinics is to train law students in different practice areas to enable them to acquire and hone practical legal skills so that they hit the ground running once they graduate from law school. One of the speakers talked about a legal clinic at a prestigious American law school,Read More →
The blasphemous video, “Innocence of Muslims” has riled Muslims around the world and has, once again, sparked the debate over the issue of whether or not a person should have the right to express him or herself in a way and to an extent that he/she likes.
Cyberspace has added another dimension to this debate with social networking websites like Facebook and Twitter enabling people to have their expression,Read More →
The prime minister’s conviction is considered a giant step forward in terms of Pakistan’s strong and independent judiciary’s exercising powers without fear or favour. To this extent, the Supreme Court certainly has set a good precedent for the powerful, influential and corrupt politicians of Pakistan. However, in light of the prime minister’s rather symbolic punishment, the outcome was not a good one.
While sentencing an accused, even after the mitigating factors have been accounted for,Read More →
Recently, while hearing the Reko Diq matter, the Supreme Court directed the Balochistan government to request the International Chamber of Commerce and the International Centre for Settlement of Investment Disputes to take no further action in the arbitration proceedings while the matter is pending before the Supreme Court. By passing this Order, the Supreme Court affirmed that it has jurisdiction and the power to decide the validity of an agreement between a government entity,Read More →