Overview The Judiciary plays an important role in implementing and promoting international law within the Pakistani legal framework. Domestic courts that openly engage with international law in their judgments provide fertile ground for the interpretation and evolution of the state’s own law. It is thus pertinent to recognize the role of the Judiciary in the…
International Law Defined International law as it is used in this Guide refers specifically to public international law i.e., the set of legal rules that govern international relations between public bodies that include states (i.e. Pakistan) and international organizations (i.e. the United Nations).[1] The narrowest understanding of international law thus reflects a set of obligations…
Sources of International Law For the purposes of this Guide, International law is the set of agreements, treaties, norms, rules and standards which relate to relations between nations and are binding on them. Article 38 of the Statute of the International Court of Justice (ICJ), the primary judicial body within the United Nations system,…
Reading and Interpreting International Conventions International Conventions are the most significant source of international law due to which special rules apply in order to ascertain the scope and binding nature of the provisions of conventions. At its core, a convention is a special contract – governed by special rules of construction. In order to…
The Protection of Human Rights and the Domestic Rule of Law Human rights have been widely defined as being rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Everyone is entitled to these rights, without discrimination. These rights are interrelated, interdependent and indivisible. Internationally, human…
International Human Rights at the Domestic Level Legal Framework in Pakistan: Article 268(7) of the Constitution of Pakistan Pakistan’s existing legal framework is articulated by Article 268(7) of the Constitution, which states that “all laws (including Ordinances, Orders-in-Council, Orders, rules, by- laws, regulations and Letters Patent constituting a High Court, and notifications and…
Role of the Judiciary in upholding International Law It is rightly stated that the domestic judiciary, while free in the State, is not free from the State.[1] It is, therefore, critical to understanding that all three arms of the State – Legislature, Executive, and Judiciary play a role in upholding Pakistan’s international obligations. In the…
The Application of International Law by the Superior Judiciary of Pakistan This role of the Judiciary is reflected in the progressive attitude of the Supreme Court and High Courts of Pakistan towards the application of internationally recognized human rights. The Superior Courts have taken a liberal approach towards the implementation of international law in the…