Case Brief on the South China Sea Arbitration between the Republic of the Philippines and the People’s Republic of China by the Permanent Court of Arbitration
by Abeer Mustafa, Research Associate, RSIL SOUTH CHINA SEA ARBITRATION (PCA Case Number 2013–19) Between The Republic of the Philippines and The People’s Republic of China Before An Arbitral Tribunal Constituted Under Annex VII to the United Nations Convention on the Law of the Sea 1982 Registry: Permanent Court of Arbitration Date of Award: 12 July 2016  Preface The South China Sea has, especially in contemporary times, emerged as a region of great interest to global players, in terms of strategic and economic interests of the competing States.
by Minahil Khan, Research Associate, RSIL Detention Detention is the deprivation of the right to liberty and under Article 9 of the Constitution of Pakistan, no person can be deprived of his right to life and liberty save in accordance with law. An individual’s right to liberty can thus only be taken in accordance with the grounds and procedure established by the law. This article explores the rampant use of detention under the various instruments available under the law before the framing of a formal criminal charge.
by Sahar Haroon, Research Associate, RSIL Autonomous weapon systems (AWS) may be understood as belonging to two distinct categories: semi-autonomous and fully autonomous. The difference between these groups is based on the extent of interference with them by a human operator.
by Zainab Mustafa, Research Associate, RSIL Context Pakistan has been ranked as the third most dangerous place in the world for women. Gender Based Violence (GBV) in Pakistan has its roots in a patriarchal social structure under which women are considered inferior to men and are viewed as property. Illiteracy, ignorance and blind faith in clergy provide a fertile ground for the maintenance of the status quo, and encourages this extreme form of patriarchal society.
by Hafsa Durrani Gender neutrality within rape laws aims at recognizing that both men and women can be the victims of rape as well as its perpetrators. However, the existing rape laws within Pakistan are far from being gender neutral as they have been drafted within the traditional male-on-female rape framework. The legal language employed by draftsmen not only shapes the law but also the mindsets of the public and how they perceive what rape is.
Jamal Aziz, Executive Director, RSIL and Oves Anwar, Director, RSIL Published in 28th May, 2017 The International Court of Justice’s order in the Kulbhushan Jadhav case resulted in a media frenzy on both sides of the border. In Pakistan, the order caused despondency and despair amongst politicians and the public alike. The Indian media, in classic fashion, claimed India’s total victory, and that Jadhav’s release was just around the corner.
By Oves Anwar, Director, RSIL Understanding the Jadhav Case 17th May, 2017 On Monday, both India and Pakistan presented oral arguments on provisional measures before the ICJ in the Jadhav Case (India v. Pakistan). The case has generated considerable debate as well as much confusion.
Jamal AzizExecutive Director RSILPak-India relations are once again at a low point. The recent violence in Kashmir has raised tensions on both sides, and has once again highlighted how the Kashmir dispute remains the biggest obstacle to normalizing relations between India and Pakistan.A major flashpoint is the apprehension of Kulbhushan Yadav, who subsequently confessed to carrying out various terrorist activities in Balochistan and Karachi at the behest of India’s Research and Analysis Wing.
Ahmer Bilal Soofi, President, RSIL Edited by Jamal Aziz, Executive Director, RSIL The contemporary world order has profoundly altered the traditional notions of effective conduct of diplomacy. Today, intelligent state-craft includes strategic use of new and creative forms of diplomacy to settle disputes in the international system and achieve foreign policy objectives. Now consider, for example, the current diplomatic impasse between India and Pakistan.