UCP Journal of Law and Legal Education (UCP-JLLE) is a HEC-recognized (Y-Category) Research Journal. UCP Journal of Law and Legal Education (UCP-JLLE) is a peer-reviewed, bi-annual, and open-access journal, published by the Faculty of Law (FoL), University of Central Punjab (UCP). The journal aims to publish research articles in the domains of legal academics, research comparisons of various laws and their application with that of Pakistan laws. The editorial and advisory boards of the journal are comprised of notable law academics, scholars, judges and members of Bar Councils from Pakistan and around the World. ISSN Numbers: 2958-065X (Print), 2959-8710 (Online)
GDPR Standards and Pakistan's Digital Economy: Analyzing the GapBetween Compliance Requirements and Enforcement Capacity
The digital economy of Pakistan is facing a major issue in aligning with General Data Protection Regulation requirements, and the gaps in compliance requirements and enforcement capabilities are critical in this case. Such issues as the lack of proper legislation to protect data, insufficient equipment, lack of regulatory control, and ignorance among companies about international data protection standards are amongst the main challenges. The lack of an extensive data protection system in line with the GDPR poses obstacles to business operations in Pakistan that want to transact with the European Union markets. Also, limited resources of regulatory agencies, inadequate enforcement mechanisms, and a lack of understanding of data privacy law only worsen such issues. Small and medium businesses are the ones that are more impacted by the difference between compliance capacities, as they are not in a position to comply with the GDPR requirements financially and technically. Although Pakistan is taking the right steps in data protection by passing the Personal Data Protection Bill, there is still a significant gap in the realisation of the law, the ability to implement it, and the compatibility with international standards, which is an essential issue for the competitiveness of the digital economy and the protection of citizen data in the country.
Copyright (c) 2026 UCP Journal of Law & Legal Education https://creativecommons.org/licenses/by/4.0
Admissibility of Artificial Intelligence-Based Evidence in Pakistan: Legal Standards and Judicial Responses
Integrating Artificial Intelligence (AI) in the judicial system has introduced transformative possibilities, particularly in evidence generation and analysis. This paper critically examines the admissibility and legal standards of AI-based evidence in Pakistani courts, employing the doctrinal research methodology. The study systematically analyses primary and secondary legal sources, including the Qanun-e-Shahadat Order, 1984, statutory provisions, judicial precedents, and scholarly interpretations, to evaluate how Pakistan’s legal framework accommodates AI-based evidence. The research identifies gaps in existing laws regarding the principles of reliability, authenticity, and relevance when dealing with AI-based evidence. The study also investigates the challenges posed by algorithmic biases, lack of transparency in AI processes, and technical complexities, which can hinder the fair evaluation of such evidence. Furthermore, analysis of global best practices such as those in the United States, the United Kingdom, etc., highlights the need for specific legislative and procedural reforms in Pakistan. The findings show how AI may hold great potential for improvement in evidence accuracy and efficiency, but that the Pakistani judiciary needs specific guidelines on its admissibility and value. The paper presents recommendations for the adoption of best practices, including AI literacy and judicial training, on requisite safeguards against its misuse for protecting due process rights. Hence, this paper contributes to the discourse on AI and law by advocating for a balanced approach that embraces technological innovations while safeguarding judicial integrity and due process in Pakistan.
Legal Framework for Cryptocurrency in Pakistan: Economic Potential vs. Regulatory Challenges
The transmogrification of cryptocurrencies has impacted global financial systems in the past two decades. It has created vast economic opportunities, and it also comes with vast regulatory complexities. Currently, cryptocurrency remains a subject of debate in Pakistan because there are no standard laws governing its use, which could provide robust support for its role as an economic enabler. In this regard, this paper first discusses the legal framework encompassing cryptocurrency in Pakistan. The primary goal of this research is to examine the potential of cryptocurrencies to grow and develop the Pakistani economy through the areas of financial inclusion, foreign investment attraction, and the development of a digital economy. The paper also addresses key challenges surrounding cryptocurrency in Pakistan, including the high probability of money laundering, terrorist financing, tax evasion, and the unpredictability of the price of cryptocurrencies; cross-border challenges, including the enforcement of rules in different jurisdictions, and the possibility of illicit activities performed through cryptocurrency. A doctrinal methodology was employed within this research. It involved analysing statutory materials, including statutes, journals, policy documents, and international best practice, to identify if integration of cryptocurrencies into the formal financial system of Pakistan could be feasible. Lastly, the paper suggests some recommendations that aim at enhancing the future of cryptocurrency and protecting the emerging digital economy from cyber threats.
Asylum Under International Law: An Essay
This article reflects on man's quest for peace through seeking safe passage in the hour of need, which the religious, political, or racist genocides may trigger. International law proclaims that these rights can’t be rejected. Article 3 of the Territorial Asylum 1967, 146 countries vowed in writing to the responsibility for people under persecution, and many non-signatories of the treaty still allowed people in, though the principle of non-refoulement doesn’t bind them. This research employs doctrinal research methodology. The study explores how international law, through the United Nations High Commission for Refugees (UNHCR), protects the right of peoples to seek asylum. The right can be traced back to the Treaty of Lagash and ‘The Hittite Treaty’ of 1274 BC, with the 1951 Refugee Convention and the 1967 Declaration of Territorial Asylum proving to be important milestones. Some states have strict policies regarding refugees, ultimately denying the safe space to individuals under the threat of persecution, which in turn poses a threat to peace. It is suggested that moderate policies should be adopted, and states with better economic conditions should accommodate refugees more than states with an unstable economy.
Copyright (c) 2025 UCP Journal of Law & Legal Education https://creativecommons.org/licenses/by/4.0
Digital Colonialism: Big Tech's Impact on Pakistan and the Global South
This paper analyses digital colonialism as a contemporary form of neocolonialism, with emphasis on its impact on Pakistan’s data governance and cybersecurity framework. It investigates how multinational technology corporations, backed by international institutions, shape regulatory structures, deepen economic dependency, and erode national sovereignty in the Global South. The study employs a doctrinal legal approach, supported by a comparative analysis of international instruments and domestic statutes. Pakistan’s Personal Data Protection Bill 2023 and the Prevention of Electronic Crimes Act 2016 are critically evaluated against benchmarks such as the European Union’s General Data Protection Regulation and India’s Digital Personal Data Protection Act 2023. Primary and secondary sources, complemented by expert insights, inform the assessment of enforcement capacity, institutional design, and compliance with global norms. Findings indicate that Pakistan’s legal regime remains fragmented and weakly enforced, leaving it vulnerable to surveillance capitalism, unregulated cross-border data flows, and tax avoidance by Big Tech. The Digital Nation Pakistan Act 2025, while ambitious, further illustrates regulatory incoherence by prioritising state control over user rights and omitting safeguards comparable to international best practice. The paper contributes to legal scholarship by situating Pakistan’s experience within a Third World Approaches to International Law framework, showing how global trade and regulatory regimes reinforce asymmetries. It concludes with policy reforms aimed at strengthening privacy protection, enhancing enforcement, and advancing digital sovereignty.
Privacy and Surveillance: Legal and Technical Perspectives
Privacy and surveillance pose complex challenges at the intersection of law, technology, and human rights. In Pakistan, constitutional guarantees such as Article 14 safeguard individual dignity and privacy, yet existing statutes and institutional practices remain fragmented and fall short of international standards. This paper addresses this gap by conducting a doctrinal and comparative legal analysis of Pakistan’s surveillance framework, focusing on the Investigation for Fair Trial Act 2013, the Prevention of Electronic Crimes Act 2016, and related judicial precedents. Using necessity, proportionality, legality, oversight, and remedies as evaluative rubrics, the study finds that Pakistan’s current framework permits broad executive discretion, lacks adequate judicial oversight, and struggles to balance state security with civil liberties. The paper contributes by proposing structured reforms, including codified warrant procedures, independent oversight mechanisms, and a staged national AI and cybersecurity strategy to align Pakistan’s legal framework with global human rights standards.
Gendered Dimensions of Cyber Security: Risks, Impacts, and Solutions in The Digital Era
Cybersecurity, a foundation stone of the digital age, affects individuals across all demographics, yet its connection with gender is often unnoticed. From online harassment to cyber-stalking, from cyber-bullying to hate speech, from threats to image-based abuse, from revenge pornography to discrimination, women and other marginalised genders experience heightened risk of cybersecurity. This research focuses on the unique sensitivity these groups face in the digital era, highlighting the sociocultural and systemic factors that worsen their exposure to online platforms. Initially, the paper explores the prevalence and forms of gender based online harassment, analysing its psychosomatic, social, and professional impacts. The study examines how the digital divide and the lack of comprehensive cybersecurity policies contribute to these challenges, drawing on the experiences, perceptions, and responses of vulnerable groups to online risks. The paper also suggests that various stakeholders, including governments, tech companies, and civil society organisations, adopt precautionary and receptive strategies to create safer online atmospheres. Comparative analyses of case studies from different countries and legal systems enlighten the best practices and persistent gaps in resolving this concern. The researchers used doctrinal methodology, relying on both primary and secondary sources. This study aims to contribute to the universal discourse and thoughtful understanding of cybersecurity and to inform strategies to enhance digital safety, equity, and inclusion.
Cross-Border Cybercrime Investigations: Legal Challenges and The Impact of Distinct National Laws on Digital Evidence and Admissibility
Cybercrime has evolved into a worldwide surge that poses a threat to law enforcement agencies. Transnational operations and procedural gaps constrain states. There are traditional approaches like the Mutual Legal Assistance Treaties (MLATS), but they have proved outdated in the modern cyber investigation global regime. Divergence in national laws hinders the effective execution of a multilateral and universal approach on a global level. These data breaches and insecurities can threaten a state’s sovereignty and can exacerbate capacity deficits. This research paper examines these legal and practical barriers to cross-border cybercrime investigation with a focus on the collection, preservation, transfer, and admissibility of digital evidence. Key questions discuss the impediments to developing mutual strategies and the admissibility of digital evidence, limitations to existing instruments like the Budapest Convention, which are significant to address in the modern regime. A qualitative doctrinal approach has been used, and an in-depth analysis has been made of legal instruments (including the Budapest Convention and its Second Additional Protocol), national laws, court cases (e.g., the 2018 Microsoft Ireland case), institutional reports (UNODC, INTERPOL), and scholarly literature. The paper recommends full ratification and domestic harmonisation of the Budapest Convention and its Second Additional Protocol, accelerated shifts from MLATs to direct access frameworks with timelines, enhanced public-private partnerships, substantial capacity-building investments (especially in training and forensics), and diplomatic efforts to bridge geopolitical divides
Enhancing Legal Frameworks to Address Cybercrime in the Digital Age: A Critical Perspective
Digital technology has progressed so fast that it delivers new possibilities, but also supports more sophisticated cybercrime. The present paper scrutinises the efficiency of the existing legal frameworks in working with cybercrime. It applies a qualitative research approach through doctrinal and comparative research. It looks into ratified instruments that address cybercrime, like the Budapest Convention and national laws of different countries, such as Pakistan's Prevention of Electronic Crimes Act (PECA) 2016, to determine their sufficiency in targeting the global and multifaceted nature of cybercrime. Among the most significant issues faced hence identified by the study are the complexities of jurisdiction, the alarming rate of technological evolution that exceeded legal evolution, and tensions between internet security and human rights, especially in terms of privacy and freedom of expression. The research points to the gaps in the established legal framework and emphasises the changes using the comparative analysis of cases and case studies. The paper also suggests that there should be an increase in legislative efforts, law enforcement practices and systems, global collaboration, as well as collaborations between governments and businesses. This is also critical in ensuring that human rights are incorporated into the cybersecurity plan to catalyse security and personal liberties. The study also has practical policy implications that can be implemented by policymakers to close regulatory gaps and increase the agility of legal frameworks. The study can fix existing gaps in the literature, source of policymakers, legal practitioners and scholars with a broader comprehension of the rapidly evolving field of cybersecurity.
The Transformative Influence of Generative Artificial Intelligence on Legal Research and Writing in Pakistan
Artificial Intelligence (AI) is a modern technology that has started to encompass almost all the fields involving machine learning processes, enabling computers to imitate human intelligence. Generative AI (GAI) is a subset of AI technology that creates original content like text and images. The integration of AI into the legal domain has transformed key areas, including legal research and writing, document examination, case predictions, contract reviews, and administrative tasks in various facets of the legal profession. This paper presents an overview of AI technology, its history, and its impact on the legal field. Furthermore, it delves into the intricacies of AI's emergence in the field of legal research, the effects of GAI on legal writing, and explores the perspectives of Pakistani lawyers regarding the usage of AI technology in the legal field and their attitude towards the modification of conventional methods of legal practice. Following a comprehensive study, this paper elaborates on how the incorporation of AI technology in the legal field has transformed legal research and writing, emphasising its effects on efficiency, accuracy, and ethical considerations within the profession. Additionally, it examines the challenges and opportunities arising from the transformative influence of AI technology in the legal field, both globally and in Pakistan. The conclusion of this article includes recommendations for effectively utilising GAI tools, suggestions for addressing challenges (development of AI tools specifically having a depository of Pakistani legal material) and maximising the benefits of AI technology in the legal field.
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Generative Artificial Intelligence and Intellectual Property Rights: Impacts, Challenges, and Future Directions
In the world of technology, rapid advancement of Artificial Intelligence (AI) technology has brought significant changes across various industries, including the domain of inventions and creative endeavours. However, the current IP legislative frameworks are lagging behind in the protection of AI-generated content and methods to differentiate between human-created and AI-generated content. This paper attempts to portray the impact of AI-generated content of IP laws protection to the creation of AI innovations, and how human creation and formation can be balanced against AI innovation. The paper also discusses the ethical implications and coverage issues that arise from the integration of AI into the field of intellectual property, offering insights into potential legal reforms. Through this thorough analysis, the paper aims to provide a nuanced understanding of the complex relationship between AI and IP rights, looking ahead to future legal tendencies and offering recommendations for lawmakers and practitioners. A comparative evaluation of global jurisprudence reveals the range in legal responses to these emerging challenges. AI's involvement is putting increasing strain on current IP laws, which favour human creativity and need for updated legislation. Fostering innovation while preserving legal clarity, equity, and ethical accountability requires a well-rounded strategy.
Protection of Intellectual Property Rights
Examining the Intersection of General Artificial Intelligence and Legal Decision-Making
This research paper examines the increasing need for and importance of artificial intelligence (AI) in the legal profession. Along with highlighting its significance, it discusses the benefits and drawbacks of AI in the legal profession. Furthermore, it also analyses the capability of AI to replace human judges in future. Additionally, it investigates the possible problems and impacts on society by integrating AI into the legal profession, such as people's lack of confidence in AI-generated decisions, parties' privacy, unemployment, and transparency. Moreover, it explores how AI can serve as an assistive device rather than a complete replacement for human involvement. It examines countries like China, the USA, and Canada, where AI machines are already being used in their legal proceeding for research, decision-making, and even in some countries, as a substitute for human judges. Furthermore, it investigates the social, ethical and economic effects, and their sufficient solutions, by integrating AI into the judicial system, especially in Pakistan. The effectiveness of AI is compared to human judgments to assess its potential role. Lastly, it provides recommendations for the better implementation of AI tools in Pakistan’s judicial system, suggesting strategic actions to facilitate the integration of AI tools in the legal field.
The Role of Generative Artificial Intelligence in Judicial Decision-Making Process
Artificial Intelligence (AI) has permeated all sectors of society, and the legal profession is no exception to such a development. As an expanding innovation in modern technology AI holds promise for improving efficiency and consistency in all spheres of human life. This paper explores the integration of generative AI, specifically ChatGPT, into judicial decision-making, highlighting both its transformative potential and inherent challenges. While ChatGPT’s impartiality, rationality, and capacity to process vast legal data offer promising solutions to judicial inefficiencies, its limitations in contextual reasoning and purposive interpretation raise concerns. Ethical considerations, such as bias amplification, lack of accountability, and opacity in decision-making, further complicate its application. By examining these aspects, this study advocates for a hybrid judicial model, where generative AI serves as an assistive tool under human oversight, ensuring fairness and transparency. This balanced approach could redefine efficiency and equity in justice delivery while safeguarding against the risks of over-reliance on technology.
The Indus Water Treaty 1960 (‘IWT’) has been a hallmark for transboundary water management and peaceful settlement of transboundary water disputes since its inception. However, recent demands on behalf of India for renegotiation of the IWT bring forth the question of whether there is a need to amend the IWT. It has been indicated that the Indus basin is situated in the area worst affected by climate change. As such, it would be beneficial to both parties to ratify an amendment that establishes a flexible allocation mechanism that reallocates water to accommodate the depreciating downstream flow, ensuring a fair distribution of water to Pakistan. Variability management should also be applied in the creation of new amendments, acknowledging that due to uncontrollable circumstances brought on by climate change, water availability may fluctuate. Other renegotiation reasons fall into distribution and development plans involving the Indus Basin. In this regard, amendments may include regulating the utilisation of the river waters; global climate change; utilisation of groundwater; joint basin development; enhancing the role of the ‘Permanent Indus Commission’; incorporation of international law developments post-1960 etc. Accordingly, this paper has inquired into the primary and secondary sources of research, including treaties, international conventions, judgments of international courts and tribunals, books, research articles etc.
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Evolving Norms Governing AI Engagement in Legal Practice and the Prospective Alignment of Law School Curriculum
As artificial intelligence (AI) applications transcend to yield generative outcomes, the significance of its engagement to enhance productivity in legal practice and dispute resolution forums is increasingly emphasised. With the recent advent of an impressive array of generative AI programs, the urge to harness the technology in the legal profession is difficult to resist. Professional standards of AI engagement are being introduced to respond to the increasing engagement of generative AI in serving legal clientele. Normative prescriptions governing the use of AI in legal practice are crucial to ensure that the right balance is achieved between the benefits offered by the technology and the rights of the clients served. The paper aims to investigate pioneering professional standards regulating AI use in US legal practice and assess how they achieve a balance of interests and adhere to some fundamental principles. The paper calls for a contextual understanding of the technological functioning of AI for its effective professional engagement and the development of governing standards. The paper assesses a range of specific professional and judicial standards governing generative AI use in the US and explores their relevance for other jurisdictions. The paper argues the limitation of continuing legal education to produce AI-empowered lawyers. It proposes the significance of the need for law schools to step in with the necessary curriculum and pedagogical alignment with emerging AI applications and regulatory standards. The paper concludes by examining its key findings and underscores the significance of upholding the right to access AI.
Human Culpability Behind Algorithmic Veil: An Analysis of Ethical and Legal Implications of Generative Artificial Intelligence
At present, Generative Artificial Intelligence (GAI) have profoundly facilitated in many disciplines but simultaneously raised various ethical and legal concerns. Despite the strict policy measures and limitations on personal information, there are implications regarding the misuse of personal data without acknowledgement, which leads to privacy risks. Furthermore, the infringement of third-party Intellectual Property Rights (IPRs) is an immense issue. However, courts are concerned about how to solve the question of liability and accountability because when GAI plagiarises research works, and generates deep-fakes, false images and content, it challenges transparency. Even though the generation of the content is not the sole operation of GAI tools but is ancillary to prompts inserted by the user, various lawsuits are being filed against the GAI developers. The study answers three research questions: The first question inquires about the part performed by the human involvement at both the training and post-training phases. The second question evaluates the factors contributing to the generation of unethical and illicit content by AI. The third question determines the culpability for the generation of offensive, illegal and harmful content. Significantly, the research paper ascertains the part performed by the human involvement from the training phase to subsequent input of prompts and keywords. It analyses the factors contributing to the generation of unethical and illicit content by AI. It discusses at length the liability for unlawful content by GAI. The researcher employed the doctrinal methodology, analysing various articles, journals, case laws, books, internet resources, etc. The paper concludes that AI models are a “double-edged sword”. It suggests policy measures to track infringement of IPRs, prevent violation of privacy and conservation of personal data.
AI and Human Rights: Navigating Technological Responsibility
The initial concerns raised by social scientists regarding Artificial Intelligence (AI) Technologies have now expanded to include potential effects on human rights. AI has created tensions affecting human rights, making it crucial to acknowledge these issues and seek solutions. Unfortunately, there are no global statutory rules or conventions regulating AI technologies. This legal uncertainty leaves individuals whose rights are violated by AI without any recourse. AI has had more negative than positive effects on liberties, notably impacting information privacy, equality, freedom of speech and expression, the right to assemble, and employment freedom. AI also affects intellectual property rights and can perpetuate bias and discrimination. A pertinent question is whether AI systems should be granted legal personhood, allowing them to be held accountable for their actions; the answer remains unclear. The paper will follow an analytical research methodology to emphasise that as AI's impact on individual rights grows, governments must develop a regulatory framework. This paper focuses on human rights and the threats posed by AI technologies, particularly examining the legal personhood and responsibility of AI tools. The paper concludes that addressing the relationship between AI and human rights is complex, requiring intentional collaboration among governments, AI system users, and developers.
Mastering the Digital Frontier: The Intersection of Generative AI and Human Rights in the Digital Age
The world has entered the digital age with the invention of Artificial Intelligence, and it is the harbinger of great implications for human rights. This paper explores these implications at the nexus of generative AI and digital human rights. This paper looks closely at how AI technologies, particularly generative AI, hold great promise but can sometimes threaten rights, such as privacy, freedom of expression, and non-discrimination. It uses Chat-GPT as a typical case example. It foregrounds the need for strict legal and ethical structures to ensure that the deployment of AI technologies reflects and advances human rights. This paper evaluates digital rights through the prism of human rights, with specific reference to international human rights law. This paper supports the opinion that a human-centred approach to AI, emphasising transparency, accountability, and inclusivity, is suitable. It also suggests making AI accountable and discusses possible approaches to receiving remedies should there be any breach of digital rights. The research will, therefore, help contribute to critical discussions on opportunities and challenges introduced by AI in the context of digital human rights. The paper finally attempts to propose ways to minimise the possible repercussions that AI might have on the enjoyment of digital and human rights.
Generative Artificial Intelligence and Legal Decision Making
The emergence of Generative Artificial Intelligence (GAI) has introduced revolutionary changes in every field of life, and the judiciary is no exception. While GAI has the potential to enhance judicial efficiency, concerns arise regarding accuracy, bias, and ethical use, particularly when it produces “hallucinations” or fictitious legal authorities. This paper examines the role of GAI in judicial decision-making and its implications for due process, legal accountability, and fairness. The central research question guiding this study is to what extent GAI can assist judicial actors without compromising legal standards and ethical obligations. It further addresses other sub-questions: (1) How do GAI-generated outputs differ from traditional judicial reasoning? (2) What safeguards are necessary to prevent misuse of GAI in legal settings? For this study, doctrinal research methodology is adopted, analysing case law, statutes, and peer-reviewed legal scholarship. Empirical and interdisciplinary studies are used illustratively to contextualise doctrinal analysis. The study argues that while GAI can support judicial efficiency, its utility is contingent on clear regulatory frameworks and ethical guidelines that ensure it serves as an assistant rather than a replacement for human decision-makers. This research contributes to the ongoing scholarly debate by providing a critical legal evaluation of GAI’s opportunities and limitations in judicial processes.
The Right to Privacy & Personal Data Protection: An Analysis of Pakistan’s Proposed Personal Data Protection Bill
The fundamental idea of personal data protection is to ensure that individuals (formally known as ‘data subjects’) have control over the collection, use and inferences made from their personal data. It is, therefore, imperative to grant effective knowledge and control to the data subject since [digital] data collection is prevalent in virtually every e-service or digital platform. As a result, user data has become more vulnerable than ever. To overcome exposure issues created by personal data breaches, various jurisdictions have implemented laws that provide for the rules with which personal data is to be collected, processed and disseminated. Following suit, the Government of Pakistan has taken the initiative to protect the privacy and personal data of every citizen through the [prospective] promulgation of the Personal Data Protection Bill, 2021. This is no doubt a pertinent step towards a better and digitally-secure future for Pakistan. However, although the Bill purports to be a sui generis solution to all matters pertaining to personal data protection, it appears to be ineffective in upholding the fundamental principles which are derived from international best practices. This paper studies the philosophical basis for the right to privacy to be expanded to cover the requirements of the digital age, aligned with the use-case scenarios which have emerged after the concept of the right to privacy was initially posited. The Bill is then juxtaposed against international best-practices and analysed as to the efficacy of the implementation of the principles of personal data protection. In conclusion, recommendations for amending the Bill are posited.
eCourts: A New Dawn for The Timely Dispensation of Justice
In Pakistan, un-due delayed justice has persisted for a long time. Timely dispensation of justice is highly significant, not only for the litigants but also for maintaining respect and confidence towards the judiciary as an institution. Honourable Justice Mansoor Ali Shah has, time and again, called attention to the fact that the traditional closed architecture of our courts cannot address this long-standing issue of delayed justice. Therefore, electronic courts (eCourts) have become a need of time. eCourts will provide the opportunity to the Judges, Lawyers, litigants, and witnesses to appear in the court virtually, thereby reducing the cost of travelling and saving time for the court. This paper explores the concept of the eCourts. It begins by tracing the origin of the eCourts, followed by an evaluation of the backlog of cases pending adjudication and the causes thereof. It proposes that a full-fledged virtual court system is practicable at all levels of the judiciary in Pakistan and recommends the reforms that need to be made to the existing system. It also highlights the various challenges that might arise and provides suggestions for effectively dealing with the same.
Cyberwarfare: Exploring the Inadequacies of Classical International Humanitarian Law
Cyberwarfare is a creation of the tech era that grew rapidly in the past three decades. Cyber operations have unveiled the massive potential of cyberwarfare capabilities to cause havoc in the real world. Technology has facilitated individuals, states, and other non-state actors to engage in coercive actions. It, therefore, becomes crucial to investigate the adequacy of classical International Humanitarian Law (IHL) to cater to the vicissitudes of technology warfare. This paper seeks to examine the relationship between IHL and cyberwarfare. It investigates the present legal regimes applicable to cyberwarfare and evaluates the applicability and limitations of the current rules of IHL, lex lata, to cyber operations. It discusses the ‘Tallinn Manual, a comprehensive study by an International Group of Experts (IGE) on the international law of cyberwarfare. The paper aims to provide a realistic and critical perspective on the current legal approaches to cyber-warfare. The paper emphasises that the applicability of IHL is essential in the present world, and the rapidly growing technologies necessitate the parallel growth of IHL. This article underscores the absence of a legally binding International Law Convention that specifically governs cyberwarfare within the international realm as the rapidly evolving nature of cyberwarfare demands clear rules and regulations to govern cyber operations. Such a convention would promote adherence to international law in cyberspace and encourage cooperation between states in addressing cyber threats.
Exploring the Inadequacies of Classical International Humanitarian Law in Cyberwarfare
Prospects and Challenges of Technological Advancements in Legal Education Pedagogy: An Analytical Review
Over the years, legal education has evolved tremendously owing to multiple factors. In this regard, one important factor to be debated is the swift growth of technology in today’s time. Due to the undeniable significance of technology, it has emerged as an inseparable element of legal education. The use of technology in law schools enables educators to shift from traditional teaching modules to advanced teaching styles according to contemporary needs and trends. This paper will overview the use of technology in law and its importance for law schools. The paper tends to focus on the opportunities technology has to offer particularly in legal education and generally in the legal system. The paper also aims to assess the cultural and structural challenges of adopting and implementing technological advancement and digitalisation in Pakistan. It is an undisputed fact that technology costs money, inter alia, for developing/programming software, employing IT developers, building tech-savvy infrastructure etc. Developing countries in the South East Asian Region including Pakistan, who are already struggling with economic crisis, would have to develop strategies to implement the advanced technology-based education in the legal profession. This paper proposes solutions which underdeveloped countries can easily adopt to incorporate technology into their legal education systems. The paper will also discuss the aspect of the digital divide based on gender between privileged and underprivileged classes of society. This research will encompass qualitative methods of study relying on resources dealing with technological advancement and opportunities which digitalization has to offer in the field of legal education.
The Legal and Regulatory Framework for Cryptocurrency and Fintech in Pakistan: Challenges and Policy Recommendations
Fintech, short for financial technology, refers to the use of technology to improve and automate financial services. It encompasses a wide range of financial activities, including online banking, payment processing, investment management, and lending. Cryptocurrency is a digital or virtual currency that uses cryptography (the process of converting legible information into uncrackable code) for security. It is decentralised and operates independently of a central bank or government. Blockchain technology is a decentralised, distributed ledger that records transactions across many computers in a secure, tamper-proof way. It was originally developed for use in cryptocurrencies but has since been adopted in many other industries for its potential to improve transparency and security in transactions. This article examines the legal and regulatory framework for cryptocurrency and blockchain technology in fintech in Pakistan. The State Bank of Pakistan's stance on fintech and relevant laws and regulations governing the use of cryptocurrency in Pakistan are analysed. The article also explores legal and regulatory issues such as consumer protection, data privacy, and cybersecurity. The challenges faced by fintech companies in navigating the complex regulatory landscape are discussed, and the implications for the future of fintech in Pakistan are considered. The article concludes with recommendations for policymakers and fintech companies in navigating the legal and regulatory landscape.
Laws Governing eSignatures in Pakistan: An Overview
Living in a tech-oriented world, we witness that technology plays a crucial role at each stage of our lives. Within commercial spheres also, technology occupies a prominent place due to its potential, inter alia, to improve efficiency and provide security. In the same vein, electronic signatures (eSignatures) have become an ordinary part of and are being used frequently in commercial transactions. In 2002, legislation for digitization of the conduct of business and regulation of eSignatures was adopted under the title ‘The Electronic Transactions Ordinance, 2002’. This law validated the use of eSignatures in Pakistan. Following doctrinal research methodology, this article examines the legislation governing eSignatures in Pakistan. It analyses the documents that can be eSigned and the documents that cannot be, followed by an in-depth evaluation of the admissibility of eSignatures and advanced eSignatures in the court and an analysis of the threshold of validity of each respectively. It, then, discusses the distinction between eSignatures and advanced eSignatures. Finally, it assesses the risks and challenges arising from reliance on eSignatures.
Considering a New Rule: When Best Practice is Law Student Practice
The right to legal representation for indigent litigants is established in rules promulgated by the Pakistan Bar Council. Yet, state and non-governmental mechanisms are not necessarily available to implement these rights. The problem has been viewed largely as one of a limited pool of advocates, and the shortage is particularly serious for those accused of crimes and misdemeanours. The access to justice gap is not unique to Pakistan. This article aims to explain how law students can help alleviate the lack of legal aid—whether due to a shortage of affordable lawyers or an underfunded and/or poorly managed legal aid system. Consistent with best legal educational practices, university legal clinics under lawyer supervision and state-sponsored or bar association internship programs are the first steps in ushering in student access to the courtroom; thanks to practical training and allowing limited assistance to low-income clients. An even better step would be to introduce a formal student practice rule whereby students and interns are able to augment the corps of lawyers available to assist litigants who would not otherwise have representation in court. However, opposition by the bar association, judiciary and universities must be taken into account, as well as the means for overcoming this opposition. Beyond the immediate objective for the benefit of the most disadvantaged, Clinical Legal Education (CLE) introduces students to the idea of public service and instils in them an understanding of law, justice, and fairness.
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Students’ Perceptions of Quality Assurance of Legal Education in Pakistan
Despite showing evidence of growth and advancement in many major sectors, Pakistan is still seriously lagging in terms of growth in its education sector. This inadequacy of advancement is evident in its legal education as it has not been given the necessary attention that is required to be on par with other developed nations. The quality of a country’s education is measured by the learning outcomes of the programmes offered to students in the form of education. These outcomes attest to the quality of the curriculum, the teachers, and the student’s performance, as well as to the teaching methods, the administration, the evaluation, and the linkages with other higher educational establishments. Although researchers are in consensus that the teaching faculty and students are the main stakeholders of the education system, it has been proven that the students are the best judges of an education system as they are the recipients whose lives are determined by the education that they have received. However, as it stands today, research has proven that there are numerous deficiencies in the legal education imparted in Pakistan. Given this, this paper gives a comprehensive overview of law students’ perceptions of the legal education system in Pakistan to highlight the strengths and weaknesses of the system. This quantitative research conducted via survey identifies the flaws in the system and proposes constructive recommendations for the improvement of legal education in Pakistan to ensure that the country is on par with other developed nations in the world.
Incorporating Clinical Method for Teaching Legal Theory and Skills: Prospects and Challenges
The clinical teaching method is not a new pedagogy and is limited to a few academic programmes as it is a complex teaching and learning situation influenced by the need to design learning content, planning, learning environment and the participants’ role and interactions with others in the setting. Clinical teaching has always been an integral part of the medical curriculum, with the objective that medical students develop a high level of professional competency and a positive attitude towards patients. Meanwhile, traditional law schools are designed for students to listen, understand and memorise vast number of legal theories and procedures. However, the retention rate of knowledge is not very satisfying. Hence, legal jurists felt the need to introduce innovative teaching methods similar to clinical teaching in medical programmes. Clinical teaching for law programmes is designed to expose students to learn problem-solving from real-life situations and help them graduate with the required legal knowledge, lawyering skills and enhanced confidence. Another benefit of clinical education is seen as a means of training young legal professionals to respond effectively to the legal aid services of the community. This research aims to trace the development of clinical education and the benefits of adopting it as part of legal professionals’ training. Challenges in introducing clinical education in law schools will be discussed to identify the issues that need to be addressed in identifying the prospects of developing an effective curriculum and sustainable programme.
The Recommendations of The Council of Islamic Ideology on Family Laws: An Analytical Review
Before and after the partition of the sub-continent, efforts were in place to provide a comprehensive mechanism for the resolution of family disputes of Muslims according to the injunctions of Islam. Islam remained the cornerstone of the new state which surfaced as Objectives Resolution. Then, under the 1956 Constitution, a commission was constituted and assigned the task of making recommendations for the Islamisation of the laws of the country. The same institution, with the change of nomenclature, The Council of Islamic Ideology (CII), was assigned the same task under the 1962 and 1973 Constitutions. Since then, the Council has examined almost every aspect of existing legislation on family matters, primarily, The Muslim Family Laws Ordinance (MFLO), 1961 and The West Pakistan Family Court Act, 1964. It has recommended amendments for the improvement of these laws. This paper is to identify whether CII has provided adequate recommendations to the legislature to address the issues pertaining to family laws in Pakistan. This paper is qualitative in nature and descriptive analysis has been made based on primary and secondary data. This paper concludes that CII has played its role as per the constitution and published its annual reports in which issues of family laws have comprehensively been addressed. The paper suggests that the advice of the council must be followed in letter and spirit to bring these laws in consonance with the injunction of Islam.
Enforcement of Foreign Award and Public Policy Rules in Pakistan
Public policy is a phenomenon that is difficult to be confined within boundaries. It is a variable notion that evolves with the growth and upbringing of society. It is mostly unwritten and un-codified. Therefore, it greatly bears the potential to be used in an unbridled manner by the competent authorities of the states against the enforcement of foreign awards. This feature of public policy emphasizes the need to chalk out those ideologies and canons in a state that give birth to its public policy rules and constitute to be the basis of it. Like every other country, Pakistan also has a public policy which provides grounds to its national courts to nullify those arbitral awards which are inconsistent to it. This article uses doctrinal research and primarily relies on caselaw in its descriptive analysis of the sources that constitute the foundation-stone of Pakistan's public policy and the principles that have evolved upon it.