Azimuddin Law Associates Reporter (info@azimuddinlawassociates.com)
NEWS, VIEWS AND LAW NOTES
Volume 1. August 2019. Number I
Editors: ADLA Staff
NEWS AND REVIEWS:
What a judge expects from Lawyers.
Honorable Chief Justice of Pakistan urged the legal fraternity to do
self-retrospection to preserve the nobility of the legal profession.
What judges expect from lawyers, he explained in the following
words:
A good lawyer is required to have command over history,
mathematics and literature.
A good lawyer needs to have a much more well-rounded
personality to deal with multiple statutes and other
disciplines.
A good lawyers must learn from his seniors and show respect
for them.
2
Hard work is expected from good lawyers as it is the key to
success in legal profession.
[Source: Business Recorder July 23, 2019]
ESSAY
The Dismal State of Child Rights in Pakistan
By justice (R) Ali Nawaz Chauhan
The rights of children are guaranteed under Article 25A of the
Pakistan’s Constitution. However, the author presents a deplorable
state of affairs in the country in this regard. As per the author, so
far no integrated child protection case management and referral
system exists. The author believes that the children in Pakistan
suffer from mal-nourishment, and most of them experience child
labor. The existing system, in the words of author deprives them of
any form of safety and recognition. As per the findings of the
author, these children are denied education and health care.
Majority of them are subjected to sex trade even through
government agencies. The author suggests required improvements
in the existing laws and to create awareness among-st the masses
for safety and well-being of the children
[Dismal States of Child Rights in Pakistan: Pakistan Legal Decisions Reporter (PLD) 2019 Journal 33]
Global Economy’s Next Winners
By Susan Lund, James Manyika and Michael Spence.
In a recently published article partners of Mckinsey and Company
have analyzed the automation age and the ongoing scenarios of the
Global Economy. In their perspective, after the wave of
globalization, developed countries are heading towards
protectionism and leading economies are looking towards rising
demand in the emerging markets. As per authors, uncertainty
looms over developing countries due to increased automation
thereby limiting the options of employment opportunities.
Nevertheless, the authors believe that direction of trade in services
presents an optimistic picture and it may lead the future growth
and global demand.
[Foreign Affairs: July August 2019: 121]
BOOK REVIEW
The Death of Treaty Supremacy:
An Invisible Constitutional Change By David L. Sloss
In author’s perspective, the new principles, enunciated by US
Courts such as treaties only supersede inconsistent local laws when
they are self-executing [Fujii v. State], have questioned the strength
of Supremacy clause of the Bi-lateral Investment Treaty [BIT] and
the court’s reliance on defensible interpretation of the US
Constitution; however, a desire to change the domestic law is
notable. It looks as if, these emerging principles of interpretation
enunciated by the courts are leading to the evaporation of the
effectiveness of bilateral treaties.
[Santa Clara University, Legal Studies Research Paper No: 4 – 16]
NOTES
Anthea Roberts
Is International Law International? [Oxford University Press]
In this work the author convincingly shatters our illusion about
international law’s universality and makes the case for comparison
in international law. The author explains how this conflict was
covered by US, UK and French textbooks. US casebooks extensively
debated the necessity of war and justified it, whereas French
textbook termed the war as violation of international law, similarly
UK text books also propose that war was illegal. The debate leads
to the conclusion that international lawyers should become
dabblers in comparative law.
RECENT CASES
International Decisions
The decision of the Supreme Courts of Kenya in Francis Karioko
Muruatetu and another v. Republic* has given new meaning to the
Constitutionality of the mandatory death penalty, definition of life
imprisonment, right of fair trial, right to human dignity and right to
equal protection in international and comparative law.
[*FRANCIS KARIOKO MURUATETU V. REPUBLIC. PET. NO. 15 & 16/2015. http://kenyalaw.org/caselaw/cases/view/145193
US Tax Court Determines that Loan between Foreign Subsidiaries is Bona Fide Debt.
By US Tax Court
In Illinois Tool Works v. Commissioner, the United States Tax Court
held that a loan between two foreign subsidiaries constituted a
“bona fide debt.” In reaching its conclusion, the court applied a
fourteen-factor balancing test for determining whether a payment
from a corporation to its shareholders ought to be treated as a loan
or as a dividend. The case showed how difficult it can be for courts
(as well as Congress and the Treasury) to distinguish debt from
equity for corporate taxation purposes.
[US Tax Court: Docket NO. 10418-14]
Supreme Court of Pakistan Explains ways to Determine Value of Imported Goods.
When imported goods could be assessed on the basis of
transactional value within the framework of law, then there is no
occasion to assess such goods on the basis of value of identical
goods sold in the domestic market explains Supreme Court of
Pakistan.
When the goods without any difficulty could be assessed on the
basis of the transaction value under subsection (1) of S. 25 of the
Customs Act i.e. the price actually paid or payable for the goods
sold for export to Pakistan, then the question of invoking
subsection (5) of S. 25 did not arise at all.
[Collector of Customs v. Faisal Enterprises: 2019 SCMR 1126]
Sindh High Court Explains the Rights of the Holder of Bill of Lading.
In International Trading v. ARK Global DWC – LLC, the Sindh High
Court decided that a Bill of Lading was conclusive evidence of
shipment in the hands of consignee or the endorse and a holder
of the bill of lading was always under an expectation that he was
entitled to proceed against the ship or its owner in the event of loss
or damage to his goods.
[PLD 2019 Sindh 344]
RECENT LEGISLATION
Government Enacts Assets, Declaration Act, 2019
Through Finance Act, 2019, the Government of Pakistan has
enacted Asset Declaration Act, 2019, which came into force with
immediate effect. The purpose of the Act is to make provisions for
voluntary declaration of undisclosed assets, sales and expenditure.
The law provides for to make a declaration in respect of undisclosed
property. The law inter alia provides for timely payment of tax, and
lays down conditions for declaration, mode and manner of
repatriation of foreign income and assets.
RECENT GUIDANCE
State Bank of Pakistan Provides Anti-Money Laundering And Combating the Financing Of Terrorism (AML/CFT) Regulations Vide BPRD Circular Letter No. 16 Of 2018. By Corporate Law Decisions Magazine [CLD] [March, 2019].
The State Bank of Pakistan through a recently circulated letter,
released amended version of AML/CFT Regulations in order to
provide clarity on implementation of AML/CFT requirements for
banks and DFI’s. The new circular has introduced new requirements
for financial institutions to align their obligations with the
requirements of Financial Action Task Force [FATF].
Note: All requests for free subscription be sent to info@azimuddinlawassociates.com
NEWS, VIEWS AND LAW NOTES
Volume 1. August 2019. Number I
Editors: ADLA Staff
NEWS AND REVIEWS:
What a judge expects from Lawyers.
Honorable Chief Justice of Pakistan urged the legal fraternity to do
self-retrospection to preserve the nobility of the legal profession.
What judges expect from lawyers, he explained in the following
words:
A good lawyer is required to have command over history,
mathematics and literature.
A good lawyer needs to have a much more well-rounded
personality to deal with multiple statutes and other
disciplines.
A good lawyers must learn from his seniors and show respect
for them.
2
Hard work is expected from good lawyers as it is the key to
success in legal profession.
[Source: Business Recorder July 23, 2019]
ESSAY
The Dismal State of Child Rights in Pakistan
By justice (R) Ali Nawaz Chauhan
The rights of children are guaranteed under Article 25A of the
Pakistan’s Constitution. However, the author presents a deplorable
state of affairs in the country in this regard. As per the author, so
far no integrated child protection case management and referral
system exists. The author believes that the children in Pakistan
suffer from mal-nourishment, and most of them experience child
labor. The existing system, in the words of author deprives them of
any form of safety and recognition. As per the findings of the
author, these children are denied education and health care.
Majority of them are subjected to sex trade even through
government agencies. The author suggests required improvements
in the existing laws and to create awareness among-st the masses
for safety and well-being of the children
[Dismal States of Child Rights in Pakistan: Pakistan Legal Decisions Reporter (PLD) 2019 Journal 33]
Global Economy’s Next Winners
By Susan Lund, James Manyika and Michael Spence.
In a recently published article partners of Mckinsey and Company
have analyzed the automation age and the ongoing scenarios of the
Global Economy. In their perspective, after the wave of
globalization, developed countries are heading towards
protectionism and leading economies are looking towards rising
demand in the emerging markets. As per authors, uncertainty
looms over developing countries due to increased automation
thereby limiting the options of employment opportunities.
Nevertheless, the authors believe that direction of trade in services
presents an optimistic picture and it may lead the future growth
and global demand.
[Foreign Affairs: July August 2019: 121]
BOOK REVIEW
The Death of Treaty Supremacy:
An Invisible Constitutional Change By David L. Sloss
In author’s perspective, the new principles, enunciated by US
Courts such as treaties only supersede inconsistent local laws when
they are self-executing [Fujii v. State], have questioned the strength
of Supremacy clause of the Bi-lateral Investment Treaty [BIT] and
the court’s reliance on defensible interpretation of the US
Constitution; however, a desire to change the domestic law is
notable. It looks as if, these emerging principles of interpretation
enunciated by the courts are leading to the evaporation of the
effectiveness of bilateral treaties.
[Santa Clara University, Legal Studies Research Paper No: 4 – 16]
NOTES
Anthea Roberts
Is International Law International? [Oxford University Press]
In this work the author convincingly shatters our illusion about
international law’s universality and makes the case for comparison
in international law. The author explains how this conflict was
covered by US, UK and French textbooks. US casebooks extensively
debated the necessity of war and justified it, whereas French
textbook termed the war as violation of international law, similarly
UK text books also propose that war was illegal. The debate leads
to the conclusion that international lawyers should become
dabblers in comparative law.
RECENT CASES
International Decisions
The decision of the Supreme Courts of Kenya in Francis Karioko
Muruatetu and another v. Republic* has given new meaning to the
Constitutionality of the mandatory death penalty, definition of life
imprisonment, right of fair trial, right to human dignity and right to
equal protection in international and comparative law.
[*FRANCIS KARIOKO MURUATETU V. REPUBLIC. PET. NO. 15 & 16/2015. http://kenyalaw.org/caselaw/cases/view/145193
US Tax Court Determines that Loan between Foreign Subsidiaries is Bona Fide Debt.
By US Tax Court
In Illinois Tool Works v. Commissioner, the United States Tax Court
held that a loan between two foreign subsidiaries constituted a
“bona fide debt.” In reaching its conclusion, the court applied a
fourteen-factor balancing test for determining whether a payment
from a corporation to its shareholders ought to be treated as a loan
or as a dividend. The case showed how difficult it can be for courts
(as well as Congress and the Treasury) to distinguish debt from
equity for corporate taxation purposes.
[US Tax Court: Docket NO. 10418-14]
Supreme Court of Pakistan Explains ways to Determine Value of Imported Goods.
When imported goods could be assessed on the basis of
transactional value within the framework of law, then there is no
occasion to assess such goods on the basis of value of identical
goods sold in the domestic market explains Supreme Court of
Pakistan.
When the goods without any difficulty could be assessed on the
basis of the transaction value under subsection (1) of S. 25 of the
Customs Act i.e. the price actually paid or payable for the goods
sold for export to Pakistan, then the question of invoking
subsection (5) of S. 25 did not arise at all.
[Collector of Customs v. Faisal Enterprises: 2019 SCMR 1126]
Sindh High Court Explains the Rights of the Holder of Bill of Lading.
In International Trading v. ARK Global DWC – LLC, the Sindh High
Court decided that a Bill of Lading was conclusive evidence of
shipment in the hands of consignee or the endorse and a holder
of the bill of lading was always under an expectation that he was
entitled to proceed against the ship or its owner in the event of loss
or damage to his goods.
[PLD 2019 Sindh 344]
RECENT LEGISLATION
Government Enacts Assets, Declaration Act, 2019
Through Finance Act, 2019, the Government of Pakistan has
enacted Asset Declaration Act, 2019, which came into force with
immediate effect. The purpose of the Act is to make provisions for
voluntary declaration of undisclosed assets, sales and expenditure.
The law provides for to make a declaration in respect of undisclosed
property. The law inter alia provides for timely payment of tax, and
lays down conditions for declaration, mode and manner of
repatriation of foreign income and assets.
RECENT GUIDANCE
State Bank of Pakistan Provides Anti-Money Laundering And Combating the Financing Of Terrorism (AML/CFT) Regulations Vide BPRD Circular Letter No. 16 Of 2018. By Corporate Law Decisions Magazine [CLD] [March, 2019].
The State Bank of Pakistan through a recently circulated letter,
released amended version of AML/CFT Regulations in order to
provide clarity on implementation of AML/CFT requirements for
banks and DFI’s. The new circular has introduced new requirements
for financial institutions to align their obligations with the
requirements of Financial Action Task Force [FATF].
Note: All requests for free subscription be sent to info@azimuddinlawassociates.com
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