Note on Societe Generale de Surveillance SA v. Pakistan, through Secretary, Ministry of Finance

Lau, Martin

doi:10.1093/arbitration/19.2.179

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“…In a case involving the Geneva Convention and Protocol on Arbitration Clauses, the Supreme Court of Pakistan stated that international treaties and arrangements are only recognized and enforced by the courts in Pakistan if they are incorporated into the country's laws. The Supreme Court of Pakistan's ruling upheld the same legal reasoning "in the case of Société Générale de Surveillance Pakistan, through Secretary, Ministry of Finance", mentioned "a Treaty unless [it] was incorporated into the laws of the Country by a Statute, the Courts would have no power to enforce treaty rights and obligations arising therefrom at the behest of an individual or State" ("Société Générale de Surveillance SA v. Pakistan)", (Lau, 2003).…”

Section: Practice and Legal Theory In The Context Of Pakistanmentioning

confidence: 99%

Implementation and Incorporation of International Treaties into Domestic Law of Pakistan: A Case Study of International Space Law Treaties

Ahmad

Rabbi

Riaz

2022

GLSR

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Countries routinely sign bilateral and multilateral treaties that oblige them to abide by their terms.Ratification of the international treaty requires that common law countries should incorporate the treaty into domestic law. English common law serves as the foundation for Pakistan's legislation governing the reception of international treaties. The rationale of the common law system typically does not directly incorporate international treaties but requires separate enabling legislation so that there should be no conflicting legal provisions between national law and the provisions of the relevant treaty. The rationale behind incorporation varies as per constitutional requirements and the interest of the state. This paper provides the general explanations in the context of the common law legal system specific to Pakistan; as a case study, international space law treaties have been discussed to provide the answer to why incorporation and implementation is an important steps.

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Section: Practice and Legal Theory In The Context Of Pakistanmentioning

confidence: 99%