"LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)

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Contents:- Part A: Impunity in Burma: (1) The Dangers of Soldiers Judging Soldiers By U Myo and James Tager -- "Burma?s Constitutional court can protect some civilians from the dangers of the Courts-martial system, if it is brave enough. But for others, there is currently no legal protection from military impunity." ... (2) Burma?s System of Impunity: A Legal Argument for Why 9 Burma Cannot Find a Domestic Resolution for its Heinous Crimes - By James Tager -- "The new Constitution has created a system where the judicial branch functions as an extension of the executive, the legislative branch is unable to act without the consent of the military, and government members are given amnesty for their crimes. In short, it has perpetuated the system of impunity upon which the military junta has relied for decades"... (3) The New Regime?s Judiciary Under the 2008 Constitution By B.K Sen - "...The 2008 Constitution has rendered the judiciary a cog in the bureaucratic machinery and justice is as elusive as ever. The pre-constitution era of the judiciary has not changed as the constitution has made no dent on it. Who will say that the present judiciary is different from the military-ruled judiciary?..."... Part B: Special Features: (1) Burmese Government in Exile: Outcast but not Irrelevant By Stephanie Swigert - "...Although [the] influence [of the NCGUB] is limited, their very existence serves as a constant reminder to the international community that the legitimacy of Burma?s ruling party is disputed. As elected representatives, the NCGUB and MPU have a strong legal basis from which to build international support and lobby for democratic transition in Burma..." (2) The USDP: An Unlawful Association - By Lane Weir "...this analysis demonstrates one way in which the existing Burmese legal framework could be used to prosecute those who have persecuted political opposition, ethnic minorities and Burma?s most vulnerable populations for decades..."... (3) Action in Burma: The International Rule of Politics - By Pia Dutton - "...This article considers whether international intervention by the United Nations in Burma can be justified according to principles of current international law (jus ad bellum as distinguished from the jus in bello)..." (4) The Elements Necessary for the Development of a 73 Free Market Economic System in Burma - "...For a market economy system to succeed, it must be based on the rule of law and protected by an impartial judiciary. To a large extent, a successful market economy depends on the trust the market participants have in the legal system to uphold their rights and fairly adjudicate their disputes. There must be an efficient, just and affordable judicial mechanism to resolve disputes, including the disputes involving governments. The mechanism must have strong, enforceable safeguards to ensure that the parties are treated fairly..."

Source/publisher: 

Burma Lawyers Council

Date of Publication: 

2011-08-00

Date of entry: 

2011-12-08

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  • Individual Documents

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Language: 

English

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pdf

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613.35 KB