Description:
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
Grouping:
- Individual Documents
Category:
Language:
English
Local URL:
Format:
pdf
Size:
613.35 KB