A Legal Research Guide to Pakistan

 3rd June 1947, after the beginning of the struggle for a separate homeland on the basis of the
two nation theory, Lord Mountbatten called for a transfer of power.
 26th July 1947 the first constituent assembly of Pakistan was made with 69 (later 70) members
 Pakistan created under independence act 1947, which made all existing constituent assemblies
the dominion legislatures, meaning they were allowed to exercises all power formerly under the
central legislature.
 First session of first constituent assembly of Pakistan held on 10 th august 1947 w Jinnah
unanimously elected as president one day later.
 12th August 1947 the “committee on fundamental rights of citizens and minorities of Pakistan”
created to advise assembly on the rights and issues of minorities.
 Transfer of power on 14th august 1947, and principles of the state of Pakistan were laid down.
 Quaid e Azam – first governor general of Pakistan, Mian Sir Abdur Rashid - first chief justice.
 Objectives Resolution passed by Liaqat ali Khan on 7 th march 1949, and adopted by constituent
assembly on 12th march 1949. Basic principles committee of 24 members formed to drafted
constitution on the basis of this resolution.
 Final draft of constitution prepares in 1954 but assembly dissolved by governor general Ghulam
Muhammad before approval. Dissolution challenged and case won by president of assembly,
Maulvi Tamizuddin in Sindh chief court, but lost in Federal court.
 Second constituent assembly created on 28 th may 1955 w provincial assemblies making up an 80
member body which took the decision to establish west Pakistan, and brought about the first
constitution of Pakistan in 1956.
 First president elected on 5th march 1956 (sikandar mirza) and was to act on advice of PM.
 Parliament consisted of president, 310 assembly members (divided bw east and west w 5
female reserve seats for each wing)
Pakistan’s policy on ICSID arbitration

 This article talks about how Pakistan, having signed several bilateral investment treaties

(BITs), in the last 50 years, has had to undergo at least 7 ICSID cases which have added

expenses and public policy issues.

 The article suggests ways in which Pakistan can adopt FDI policies in order to revise

their BIT policies and avoid future ICSID cases.

1. Dispute prevention policy gives the following proposals:

 Transparency and information available to investors at all times

 Efficiency in administrative procedures

 Consultation procedures for investors to ensure predictability of environment

 Accountability of govt officials

 Mitigation of investment disputes

 Cross-border coordination and collaboration

 Technical cooperation for investments

- If frameworks for the above do not exist they should be devised and revised in the

following ways:
  Public sector transparency and efficiency be ensured to allow the “whole-

of-govt” approach to investment climate reform to be formalized. The role

of the PBOI is integral here.

 Mitigation of foreign investment disputes calls for development of

mediation cells within IPAs.

 International collab initiatives to provide support for investment

facilitation

2. Alternatives to ICSID policy such as govt backed national investment arbitration

centers which currently does not exist in Pakistan.

3. Any changes in future BITs Policies to be negotiated and to include changes in

dispute resolutions policies.

Letter to CJP Asif Saeed Khosa