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Crime Investigation in Developing Countries: Coordination and Collaboration of Investigators and Prosecutors

The safety of a society, by way of getting all necessary arrangements for unfailing protection and preservation of individual's liberty and rights relating to his/her person and property, is the fundamental goal of criminal justice, and for this reason it has been regarded as an indispensable system of peace and order. In achieving this goal,....

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Interplay of Human Rights and Development: The Implementation and Guarantee of Development after the Victory of the World War II

Poverty is an outcome the ‘deprivation of liberty to earn, own and use resources; obliteration of the freedom to contract and right to ‘identity-the autonomy’ of individual. Human rights campaign for people would have no meaning at all if does not ‘emphasize the need of ‘Right’ to have rights’. Amina wa....

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A Tradition of Bartering and Selling Nepalese Youths

“…..Gorkhas have been sold and bartered, and they have been the coin of international diplomacy at the key moments in the Nepalese history. If the Nepalese rupee is not a convertible currency, Nepalese bodies have long been a valued currency in that other market place”, Mary Des Chene, an anthropologist, rightly says. Of course....

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Violent Conflict and Violation of Human Rights in Nepal: A Jurisprudential Discourse

Conflict is natural social phenomenon. Conflict though often has been viewed only from the negative sense is not so in actual. The conflict can be viewed from a different perspective as well as various dimensions. The social, cultural, political, economical and psychological dimensions of conflict vary with each other among themselves. However al....

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Professional Relationship between Crime Investigators and Prosecutors in the Human Trafficking Crimes

The paper delves into some major problems encountered by the criminal justice system of Nepal with regard to the crime of trafficking and protection of victims. An attempt has been made to ponder into notional or theoretical basis of problems as well the procedures being applied in investigation, prosecution and trials of the trafficking offences....

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Peace Process in Nepal: Successes and Failures from Jurisprudential Perspective

Peace building both as a process and goal cannot be isolated from the empirical realities of the given nation. The facts around the issues do have decisive role in both the process and objectives. The political instruments and mechanisms are also decisive elements in this regard. An honest, pragmatic and visionary political leadership of the nati....

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LEGAL AID IS A HUMAN RIGHT TO ACCESS TO JUSTICE: IT IS “NEITHER A FACILITY GIVEN BY GOVERNMENT NOR A CHARITY OF PERSON OR ORGANIZATION”

Legal aid is internationally recognized as a fundamental human right of access of individual to fairness and impartiality of justice. It is essential to materialize the politico-legal notion of equality, which calls for treatment of every individual on equal footings. The responsibility of legal practitioners and their assistants to provide legal....

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International Treaties: Features and Importance from International Law Perspective

International treaties are most frequent means of creating international rules or standards that States and other actors of international community are supposed to abide by. Their importance has been highly increased in the context of modern international law. The enforcement quality of international law was often questioned which has been settle....

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Historical Evolution of Laws on Armed Conflicts: A Jurisprudential Perspective from Geneva Conventions

Codification of laws of war is one the significant achievements of international law from the nineteenth century. The wars after then were fought with a different nature and scale. The realization of the need to limit the destructive force of war changed the momentum to codify the international war laws. The codification of international war laws....

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Community Mediation: A Jurisprudential and Pedagogic Reflection in the Context of Nepal

This paper reflects on 'need of evolving community mediation as a popular means of dispensing justice'. The access to justice is one of the core rights of human beings to address 'conflict or causes of conflict'. The concept of justice, which originally evolved through 'different forms of ordeal' both in the eastern and....

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Access to Law in Nepal: Challenges and Prospects

BRIEF HISTORICAL ANECDOTES OF THE NEPALESE LEGAL AND JUSTICE SYSTEM  Nepal has been the youngest 'republic' in the world. The monarchy that existed at least for 1500 years is eliminated in 2008.  According to the history, Nepal as a nation exists for at least 2000 years. While historically it existed as a 'confederation of....

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Some Issues to be addressed by New Constitution of Nepal

Strategically, Nepal has been placed between two emerging powers of Asia. Both of them possess, in terms of nuclear weapons, strength to significantly harm the human lives by use of their nuclear weapons. The future of strategic survival of Nepal is not going to be easy, if we overlook the issue of ‘survival’ from war or any conflicts....

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China-Nepal India Corridor: Legal Framework Perspective

Building a 'forum for mutual economic development tie' constitutes one of the core objectives behind the idea of setting up of China-Nepal-India corridor'. The corridor is expected to involve number of economic activities, including financial and trade affairs among participating nations as well as individuals and corporate houses. Th....

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China South Asia Connectivity: Reflections on Benefit of OBOR in Nepal

The Idiosyncratic History of Friendliness and Cultural Proximity in Sino-Nepal Relations Nepal is the only country in South Asia, if not in entire Asia, which has had historically a unique relation with China about two millennia that assimilates them culturally and builds a relation of unique interactions and exchanges, including trade.While th....

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Comparative Survey of Criminal Investigation Systems in Asia: Best Practices and Challenges

Abstract   This article comparatively reflects on prevailing legal frameworks and practices of investigation within criminal justice system, and the roles of investigator and prosecution in Asia countries, including Nepal, India, China, Japan and Sri Lanka, appraising their systems in terms of both best practices and challenges. It also ....

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The Art of Advocacy

In an adversary system of justice, the judgement of a court is essentially based on the arguments of lawyers representing the litigants. The evidences are rendered by the litigants. The burden of proof lies on the parties in the case. A judge hearing the case, acts like an umpire. The role of a judge in adversary system can be better described ....

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Community Mediation: A Pedagogic Reflection

Abstract This paper reflects on 'need of evolving community mediation as a popular means of dispensing justice'. The access to justice is one of the core rights of human beings to address 'conflict or causes of conflict'. The concept of justice, which originally evolved through 'different forms of ordeal' both in the eas....

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Comparative Survey of Investigation Systems in China, India, Japan and Nepal: Some Challenges and Best Practices

Every society has its own history of the development of criminal justice system. The history has bearings from the typical context of the given society. The factors such as the economy, landscape, culture, social setting, religion and, most importantly, the history of the evolution of the given society itself play inevitable role in shaping the s....

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Constitutionalism in South Asia: Democracy and Human Rights Interface

South Asia is a home of 22 percent of the world population. Ironically, unfathomable despite richness in natural resources, cultures, traditions or civilizations of deeply rooted humanity, and scenic beauty, arts and prospect of great transformation of lives, South Asia is also a home of 43 percent poor people of the world. Over last some de....

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CRIME INVESTIGATION IN DEVELOPING COUNTRIES: COORDINATION AND COLLABORATION OF INVESTIGATORS AND PROSECUTORS

The safety of a society, by way of getting all necessary arrangements for unfailing protection and preservation of individual's liberty and rights relating to his/her person and property, is the fundamental goal of criminal justice, and for this reason it has been regarded as an indispensable system of peace and order. In achieving this goal,....

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Role of Ethnic and Linguistic Plurality for Sustaining Democracy: History with Pains and Pride in Nepal

Nepal has distinct and brave history and has always been an independent and sovereign country with glorious culture and tradition that date back to many centuries. Nepal covers approximately 147,000 sq. km. stretching 800 km from east to west and 90 to 230 km from north to south. Nepal is land locked between two Asian giants- China and India. Nep....

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Trafficking in Women and Girls: With Special Reference to Countries in South Asia

Dimension of the Trafficking Problem As UNIFEM (1998:1) in a report rightly observed, “trafficking in women and children is a spreading and worsening global phenomenon. Millions of human beings are trafficked and exploited worldwide largely into global sex industry”. Trafficking is estimated to generate gross earnings of between 5 a....

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Distinctive Curriculum: Considering Teaching Law and Justice from Contextual Innovation and Students and Consumers of Justice Oriented Pedagogy

Education on law and justice, generally across South South and particularly in Nepal, has not yet been able to receive required attention of the society as well as the government.Even universities are oblivion of the importance of modernizing and enhancing the standard of legal and justice education. Frankly speaking, the concept of justice ....

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Violence Against Women

Nepal has an estimated population of 20 million of which 50.1% are female with about 39% of total literate population. The existing literacy rate of male and female population  varies and thus are 54 and 25 percent respectively. About 46% of the population lives in the Hills, 46% in the Terai and 8% in the Mountains.  Approximately, 90%....

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Violent Conflict and Violation of Human Rights in Nepal: A Jurisprudential Discourse

Occurrence of conflict in society is an unusual phenomenon in all societies.1 If properly utilized, conflicts engender opportunities for desired progress in the society. In general, conflicts occur as a result of wrong or mismanagement of relations among members of the society. The wrong or mismanagement of the societal relations give rise to exp....

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The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects

Criminal justice, a system of justice conventionally concerned with safeguarding the society by punishing the offenders, is a time enduring notion that is widely portrayed in the historical accounts, ballads and the works of great philosophers as a tool that state employs to quell the dissidents or recalcitrant citizens and suppress their wrongs ....

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COMPARATIVE SURVEY OF CRIMINAL INVESTIGATION SYSTEMS IN ASIA: BEST PRACTICES AND CHALLENGES

Abstract   This article comparatively reflects on prevailing legal frameworks and practices of investigation within criminal justice system, and the roles of investigator and prosecution in Asia countries, including Nepal, India, China, Japan and Sri Lanka, appraising their systems in terms of both best practices and challenges. It also ....

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VIOLENT CONFLICT AND VIOLATION OF HUMAN RIGHTS: NEPALESE EXPERIENCES

CONFLICT A SOCIAL PHENOMENON: Occurrence of conflict in society is an unusual phenomenon in all societies.2 If properly utilized, conflicts engender opportunities for desired progress in the society. In general, conflicts occur as a result of wrong or mismanagement of relations among members of the society. The wrong or mismanagement of the soc....

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CONSTITUTIONALISM IN SOUTH ASIA: DEMOCRACY AND HUMAN RIGHTS INTERFACE

South Asia is a home of 22 percent of the world population. Ironically, unfathomable despite richness in natural resources, cultures, traditions or civilizations of deeply rooted humanity, and scenic beauty, arts and prospect of great transformation of lives, South Asia is also a home of 43 percent poor people of the world. Over last some de....

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CHINA SOUTH ASIA CONNECTIVITY: REFLECTIONS ON BENEFIT OF OBOR IN NEPAL

The Idiosyncratic History of Friendliness and Cultural Proximity in Sino-Nepal Relations   Nepal is a country in South Asia, if not in entire Asia, which has had a unique relation with China that assimilates two countries culturally for over 1500 years.2 Three important historical events justify this assertion. Firstly, Manjushree Bodhis....

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Nanking Massacre, cruel and in human atrocities

Nanking Massacre, cruel and inhuman atrocities, against human kind represents a scary remnant of history. Thousands of people were killed indiscriminately by the Japanese military. In 1937, Japan invaded Nanking with all kinds of brutality and gruesome atrocities. Rape, murder, arson and looting took place that painted human history with an unpr....

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