1 Legal System of Pakistan

Legal system is a compact whole which encompasses the entire system relating to law and administration of justice in a country without any exception which, in fact, requires a comprehensive and detailed study. Instead of a detailed thesis a brief, concise and systematic overview of legal system of Pakistan is in the following paragraphs which will provide all necessary information.

Constitutional History
Constitution of Pakistan has its roots in the British constitutional and legal system as our constitutional and legal system is the successor and inheritor of British system with suitable variations and adjustments according to our own requirements. Under the pretext of existing laws or laws continuing in force as well as protections under other forms, constitutional or legal, our laws have their roots in all such British laws which were made and promulgated during colonial rule of Great Britain. Since the East India Companys Charter granted to

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it by Queen Elizabeth in the year 1600, which was a legal document. All different Charters, Regulations, Acts or laws are the fundamental documents which had cast a shadow on our constitutional development. The final document in chain was the Government of India Act, 1935, which has a deeper impact on our todays Constitution as far as its structure, language and constitutional scheme is concerned in addition to other such constitutional and legal measures taken earlier by the British Government. The Indian Independence Act, 1947, is a necessary link between colonial and present constitutional and legal system. The Government of India Act, 1935, remained in force in Pakistan till the Constitution of Islamic Republic of Pakistan (1956) was commenced on the 23rd March, 1956.

Written Constitution
Unlike the British constitutional system, Pakistan, since its establishment, has a constitutional system based on written Constitutions with all those constitutional conventions inherited from British system according to our constitutional requirements. The Government of India Act, 1935, read with the Indian Independence Act, 1947, was the first Constitution of Pakistan which was adopted as a stop-gap constitutional arrangement till the framing of new constitution. However, in Pakistan, the constitution-making proved a tough job with many political wheeling and dealing without any political and social contract which might had easily been adopted as the constitution of the country. The trivial matters become the big hurdles in the way of gigantic responsibility of constitution-making in addition to personal liking or disliking of political and power-brokers during the early years of country from 1947 to 1956 i.e. till the time the Constitution of the Islamic Republic of Pakistan (1956) had come into force. The Constitution contained a democratic, republican and parliamentary form of Government in the country headed by the Prime Minister as head of the Government and the President as the head of State, merely a nominal office. Although the Constitution of the Islamic Republic of Pakistan had taken a long time to take its final shape and had the approval of the then Constituent Assembly of Pakistan but it was

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never practically came into force with its letter and spirit as it was not fulfilling the requirements of different powerful stakeholders who mattered in the corridors of power at that time. In 1958 the Constitution was abrogated and Martial Law was proclaimed on the 7th October, 1958, in the country. A Constitutional Commission was appointed on the 17th February, 1960, under the Chairmanship of Justice Muhammad Shahabuddin, Chief Justice of Pakistan, as its Chairman. The Commission presented its Report to the Government on the 29th April, 1961, which was considered by the Cabinet and approved with certain alterations. General Muhammad Ayub Khan, the President of Pakistan, promulgated the Constitution of the Islamic Republic of Pakistan (1962) from the 1st March, 1962, which was a dictatorial document containing the wishes of one-man instead of wishes of the nation through its chosen representatives. The Constitution was containing the republican but presidential form of Government headed by the President indirectly elected by an electoral college consisting of members of basic democracies numbering eighty thousand from East and West Pakistan on the basis of parity. The Constitution of Pakistan (1962) had also not lasted for a long time and it was abrogated with the unceremonious exit of General Muhammad Ayub Khan from power corridors in 1969 when on the 25th March, 1969, he was forced by General Agha Muhammad Yahya Khan to resign and who proclaimed Martial Law in the country and appointed himself as the Chief Martial Law Administrator. He promulgated the Legal Framework Order, 1970, for holding General Elections and governing the affairs of the country. General Yahya although held the General Elections in the country on the basis of universal adult franchise but still he was having the ambitions to rule the country like his boss. He got a constitution prepared for the purpose but due to non-suitability of political circumstances, he was not able to fulfil his political agenda and had resigned on the 17th December, 1971, when the East Pakistan was captured by Indian armed forces giving birth to Bangladesh.

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After the resignation of Yahya Khan from the presidency, Zulfiqar Ali Bhutto became the President and the Chief Martial Law Administrator. Bhutto got drafted the Interim Constitution for the country which was submitted before the National Assembly on the 15th April, 1972 and adopted on the 17th April, 1972. The Interim Constitution of 1972, came into force with effect from the 21st April, 1972. However, efforts were made to have a permanent constitution for the country. A Constitutional Committee was appointed which was able to draft the future Constitution of the country in the last months of 1972 which was presented before the National Assembly and finally approved and adopted as the Constitution on the 10th April, 1973, which formally commenced from the 14th August, 1973, after the assent of the President on the 12th April, 1973. The Constitution of the Islamic Republic of Pakistan is still surviving with major structural changes made by military dictators as well as the Parliament extensively changing its parliamentary to a mix of parliamentary-presidential form of Government and due to which there is always a conflict between the Prime Minister and the President for exercise of executive powers. However, at present still a Parliamentary Committee for Constitutional Reforms is working to suggest suitable changes in the Constitution to meet future needs as well as appropriately adjust it according to prevailing political circumstances in the country.

Governmental Structure
According to the Constitution of 1973, Pakistan is a federal republic consisting of the Provinces, Islamabad Capital Territory and such other areas or territories which are not forming the part of Provinces or the territories which will accede to Pakistan in future. From executive point of view, the system of governance has two tiers i.e. Federal Government and Provincial Governments. The legislative powers under the Constitution are divided into three categories which are as under :

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(a)
(b)

Federal Legislative List or the powers of the Federal Government; Concurrent Legislative List or the powers which may be exercised either by the Federal or Provincial Governments but the Federal laws will prevail in case of inconsistency between the Federal and Provincial laws; and Residuary powers which will exclusively be exercised by Provincial Government through legislation done by Provincial Assemblies.

(c)

Federal Government
Federal Government is consisting of the Prime Minister and his Cabinet of Ministers who are aiding and assisting the President to manage the affairs of the federation. Prime Minister is elected from the National Assembly. Parliament is consisting of the President, the Senate and National Assembly. Parliament is competent to make laws on different subjects contained in the Federal Legislative List or the Concurrent Legislative List and the Federal Government is responsible for enforcement of such laws.

Provincial Governments
Provincial Governments similarly are consisting of the Chief Minister and his Cabinet of Minister who is elected from the Provincial Assembly till he enjoys the confidence of the Assembly or the end of term of the Assembly. Governor is the constitutional head of a Provincial Government whereas the Chief Minister is the head of the Provincial Government. Chief Minister exercises the powers according to laws made by the Provincial Assembly. All residuary powers vests to the Provincial Assembly in addition to powers relating to different subjects as contained in the Concurrent Legislative List subject to principle of inconsistency. In this way there is maximum provincial autonomy under the Constitution to legislate on more subjects as allocated to the Parliament.

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Federal and Provincial Laws

Due to federal system, there are two sets of laws i.e. the laws made by the Parliament and laws made by Provincial Assemblies within their constitutional limits. The administration of federal laws is the responsibility of the Federal Government whereas the administration of provincial laws is the responsibility of Provincial Governments. The Constitution has provided welldefined limitations with constitutional bodies for dispute resolution on different issues between the Federation and the Provinces.

Sources of Law
The sources of Pakistani law have their roots and origin in Islamic, British as well as local social system. As Islam is the State religion and it is not possible for the Parliament or Provincial Assemblies to make any law which is against the Quran, Sunnah or any of the Injunctions of Islam. Although it may be said that customary sources are having historical background in centuries even before the advent of Islam but no custom can survive or override any tenet or principle as laid down in the Quran and the Sunnah. However, all customs which are not against the Quran and Sunnah or Injunctions of Islam are a valid source of law with all their ancient worth. Fiqah is another important source of law which is consisting of books of different schools of thought among Muslims as their personal law. There are also the different interpretations or explanations of the Holy Quran, Hadith or other Sunnah of the Holy Prophet which are also accepted by different schools of thought as well as the courts of law in such matters pending before them between parties believing on such schools of thought. There are different other methods of juristic analogy to understand the Islam as well as Sunnah which are equally respected by the Courts in relevant matters. Judicial decisions of the Supreme Court of Pakistan are binding on all courts of Pakistan. Similarly, the judicial decisions

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of the respective High Courts are also binding on courts subordinate to such High Courts. The doctrine of binding precedent is valid and accepted by all courts of law in Pakistan according to constitutional hierarchy. As our legal system has its roots in British legal system, thus, precedents, customs, and other principles regarding interpretation of law and its sources are equally accepted in Pakistan if those are not in violation of the Constitution or a law made by the Parliament or a Provincial Assembly. Commentaries by various jurists and experts on law are also a valid source of law subject to discretion of the Courts. Equity is another source of law. Although it is developed in British legal system but still is equally valid source of law in Pakistan. Common law is still considered as source of law as in United Kingdom which is maintaining consistence in decisions of the judges on the principle of stare decisis. Common law tradition has long history in this sub-continent as foundations of English or colonial judicial system was established on common law principles and our judicial system is the successor of common law system. Case law is based on court decisions in individual cases by different courts of law. It resolves past controversies being precedents and has legal effect in future as basic idea is that future cases should be decided in the same way as past cases. Case law is unwritten law because it is implicit in decisions of the courts. Common law is based on legal principles and conventions as well as on interpretation of written laws i.e. legislation. Legislation is the most authentic source of law in any legal system. Parliament and Provincial Assemblies are making laws in our system which are enforced with all force and executive power of the state. Jurisdiction of the Federal laws is well-defined in the light of subject-matters as contained in the Federal Legislative List and Concurrent Legislative List whereas the Provincial laws may be relating to all other matters which are not included in Federal

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Legislative List and on the subjects which are included in the Concurrent Legislative List subject to the principle of inconsistency.

Adversary System
Adversary system means a system of decision-making involving active and unhindered parties contesting with each other to put forth a case before an independent decision-maker or court of law. In this system following basic principles are followed by courts of law to make neutral and impartial decisions : (a) (b) (c) (d) (e) the judge should be neutral and passive; the parties develop and present their evidence and arguments on which the decision of the court will be based; case proceedings are concentrated, uninterrupted and designed to emphasize the clash of opposing evidence and arguments presented by the parties; equal opportunities for presentation of case are allowed to both parties; and decision is only based on evidence presented by the parties and not any other knowledge of the court.

Legal Profession
Legal profession is consisting of advocates who are the members of different Bar Councils in their respective provinces. For practising as an advocate, the minimum requirement is graduation in law i.e. LL. B. degree which is a three years postgraduation legal education programme containing different subjects of law which are necessary for practising law in the courts of law. Unlike the United Kingdom, legal profession in Pakistan is not divided into Barristers and Solicitors. Advocates have right to prepare case as well as present the case before the court of law except in the Supreme Court of Pakistan where there are Advocates and Advocates on Record. Advocates on Record are like solicitors in United Kingdom who present the documents in

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the Supreme Court and coordinate with court, advocate and contesting parties. At provincial level, the legal profession is organized in Provincial Bar Councils in each Province. However, there is Pakistan Bar Council which is representative body of all lawyers at national level which is an elected body.

Judicial System
In Pakistan, there is a comprehensive judicial hierarchy consisting of the following superior courts, namely :
(a) (b) (c) (d) Supreme Court of Pakistan; High Courts; and Federal Shariat Court; Administrative Courts and Tribunals; Subordinate judiciary consisting of District and Sessions Judges, Additional and Assistant District Judges, Senior Civil Judges, and Civil Judge-cumJudicial Magistrate; and such other courts as may be established by law.

(e)

The Supreme Court of Pakistan, High Courts and Federal Shariat Court, in general terminology, are known as superior courts although originally the Supreme Court of Pakistan and the High Courts were included in this category. The Constitution has prescribed jurisdiction of the Supreme Court of Pakistan, High Courts, Federal Shariat Court and general guidelines for Administrative Courts and Tribunals in addition to other laws which also provide appellate or other jurisdiction as prescribed in the relevant laws. The courts established under different laws have jurisdiction as prescribed under those laws which is on the discretion of Parliament or the Provincial Assemblies which are enacting such laws. Article 209 of the Constitution provides for Supreme Judicial Council to inquire into the capacity or conduct of a Judge. Although there is no definition of a subordinate court but according to Article 202, a court which is administratively being

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supervised by a High Court is a subordinate court as Article 203 provides that each High Court shall supervise and control all courts subordinate to it. The practice and procedure of such subordinate courts are regulated under the rules made by the respective High Court from time to time.

Civil Courts
Civil Courts are created and administered under the provisions of the Civil Courts Ordinance, 1962 (W. P. Ordinance No. II of 1962) which was made and promulgated on the 8th January, 1962. Before this Ordinance, there were different systems in different Provinces, areas, Divisions or Districts, as the case was. However, a uniform system of courts have been established in the country. This hierarchy is consisting of the following Civil Courts, namely : (a) (b) (c) the Court of the District Judge; the Court of the Additional District Judge; and the Court of the Civil Judge.

The Civil Judges are further divided into three classes for the purpose of determining the pecuniary limits of the jurisdiction exercisable by them which are
S. No. 1. Class of the Civil Judge First Class Pecuniary jurisdiction Exercises jurisdiction in original suits or proceedings without any pecuniary limit as regards value. Exercises jurisdiction in original suits or proceedings wherein the subject-matter in amount or value does not exceed Rs. 50,000. Exercises jurisdiction in original suits or value proceedings wherein the subjectmatter in amount or value does not exceed Rs. 5,000.

2.

Second Class

3.

Third Class

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However, the High Courts in different Provinces have fixed different pecuniary jurisdictions for the Civil Judges of different classes in different areas keeping in view their administrative expediency and to facilitate the litigants. Section 9 of the Ordinance empowers the High Courts to determine the jurisdiction to be exercised in original civil suits as regards the value by any person appointed to be a Civil Judge either by including in a class or otherwise as it thinks fit. Local limits of jurisdiction of Civil Judges are such as the High Court may define under section 10. However, under sub-section (2) of section 10, when the High Court posts a Civil Judge to a district, the local limits of the district are, in the absence of any direction to the contrary, deemed to be the local limits of his jurisdiction. District Judges determine the territorial jurisdiction of each Civil Judge while posted in district from time to time under the guidance of the instructions issued by the High Courts from time to time.

Criminal Courts
Criminal administration of justice in the country is being dealt in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) which is an exhaustive and comprehensive law making details guidelines for criminal procedure and structure of criminal courts in different districts of the country under the administrative control of the Provincial Governments and respective High Courts. Different classes of courts are created for administration of criminal justice at district level which are as under : (a)
(b) (c)

(d)

Courts of Sessions; Courts of Additional and Assistant Sessions Judges; Courts of Magistrates; and Courts of Special Magistrates, etc.

There are Additional and Assistant Sessions Judges who are subordinate to the Sessions Judges and under sub-section (4) of section 17 of the Code, the Sessions Judge may also, when himself

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is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge or, if there be no Additional or Assistant Sessions Judge, by such Judge or Magistrate shall have jurisdiction to deal with any such application. The Courts of Magistrates further have the following classes under sub-section (2) of section 6, namely : (i) (ii) (iii) Magistrate of the first class; Magistrate of the second class; and Magistrate of the third class.

According to clause (ma) of sub-section (1) of section 4, a Magistrate means a Judicial Magistrate and includes a Special Judicial Magistrate appointed under sections 12 and 14. Section 32 provides the following sentences which the Courts of Magistrates may pass, namely:
S. No. (a) Class of Magistrate Courts of Magistrates of the First Class : Sentences may pass Imprisonment for a term not exceeding three years including such solitary confinement as is authorised by law; and Fine not exceeding forty-five thousand rupees; arsh; daman; whipping. (b) Courts of Magistrates of the Second Class: Imprisonment for a term not exceeding one year, including such solitary confinement as is authorised by law; and Fine not exceeding fifteen thousand rupees. (c) Courts of Magistrates of Imprisonment for a term not exceeding one month; and

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Fine not exceeding three thousand rupees.

In addition to above-said powers, the Provincial Government may invest any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death under section 30 and similarly, under section 34, the Court of a Magistrate, specially empowered under section 30, may pass any sentence authorized by law, except a sentence of death or of imprisonment for a term exceeding seven years. Under section 37, on the recommendations of the High Court, the Provincial Government may, in addition to the ordinary powers, invest any Magistrate with any powers specified in the Fourth Schedule.

Administrative Law
Article 212 of the Constitution provides for establishment of one or more Administrative Courts or Tribunals by the appropriate Legislature by its Acts to exercise exclusive jurisdiction in respect of
(a) matters relating to the terms and conditions of persons who are or have been in the service of Pakistan, including disciplinary matters; (b) matters relating to claims arising from tortuous acts of Government, or any person in the service of Pakistan, or of any local or other authority empowered by law to levy any tax or cess and any servant of such authority acting in the discharge of his duties as such servant; or (c) matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

The Administrative Courts or Tribunals have exclusive jurisdiction under clause (2) of Article 212 without any interference by other courts. Similarly, no other court shall grant

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an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends and all proceedings in respect of any such matter which may be pending before such other court immediately before the establishment of the Administrative Court or Tribunal; other than an appeal pending before the Supreme Court, shall abate on such establishment provided that the provisions of clause (2) shall not apply to an Administrative Court or Tribunal established under an Act of a Provincial Assembly unless, at the request of that Assembly made in the form of a resolution, Majlis-e-Shoora (Parliament) by law extends the provisions to such a Court or Tribunal. The decrees, orders or sentences of an Administrative Court or Tribunal are appealable before the Supreme Court being satisfied that the case involves a substantial question of law of public importance and grants leave to such appeal. There are different Administrative Courts, Tribunals or Special Courts established by different Acts of Parliament. There is also a hierarchy of such Administrative Courts, Tribunals or Special Courts established under the Acts of the Provincial Assemblies to exercise jurisdictions within their respective Provinces. However, the following Administrative Courts, Tribunals or Special Courts are established under the Acts of the Parliament to exercise powers in their respective domains as provided in their respective enactments :
(1) Service Tribunals; (2) Income Tax Appellate Tribunals; (3) Environmental Protection Tribunals; (4) Insurance Appellate Tribunals; (5) Customs, Excise and Sales Tax Appellate Tribunals; (6) Appellate Tribunals for Anti-Dumping Duties; (7) Special Courts for Control of Narcotic Substances; (8) Banking Courts (Recovery of Loans); (9) Special Courts (Offences in Banks); (10) Special Courts (Customs, Taxation and AntiSmuggling);

Legal System of Pakistan (11) (12) (13) (14) (15) (16) (17) (18) Anti-Terrorism Courts; Accountability Courts; Labour Courts; Drugs Courts; Special Judges (Central); Family Courts; Conciliation Courts; and Juvenile Courts.

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Civil Law and Procedure

Laws are divided into civil and criminal laws. Civil law describes and protects the civil rights of the citizens like rights in property, debts, inheritance, contracts and other matters having civil nature. Civil procedure lays down the procedures and methods for protection of civil rights by the state and through courts of law which are neutral decision-makers in all disputes by following adversarial system in Pakistan. The Code of Civil Procedure, 1908 (Act No. V of 1908) is the major civil law in the country which has provided in detail procedure for civil litigation before civil courts as mentioned above. There are hundreds of laws which are included in the category of civil law and dealing with different business, trade, succession, inheritance and other matters relating to human life and activities in life having civil nature.

Criminal Law and Procedure

It is the primary responsibility of the State to ensure law, order and peace in society and protect life and property of all citizens without any discrimination. The Pakistan Penal Code (Act XLV of 1860) is the fundamental penal law which defines different offences and prescribes their punishments whereas the Code of Criminal Procedure, 1898 (Act No. V of 1898) is procedural law according to which criminal matters and disputes are decided in courts having criminal jurisdiction. The State is the prosecutor in all criminal matters and it is the responsibility of the State to book and get punished all violators of different criminal laws or who are committing different offences. The failure of State

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to get punished the criminals may create chaos and anarchy in the society.

Special Laws
In addition to ordinary system of civil and criminal laws, there are special laws which are also providing special courts or tribunals for trial of different offences as well as for settlement of different civil matters. Family and labour laws are the examples of civil laws which are special laws and dealing with family and labour disputes between the parties. Tax laws are also special laws. Anti-terrorism, cyber crime, drugs and other such matters are also having special laws for defining different offences under such laws and special courts for trial of offences under these laws.

Constitutional Law
The Constitution of the Islamic Republic of Pakistan (1973) is the supreme law in Pakistan which is dealing with statestructure and has also created different institutions for governance at different levels. Supreme Court of Pakistan is the court which is empowered to decide matters and different disputes between the Federal and Provincial Governments. Supreme Court may also take cognizance in matters of Fundamental Rights. Provincial High Courts may also take cognizance in different constitutional matters relating to enforcement of Fundamental Rights or for interpretation of different questions relating to interpretation of different laws as well as constitutional provisions. Supreme Court of Pakistan enjoys the power of judicial review and may declare any law ultra vires which is against the constitutional provisions.

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Business and Commercial Law

Business, commercial and trade related matters are an important aspect of legal system. There are hundreds of civil laws which are dealing with business, commerce and trade disputes between the parties. The Contract Act, 1872 (IX of 1872) is the important law defining and dealing with contractual obligations between the parties. The Companies Ordinance, 1984 (XLVII of 1984) which deals with incorporation, composition, accounting, auditing and accountability matters relating to different companies incorporated under the Ordinance or governed under other laws. Security and Exchange Commission of Pakistan is the prime regulatory body for corporate sector in Pakistan.

Damages and Tort Law

There is no special law for award of damages for civil, criminal or other tortuous matters. Ordinary civil as well as criminal laws contained provisions relating to imposing damages for different civil and criminal wrongs arising from contracts or criminal wrongs. Injuries to the person, defamation, negligence, breach of statutory duty, deceit, fraud, misrepresentation, malicious prosecution and other such wrongs are well recognized for tortuous liability and award of damages. Tortuous matters are still being dealt under common law action by courts of law. However, in Pakistan, there is no generalized practice of tortuous actions and even attitude of courts is also not encouraging which is resulting in more civil as well as criminal breaches and violations. Even in most of the civil suits courts are not awarding the cost to the winning party who had suffered due to inappropriate behaviour or uncalled for legal proceedings for a long time resulting non-stop litigation in courts of law wasting the precious time of courts. Such litigants are also in habit of using delaying tactics as their prime objective is to teach a lesson to other party instead of seeking justice.

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Property and Property Law

Property and laws relating to property, movable or immovable, tangible or intangible, are important feature of any legal system. There is a corpus of laws relating to property and protection of property rights. Intellectual property laws are an emerging national and international phenomenon which are dealing with trade marks, copyrights, patents, designs, merchandise marks and other certification issues relating to intellectual property (IP) and intellectual property rights (IPRs).

Family Law
Family law is another aspect of our legal system. Family laws are dealing with important issues relating to human life when they are in wedlock as husband and wife. It also provides for protection of children, their maintenance, custody, property matters in addition to maintenance of wife, her dower, rights on property, etc. There are written laws in Pakistan in addition to Quranic, Sunnah and other such principles which are based on Islamic Injunctions. Family laws are personal laws and are applicable keeping in view the religious school of thought of the parties in a dispute.

Taxation and Tax Law

No State can survive without a system of revenue because it is life blood for any organized system of governance as the entire financing of the system is generated through different taxation measures. Taxation system has two tiers. Taxes imposed and collected by Federal Government and Provincial Governments. Federal Government is collecting taxes on income, sales, wealth and different other duties like customs and federal excise

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duties, etc. These are the major sources of income and revenue of the Federal Government. Provincial Governments are also generating funds from different taxation sources and levies imposed under different laws. Revenue and revenue collection is an important aspect for financing the governance system at provincial level. Land revenue, excise duty, property tax, and other levies are the major sources of income of a provincial government.

International Law
Pakistan is the signatory of different international treaties, agreements and conventions in addition to a huge corpus of treaties and agreements under the World Trade Organization. There are bilateral, multilateral and plurilateral treaties, agreements and conventions which are giving birth to different rights and obligations at national as well as international level. Pakistan is the State which believes on fulfilment of its international obligations under different treaties, agreements and conventions. These treaties, agreements and conventions, etc., are the major part of international law in addition to the Charter of the United Nations and other such measures sponsored by the United Nations. Similarly, there are different international forums i.e. courts and tribunals, which are playing their role for settlement of international disputes. The decisions of such tribunals and courts are binding on states submitting before them for settlement of their disputes. These decisions are also constituting case law as well as precedents in international law for settlement of future disputes between states as well as citizens of different states. International trade law is an emerging field of international law although it is not new but now it is with more vigour and force with different dispute settlement measures under the auspices of the World Trade Organization.

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