The Counsel

Letter from the Editors

Syed Bulent Sohail,
Advocate High Court
Queens University BA(Hons)
University of New Brunswick LLB(Hons)


Zarmeeneh Rahim
General Legal Counsel
McGill University BA(Hons)
University of Durham LLB(Hons)


Shaharyar Nashat
General Legal Counsel
McGill University BA(Hons)
University of Durham LLB(Hons)


Kamal K. Jabbar,
Barrister-at-Law, Lincoln's Inn;
LLB(Hons), University of London


Dear Readers,

We are delighted to share with you the Fall / Winter Issue of The Counsel.

A look back at 2010 reveals a spate of developments that will continue to have significant impact on a global or local level. America's legislature passed a far-reaching legislation regulating the activities of financial institutions which includes a prohibition on commercial banks from engaging in proprietary trading and trading purely for their own account and a ban on owning hedge funds and private equity firms. In Pakistan, the cost of rebuilding areas affected by the devastating floods could exceed $16 billion. The State Bank of Pakistan has indicated that non-performing loans in these regions is expected to be Rs.48 billion.

At the end of 2010, even a cursory look back at this year reveals a world rocked by legal scandals; in business, sport and international relations. The secrets exposed by WikiLeaks have presented a set of unique international legal issues relating to the policing of the internet and confidentiality versus the public interest. Can or should the concept of a ‘global’ public interest supercede the right of a nation state to protect its secrets? How do we situate state sovereignty in the context of borderless access to information over the Web? Will the ‘free’ internet be protected in this new global environment, as it emerges as an increasingly powerful political and economic force?

Likewise, in Pakistan, the social and political dialogue is predicated on the ill defined rights and obligations of legal actors. In this legal flux, extra-legal solutions are sought and gradually attain legitimacy. For example, we are confronted with issues of sovereignty and regional conflict, balance of powers struggles between state institutions, the state and civil society, good governance versus foreign investment and public policy, the dignity of man the exercise/abuse of power, and so on.

We believe that discourse and debate is always beneficial. Accordingly, the Editors hope that our publication will facilitate the need for an independent and dispassionate forum to appreciate and understand the social and legal phenomenon confronting us and contribute to the understanding of the Law and how the Law impacts and is impacted by social, political, ideological, economic and transnational forces.

The Fall / Winter Issue would not have been possible without the generous and insightful contributions made by leading professionals, jurists and intellectuals. We would also like to welcome and introduce The Counsel's Correspondents who have devoted substantial time and effort for this Issue: Mr. Shahid Jamil, Michel Mores, LLP (London Correspondent); Mr. Hammad Haider, Associate Haidermota & Co (Karachi); Mr. Ahmed Uzair, Associate Cornelius, Lane & Mufti (Lahore); Mr. Shehzad Haider, Senior Associate Raja Mohammad Akram & Co (Lahore); Mr. Taimur Malik, General Counsel (Vale Minerals, Middle East); Mr. Mamoon Ahmad Khan, Senior Associate Al Tamimi & Co. (Dubai); and Mr. Aarij Wasti, Associate SNR Denton & Co (Qatar).

To your success!

The Editors