Lawka Pala (Legal Journal on Burma)
(English)
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Issuing publications and making presentations is the other main way (apart from training) in which BLC assists in educating, implementing and improving human rights and the rule of law in Burma.
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Legal Issues on Burma Journal No. 1
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Published in October, 1997 |
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The first issue of the Legal Issues on Burma Journal contains 4 articles within 4 different scopes:
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Legitimacy Issue, Modernization, Democracy and Constitutional Reform in Burma
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Issues on Constitution Drafting Processes, Comparative Constitution Drafting Process in the Philippines, Thailand and Burma
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Refugee Issue, Legal Protection for Refugees from Burma
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Environmental Issue, Constitution Protection of Environment in Burma
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Legal Issues on Burma Journal No. 2
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Published in June, 1998
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The second issue of the Legal Issues on Burma Journal contains 10 articles.
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Published in May, 1999
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The third issue contains articles on the following matters:
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Legal Issues on Burma Journal No. 4
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Published in October, 1999
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The fourth issue of the Legal Issues on Burma Journal contains six articles within four scopes:
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Legal Issues on Burma Journal No. 5
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Published in April, 2000
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No. 5 of legal issues on Burma Journal contains 4 articles within 3 different scopes:
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Issues of self-determination in Burma, an article within the scope of ethnic minorities issues, written by Louise Southalan. This article discussed the meaning of self-determination in international law and then gave a brief outline of Burmese history, considering the relevance of self-determination.
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Ethnic issues in Burma: The fourth Burman empire, an article within the same scope , written by Aung Htoo. This article gave a brief historical overview of several of the major ethnic groups in Burma and relations between them, then considered issues of equity and equality in the future governance of Burma.
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An overview of the recognition of Native Title in Australia, an article within the scope of rights to land, written by D. L. Ritter. The author of this article is a lawyer form Australia working for an aboriginal land rights body. The article explains the development of Australian laws and institutions recognizing pre-existing rights of land-ownership by indigenous people. It was published in the journal to encourage consideration and debate about resolution of similar issues in future Burma.
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Military regime to establish base on Mars... or a Human Rights Commission, an article within the scope of human rights, written by John Southalan. This article is in view of recent indications by the STate Peace and Development Council (SPDC, Burma's military government) that is may establish a Human Rights Commission. It discusses the essential elements of such institutions, and issues arising form their establishment, particularly in authoritarian states.
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Legal Issues on Burma Journal No. 6
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Published in September, 2000
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No. 6 of Legal issues on Burma Journal contains 5 articles within 4 different scopes:
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Some thoughts on Burma- Thai relations, an article within the scope of international relations, written by Professor Josef Silverstein. This article analyses the historical basis for the present state of relations between Burma and Thailand. The author explores the various tensions and mutual interests that have been forged and experienced throughout modern history, with a view to acknowledging that history often tells a lot about future relations between nations.
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Burma human rights body is not all that is needed, an article within the scope of the proposed Human Rights Commission in Burma, written by Khin Maung Win. This article seeks to explore some outstanding issues regarding the proposal for a National Human Rights Commission in Burma, such as the Rule of Law, the military culture and the violations of fundamental freedoms. The author argues the resolution of these issues should take precedence over the proposal for such a commission.
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Australia takes the wrong road to Rangoon, an article within the same scope, written by Ye Htut. This article is critical towards current Australian government policy to provide human rights training to Burmese government representatives. It also comments on the proposal to establish a Human Rights Commission in Burma.
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Forced Labour, the ILO and Burma, an article within the scope of International Labour Organization, written by Louise Southalan. This article provides a detailed background to the issue of forced labour, Burma's legal obligations under international law and the activities of he ILO regarding forced labour in Burma. It provides detailed information pertaining to the workings of the ILO while analysing the conduct of Burma and the other member states of this international agency.
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NLD proposed litigation - commentary, an article in the journal's section "In Brief", written by B.K. Sen. This commentary provides an analysis of the recent legal proceedings initiated by the National League for Democracy and further commentary regarding current and pertinent international incidents.
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Legal Issues on Burma Journal No. 7
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Published in December, 2000
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No. 7 of Legal Issues on Burma Journal counted 71 pages and contained 8 articles within 6 different scopes:
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A Case for Humanitarian Intervention, an article within the scope of humanitarian intervention?, written by B. K. Sen. Author observes internal law from the perspective of the grounds for humanitarian intervention by the international community, in domestic affairs. He concludes that Burma is a case where the international community needs to consider intervention on humanitarian grounds, as gross human rights violations are evident.
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Rival Constitution Writing Process: A Problem in National Reconciliation in Burma, an article within the scope of constitution writing, written by Khin Maung Win. Author introduces the ongoing rival constitution writing processes on both national and state levels. He argues that if these rival processes cannot be reconciled into one common national level, thereby harmonizing national and state constitution, the chances for national reconciliation in Burma will remain far away.
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The International Labour Organization Makes History, an article within the scope of forced labour, written by Jane Carter. Author analyses post-ILO sanctions and the future of possible forced labour in Burma. She examines the requirement that Burma needs to fulfill before the next ILO Governing Body meeting, which is scheduled for March 2001.
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Constructive Engagement: A Critical Evaluation, written by Minn Naing Oo. The author examines the weakness of both constructive engagement and sanction policies. Both equally fail to bring about changes, and to restore human rights and democracy in rough state, particularly Burma. A middle way is suggested to bring about changes in such states.
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Shadow over Daw Aung San Suu Kyi's Inheritance Case, an article within the scope of the due process of the law, in which authors B.K. Sen and Khin Maung Win look into the background of the civil suit filed by Aung San Suu Kyi's brother for half ownership of the property of their late mother. Aung San Suu Kyi currently occupies the property. The main theme of the article is the collusion between the SPDC and Aung San Suu Ky's brother to remove Aung San Suu Kyi from the property, and to deny her the use of the property a a NLD Head Office. They conclude that the lawsuit against Aung San Suu Kyi is politically motivated.
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Legal Issues on Burma Journal No. 8
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Published in April, 2001
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No. 8 of Legal Issues on Burma Journal contains 8 articles within 6 different scopes:
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Legal Issues on Burma Journal No. 9
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Published in August, 2001
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No. 9 of Legal Issues on Burma Journal contains 6 articles within 6 different scopes:
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Legal Issues on Burma Journal No. 10
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Published in December, 2001
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No. 10 of Legal Issues on Burma Journal contains 7 articles within 5 different scopes:
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Legal Issues on Burma Journal No. 11
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Published in April, 2002
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No. 11 of Legal Issues on Burma Journal contains 7 articles.
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Legal Issues on Burma Journal No. 12
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Published in August, 2002
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No. 12 of Legal Issues on Burma Journal contains 9 articles.
- Prospect for the Democratic Transition in Burma , (by Josef Silverstein).This article deals with the military's undisclosed plans for the nation's political future. The Prospects of dialogue are dim and the nightmare of military rule will continue. The military rulers have to take four important steps.
- Proposed Mass Media Law (by BLC). It contains an introductory explanation about the crucial role of the media in transformation of a society from the rule of dictatorship to democracy. Proposed DRAFT of Burma Mass Media Law was given with chapters and Articles. This Draft was debated in the DVB Seminar in Oslo with participation of Thompson Foundation for Media. More Seminars are envisaged before finalization.
- New win's Family Conspiracy Trial and Some Questions, (by B. K. Sen). In this article the issues of "open trial", the issue of all being equal before law have been discussed. The modus operandi to convict on evidence of and approver has also been deal with.
- Burma's toothless money Laundering Law, ( by BLC legal aid section). In this article the enactment of a new "Control Money Laundering Law" Law No. 6/2002 has been discussed. It did not meet international standards and was a Law onto itself. The ineffective law enforcement is an added hurdle to have rule of law.
- Special Features: Transitional Justice article: "Justice or Punishment: Forgiveness or Vengeance: Amnesty or Amnesia: Is there a Middle Path for Burma?", (by Thein Oo & Ms. Jenelle Saffin). In this article the most compelling consideration to be factored into transitional Justice has been discussed. It is the means by which the transition is to take place. It has argued that Spain's transition experience has familiarity to Burma with a caveat. It has outlined five policy options for transitional Justice. It has also discussed the pros and cons of a policy of Amnesty. It has opined that the not only the most likely transition but may be necessary for Burma is that of trans-placement.
- Forgotten: Political prisoners in the context of transitional Justice, (by Danya Marshman). The article has argued the case for political prisoners who have suffered under the repressive regime and also of the political prisoners undergoing prison life which the transition is on the article also exposes the prison system and political prisoners being victims of torture and trauma. The article ends with suggestion that successful transition depends on bridging the gap between military and civil society.
- Seeking Justice for previous Human Right abuses and democratic transition in Burma, (by Zulma Niranda). The article considered both judicial and non – judicial accountability mechanism to seek Justice for human Rights violations. It has also discussed experience of other countries and then lessons for Burma. Truth and Reconciliation and prosecution, the two aspects in a transition have been briefly discussed.
- Collapse of transitional strategy. In this the on-going Israel-Palestine conflict has been commented and the dangers it poses to dialogue/ negotiation concepts.
- International Criminal Courts; It has shortly pointed out that the exemption given to UN peace-Keeping from the court's jurisdiction is not correct. ICC is the only deterrent for the impunity with which human rights crimes are committed.
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Legal Issues on Burma Journal No. 13
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Published in December, 2002
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No. 13 of Legal Issues on Burma Journal contains 8 articles.
- John Doe and Others vs. Unocal Corporation and Other (by John Southalan): This a judgment of U.S. Court confirming human rights abuses of the ruling junta, Burma SPDC associated with constraints of a pipeline in Southern Burma. The villagers were subjected to forced labor by the company and the military provided building infrastructure.
- Anti-Trafficking Human Law in Burma -Need of the Hour- (by B.K. Sen): The article brought out the differences in former legal definition of the term. It focused on the magnitude of the problem and set out the recommended guidelines of human rights commission. The emphasis of the article was to put in place immediately an anti-human trafficking law.
- "The controlling money Laundering Law" significance of the Press Briefing (by Legal Aid Section): In this article, the latest press briefing on the subject by the SPDC was analyzed. The significance of the press conference was to give assurance to the potential offenders not to panic.
- Special Features: Charter of Legal Reforms in Burma (by Thein Oo and Janelle Saffin): It is set out in the project the preamble, its description, objectives, and approach. It traces the legal history it marks the legal areas for reform, the need for new laws, the reform process as part of restoration of rule of law. However, this article does not reflect the official platform of the BLC.
- Interview with Pado Man Shar: This was by leading Karen leader, Pado Man Shar, and it brought out the commitment of Karen national ethnicities to the Federal Union of Burma.
- Sri Lanka Peace talks: The peace talks in Sri Lanka Between ethnic minorities and majority were mentioned; also what reflection it has on Burma.
- "Regime change" Burma and Iraq: The differences in situations of the two countries were brought out, although both needed changes.
- Judicial Laws Exposed, China: This article gives a glimpse as to how China was trying to reform its legal system contrary to Burma.
- Law Journal in Burma Attorney General or Prosecutor General (Burma)?
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Legal Issues on Burma Journal No. 14
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Published in April, 2003
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No. 14 of Legal Issues on Burma Journal contains 10 articles.
- Thoughts on the U.N. Special Rapporteur to Burma (by Prof Joseph Silverstein): A critical review of the U.N.'s outgoing Special Rapporteur to Burma, Paulo Pinhiero, and an account of his activities in regards to Burma over the past five years. Silverstein asserts that despite his lack of visible success as the Special Rapporteur, Pinheiro's efforts have built a strong foundation for his successor that will most definitely lead to future gains for the Union of Burma.
- Unocal's Destructive Engagement in Burma- the Lawsuit Ensues (by Danya Marshman): An account of the Unocal/Total pipeline project in Burma, from its beginning stages to the present. Marshman focuses on the legal process undertaken by several human and environmental NGO's in prosecuting the multinational corporations, commenting on the delayed progress of the lawsuit.
- Criminal Case for a Cause: India's Democracy on Trial (by B.K. Sen): Sen recalls the 1990 hijacking of a Thai Airways flight en route to Rangoon. While the criminal proceedings against alleged hijacker Soe Myint have yet to begin, Sen dictates the statutes of Indian law under which the defendant will be tried and the implications involved.
- Need for Legal Aid Law in Burma: Problems and Prospects (by B.K. Sen): A historical account of Burma's problems in implementing legal aid contributions. Recommendations are offered on how this assistance can be implemented more effectively.
- Institutional Legal Aid: Trends and Challenges in the Asian Region (by B. Payoyo, LL.M, Ph.D.): Discusses the legal aid landscape in the developing world and the changing idea of an openly political inspiration to legal assistance. Specific emphasis is placed on legal aid organizations as defenders of human rights.
- Workshop on Mutual Legal Assistance and the Office of the Attorney General (by Dr. Tun Shein): A caveat is raised. B.K. Sen asks, "Will the Office of the Attorney General convene a workshop on legal aid in Burma and end up with a conclusion recognizing the dire necessity of legal aid law? A representation and critique of Burma's Office of the Attorney General.
- Interview with Khu Bya Reh: A conversation with the influential Karenni State President on past, present, and future state constitutions. Also discussed is the tripartite dialogue within the transition process.
- The SPDC and Burma's Constitution: General Than Shwe's Union Day message and the hypocrisy that has preceded it. Comments on how General Than Shwe must act in order to truly follow his promises.
- The Bank Run in Burma & A Legal Issue: An account of Burma's most recent economic crisis and the additional struggles the government now faces. The need for transparency is highlighted in managing the nation's financial state.
- The 1973 Interpretation of Expressions Law: Dissecting the outdated statute that allows the junta a centralized grip on the legal system of Burma, making no separation of power between the executive and legislative authorities.
- The Bar Council Under the SPDC: Shedding light on the selection process of Burma's government advocates.
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Legal Issues on Burma Journal No. 15
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Published in August, 2003
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No. 15 of Legal Issues on Burma Journal contains 5 articles.
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The State Protection Law Protects The Junta (by Aung Naing Oo): Aung Naing Oo explains the plight of U Kyaw San to illustrate Burma's notorious state Protection Law. Discusses the judicial Procedures and lack of protection or representation and includes that its abolition is a necessary condition for national reconciliation.
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Ethnic Problems and Constitutional Solutions (by Dr. Alan Smith): Alan Smith gives an erudite exposition of politics of ethnicity in the context of Burma's perennial ethnic problems. The making of a future Constitution of Burma has been made difficult by the military. He has stated that the ethnic leaders in exile have made serious efforts in discussing a Federal Constitution including State Constitutions. Alan Smith has explained lucidly the problem of regional autonomy and federalism. This issue of 8 state formula Vs 14 State formula with diagrams, the rights of minorities. Alan Smith underscores the need for a consensus model of decision making at the national lever rather than pursue a pure form of federalism.
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Securing Media Freedom in a Democratic Burma: Some Reflection (by Dr. Venkat Iyer): Dr. Venkat argues that Burma's post-independence need of despotism is an obstacle to clear and hard-heading thinking to evolution of a free media. Constitutional, Legal, political and practical protections are needed to guarantee Freedom of Media. Dr. Venkat also elaborates as to whether media should enjoy any special privileges under the law.
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Preliminary Report of The Ad hoc Committee on Dapayin Massacre (Burma) (by The Ad hoc Committee on Dapayin Massacre): It contains ten items tracing the formation of the Ad-hoc Commission on Depayin Massacre background of the event and the event itself and analysis as to why such event happened. As evidences, affidavits of eye-witnesses interviews, photo exhibits have been included. List of victims, list of persons arrested has also been given to lend authenticity.
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Dapayin Massacre, Crime Against Humanity, National Reconciliation and Democratic Transition (by Aung Htoo): This is a special article "Depayin Massacre, Crime Against Humanity, National Reconciliation and Democratic Transition", by the General Secretary U Aung Htoo. He has explained the motive behind the crime, namely to deny result of 1990 may election. The fact that is well-planned and directed against a specific "Certain population", he argued, constituted crime against humanity and perpetrators should be brought to justice. Further he submitted that within accountability, genuine dialogue with SPDC was not a reality.
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Legal Issues on Burma Journal No. 16
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Published in December, 2003
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No. 16 of Legal Issues on Burma Journal contains 4 articles.
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Legal Issues on Burma Journal No. 17
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Published in April, 2004
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No. 17 of Legal Issues on Burma Journal contains 4 articles.
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Legal Issues on Burma Journal No. 18
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Published in April, 2004
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No. 18 of Legal Issues on Burma Journal contains 4 articles.
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Legal Issues on Burma Journal No. 19
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Published in December, 2004
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No. 18 of Legal Issues on Burma Journal contains 4 articles.
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Legal Issues on Burma Journal No. 20
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Published in April, 2005
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Legal Issues on Burma Journal No. 21
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Published in August, 2005
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View Table of Contents
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Legal Issues on Burma Journal No. 22
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Published in December, 2005
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View Table of Contents
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Legal Journal on Burma No. 23
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Published in April, 2006
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View Table of Contents
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LawKa Pala (Legal Journal on Burma) No. 26
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Published in April, 2007
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View Table of Contents
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LawKa Pala (Legal Journal on Burma) No. 27
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Published in August, 2007
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View Table of Contents
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LawKa Pala (Legal Journal on Burma) No. 28
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Published in December, 2007
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View Table of Contents
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LawKa Pala (Legal Journal on Burma) No. 29
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Published in April, 2008
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View Table of Contents
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LawKa Pala (Legal Journal on Burma) No. 30
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Published in August, 2008
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View Table of Contents
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No. 20 of Legal Issues on Burma Journal contains 8 articles.
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Bangkok Office : |
Burma Lawyers' Council P.O. Box 144, Mae Sot , TAK 63110, Thailand,
E- Mail : [email protected]
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for additional information about our branches click here
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