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Legal Issues on Burma Journal No. 7


No. 7 of Legal Issues on Burma Journal counted 71 pages and contained 8 articles within 6 different scopes:

  • Dealing with Past Human Rights Abuses: Promoting National Reconciliation in Future Democratic Burma, an article within the scope of justice in transition, written by Professor Jeremy Sarkin. He explains three models of transition and the possible choice for Burma. Truth, Justice and National REconciliation are to be kept in mind, when Burma's new democratic government deals with human rights abuses committed by past authoritarian regimes.
  • 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.
  • 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.
  • 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.
  • law making and Law Enforcement in Burma: Junta's Failure in Regard to Forced Labour, an article within the same scope, written by Janelle Saffin. Author points out that the military Junta's Law making and enforcement, does not match the ILO's requirements to end forced labour.
  • 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.
  • 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.
  • Constructive Engagement with Burma Sees Red Light, a brief article by BLC about a joint venture between a Singapore-based company and the Ministry of Industry No. 1 of the SPDC.
  • Burma's Election and Constitutional History: A Snapshot, which is an outline of a speech given by Janelle Saffin, BLC Executive Member, at a seminar on Burma and its path towards independence and democracy, hosted by the New Zealand Asia Institute on 18 and 19 August 2000.
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