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This thesis provides a critical account of state transformation on one of the last ‘frontiers’ of mineral exploration and extraction. Mongolia’s struggle to consolidate its extractive development strategy lies in a fundamental tension between the nature of global capital investment and the responsiveness of national democratic institutions to their political electorate. In this sense, Mongolia is part of a broader pattern of state formation in a global era. This pattern has been recognised in established Western democracies, but, as this thesis argues, vulnerable states in the periphery of the global economy are also being affected with potentially more immediate and alarming consequences. In the context of a transition to a development strategy reliant on the extraction and export of raw minerals (primary commodities) since 1997, the Mongolian state has entered the world of competitive international finance (as opposed to development loans) and investment, in which courting and preserving the interest and ‘confidence’ of the investor is paramount for the government. In the early years of the millennium (2003-2012), Mongolian citizens became increasingly engaged in democratic political processes and particularly vocal regarding the lack of perceived public benefit from mining investment and the damaging socio-environmental consequences of extraction in rural areas. Thus, I argue that a constitutional struggle played itself out between the contradictory impulses of the state towards investors and citizens as evidenced in the see-saw cycles of legal and policy reform between 1997 and 2013. Consequently, by the end of 2013, the general downturn in global commodity prices and the particular “vote of no confidence” in Mongolia’s investment environment from the majority of investors led to the consolidation of a cross-party ‘stability consensus’ within the state. The process of ‘stabilising’ the investment environment has occurred at the expense of the democratic constitution of the state, demonstrated in the curtailment of Parliamentary powers over policy-making processes, the limitation of self-government for sub-national administrations and the restriction of civil society organisations’ participation in political processes. As a post-socialist state adjusting to the constraints of the global economy and the cycles of commodity markets, Mongolia provides concrete evidence of the antagonistic relationship between national democracy and global economic integration, and the reality of the latter’s constitutional impacts.

This thesis examines the challenges that the Federal and Amhara National Regional State (ANRS)1 Courts of Ethiopia face in the realisation of legal and social justice. The Ethiopia Constitution (1995) under Article 43 declares that Ethiopian people have the right to improved living standards and sustainable development where the basic aim of development activity is to enhance, through their full participation, citizens’ capacity for development and the meeting of their basic needs. The Constitution underlined this as the ‘North Star’ of social justice which would be meaningless unless dispute resolution mechanisms empower litigants and the people in gaining social justice and thus the attainment of the Constitutional objective. The attainment of the social justice is however problematic as the legal justice the formal court is administering does not meet the people’s Constitutional expectations. The mismatch between legal and social justice, coupled with the legal history and the prevalence of justice pluralism, tends to force the People of Ethiopia to use non-formal systems of dispute resolution. Thus, there is a need to refine the formal and non-formal systems and to align them with the Constitutional imperative of social justice. Judicial reform is being implemented, with the help of international institutions like the World Bank, but the underlining concern is whether the World Bank proposals on judicial and legal reform will meet these needs or whether they are too located in Western values, the suggestion being that they may suffer from the same problems as other modernisation projects. There also lies a tension between the Constitutional expectation, the conceptualisation of justice by professionals and clients, and the overall purpose of securing justice and preventing injustice. Litigants’ preference for justice is itself in conflict with other litigants and the diverse institutional understanding of justice that made the attainment of social justice a difficult exercise. The area is found to be so problematic that there is a need to re-connect the practical conceptualisation of justice with the Constitutional conceptualisation of social justice which the Federal and ANRS courts require the redoing of justice so that the conceptualisation of justice would not cause irreversible damage to people’s societal, economic, and ecological demands and to the sustainability of justice and development.

The emergence of mobile money and other new forms of payment has changed the sovereign foundations of money. Starting as a DFID funded project in Kenya, mobile money has now spread to many countries including Malaŵi. This thesis looks at the regulatory issues that mobile money poses, and the risks that this alternative form of payment poses to the financial system. The thesis argues that the traditional regulatory architecture of supervising the financial services is ill-suited to supervise mobile money. There are essentially two models of mobile money: telco-led and bank-led. The first is an innovation by telecommunication operators and utilises the small messaging service. There is no requirement to own a bank account. The bank-led model is linked to a bank account. The regulatory approaches to these two models are different. Unlike the telco-led, the bank-led model is under prudential regulation. This has manifested itself in the way the services have developed. The telco-led model had thrived while the bank-led model has fizzled indicating that for mobile money, less regulation may be an enabler. Mobile money is now considered a key developmental tool to achieve financial inclusion among the poor, rural based, unbanked, and underbanked. As opposed to traditional additive forms of financial inclusion, mobile money, especially the telco-led, is transformative. It employs a different approach where the consumer does not have to have a bank account or even travel to a bank to access financial services. In Malaŵi, the financial regulatory framework largely embodies the command and control model. Mobile money, however has largely been regulated using light-touch, with regulation following innovation. This thesis proposes an approach based on the concept of really responsive regulation. This approach, is best suited to embrace mobile money as it passes through the different phases of its evolution.

The Nigerian judicial system is currently in a state of distress. Not only has the judiciary been trailed by allegations of corruption, incompetence and god-fatherism amongst others, the wheels of justice in Nigeria are slowly grinding to a near halt. This is because of the large and growing case list of courts as well as the recurrent industrial strike actions embarked upon by court staff. As a solution to this crisis, stakeholders have put forward a number of suggestions, one of which is the use of alternative dispute resolution methods like domestic arbitration, as a solution to the problems of the judiciary and as a viable alternative to the court system. As we will however come to see in this thesis, Nigeria’s Arbitration and Conciliation Act 1988 (“Arbitration Act”), which is based on the UNCITRAL Model Law 1985, is not only outdated, it is also for many reasons not suitable and relevant to a developing country as Nigeria. For example, the existing Arbitration Act fails to take the legal and social idiosyncrasies of the Nigerian nation into consideration. Furthermore, the Act fails to incorporate the pre-existing and judicially recognized customary arbitration practice into the Act. In addition, the Nigerian Arbitration framework contains a number of anti-arbitration provisions, which have clearly inhibited the growth of domestic arbitration in Nigeria. Moreover, between 1988 and now, a number of beneficial changes have occurred within the sphere of arbitration and from which the Nigerian arbitration framework can draw lessons. All these among others, make the Nigerian Arbitration Act an unsuitable alternative to the court system in Nigeria. This thesis therefore recommends a bespoke domestic arbitration framework, which takes account of the legal and social idiosyncrasies of the Nigerian nation as well as recent but relevant domestic arbitration practices in similar jurisdictions as Nigeria. Among other recommendations, the proposed framework borrows a leaf from the deeply rooted and judicially recognised customary arbitration practice in Nigeria. Furthermore, in a bid to identify and incorporate relevant provisions and practices that have emerged within the sphere of domestic arbitration between 1988 and now, we undertake a comparative analysis of the Ghanaian Alternative Dispute Resolution Act 2010, the UNCITRAL Model Law 2006, the English Arbitration Act 1996 as well as the Uniform Act on Arbitration 1999 of OHADA. It is believed that this modern but tailored framework will encourage the use of domestic arbitration in Nigeria and by extension ameliorate the problems in the judicial system.

This empirical thesis explores the ways some Third World States use the patent regime as set out in the TRIPS Agreement to effect certain development and public health goals. It also investigates how non-state actors in these countries participate in patent law making, thereby creating narratives and counter-narratives that are challenging global norms on pharmaceutical patent protection. To do this, the thesis takes the three different examples of Brazil, India, and Nigeria and tells the story of patent law making within each of them. Adopting a Third World Approach to International Law as a macro-theoretical guide and nodal governance theory as a supplement, the thesis maps the broad interpretations and contestations of international patent law within the Third World. In doing this, the thesis pays particular attention to the everyday life of international patent law through the examination of practices that unfold through the different sites and objects in which international law operates today. In unpacking the patent law making in the aforementioned countries, the thesis posits that there is an emerging body of IP jurisprudence from the Third World that is expanding the aperture on norms governing pharmaceutical patent rules and medicines access discourse. In other words, the politics of international law making and implementation is shifting dramatically due to the confluence of different actors from various sectors in different forums in Brazil and India that are articulating counter-hegemonic pharmaceutical patent rules. The concomitant effect is not only the adoption of alternative pharmaceutical patent laws that are pro-human rights – especially pro-public health rights – in its articulation, but are also hermeneutic expressions of resistance against, and reform of, the international IP regime. In interrogating these narratives and counter-narratives that frame the global intellectual property regime in Third World forums, this thesis articulates successful counter-hegemonic discourses on patent law making and extrapolates lessons for Nigeria.

As a new emerging industrializing nation, industrial pollution is a challenge in Ethiopia. To address the problem, the government has introduced different laws, policies, strategies and established environmental organizations at federal and regional levels. However, the government has not performed well in this regard due to various barriers militating against sustainable industrial pollution control and management. Partly this is due to organizational weaknesses, lack of effective implementation of standards as well as the absence of expertise and capacity building. The aim of this research is to investigate the practice of industrial pollution control and management in Ethiopia with particular emphasis on two selected industries. For the practical investigation a methodology that combines semi-structured interview from key informants in industrial pollution, together with documentary and observational data has been employed. The findings of the research show that the magnitude of industrial pollution is rapidly increasing in the country. This is particularly the case in the textile and leather industries. It is also more severe in urban centers where most of the industries are located. The problem is most operating industries in Ethiopia do not have waste treatment plants. They simply discharge their untreated effluent to the nearby rivers or drainage facilities in violation of the established standards. Even for those industries with treatment plants (including the two case study industries) the treatment plants are not functioning properly due to cost implications; and they discharge their effluent to the nearby rivers with nominal treatment. Thus, they are sources of damage to the environment and the nearby communities. The main barrier to industrial pollution control has been the application of weak form of sustainable development policy and lack of institutional regulations—including laws and organizational implementing mechanisms. This is manifested through lack of political will on the part of the government to enforce the existing industrial pollution control laws; lack of capacity (resource and personnel) and coordination among the environmental organizations. On the part of the affected community there is lack of awareness and organization to protect their constitutionally enshrined right—the right to clean and healthy environment. Similarly there is also lack of corporate social responsibility on the side of the two industries subject of the study.

Through analysis based on an empirical study of the Chinese criminal process, this thesis examines the underlying reasons that lead to a striking feature of criminal trials in China---the absence of witnesses. The Chinese criminal justice system routinely relies on official written dossiers to determine the guilt or innocence of the accused. To investigate whether the constructed written evidence is truly reliable, participant observation and semi-structured interviews have been conducted to explore how these investigative dossiers are created, scrutinised and utilised at different stages of the criminal process. Themes that emerge in this study include the police's manipulation and fabrication of written statements, prosecutors' acceptance of, and even encouragement of, police malpractice in falsifying evidence, coerced prosecutorial interrogation in pursuit of a guilty plea, the pro forma trial process, predetermined judicial outcomes based on the official dossier produced and marginalised defence practice throughout the criminal process. Approaching the enquiry from an internal perspective of the legal institutions for the first time within empirical research, this study outlines the key issues with the Chinese criminal justice system through examination of the strategic inter-relationships between the key legal actors, the deep-seated legal culture embedded in legal actions and the structural injustices that follow. Positioning these findings within the Chinese socio-political context, this study reveals that the criminal justice system in China is not a precise truth-finding process, but serves as a State apparatus of social control. The criminal justice system has been structured through the Appraisal System, bureaucratic management, and the central value of collectivism in such a way as to maintain the stability of the authoritarian regime. None of China’s criminal justice institutions are capable of functioning independently to protect innocent individuals from being wrongly accused and convicted. Thus, wrongful convictions should not be seen as aberrational or exceptional, but as an inevitable outcome of established deficiencies.

This thesis examines the nature, content and legal implications of the constitutional right to development and investigates its (non-)realization by inquiring how development and human rights are being pursued in Ethiopia. In addressing these issues, this study analytically situates the conception of the right to development as enshrined in the Federal Democratic Republic of Ethiopia (FDRE) Constitution within the context of the general human rights and development debates, the normative framework of the right to development as established by the United Nations Declaration on the Right to Development (UNDRD) and the African Charter on Human and Peoples Rights (ACHPR). Thus, it discusses the theoretical and moral basis for linking development and human rights and conceptualizing the claim for development as a distinct human right. It further explores the evolution of the right to development into an international human rights norm and addresses its attendant controversies. It subsequently analyses the nature and content of the right to development as established under the UNDRD and ACHPR before engaging with the issues relating to the FDRE Constitution. This research has employed doctrinal and comparative legal research methodologies and also involved critical analysis of policy documents and data from secondary sources. This research finds that the right to development as enshrined in the FDRE Constitution is enunciated in ambiguous terms and asserts that it needs to be understood within the broader constitutional context of Ethiopia which, in conformity with UNDRD and ACHPR, considers development and human rights to be interdependent and mutually reinforcing projects which can only be realized through such interdependence and mutuality. It further submits that the constitutional right to development generally provides a legally binding normative framework within which development processes in Ethiopia should be pursued and puts a constitutional limit on the power of the State as it relates to development undertakings. It, however, identifies that, despite its legally binding nature, the observance of this right is not provided with effective guarantee (enforcement mechanism) as the Ethiopian courts are excluded from enforcing constitutional human rights. This study also claims that the realization of the constitutional right to development has been impeded by the governing ideologies of revolutionary democracy and developmental state which undermine the basic conditions necessary for undertaking development and human rights as interdependent and mutually reinforcing goals of the Constitution. Its review of Ethiopia’s successive development policies reveals the marginal importance given to human rights in general and the two fundamental aspects of the constitutional right to development – the right to active, free and meaningful participation in development and the right to fair distribution of the benefits of development – in particular. Its assessment of Ethiopia’s balance sheet of socio-economic development and human rights in the last decade also attests that development and human rights have been practically disentangled and signals the need for taking the constitutional right to development seriously.

The study develops two significant arguments in relation to Pakistan’s socio-legal situation and analysis. First, it outlines and discusses the various prominent facets of the country’s legal architecture to formulate and present, what the thesis terms as, Pakistan’s Socio-Legal Tapestry. It considers the historical and conceptual trajectories of some of the multiple legal and normative structures that prevail in the country, their interplay and encounters, as well as their limitations and problems. It puts this socio-legal architecture at the heart of the examination, and by making the different constituents of the legal terrain explicit – components that include common law, Islamic law, colonial law, traditional law, legal ‘exteriority’ of tribal regions, and issues of ‘lawlessness’ – it makes the case for a holistic understanding of law as the necessary prerequisite to understanding the difficulties that that the country’s law, state and the wider society are faced with. The second significant argument of the study emerges from this expansion of the subject matter of (socio)legal analysis. It is argued that a shift in the understanding of what constitutes law in the context of Pakistan logically leads towards a (re)consideration of the lenses and narratives generally employed to examine it. The identification, examination and problematisation of these narratives – which include the dominant state-oriented legal narrative and the legal positivistic approach, the Islamic law narrative, legal pluralistic approach and the ascendant discourse on human rights – formulate the second substantive part of the study. It is argued that these Narratives of law differ in terms of how they perceive the context, identify their priorities, frame the problems and then propose solutions for their rectification. However, caught in a struggle to maintain their definitional consistencies, these narratives are only able to adopt a partial view of the picture and, owing to that, they generate contradictions that ultimately weaken their approach and proposed solutions. The purpose behind these two arguments is both to make a case for new avenues of context-specific legal analysis, as well as to create possibilities for it in the case of Pakistan. The problems that the country faces and the suffering that its people experience create an urgent need to recognise the deficiencies, both in our conceptualisation of law in this particular context, as well as the narratives, perspectives, theories and ideologies that we employ to approach it. This necessitates the search for alternative narratives for comprehending Pakistan’s socio-legal situation, to offer more nuanced approaches that might enable us to frame issues differently. This, I argue, is the most pressing task for those engaged in the analyses of legal, social and political spheres of Pakistan, and the necessary first step if our goal is the (re)formation of the legal and normative orders to make them more accountable to the people. By adopting the framework of colonialism and Coloniality to offer a different lens to understand Pakistan’s socio-legal peculiarities, the study presents one such attempt in this vein, with the purpose of initiating discussion and inviting critique.

This study, for the first time, brings together the detached understanding that facilitates coherent analysis of the emerging legal and regulatory issues that mobile payments introduce after financial inclusion in Kenya. To pursue these arguments firstly the thesis finds that the law on payments systems is incomplete as it does not address the specific issues necessary for an effective payments systems. It also puts forward the argument that the current regulatory regime is weak and largely unfelt due to its nascent state of development. Furthermore the current legal instruments are dispersed, and not uniformly applied among and across all payments systems and instruments as there exists an ambiguity in the legal definition of ‘mobile money’ and ‘deposits’ that present legal challenges in the enforcement of new regulations. Secondly, the cross-roads between the telecommunications industry and the financial industry that introduces non-banks into the retail payments market, presents a challenge in its effective regulation. As policy objectives are blurred when firms which are traditionally separated have to find appropriate regulatory frameworks in convergence. Thirdly this thesis examines the approach taken by Kenya in regulating mobile payments juxtaposing the realities that combine to blunt the impact of innovation and access to finance. This thesis serves as a foundational discussion on the regulatory capacity for the adoption and development of mobile payments within a regulatory vacuum and proposes that an appropriate regulatory framework is needed to addresses all these issues.

This research examines the regulation of phishing in Taiwan, particularly focusing on legal regulation but within a context of a multi-dimensional regulatory framework which also necessarily includes an examination of international regulation and the interaction between international and Taiwan regulatory interfaces given the transnational nature of phishing. Phishing is a malicious cyber activity which targets the acquisition of various types of confidential information by deception through the use of spoofed emails and/or websites. The increasing threat of phishing to information security has inspired a growing demand for regulation. Significant effort has been made in academic research and by industry to develop regulatory measures for phishing, which is dominated by technological work with comparatively little research on legal regulation. The current legal discussion of phishing, both international and Taiwan, very often concentrates on the criminal liability of phishers and pays little attention to the alternative role of law in the regulation of phishing. Thus this research suggests a broader approach to legal regulation that goes beyond criminal law and particularly addresses the role of information privacy law which constrains phishing by ensuring the protection of personal information. Phishing has posed crucial challenges to the traditional system in terms of both criminalization and legal enforcement. The solution that has been mostly addressed by the existing research is cooperation. As phishing is frequently a global phenomenon, this research suggests that an international approach involving coordination of legal standards and cross-border cooperation of law enforcement is necessary to tackle phishing, and also suggests that the fundamental step lies in a converged regulation of phishing consistent with its true context. Weak legal enforcement is a major deterrent to the effectiveness of legal regulation which highlights a need for a broad from of regulation that goes beyond law. In addition, a successful phishing episode involves a complex of factors including not only weakness in law but also vulnerability of technical infrastructure, administrative system and user awareness. A single solution is thus unlikely to deal with phishing. This research therefore suggests a multi-dimensional regulatory framework comprising different countermeasures developed especially in the areas of law, technology, education, and institutional network. It examines the anti-phishing approach undertaken in Taiwan employing qualitative methods to supplement the doctrinal research. In the context of a shortage of Taiwan scholarship on this subject, the research provides a set of suggestions to Taiwan development of a multi-dimensional regulatory scheme.

In documented incidents alone, between January 2006 and December 2009, 900 people were killed in 534 incidents of group conflict in Turkana. On the basis of this apparent lawlessness, the central research question queries whether the apparent inability of the state law and its institutions to manage group conflicts in Turkana districts denotes a crisis of application or a crisis of substance. Is the problem merely the extension of structures of state law such as courts, prosecutors, security agents, prisons and advocates to Turkana or does the crisis speak to a more fundamental challenge. The research argues the latter, that the relationship between state law and group conflicts in Turkana demands an interrogation of the conceptual and institutional dimensions of modern state law. The thesis interrogates how state law is incorporated; an apparatus of power through which certain regulative rationalities come to reframe the terrain upon which people in Turkana live and define their lives. In order to move state law in a radically improving direction, the research argues for a reorientation of rationalities and legality. The reorientation is advanced through two corresponding techniques that allude to the structural and perspectival elements of state law. Fashioned from amongst the unfinished representations of modernity and the initial task of conceiving a (post)colonial tension between regulation and emancipation, the first task involves building on those progressive aspects of state law that enhance its political legitimacy. The second requires the adoption of a transgressive mode of thinking described as 'knowledge-as-emancipation'. On the basis of these two prescriptions, state law can develop a more purposeful and emancipatory purpose within the conflict context of Turkana in particular, and Kenya in general.

Uganda is credited for carrying out extensive reforms in its tax system in the 1990s. The system of administration was overhauled together with a complete overhaul of tax legislation. The overriding objective was to increase tax revenues. Improvements were registered in the tax revenues but only temporarily. Since 2004, there has been stagnation in the tax revenue figures. The revenue from direct taxes only contributes about 20% to the total revenue well below the Sub-Saharan average of 40%. This has focused attention on the appropriateness of the reforms. The focus of the reforms on achieving efficiency did not sufficiently take into account the fundamental importance of equity within the system. As a result, the Income Tax Act 1997 embodies distortions and inequalities in the treatment of taxable income and taxpayers that have led to inefficiency in the system as a whole. The tax reforms also took a narrow technical view of the tax system. Taxation has an impact on state-building and is, therefore, affected by the state of governance. The reforms, even where they were well designed, have been affected by institutional weakness and the lack of accountability in the political process. The fact that institutional capacity affects effectiveness of the tax system is well documented yet it does not seem to have been taken into account in 1997 (UNDP, 1991:70). Taxpayer morale and revenues have been constrained by high levels of corruption within the Uganda Revenue Authority (URA) and arbitrariness in the award of tax waivers and other tax advantages. The purpose of the thesis is, therefore, to examine the distortions engendered by the tax system and their impact on taxpayer morale, tax revenue and investment. The thesis focuses on the direct taxation of profits from business activity in the formal and informal sector. An examination of the taxation of business profits provides an opportunity to highlight the distinctions in the tax system with regard to the treatment of the same type of income based on the legal status of the taxpayer and other considerations. The taxation of business profits in the corporate sector is compared with the taxation of business profits under the personal income tax system, taxation of partnerships and other unincorporated businesses. There is emphasis on the taxation of the informal sector which is presently less than satisfactory. However, the analysis is done in the context of the socio-political situation in Uganda. The weaknesses in governance and corruption have had an impact on the tax system by encouraging tax avoidance and evasion among political elites as well as on activities in the informal sector. The thesis also explores possibilities of broadening the tax base within the existing legislative framework as well as other possibilities for reform, for example, the call for the expansion of the tax base through taxation of land and agriculture by various experts and the URA itself (Private Sector Foundation- Uganda, 2009:122). Account must also be taken of Uganda’s membership of East African Community (EAC) and the constraints this puts on its exercise of fiscal sovereignty.

Discrimination based on health status is a serious problem in China, which influences the fundamental rights of millions of people. This thesis mainly discusses the nature, characteristics and reasons of discrimination based on health status in China. As a contextual and socio-legal study, this thesis employs doctrinal, empirical, historical, international & comparative law methods to provide a comprehensive and in-depth study on tackling discrimination based on health status in China. It is among the earliest researches that focus on the specific topic of discrimination based on health status in China. This thesis argues that various factors are responsible for continuing discrimination based on health status in China. Particularly, the fragmentary, incomplete, ambiguous and conflicting legislation, the ineffective, arbitrary and bureaucratic administration, the dependant and ineffective judiciary, the less active nongovernmental actors, and other relevant political, economic, medical and cultural factors, interact with one another to cause continuing discrimination. To pursue this argument, first, the thesis clarifies the necessity to prohibit discrimination based on health status by analysing relevant definitions and theories of such discrimination. Second, the thesis explores how discrimination based on health status has been tackled in international law and domestic law in various other jurisdictions, in order to reveal international responsibility China should bear and foreign lessons China can learn. Third, the thesis examines how discrimination based on health status has been tackled in Chinese history and reality to understand why such discrimination remains serious today. Fourth, the thesis discusses findings of the author’s fieldwork on tackling discrimination based on health status in China to investigate the effectiveness of the current anti-discrimination regime. Based on the above analyses, the thesis finally concludes the main reasons for continuing discrimination based on health status in China and proposes a more effective antidiscrimination regime in China to prohibit such discrimination.

This thesis examines the impact of structural reform strategies of International Financial Institutions (IFIs) on the rule of law, good governance and development in Pakistan. In doing so, it explores the extent to which the ethos and instruments of rule of law and good governance could be helpful in mitigating problems of social justice as experienced by Pakistan. One important outlet through which this is explored is the internal factors that have aggravated conditions of poverty and social injustice. The interface of these social variables is made possible by the scale of Pakistan’s social challenges which has culminated in the involvement of IFIs in the country’s internal struggles. But like other countries, the IFIs involvement in Pakistan’s domestic affairs has aggravated social injustice rather than alleviating it. The principal argument of this thesis is that absence of social justice in Pakistan could be attributed to the interaction between IFI policies, weak structures of governance and the rule of law. While IFIs policies have recently attempted to emphasise human rights, good governance and the rule of law, these have been ineffective partly because of IFI submissiveness to strategic interests of the United States and Western powers. The theoretical and analytic framework of the thesis is mediated through Amartya Sen’s capability approach. Capability means: What people can positively achieve is influenced by economic opportunities, political liberties, social powers, and the enabling conditions of good health, basic education, and the encouragement and cultivation of initiatives. The institutional arrangements for these opportunities are also influenced by the exercise of people’s freedoms, through the liberty to participate in social choice and in the making of public decisions that impel the progress of these opportunities (Sen, 1999:5). The theoretical framework is used as the frame upon which to engage the impact of Structural Reform Strategies of IFIs on the rule of law, good governance and development in Pakistan as the case study.

Islamic practices have led to exhaustive debate in academia ranging from the traditional battlefield of gender related issues to the relatively new decisiveness surrounding the war on terror. In most of the debates regarding Islam, when one legitimises or delegitimises his/her stance, the divine is invoked as the main point of reference. The divine thus turns into the source of vice and virtue simultaneously through these competing opinions. In this game of "authenticity", we often ignore the aspect that, in our religious zealousness, the divine itself is victimised. This is because, while referring to the divine as the main architect of our opinions, we sideline those non-divine factors in the process of constructing "authenticities" which help shape our reading of the divine. The divine is simply a part of our constructed "authenticity" but not its exclusive constituent. We need to realise that the divine is not read in a vacuum and by those who do not have materiality; its readings are always carried out by those who are a product of their own circumstances and their understandings are routed through their particular contexts. The present study is an effort to analyse those non-divine factors which help shape our reading of the divine, and are not any less important in the process of constructing "authenticity" than the divine with reference to the gender discourse of Jamaat-i-Islami Pakistan. This study proposes that there is always a need to maintain a gap between our understanding of the divine and "the divine"; because of the fact that the former is constructed, while the latter believed by Muslims as eternal, hence immutable. In addition to carrying out problematization of "authenticity" of the JI discourse, the study underscores the fact that problematization ought to be an integral part of our exercise of ascertainment of "authenticity" so that we may maintain the gap referred to above.