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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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 |
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 |
Published in August, 2005 |
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View Table of Contents |
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Legal Issues on Burma Journal No. 22 |
Published in December, 2005 |
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View Table of Contents |
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Legal Journal on Burma No. 23 |
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 |
Published in August, 2007 |
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View Table of Contents |
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LawKa Pala (Legal Journal on Burma) No. 28 |
Published in December, 2007 |
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View Table of Contents |
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LawKa Pala (Legal Journal on Burma) No. 29 |
Published in April, 2008 |
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View Table of Contents |
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LawKa Pala (Legal Journal on Burma) No. 30 |
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 29, Hua Mark Post
Office, 10243, Bangkok Thailand,
E- Mail : blcsan@ksc.th.com |
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for
additional information about our branches click
here |
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