Contributors

Justice Dr. Ananda Mohan Bhattarai is currently a judge at the Supreme Court of Nepal.
Justice Bhattarai holds M.A (English & Pol. Sc.) from Tribhuvan University, and LL.M.
& JSD from National Law School of India University. He is also a recipient of Hubert
Humphrey Fellowship (2002-03) for research study at MIT, USA and Alexander von
Humboldt Fellowship (2005-06) at Max Planck Institute of Comparative Public Law and
International Law, Germany. Justice Bhattarai has handed down many landmark decisions
on the protection of human rights, gender justice, criminal justice, heritage protection
and environmental justice. He has also authored 4 books and contributed several dozens
of articles on legal issues in national and international Journals.

Dr. Bijay Singh Sijapati is a Professor of Law, serves as a member of the teaching Faculty
of Law, Tribhuvan University, Nepal since 1983. Since December, 2018 to till date he is
working as a Dean, Faculty of Law, Tribhuvan University, Nepal. In 2003, he was awarded
Ph.D. degree on "Comparative Study of Environmental Protection Law in India & Nepal,"
from the Faculty of Law, University of Delhi, India. He is also a Senior Advocate of the
Supreme Court of Nepal and member of IUCN, Commission on Environmental Law. He
is the author of seven books. His sole authored books are- Environmental Protection:
Law and Justice; Environmental Law: A Study on International and National Perspective;
Comparative Environmental Law (special reference in Nepal, India, United Kingdom
& United States); Child Rights and Juvenile Justice; Company & Corporation Law;
International Environmental Law and Batabaran Kannon. He has also written more than
five dozen research-oriented articles which are the most popular contribution in the field
of Environmental & Natural Resources Law. Recently he is a Senate member of Tribhuvan
University, Nepal.

Dr. Chandra Kanta Gyawali is a Senior Advocate of Supreme Court of Nepal. He has done
his Doctoral degree in "Peoples' Sovereignty under the Constitutional Law of Nepal: A
Comparative Study on Some Democratic Countries." He also holds M.A. in Anthropology
and M.A. in Political Science from the Tribhuvan University of Nepal. He has also
contributed four dozen research articles in the federal system, electoral system and
law, human rights, inclusion and justice system. He has published more than two dozen
books such as Constitutional Law of Nepal; Federalism in the World; Restructuring of
the State; Peoples' Sovereignty; Constitutionalism and more recently a Treaty of Sugauli
and Citizenship in Nepal and Interpretation of the Constitution of Nepal. He has attended
in numerous national and international seminars and conferences as a key speaker on
federalization and restructuring of the state, inclusive democracy, electoral system and
constituent assembly and constitution making process. Dr. Gyawali is also the recipient
of numerous awards, to name few he is a recipient of Bidhya Bhusan Padak awarded by
the then Rt. Hon'ble Ram BaranYadav, first President of Nepal in 2011; Best Law Book
Award, 2075 awarded by Rt. Hon. Cholendra Samsher Rana, Chief Justice of Supreme
Court of Nepal, and recipient of Excellent Book Award to the Constitutional law of Nepal
awarded by Nepal Bar Council.

Dr. Laxmi Prasad Mainali, Professor of Law, serves as a member of the teaching Faculty
of Law, Tribhuwan University, Nepal since 1988. He also worked as a Head of Central
Department of Law, Tribhuvan University in the year 2017-2019. He also has a Ph.D.
Degree on "A Critical Study on Juvenile Justice System in Nepal" from the Faculty of
Law, Tribhuvan University. He is a Senior Advocate of the Supreme Court of Nepal. He
is the author and editor of over 10 books, book chapters, journal articles, and/or case
commentaries. His first sole-authored book "Crime Related to Untouchability in Nepal"
was published in 2010. His second sole-authored book "Juvenile Delinquency: Concept
and Theory" was published in 2012. His third sole-authored book "Juvenile Justice
System in Nepal was published in 2016 and was awarded by Lawyer's Club, Kathmandu
and Shankar Lal Kedia Foundation as an "Excellent Law Book Award." Prof. Dr. Mainali
has written more than four dozen research-oriented articles, are the most popular
contribution in the field of Law and child justice. Recently he is elected Senate Member
of Tribhuvan University.

Bishnu Prasad Soti, Deputy Superintendent of Nepal Police, currently, serving as a police
adviser in United Nations Assistance Mission in Somalia (UNSOM), Rule of Law and
Security Institutions Group (ROLSIG). He has also served as an NCB Officer of INTERPOL
Nepal in the year 2015-2017, as a Contingent Liaison Officer in United Nations- African
Union Hybrid Mission in Darfur (UNAMID) in 2013-2014, as a police adviser in United
Nations Mission in Sudan (UNMIS) in 2007-2008. Mr. Soti also has a Post Graduate
Diploma in Police Science, Master's Degree in Education, Political Science and LL.M.
Degree on Criminal Law and International Law from Tribhuvan University Nepal. He
has also graduated in several specialized Police courses in Nepal and abroad, which
includes NCB Officers' Course (Singapore, 2016), Forensic Criminology Course (India,
2013) and more than a dozen United Nations training programs Courses. Additionally,
he also participated in different seminars like traditional security issues (China, 2017),
INTERPOL Asian Regional Conference (Kathmandu, 2017), Head of NCB Conference
(France, 2017). Mr. Soti also has published more than a dozen articles in different
journals, CID Magazines, and other publications.

Dr. Tara Prasad Sapkota, Professor of Law, is a Senior Advocate of the Supreme Court
of Nepal. He had served as Dean to the Faculty of Law, Tribhuvan University, Kathmandu.
He holds Doctoral Degree (Ph.D.) in Environmental Law, and LL.M. Degree in Public
International Law, Human Rights and Humanitarian Law from Nagoya University, Japan.
He was also a Research Fellow of the University of Burgen, Norway. He has done some
significant researches in the area of environmental law, climate change law, human
rights and humanitarian law as part of his academic interest and consultancy services
and also contributed more than six dozen research articles in the law and justice that
have been published in some renowned publications in the country and abroad. He has
published three reference books in environmental law, environmental justice, and climate
change respectively. Besides these, he has presented papers in more than 100 national
and international conferences and seminars and also served as a resource person in
many national and international conferences.

Dr. Shamhu Prasad Khanal, Professor of Law, served as a university staff since 1976 to
1988. Since 1989 he continuously involved in teaching up to 2073/412 (B.S.). He has
also pursued 2 Ph. D. Degrees from TU. Among them, the first Ph.D. was completed from
the Faculty of Humanities and Social Sciences in 2056 (BS). Similarly, the 2nd Ph.D. has
also completed from the Faculty of Law in 2069 (B.S.), TU. He had been elected as a
President of TU Professors' Association, Nepal Law Campus Unit for 2064-2067 (B.S.).
He has authored 3 books and he has also written more than four dozen research articles
in various facets of law and legal issues. Among the books he authored: Administrative
Law, Fiscal Law, Law of Contract, and Business Law (as a Co-author). He is also a Senior
Advocate of the Supreme Court of Nepal. He has worked as a Head of the Department,
Faculty of Law, T.U. And recently, he is also nominated Senate Member (Senator) of
Nepal Open University, Lalitpur.

Krishna Prasad Bashyal, Associate Professor of Law, serves as an Assistant Dean of the
Faculty of Law at Tribhuvan University, Nepal. He also works as an Assistant Campus Chief
of Nepal Law Campus from 2007-2011. He is a Ph.D. Scholar on the topic "Appointment
of Judges in Nepal" from the Faculty of Law, Tribhuvan University. He has completed
his LL.M. degree on "Constitutional Law" from Tribhuvan University. Mr. Bashyal also a
Senior Advocate has authored two books. His first sole-authored book is "An introduction
to Jurisprudence" published in the year 2017. He has co-authored on a book named
"Family Law" which was published in the year 2019. Mr.Bashyal has written more than
two dozen research-oriented articlesin different subjects of legal issues. Bashyal has
experience in both the academic and administrative parts of the University with deep and
perfect leadership skills.

Rabi Narayan Khanal, Senior Advocate, holds LL.M. in Constitutional Law and M.A. in
Political Science from Tribhuvan University of Nepal. He has pleaded in more than 100
PIL in constitutional issues in the Supreme Court. He has actively participated at the
SAARC LAW Conference for two times 2000 and 2018, held in Kathmandu, and Probono
Asia (Kathmandu-2019). He has also served as a General Secretary and President of the
"Constitutional Lawyers' Forum (CLaF), Nepal" in 2010/2011, 2013/2014 respectively.
Recently, he is a protector of Human Rights and Peace Foundation (HURPEF). He is
also a Coordinator of the Constitutional Law Committee, Supreme Court Bar (2018-
20). He is Co-writer of the book "Citizenship in the Context of Nationalism, Equality and
Statelessness" published by CLaF, 2068.
Dr. Diwakar Bhatta is a District Judge and presently on deputation from the Supreme
Court of Nepal to the National Judicial Academy, Nepal as a Faculty. He has done
his Doctoral Degree (Ph.D.) in Criminal Law from Tribhuvan University. He holds LL.M
degree as the Gold Medalist, from Tribhuvan University and another LL.M degree in
International Law and Human Rights from the University of Hong Kong, Hong Kong.
He has done some significant researches in the area of International Law, Human
Rights, Constitutional Law etc. as part of his academic interest and excellence and also
contributed dozens of research articles in the law and justice that have been published
in some renowned publications of the country. Besides these, he has also presented
papers in the international and national seminars in International Trade Law, Criminal
Law and Commercial Law and Access to Justice etc.

Binod Bashyal, Associate Professor of Law, holds Degree in Constitutional Law and
Political Science from Tribhuvan University, Nepal and pursuing Ph.D. in Rule of Law. He
has been teaching Constitutional Law in Faculty of Law for past 29 years and now he is
Chairperson of Constitutional and Administrative Law Teaching Committee of Nepal Law
Campus. He has published Constitutional Law and International Law related books as
well as many research articles in law related journals.

Bijaya Prasad Mishra, Associate Professor of Law, serves as a member of the teaching
Faculty of the Law, Tribhuwan University, Nepal and currently, he works as the Convener
of the Nepalese Legal System Course. He was Central Member and Secretary-General
of Nepal Bar Association for the tenure of 2001-2004 and 2010-2013 respectively.He
has co-authored three books relating to Business Law, Contract law, and Mercantile Law
and authored more than four dozens articles on different aspects of law in several law
journals and newspapers of Nepal. Mr. Mishra was the Executive Editor of Nyayadoot,
the sole mouthpiece of Nepal Bar Association for 1997 to 2000. Presently, he is a
member of the Legal Education Committee of Nepal Bar Council and Nepal Bar Council
Act Amendment Recommendation Committee. Mr. Mishra has also been in active legal
practice since 1990.

Dr. D. N. Parajuli is an Associate Professor at The Tribhuvan University (TU), Faculty

of Law, Nepal Law Campus. He has specialized in Commercial Law, and International
law and Human Rights. He graduated LL.M. Degree from both Tribhuvan University
Kathmandu, Nepal; and from UN Mandated University for Peace, San Jose. He also
has a Ph.D. degree from the Tribhuvan University Kathmandu, Nepal. He is an Advocate
of the Supreme Court of Nepal. Currently, he is serving as the Campus Chief of Nepal
Law Campus, Kathmandu. He is acknowledged as a writer of various books concerning
Mercantile Law, Business Law, International Institution and Human Rights, Company Law
and Corporation Law, Contract Law, Property Law, and has published various research
articles in the area of law, justice, and human rights. He is also a Chief Editor of "Nepal
Law Review", a historic law journal of Nepal, and KANUNPARICHARCHA published by
Nepal Law Campus.
Dr. Awatar Neupane is a Lecture at National Law Collage, Faculty of Law, where he
specializes in Commercial law. He has successfully completed Ph.D. degree entitled
"Banking Crime in Nepal" from Faculty of Law, Tribhuvan University in 2019. He is an
Advocate of the Supreme Court of Nepal and a member of the Supreme Court Bar
Association. He is the author and editor of over 7 books, 50 journal articles, and/or case
commentaries. His sole-authored published books are Role of Supreme Court on Banking
Law; Company Law; Text Book on Company Law; and Banking Law. He is the Chief Editor
of the Business Law Journal, which is published by Commercial Law Society Nepal."

Rabindra Bhattarai, an Advocate, is Member of Sentencing Recommendation Committee

under Criminal Offence Punishment Determination and Implementation Act, 2017. He
has mastered Criminal Law and Justice as well as in Humanities. As a Faculty of Law
of National Law College, Lalitpur, he teaches criminal law and criminology. He is also
associated with Shepherd Collage, Baneshwor, Kathmandu, where he teaches Media
Law and Research Methodology.

Laxmi Sharma is an Assistant Professor at the Faculty of Law, Nepal Law Campus,
Tribhuvan University. She is also the Director of B.A.LL.B Programme at Nepal Law
Campus. She has completed Master's Degree in Public International Law from University
of Oslo, Norway in 2012 and also the first Master's Degree in Law in International Law
and International Human Rights Law from Tribhuvan University, Nepal in 2008. She has
also completed Master's Degree in Rural Development from Tribhuvan University, Nepal
in 2005. She has published many articles relating to international law, human rights law,
commercial law, refugee law in various journals of academic and research institute.
Besides these, she has also presented papers in the international and national seminars
in International Law, Humanitarian Law, Human Rights Law, and so on.

Amrit Kharel is a law practitioner in the area of aviation, investment and commercial
law. He is a Part-time Lecturer of International and Commercial Law at Faculty of
Law, Nepal Law Campus. He is also a Faculty Member teaching International Law at
National Law College, affiliated with Tribhuvan University. Mr. Kharel holds Master of
Laws (LL.M.) in International Law and Commercial Law as the Gold Medallist, from
Tribhuvan University. He was a Coordinator of the Committee of Experts on Regulation
of Commodity Derivatives and Future Markets in Nepal, which was formed in 2012 by the
Securities Board of Nepal (SEBON) as per the mandate from High Level Financial Sector
Coordination Committee headed by Hon. Finance Minister, Government of Nepal. He
has written several research reports, presented papers and attended various seminars
on legal and commercial issues. He has contributed a number of research articles in
international and economic issues that have been published in renowned law journals.

Surendra Manandhar, advocate of the Supreme Court of Nepal, serves legal profession
as a member of the Supreme Court Bar Association. He was rewarded by Gold Medal in
Bachelor Level (B.L.) as a faculty topper in 2000 and he completed LL.M. (Constitutional
Law) in 2003. He is pursuing Ph.D. degree on "Constitutional Amendment in Nepal:
Problems and Prospects" from Faculty of Law, Tribhuvan University. Mr. Manandhar has
written numerous research-oriented articles in different journals of Nepal.

Dr. Kunshang Lama is an Advocate of the Supreme Court of Nepal. He is also an

Expert Member of Sentencing Suggestion Committee, Government of Nepal, Ministry
of Law, Justice and Parliamentary Affairs, under the Criminal Offence (Determination
of Sentence and Execution) Act, 2017. He also has a Ph.D. degree in Law (Organized
Crime in Nepal) from the Faculty of Law, Tribhuvan University. Adv. Dr. Lama serves as
a resource person in Nepal Law Campus, National Judicial Academy Nepal, National
Police Academy;Central Police Training Centre, Office of the Attorney General of Nepal
etc. He has also worked with International organizations such as ILO, UNDP, European
Union as a National Exports, Thematic Export etc. He is the author of several journal
articles that were published in different national law journals.

Dr. Ramesh Parajuli, is a medico-legal expert with Doctorate (2013) in Medical Negligence
Law and Assistant Professor of Criminal Law, Forensic Medicine, and Juvenile Delinquency
in Faculty of Law, Tribhuwan University at Nepal Law Campus. He regularly speaks and
lectures on medico-legal issues at National Judicial Academy, Law Universities, Medical
Universities, and Bar Associations. He has advised Nepal Government, Nepal Medical
Council, and various institutions including TU Faculty of Law on various issues and is
associated with Nepal PhD Association.

Prabin Pandak, an advocate, bears LL.M. Degree (3 Years) specialized in Criminal and
Commercial Law from Nepal Law Campus, Tribhuvan University securing the highest
marks in 2069‑2072 B.S. Batch and also from the same university, MBS Degree
specialized in Taxation and Entrepreneurship Development from Shankar Dev Campus,
securing the highest marks among the girls in 2062 B.S. Batch. Currently, she is also
serving as the Deputy Manager/Company Secretary in Nepal Stock Exchange Limited, an
undertaking of the Government of Nepal in the one and only Nepalese secondary capital
market.

Kabita Shrestha is an Assistant Professor at the Faculty of Law, Tribhuvan University

(Nepal Law Campus) since 2017. She worked as an officer at the Federation of Nepalese
Chambers of Commerce and Industry and had advised on labour issues and participated
in the Labour Reformation Process in Nepal.

Amar Bahadur Shah, an independent Advocate, is associated with Nawalparasi District

Court Bar Association. He has completed LL.M. in Criminal Law & Commercial Law from
Tribhuvan University, Nepal. Several articles on Jurisprudence, Juvenile Justice, Victim
Justice, Human Rights, Environment, WTO can be read at different Daily and Weekly
National Newspapers and Law Journals of the nation. He is also engaged in different
vocational and training research activities and often works as a Trainer on different
issues of Human Rights in the realm.

Laxmi Bakhadyo is currently associated with Kathmandu School of Law as an Asst. Prof.
since 2017. She had completed her LL.B. and LL.M. from Kathmandu School of Law.
She has specialized in criminal law and justice. She has been awarded with a different
research fellowship from institutions like Social Science Baha, Child Reach Nepal,
CVICT Nepal, CeLLRD and FIAN Nepal. She has been awarded by "Kannon Snatakottar
Gold Medal" in 2017 by Purbanchal University; "LL.M. Batch Topper Award" awarded by
Kathmandu School of Law, 2016; "Nepal Bar Council Topper Award" of 20th Bar Council
Examination by Nepal Bar Council. Her articles are published in some international law
journal - National Journal of Criminal Law of India, 2019; South Asian Journal of Law and
Policy, 2018, Bangladesh. Similarly, she works as a Researcher and Attorney in JuRAL
(Judicial Research, Advocacy, and Litigation Center).

Yam Kumar Yonjan, a practicing lawyer, is also a member of the teaching faculty of Nepal
Law Campus, Tribhuvan University. He has completed LL.M. degree from the Nepal Law
Campus, Tribhuvan University, specialization in International Law and Commercial law.
Presently, he is doing legal practice in the field of corporate law. He has also experience of
a visiting resource person of different law colleges, governmental and non-governmental
academic and training institutions as well.

Deepika Thapa Magar is a Section Officer in the Nepal Judicial Service, Government
of Nepal. She is currently pursuing LL.M. in Criminal Law and Justice from Kathmandu
School of Law, Purbanchal University.

Aamod Dahal is Section Officer of Government of Nepal. He has completed B.A.LL.B.

from Prithivi Narayan Campus, Pokhara. Currently, He is pursuing a Master's Degree
in Political Science from Tribhuvan University. He has a keen interest in environmental
conservation and animal welfare.

Bimal Prasad Lamichhane is a practicing advocate in Supreme Court of Nepal,

distinguished scholar and thinker. He is not new in academic writing and several areas
of legal literature; as he has written extensively and authored three books and several
research articles on different legal issues in reputed journals of Nepal.

Samikshya Mishra is an Investigation Officer of the Government of Nepal. The author

before completing LL.M. degree in Criminal Law and Justice from Purbanchal University
(Chakrabarti Habi Education Academy, College of Law) in 2076 B.S., had competed LL.B.
from Tribhuvan University (Nepal Law Campus). She also holds Masters- MBA degree
from Indira Ghandi National Open University, India.
Bandana Upreti is an Attorney at Law. She is currently engaged at iProbono as 'Junior
Legal Analyst' for Nepal. She holds LL.M. degree in Business Law from Purbanchal
University. And has experience of working in the 'Business law and Arbitration Center'
and 'International Law and Relations Study Center' at Kathmanu School of Law. She
was awarded 'best paper presenter' award for her article (co-authored) entitled "Conflict
between intellectual property rights and Human Rights" in World Conference on Clinical
Legal Education, Legal Aid and Human Rights, 2018, India. Besides these, she has
also presented papers in the international and national seminars mainly in the field of
Intellectual property, and commercial law amongst others.

Sujan Phuyalis an Advocate. He has completed his B.A.LL.B. from Nepal Law Campus,
Tribhuwan University in 2018. He is recently pursuing an L.L.M. with a specialization
in Business Law from National Law University, Delhi. His keen areas of interest are in
corporate and IPR related issues.

Bhim Bahadur Phadera, an Advocate, holds B.A.LL.B. from National Law College, and
currently persuing LL.M. on Constitutional Law and Criminal Law from Nepal Law Campus,
Tribhuvan University.He has published some articles - Victimological Jurisprudence and
New Criminal Code, 2074, NaLC E-Journal (2019), 'Doctrine of Alter-Ego', Business Law
Journal (2018), Construction-Interpretation Debate, NaLC E-Journal (2018) and has
published many articles in online news portal regarding political legal affairs of Nation.
 Table of Contents

S.N. Subject Author Page

1. PROMOTING WELFARE AND SOCIAL Dr. Ananda Mohan 1-32

JUSTICE THROUGH CONSTITUTIONAL Bhattarai
MECHANISM

2. EMERGING PRINCIPLES AND RULES OF Prof. Dr. Bijay Singh 33-46

INTERNATIONAL ENVIRONMENTAL LAW Sijapati
OF THE PREVENTION AND MITIGATION OF
ENVIRONMENTAL HARM

3. INTERRELATION BETWEEN FEDERAL, Dr. Chandra Kant Gyawali 47-53

PROVINCIAL AND LOCAL GOVERNMENTS
WITH REFERENCE TO INTERNATIONAL
PRACTICE

4. ROLE OF UN POLICE TO COMBAT Prof. Dr. Laxmi Prasad 54-66

ORGANIZED CRIME IN FRAGILE STATE Mainali & Bishnu Prasad
Soti

5. ROLE OF UNITED NATIONS FOR BIO- Prof. Dr. Tara Prasad 67-83
DIVERSITY CONSERVATION: GLOBAL Sapkota
PERSPECTIVE

6. LIQUIDATION OF THE BANK AND FINANCIAL Prof. Dr. Shambhu Prasad 84-100
INSTITUTIONS IN NEPALESE PERSPECTIVE: Khanal
AN OVERVIEW

7. FEDERALISM: CHALLENGES AND Krishna Prasad Bashyal 101-110

OPPORTUNITIES IN NEPALESE CONTEXT

8. ENSURING RIGHTS OF CITIZENS: ROLE OF Rabi Narayan Khanal 111-119

THE SUPREME COURT DURING COVID-19
PANDEMIC
9. APPLICATION OF INTERNATIONAL LAW: AN Dr. Diwakar Bhatta 120-136
OVERVIEW

10. RIGHT TO EQUALITY: CONCEPT, Binod Bashyal 137-147

CONSTITUTIONAL PROVISION AND COURT
PRACTICE

11. ROLE OF SUPREME COURT ON LEGAL Bijaya Prasad Mishra 148-158

PROFESSION OF NEPAL

12. AN ANALYSIS ON REGULATION OF HATE Dr. D.N. Parajuli 159-174

SPEECH IN NEPAL

13 IMPACT OF BANKING CRIME IN THE Dr. Awatar Neupane 175-182

FINANCIAL SYSTEM

14. MUGHAL INFLUENCE IN LEGAL SYSTEM OF Rabindra Bhattarai 183-194

NEPAL

15. LEGAL REGIME ON FOREIGN DIRECT Laxmi Sharma & Amrit 195-207
INVESTMENT IN NEPAL: A BIRD'S EYE VIEW Kharel

16. REFERENDUM IN NEPALESE CONTEXT: A Surendra Manandhar 208-219

VIEW

17. HUMAN TRAFFICKING: A TRANSNATIONAL Dr. Kunshang Lama 220-259

ACTIVITY OF ORGANIZED CRIME

18. NEPALESE LEGAL HISTORY, ITS ROLE IN Dr. Ramesh Parajuli 260-285
SHAPING CRIMINAL JUSTICE SYSTEM, AND
SHIFT IN EXPECTED ROLE OF CITIZENS
AFTER END OF MONARCH

19. JUDICIAL RESPONSE ON PROTECTING Prabin Pandak 286-294

YAKTHUNG STONE

20. COLLECTIVE BARGAINING AS A PACIFIC Kabita Shrestha 295-308

MEANS FOR THE SETTLEMENT OF LABOUR
DISPUTE: A DELVE INTO LABOUR ACT, 2017
21 JURISPRUDENTIAL WISDOM ON Amar Bahadur Shah 309-323
STRUCTURE AND FUNCTION OF LAW

22 FEMALE CRIMINALITY IN NEPAL: Laxmi Bakhadyo 324-336

PREVALENCE AND CAUSES

23. INDEPENDENT CORPORATE PERSONALITY Yam Kumar Yonjan 337-349

OF A COMPANY: A JURISPRUDENTIAL
PERSPECTIVE

24. TOWARDS COMPENSATORY JUSTICE: Deepika Thapa Magar 350-364

DISCOURSE ON CRIME VICTIM
COMPENSATION IN NEPAL

25 LEGAL FRAMEWORK FOR THE PROTECTION Aamod Dahal 365-374

OF GREATER ONE-HORNED RHINO IN NEPAL

26 BAR-BENCH RELATION IN NEPAL Bimal Prasad 375-386

Lamichhane

27. FUNCTIONAL ASPECTS OF NEPALESE Samikshya Mishra 387-399

CRIMINAL JUSTICE

28 JUDICIAL REMEDY IN TAXATION: CASE Bandana Upreti 400-409

STUDY OF NCELL CAPITAL GAIN TAX IN
NEPAL

29. COMPARATIVE STUDY OF INSOLVENCY Sujan Phuyal 410-422

LAW OF NEPAL WITH INSOLVENCY AND
BANKRUPTCY CODE OF INDIA

30 SOCIALIST CONSTITUTIONALISM Bhim Bahadur Phadera 423-441

 PROMOTING WELFARE AND SOCIAL
JUSTICE THROUGH CONSTITUTIONAL
MECHANISM

Dr. Ananda M Bhattarai

Abstract
An inquiry into the plight of the migrant workers and others against the rights especially
the right to life, dignity, social justice and security vis-à-vis the obligation of the state
outlined in the Constitution is the prime focus of the article. The article moves by drawing a
contextual understanding of the social economic situation of the country. This is followed
by a quick review of the notion of the welfare state and social justice embodied in the
past constitutions. As concerns regarding rights and justice have global as well as local
perspectives, the article tries to look at them from both global and local perspectives.
It then highlights the constitutional and legal framework and also the role played by the
court in calibrating these rights. In the final part, the article discusses issues relevant
to the enforcement of the right to social justice and strategic options for further honing
these rights. The author argues that social welfare is not a dole out but part of the right to
social justice and social security. In constitutional and human rights parlance, the death
of a starving migrant worker is no less devastating than the death of a political dissident.
If democracy survives in constitutional government, every representative of the people
acting individually or as collectivity should give equal attention to the entitlement of the
most marginalized section to the survival kit. This is how the right to survival, dignity, and
social justice is promoted in society.
 EMERGING PRINCIPLES AND RULES OF
INTERNATIONAL ENVIRONMENTAL LAW
OF THE PREVENTION AND MITIGATION OF
ENVIRONMENTAL HARM
Prof. Dr. Bijay Singh Sijapati

Abstract
Emergency principles, rules and traditional norms of international environmental
law, as typically shown in the transfrontier pollution context, centre mainly on how to
reconcile the confliction interests of the concerned states in order to reach an equitable
solution. Presumptions interest in traditional international environmental law are that the
concerned states are identifiable and geographically adjacent that the effect of pollution
is of limited geographical expansion; that it is relatively easy to identify causation between
polluting states and victim states; and that damage can be calculated and compensated.
The principles and rules have functional in an effective way to prevent or mitigation
environmental harm and to provide relief through damages. However, principles and
rules will prove to be ineffective in responding to global environmental change. The
author in this article tries to give overall picture of emerging principles and rules of
international environmental law for the prevention and mitigation of environmental harm
and to provide relieve through damages.
 INTERRELATION BETWEEN FEDERAL,
PROVINCIAL AND LOCAL GOVERNMENTS
WITH REFERENCE TO INTERNATIONAL
PRACTICE
Dr. Chandra Kant Gyawali

Abstract
The models of federal, provincial and local level jurisdiction have been operated in
accordance with the spirit of shared- rule, self- rule and autonomy under the constitutional
provision in the world. Hence, the interrelationship is necessary for the federal, provincial
and local governments to exercise the exclusive, concurrent and residual powers to
be practiced within their jurisdiction. The exercise should be based on the principles
of cooperation, coordination and co-existence. It will have the opportunity to facilitate
equality and easy access to government services, the need for mutual assistance,
and any issues to be handled by the same level, parallel rights, some issues of equal
importance to use and the same level to make and execute the laws in their respective
areas.
 ROLE OF UN POLICE TO COMBAT
ORGANIZED CRIME IN FRAGILE STATE

Prof. Dr. Laxmi Prasad Mainali

Bishnu Prasad Soti

Abstract
This article considers peacekeeping's challenges in dealing with the security and
governance risks posed by organized crime in fragile states, with a focus on the role
of the UN police component both in field and at the Headquarters level. It evokes the
scenario of the fragile state, where institutional arrangements embody and perhaps
preserve the conditions of crisis, causes statutory institutional arrangements are
vulnerable to challenges by rival institutional systems be they derived from traditional
authorities, devised by communities under conditions of stress that see little of the state
or be they derived from warlords or other non-state power brokers. In this condition, UN
peace operations, peacekeeping, and special political missions are increasingly deployed
in complex conflict environments. These contexts are marked by ongoing armed conflict,
with an active presence of several non-state armed groups opposed to the government
and the international presence in the country.

The 1st section deals with the introduction of the fragile state, conflict-affected state or the
failure state, UN Missions, and the working arrangements of the UN police components
in the missions with varying mandates. It will also reflect the complex working situations
with the different types of armed groups. It further deals with the multidimensional
peacekeeping operations which are deployed to states that have undergone armed conflict
intending to consolidate the peace and help to create the conditions that would prevent a
recurrence of armed violence. It will also deal with the organized criminal activities that
involve political actors and violence are perhaps of most immediate concern for peace
operations. Organized crime, which often has both local and transnational dimensions,
thrives in conflict-affected environments due to state institutions, weak enforcement
of laws and control of borders, disruption of the legitimate economy, and the lack of
economic opportunities. In the most severe cases, organized crime exists in symbiosis
with a captured state public sector and political sphere.

The 2nd section deals with the problem; specifically, the recent scenario of the nature,
scope, and effects of organized crime and its relationship to the evolution of armed
conflict and peacekeeping interventions in the conflicted affected state or more specific
in a fragile state. It evokes the complexity of a conflict with the steady proliferation of new
non-state armed groups, including terrorists, rebels, militias, criminal groups or gangs,
and violent extremist groups that may fight each other and the state at different times.
It also answers the application or non-application of the international humanitarian law
and its proliferation of armed groups and it's dealing within law and practice. It reveals
that actors involved in organized crime may deal with illicit goods of the black economy.

The 3rd section scrutinizes the being done scenario by different UN missions to discourse
the encounter of organized crime, concentrating on mandates and the role of the police
component as the leading actor in developing institutionalized responses to organized
crime in countries affected by, or emerging from, armed conflict. It mentions about
the multidimensional peacekeeping operations which are deployed to states that have
undergone armed conflict with the aim of consolidating the peace and helping to create
the conditions that would prevent a recurrence of armed violence, where lives have
been lost, people displaced from homes and communities, and physical infrastructure
destroyed.

The 4th section replicates the analysis of the efforts that have so far been sufficient
or insufficient to deal effectively with the challenges posed by organized crime. This
section introduces organized crime as a highly complex phenomenon that often has
both domestic and transnational dimensions; it presents throughout the cycle of conflict;
and requires and fosters corruption in the public administration, often in contexts where
patronage networks and 'big man' dynamics exist. Those involved in organized crime are
not universally viewed as criminals in areas of limited or no state presence, they may
exert political control and enjoy legitimacy in the eyes of local communities by providing
some measure of governance, whether in the form of security, conflict mediation,
contract enforcement or patronage resources. It shows the impact of peace operations
on violence, serious and organized crime, and state-building which establish the positive
effects of peacekeepers.

The 5th section positions how the UN response to the challenges posed by organized
crime could be improved. Also, this chapter forestalls some commendations and the
way forwards to discourse the challenges of organized crime in such a situation. It also
demands the countries' collective will to confront them Organized crime and corrupt
institutions. The Collective efforts needed to be redoubled to ensure the effective
implementation of the United Nations Convention against Transnational Organized
Crime and its three Protocols. The international community's efforts should be to use
the different techniques and tools that may be necessary for effective management of
the risks these criminal networks pose. Finally, it draws some conclusions.
 ROLE OF UNITED NATIONS FOR
BIO-DIVERSITY CONSERVATION: GLOBAL
PERSPECTIVE

Prof. Dr. Tara Prasad Sapkota

Abstract
Biodiversity is the major component of the environment and it includes soil, water, flora,
fauna, and micro-organism. Biodiversity provides habitats for flora, fauna and micro-
organism. Biodiversity is being treated as a global resource and this resource is not
evenly distributed. Scientists have estimated that the Earth is a home of one trillion
species, of these 25 percent species are already lost and 60 percent species are being
threatened and 60% of the Earth's ecosystems have reduced their capacity to deliver
the vital ecosystem services on which we all depend. If the present trends continue
then the life support system of this earth will be finished. Taking into consideration the
ground reality, the international community is aware of it and adopting several measures
for the conservation of biodiversity resources. Conservation of biodiversity is not
possible by a single person, a local body, a national government, a regional association,
and an international agency. At present peoples and all level's governmental and non-
governmental agencies are involving in the conservation of biodiversity resources. The
United Nations is the Apex agency of the international community and it has adopted
several measures for the conservation of the biodiversity resource. The author in this
paper has endeavored to explore and analyze the measures adopted by the United
Nations for the conservation of biodiversity and has suggested some measures at
national governments for the effective implementation of the global measures.
 LIQUIDATION OF THE BANK AND
FINANCIAL INSTITUTIONS IN NEPALESE
PERSPECTIVE: AN OVERVIEW

Prof. Dr. Shambhu Prasad Khanal

Abstract
Liquidation or winding up of the Bank and financial institutions cannot be neglected as
a simple matter rather it is a very complex one. So, within the periphery of this issue, the
author, in this article aims to discuss and analyze the liquidation procedures and impact
of liquidation that is particularly applicable to the Bank and finical institutions registered
in Nepal. The Bank and financial institutions also fall under one of the categories of the
company. As we know that a company is an artificial person in the eyes of law. thus, the
company created by law is accepted as the birth of an artificial company whereas the
demise or winding up of a company is the liquidation. The incorporation of a company,
in accordance with law, is compulsory or inevitable for any corporate body including a
finance company to commence its business. In other words, each institution needs to be
incorporated through the law but all of them may not go to liquidation.

As an incorporation of a finance company is provisioned by law and liquidation also

must be in accordance with law concerned. This means to say that, all of the companies
duly created or registered as per the law shall have to be duly expunged or removed
after the completion of the procedures to be followed with regards to liquidation of the
Company. Likewise, the will or interest of its shareholders or members also may not be
fulfilled without following the due process of law. Obviously, liquidation is the last stage
of a company's life after which it ceases to exist in the eye of law and records of the
authority. As a company engages with other parties during its lifetime and liabilities may
have created for or against it, the process of liquidation is much complex and sensitive
than its incorporation.
 FEDERALISM: CHALLENGES AND
OPPORTUNITIES IN NEPALESE CONTEXT

Krishna Prasad Bashyal

Abstract
Federalism is a form of government in which there is a division of powers between
different levels of government which are of equal status. It ensures a constitutional
division of powers between a federal government and its federating units in such a
way that these two sets of government function in exclusive political domains for the
achievement of shared goals. Federalism is well-suited for a country having a large
area, population, and regional identities because it guarantees a considerable degree
of autonomy and exclusive political domain for the federating units. Federalism indeed
has a lot of opportunities for a country like Nepal which has a long history of the unitary
system of government and failures of the process of decentralization leading a huge gap
of inequality. However, with the newly introduced system where people and authority are
still struggling over its complex aspects, there are also a lot of challenges to address
the diversity of Nepal. This article explores the nature, opportunities, and challenges of
adopting a federal system of government in the context of Nepal.
 ENSURING RIGHTS OF CITIZENS: ROLE OF
THE SUPREME COURT DURING COVID-19
PANDEMIC

Rabi Narayan Khanal

Abstract
COVID-19 pandemic has inflicted serious damage on the health, social and economic
well-being of citizens worldwide. The Supreme Court of Nepal, through its judicial
activism, has done an impressive job by safeguarding a number of citizen's rights during
the time of pandemic. In the absence of legislation, the Supreme Court has an extra
obligation to ensure the right to health for all citizens. It should not pass the baton of
responsibility to the government and leave it to the government' discretion. Duty of the
court is also to constantly try and work with the administration to tackle the fallout of
crisis situations without compromising the basic rights and liberties of the citizen. The
Supreme Court of Nepal has played a proactive role by delivering a number of judgments
in response to several writ petitions. This paper tries to analyze the role of the Supreme
Court during pandemic through discourse on its various judgments.
 APPLICATION OF INTERNATIONAL LAW:
AN OVERVIEW

Dr. Diwakar Bhatta

Abstract
The author adopts that the application of international law actually determines the
relationship between international law and domestic law and also emphasizes how
international law is reflected in the domestic plane. Reflecting from the canvas of theories
on international law, there exists a conflict whether international law has the primacy
over the national law or two laws are separate branches of different legal systems. In
this relation, the author reckons his theoretical expositions on theories of international
law with the jurisprudential concepts developed by Hans Kelson, Hersch Lauterpacht and
Fitzmaurice. And, he urges that international law and municipal law have their distinct
tasks to perform and values they are embedded with. Therefore, the debate on the
superiority of a particular law over another is mere intellectual reasoning.

As for reflection of international law on domestic jurisdictions, the author states that
methods such as monism and dualism have often been prescribed for a particular legal
system in the world. However, within the method of monism and dualism, he argues that
there have been developed other approaches of applying international law into domestic
law, such as sector monism and moderate dualism that have relevance with the French
and Italian practices respectively. More importantly, the author opines that it will not be
very wise to say that a particular legal system follows monism or dualism because of
diverse practices exist in the countries of continental and common law system.

Viewing Nepal's approach of domesticating international treaties, the author says that it
is unique in it. An issue is still unanswered whether Nepal follows monism or dualism. In
Nepal, Section 9(1) of Treaty Act, 1990 (2047) underscores that the treaty shall be applied
as good as the ordinary law of Nepal and have preponderance on domestic legislation in
case if a conflict exists between the two. Despite it, the SC of Nepal viewed that it does
not have jurisdiction to examine an issue of conflict between a treaty with domestic law.
An issue is still answered who will determine the conflict on the superiority between
treaty over domestic law? On the one hand, Section 9(1) of the Treaty Act, 1990 (2047)
seems similar to the French practice of Sector Monism. And, Section 9(2) of the Treaty
Act requires separate legislation for a treaty to be implemented in Nepal that seems
close to dualism in the other. For the same token, the Supreme Court's judgments in
various cases have set diverse practices, for example, in some cases, it has equated the
provision of the CEDAW with Constitutional provisions and thus declared the inconsistent
legislations with the treaty, null and void and in some cases, it has directed the legislature
or government to enact necessary law to implement treaty provisions. Viewing so, the
author concludes that Nepal lacks a clear approach to the application of the treaty in
domestic law due to the absence of constitutional policy consideration, clear law and
uniform judicial interpretations on the application of international law in Nepal. Making
an in-depth and critical observation on the law and practices of foreign and domestic
jurisdictions, the author lastly suggests that the concerned machinery of State needs to
seriously think to make clear, coherent and uniform Constitutional and legal provisions
on the application of international law in Nepal.
 RIGHT TO EQUALITY: CONCEPT,
CONSTITUTIONAL PROVISION AND COURT
PRACTICE

Binod Bashyal

Abstract
This article discusses the jurisprudence of equality. In this aspect, the author has focused
on the meaning and concept of equality, its type, Nepalese constitutional history regarding
the right to equality and some judicial decisions. The author has clearly described the
concept of formal and substantive equality which is based on equality before the law
and equal protection of the law. Protective discrimination which is taken as a concept
and falls under substantive equality is another important subject focused by the author.
He also emphasizes the role of our Supreme Court to maintain equality among all on
grounds of origin, caste, tribe, sex, economic condition, language, region, ideology etc.
by including some major interpretations of the Supreme Court. Apart from the judicial
decisions of our Supreme Court, the author has also described judicial decisions from
US Supreme Court.
 ROLE OF SUPREME COURT ON LEGAL
PROFESSION OF NEPAL

Bijaya Prasad Mishra

Abstract
This article highlights the role of the Supreme Court of Nepal for the legal profession
based on its decisions specifically published in Nepal Kanoon Patrika from April, 2014
- September, 2019 (2071 BS to 2076 B.S. Asoj). It also inquires upon a few other case
decisions cited on the case decisions being analyzed herewith. Based on the study of
decisions made in the cases, it concludes that case decisions discussed herein have a
diverse impact on the legal profession. Some of the decisions have painted a rosy picture
whereas some have followed an unexpected path that is not useful for the profession.
The article does not consider the theoretical and historical part of the legal profession
of Nepal in depth. Its scope is hence confined to the study of the case decisions of the
Supreme Court delivered during the afore stated period.
 AN ANALYSIS ON REGULATION OF HATE
SPEECH IN NEPAL

Dr. D. N. Parajuli

Abstract
Free speech is the most important right among all fundamental rights. It is closely
associated with other fundamental rights and it has various modes of expression.
Human being made such much progress because free speech made them equip to share
and what they felt true. Not Every Speech is free and State has the capacity to regulate
and ban certain speech.

Nepal has a special case in hate speech because discriminatory language, symbol and
signals are used based on caste, religion, sex, profession or particular community but it
is not prosecuted under hate speech law rather it is looked under the right to equality and
social cohesion. There are perhaps two general kinds of harm caused by hate speech.
The first kind of harm is that suffered by the members of a racial, or other, target group
(the group that is both the subject and audience of the hate speech). This form of harm
includes fear, intimidation, insult, and emotional trauma.

Under international human rights standards, the right to freedom of expression is not
absolute, and may exceptionally be subject to restrictions provided that those meet a
strict three-part test, according to Article 19 (3) of the ICCPR.

Maintaining public order is another social value that the government may balance against
speakers' rights. Responses to 'hate speech' be premised on three complementary areas
of action: States must create an enabling environment for the exercise of the right to
freedom of expression and protect the right to equality and non-discrimination; States
must enact a range of positive policy measures to promote freedom of expression and
equality; Other stakeholders, including civil society, the media and private businesses,
should be encouraged to undertake voluntary initiatives to tackle the root causes of
prejudice and intolerance, to contest and challenge "hate speech."

Public officials, including politicians, have a key role to play in recognizing and promptly
speaking out against intolerance and discrimination, including instances of "hate
speech." Nepal being a small democratic country in South Asia, Its constitutional
foundation of hate speech is so strong. All the elements of hate speech is protected on
the basis of public order, sovereignty, national integrity, individual autonomy, dignity and
mutual respect. Nepal is active member states of almost all international human rights
instruments; hence Nepal is addressing and ensuring the right to freedom of expression
and dignity of the individual as per the international standards trough the national law
regime.
 IMPACT OF BANKING CRIME IN THE
FINANCIAL SYSTEM

Dr. Awatar Neupane

Abstract
The banking institutions are dealing with their money with public money and in which
the general public have reposed faith and confidence. Banks and financial institutions
are dealing with public money and hence it is imperative that employees should exercise
due care and diligence in handling the transactions in banks. A strong system of internal
control is the most effective way of crime prevention. The banks should increase their
efforts to raise the level of security awareness in their organizations to combat crimes.
Banking crime leads to the loss of money belonging either to the bank or customers.
Banking crime is a threat to an organization's status and its interactions with outside
stakeholders. Banking crime can result in huge financial damages and losses. The
effect of banking crime has a chain reaction on society as a whole because the banking
industry constitutes a vital position in society. Bank and financial industry's success or
failure goes a long way to determine the success of society. Banking crime is a major
cause of bank failure.
MUGHAL INFLUENCE IN LEGAL SYSTEM OF
NEPAL

Rabindra Bhattarai

Abstract
Nepali is Nepal's official language and lingua franca in Nepal. Nepali, descended from
Sanskrit, being a medium state operation, contains of terms of abroad origins the Arabic,
Persian and Turkish. Why and how terms borrowed from abroad exist as legal registers?
Was there any systemic influence? This writing seeks the answer. Mughal Empire ruled
India in medieval while Nepal was developing a state system as well as Nepali language
was taking in charge of the official state language. The modern legal and judicial system
of Nepal has been influenced by the Mughal system and the perception that Nepal's legal
system was fully run by Hindu laws is incorrect. Nepal's legal and justice system is not
made by the blending of Hindu law and French and English legal systems. There was a
strong conceptual and linguistic influence of law and language of the Mughal system in
the framing of Muluki Ain in 1910 BS and is continued to date.
 LEGAL REGIME ON FOREIGN DIRECT
INVESTMENT IN NEPAL: A BIRD'S EYE VIEW

Laxmi Sharma
Amrit Kharel

Abstract
Foreign Direct Investment (FDI) and rule of law are strongly interrelated in multiple ways to
achieve sustainable development in any nation in a deprived situation. The advancement
of rule of law is crucial to achieving long term investment which is imperative to
foster inclusive economic growth and to fully utilize the available resources in the
economically underprivileged country while the global investment has been exposed to
an abrupt slowdown due to an outbreak of corona virus pandemic. The main objective
of the study is to analyse selected legal texts from the perspective of FDI to observe
their role in supporting the economic development of Nepal. The selected provisions
in the constitution and major legislations having their role in enabling FDI are critically
analysed in this study to find out the barriers in the legal framework. As drawn from the
overall analysis of the legal instruments, authors come to the conclusion that the legal
framework in Nepal needs a wide reform to make it enabling rather than discouraging the
confidence of foreign investors.
 REFERENDUM IN NEPALESE CONTEXT:
A VIEW

Surendra Manandhar

Abstract
Referendum is one of the political ways to resolve the political and constitutional deadlock.
Different countries have been practicing different ways to overcome the constitutional
crisis in the world. Mainly referendum, constitutional amendment and constitutional
conventions have been using as formal tools for making the change or altering in the
constitution. The author in this article searches the constitutional status, role and
importance of referendum for the constitutional and political change in Nepal. Obviously,
Nepal has incorporated the provision relating to the referendum for the first time in her
constitutional and political history. Interestingly, she had practiced the referendum once
in her history even though the then constitution had not provided the provision relating
to the referendum. The basic concept of a referendum is that an opportunity should be
given to the people to take the initiative themselves and put forward proposals for the
constitutional amendment. Generally, the referendum has been considered as the share
of the people in the process of amending the constitution is confined to approval or
disapproval of a proposal initiated by the legislature.

Indeed, the Constitution of Nepal has entitled the Parliament to amend where in so ever
besides the matters relating to the prejudicial to the sovereignty, territorial integrity,
independence of Nepal and sovereignty vested in the people. Article 274 of the constitution
has provided the provision relating to the constitutional amendment. Similarly, Article
275 states, if a decision is made by a two-thirds majority of the total number of the
then members of the Federal Parliament that it is necessary to hold a referendum with
respect to any matter of national importance, decision on that matter may be taken by
way of referendum. Article 274(8) has clearly mentioned the requirement of two-thirds
of majority for the amendment of the constitution in one hand and simultaneously in the
other hand Article 275 has also mentioned the requirement of two-thirds of the majority
to hold the referendum. If the referendum cannot contribute distinctly in comparison
with the amendment than there is almost a big question that why to go to the expensive
process of referendum applying the same process of a two-thirds majority even though
there is a way to amend the constitution through the legislative by the two- thirds of
majority of the legislatures? Article 274 which is related to the constitutional amendment
and Article 275 which is related to the recommendation for the referendum require the
same requirements of 2/3 majority of the total number of the then members of the
Federal Parliament.

It seems that there should be a clear line of demarcation regarding the requirements
between the constitutional amendment and referendum. The provision mentioned for
the referendum seems to need more tangible arrangements which can create hope to
adhere to the provision of the referendum. There should have been a distinct requirement
for the referendum which can compel to follow the referendum to take any decision on
the matter of national importance. Generally while discussing the present constitutional
provision, the constitutional amendment process seems comparatively easier, shorter,
low cost, and better than the referendum process. In this situation, it can be easily
presumed that preference may give to the constitutional amendment rather than
referendum for constitutional and political change in Nepal.
HUMAN TRAFFICKING: A TRANSNATIONAL
ACTIVITY OF ORGANIZED CRIME

Dr. Kunshang Lama

Abstract
The term 'human trafficking' is being used to address a wider variety of human rights
violations, which are associated with recruitment, movement and sale of people into
a range of "exploitative" work. In Modern-world sex trafficking, slavery, illegal organ
removal, and the use of child soldiers are criminal activities known collectively as Human
Trafficking. Such activities may involve the coordinated efforts of three or more individuals
to achieve some common benefit, and frequently, these activities involve more than one
country. As such human trafficking activity is considered to be a form of transnational
organized crime. This article considers the major legal frameworks internationally and
in the Nepalese context to deal with these organized criminal activities. The article
also tried to explore some data concerning the extent, and nature, of human trafficking
activities as a form of organized crime.
 NEPALESE LEGAL HISTORY, ITS ROLE IN
SHAPING CRIMINAL JUSTICE SYSTEM,
AND SHIFT IN EXPECTED ROLE OF
CITIZENS AFTER END OF MONARCH
Dr. Ramesh Parajuli

Abstract
{Ancient Nepalese legal system which was overwhelmingly based on Dharmashastra
influenced with Manu, Yagyabalkya, Brihaspati, Narada, Gautam Smrities; started losing
its indigenous character from 1850 when Rana PM Jung Bahadur visited England and
introduced Muluki Ain, 1854 (1910) that imported some legal values of British legal
system and Napoleon code. With the introduction of laws that adopted the adversarial
model of justice and numerous donor-driven projects, we are now operating our criminal
justice system through the general law of Muluki Criminal Code, 2017 (2074) and
numerous other issue-wise specific scattered criminal laws.

Until we citizens stop becoming sheep and start to exert healthy public pressure by
questioning our government, we cannot dream to secure criminal justice just by enacting
lists of criminal laws. The provision of the Prevention of Corruption Act to presume
unjustified property as corrupted property applies equally to high level politicians,
ministers and senior beaurocrates who appoint CIAA chief at their privilege. Does the
constitution give authority to our political parties to appoint heads of our constitutional
bodies on the basis of inter-party quota agreement throwing the candidate's merit and
capacity in dumping site? We cannot expect prosperous Nepal until we think to sew our
corruption hole before begging for foreign grants and add. Nor can we expect 'Naya
Nepal' (in terms of drastic economic growth and environment protection) if we continue
importing gas, petrol and other fuels instead of generating domestic hydropower energy
for our kitchen, transport, and industries.

After the constitution overthrew monarch from Nepal in 2007, the historic and traditional
belief of 'king as an incarnation of god Indra' and symbol of national unity; that used
to unite all citizens into the bond of nationality also ended. Symptoms have started
to appear that same familiar faces in politics are dominating the national politics for
continuously decades of years, have now started feeling and presenting themselves as
kings. Neither these figures are king nor incarnation of lord Indra today. We, the Nepali
citizens ourselves are fortune makers of this soil. If we conscious citizens continue to
keep our mouth closed, if we do not raise questions lawfully against unfair government
activities, if we continue sleeping; how can we expect that some foreign grant/ some
particular politician or some magic will make our country prosperous early morning
when we open our eyes in bed? Time has come for all citizens to feel oneself as Indra
instead of sheep and keep a vigilant eye on government activities to make it accountable
and run for the national interest.}
 JUDICIAL RESPONSE ON PROTECTING
YAKTHUNG STONE

Prabin Pandak

Abstract
Human civilization struggling to carry the cultural legacy and the protection from the
judiciary is the eminent contribution. The cultural differentiation works as the fundamental
basis of behavioral and ideological variations. Multidimensional communities bearing
micro cultural diversity matters in the totality despite of challenges in the recognition.
An organ of state might be the cause to destroy and demolish the cultural identity even
though innocently, on the other hand, another organ of the state contributes to the
protection and promotion of its organic value preserving the national property.
 COLLECTIVE BARGAINING AS A PACIFIC
MEANS FOR THE SETTLEMENT OF LABOUR
DISPUTE: A DELVE INTO LABOUR ACT, 2017

Kabita Shrestha

Abstract
Labour law envisions a sound industrial relation between the employer and the employee.
And, collective bargaining is an amicable means of settlement of labour disputes. This
article discusses the importance of collective bargaining, forms of collective bargaining,
subject matters of collective bargaining and how Labour Act, 2017 (2074) encompasses
the provisions related to collective bargaining in Nepal as a pacific settlement of labour
disputes. Furthermore, the paper explores the judicial interpretations made by the
Supreme Court of Nepal and India.
 JURISPRUDENTIAL WISDOM ON
STRUCTURE AND FUNCTION OF LAW

Amar Bahadur Shah

Abstract
In the study of jurisprudence, to define and believe the law is chaos. Though some general
statements based on experience had turned the individuals as extraordinary philosophers.
The experimental research analyzed in intervals of time had been respected in the
current date. Wisdom is inestimable. Which evolved first: law or society is debatable,
but the relationships they maintain are of nail and flesh. In this doctrinal research, the
views of jurists are very much studied in matters of structure and function of the law
in the society to further forward in the imminent. It's important but depends upon the
next generation how they are going to percept the ancient philosophies. Internalizing the
value that the experts may die but the knowledge led by them is going to be useful in the
study as well as making new laws to have a peaceful and progressive society. Definition
of law, the relationship between law and society, social and normative structures of law
and general and social functions of law are archived from the many renowned scholars
to widespread the research paper.
 FEMALE CRIMINALITY IN NEPAL:
PREVALENCE AND CAUSES

Laxmi Bakhadyo

Abstract
Female criminality is one of the important phenomena in popular media and also in
academia. From the very beginning of the criminological study, the focus was made on the
criminality of males. Researches were done on the masculinity feature of crime. Women
were regarded to have a role inside the house. But the scenario has been changed. It is
true that the number of female perpetrators is less than that of the male perpetrator, but
it does not entail that women are not prone to criminality. This article is a descriptive
and analytical study in the context of female criminality in Nepal. Data reveals that the
number of female involvement in crime is increasing which has taken into consideration
for preparing this article.
INDEPENDENT CORPORATE PERSONALITY
OF A COMPANY: A JURISPRUDENTIAL
PERSPECTIVE

Yam Kumar Yonjan

Abstract
In the legal parlance, a company is an association of both natural and artificial person
and is incorporated under the existing law of the country. The company has no strictly
technical or legal meaning. The company is a business vehicle that implies a voluntary
association of a group of persons for common objectives. In the common law a company
is a ''Legal Person" or ''Legal Entity" which is separate from and capable of surviving
beyond the lives of its members, capable of rights and duties of its own and endowed
with the potential of perpetual succession. The term company has been described in
many ways since a corporate body is the creation of law; it is not a human being. It is
an artificial juridical person created by law and dissolved by the law. Company is a legal
person which can own a business, property, rights and obligations separately from the
people who manage or finance the company's activities as prescribed by law and the
powers conferred upon it by its MoA, AoA and Company Act. So, Independent corporate
personality is one of the characteristics of the company under which the company is said
to be a legal or artificial person since it is invisible, intangible, and existing only in the
contemplation of law.
 TOWARDS COMPENSATORY JUSTICE:
DISCOURSE ON CRIME VICTIM
COMPENSATION IN NEPAL

Deepika Thapa Magar

Abstract
Compensation is one of the most important rights of crime victims. It acts as one of the
pillars of victim assistance in the aftermath of victimization. With the advent of victims'
rights movement, victims' right to compensation along with other substantial rights
have found their place in various international instruments and national legislations of
countries. Crime victim compensation is a developing concept in Nepal. In that purview,
this paper briefly puts forth the conceptual aspect of crime victim compensation and
attempts to discourse on various aspects of crime victim compensation along with the
underlying issues regarding the implementation of victim compensation legislation in
Nepal.
LEGAL FRAMEWORK FOR THE PROTECTION
OF GREATER ONE-HORNED RHINO IN
NEPAL

Aamod Dahal

Abstract
Rhinos are important heritages of nature. Today only five species of Rhinos remain.
Among them, Greater One-Horned Rhino (GOH) is one of them. GOH is found in Nepal
too, its population is very less and is now confined to the protected areas though. Status
of GOH Rhino is vulnerable and is categorized under endangered species. Department
of National Park and Wildlife Conservation is managing Rhino conservation activity in
Nepal. Nepal is a state party to Convention on International Trade in Endangered Species
of Wild Fauna and Flora, 1973. This convention has listed GOH Rhino in Appendix I as
species threatened with extinction. NPWCA, 1973 (2029) is the principal legislation for
the protection of GOH Rhino which has made provision on protection of GOH Rhino,
punishment for poaching and trade of trophies of GOH Rhino, investigation and hearing
of cases relating to it. The provision of this Act seems quite sufficient for controlling and
criminalizing wildlife crime against GOH Rhino, strong implementation of this Act is very
crucial so GOH Rhino remains safe and protected in the future as well.
 BAR-BENCH RELATION IN NEPAL

Bimal Prasad Lamichhane

Abstract
The legal profession has been regarded all over the world as a very respectable, noble
and prestigious profession. The Bar and Bench are called two wheels of the same cart
as well as two sides of the coin involved in the dispensation of justice. The prestige,
nobility, and honour of the legal profession and judiciary are only possible by the cordial,
trusted and reciprocal relationship among Bar and the Bench. It is very important in the
administration of justice and the promotion of the standard of justice. The Bench-Bar
relationship with close ties allows judges and lawyers to cooperate and collaborate to
reach in the correct, just and reasoned judgment as well as binds them together to sustain
public trust on justice. The involvement of lawyers in the regulation of the Bench and
court commands on regulation of the Bar can enrich public trust and confidence to both
institutions and in return strengthened rule of law, judicial legitimacy and independent
judiciary.
 FUNCTIONAL ASPECTS OF NEPALESE
CRIMINAL JUSTICE

Samikshya Mishra

Abstract
After hard work for 62 years, the nation has received National Penal Code, 2074 (2017)
that attempts to reform, modernize and unify the criminal law of Nepal. The statute
is a landmark in the sense that it has introduced certain major changes such as (i)
arrangement of general principles of criminal law, (ii) criminalization of new offences
such as disappearance, torture, malafide investigation or prosecution, and criminal
conspiracy, (iii) plea bargaining of up to 50% reduction in punishment, (iv) recognition
of victim's right to compensation in all offences, (v) corporate criminal liability, (vi)
polygamy as void marriage, (vii) imprisonment and fine, both mandatory in offences.
Despite ambitious promulgation, the spirit of Code if could not be implemented, and if the
required infrastructure for effective implementation cannot be installed, the functional
efficacy of the Nepalese criminal justice system will get frustrated. The challenge today
is to ensure the effective implementation and functioning of these guarantees.
 JUDICIAL REMEDY IN TAXATION: CASE
STUDY OF NCELL CAPITAL GAIN TAX IN
NEPAL

Bandana Upreti

Abstract
Ncell and 'Capital Gains Tax' payment is possibly one of the biggest concerns not only
amongst professionals and academicians involved in the field of taxation but also to
each aware citizen of this country. Needless to say, different views and arguments
regarding the issue have been floating around, where it seems to be a general agreement
amongst many that payment of capital gain tax is a must, confusion seems to arise
as to how much should that amount be and who exactly (buyer or seller) should be
liable for payment of such Capital Gain Tax. The issue further seems to be complicated
by numerous court cases and inconsistent verdicts of the Supreme Court. The recent
arbitration request by Ncell to ICSID and the interim order by ICSID gave a new turn to the
issue. In such a context this article tries to understand the tax controversy, the verdicts
given by the court of law at various time frames and the role of the judiciary in this tax-
related case.
 COMPARATIVE STUDY OF INSOLVENCY
LAW OF NEPAL WITH INSOLVENCY AND
BANKRUPTCY CODE OF INDIA

Sujan Phuyal

Abstract
This article is an attempt to present the comparative study of Insolvency Bankruptcy
Code, 2016 of India and laws relating to the insolvency in Nepal. Major aspects of the
insolvency legal regime of both countries have been presented in the tabular form. The
article has covered the procedure-related to application, liquidation and restructuring of
the company in brief. The article is only an attempt to highlight corporate insolvency
and doesn't cover individual insolvency proceedings. The reason behind it is, individual
insolvency under "The Insolvency and Bankruptcy Code, 2016" of India isn't yet notified
and not in force, whereas in Nepal, it is governed by the "National Civil Code, 2017
(2074)." The insolvency law of Nepal is compared with India because it has been recently
enacted and reformed frequently. The primary objective of the article is to highlight the
major aspect and development regarding the insolvency regime in both jurisdictions
with special reference to Nepal. To some extent, it is expected that it can make some
contribution in the field of business law and assist in further research in the insolvency
area.
 SOCIALIST CONSTITUTIONALISM

Bhim Bahadur Phadera

Abstract
Constitutionalism is quality to judge the constitutional practice and arrangements of
a particular country. It is more qualitative than quantitative. It is more practices and
experiences than arrangements. It is the synthesis of centuries longs many more political
and legal thoughts. Constitutionalism must concentrate on the welfare of people not only
limiting government power. What would be the system of government; the government
must gain the faith and trust of people and protect the best interest of the general public.
It is the first condition of constitutionalism that the government must be limited by the
constitution, but in socialist model the leadership of the communist party controls the
government. If people have no objection of being controlled by a single party and they
have enjoyed all the freedoms, have the finest chance to develop personality than we
must accept in under the paradigm of constitutionalism. So, the socialist model may be
the positive dimension of constitutionalism as indicated by Barber. The evil nature of
government is the center of constitutionalism but in socialist model there is a communist
party above the government. Therefore, the communist party must be brought under the
preview of constitutionalism in an organic way to secularize it. Modern constitutionalism
must be analyzed from the perspective of the finest coordinated relationship between
government and people. The most significant contribution of modern constitutional
scholars would be emancipating the constitutionalism from the political ideology to
preserve its eternal objectives.
 ANNEX
List of Articles Published in Annual Survey of Nepalese Law
and Nepal Bar Council Law Journal from 2000 to 2018
Annual Survey of Nepalese Law, Volume I, 2000
Coordinator: Kanak Bikram Thapa
Editor: Kumar Regmi
S.No. Topic Author Page No.
Nepal Bar Council: A Brief Introduction vi-viii
1. Environmental Law in Nepal: An Overview Dr. Amber Prasad Pant 1-40
2. The Law of Labour - Management Relations Prof. Dr. Bharat Bahadur 41-70
in Nepal Karki
3. Company Law in Nepal: Waiting for Massive Bharat Raj Upreti 7-84
Overhauling
4. A brief Review of the Structural Development Bishal Khanal 85-97
of Nepalese Laws
5. Right to Constitutional Remedies and Its Dr. Hari Bansh Tripathi 98-117
Judicial Interpretations
6. Right to Property under the Constitution of Kailash Prasad Subedi 118-154
Nepal and In Nepalese Law: A Survey
7. The Legal Framework for Foreign Investment Madhab Paudel 155-195
in Nepal
8. Law of Contact Phanindra Gautam 196-228
9. Critical Analysis of Constitutional Purna Man Shakya 229-252
Development of Nepal
10. Overview of Law of Homicide in Nepal: Rajit Bhakta Pradhananga 253-319
Modern Context
11. Judicial Review of Legislation in Nepal Riskikesh Wagle 320-345
Retrospect and Prospect
12. Payment System and Development of Sitaram Tiwari 346-360
Banking Laws in Nepal
13. Status of Women under the Present Legal Sonali Regmi 361-385
System

Annual Survey of Nepalese Law, Volume II, 2001

Advisor: Dr. Ananda Mohan Bhattarai
Coordinator: Basanta Ram Bhandari
Editor: Bhimarjun Acharya
S.No. Topic Author Page No.
Part – One
Executive Summary
1. An Overview of the Year 2001 Bhimarjun Acharya i-xxx
S.No. Topic Author Page No.
Part – Two
Survey Writings
1. Practice of Conciliation in the Settlement of Prof. Dr. Bharat 1-34
Commercial Disputes in Nepal Bahadur Karki
2. Right to Constitutional Remedies (Overview of Dr. Hari Bansh 35-60
Some Recent Judicial Interpretations) Tripathi
3. Right to Property and the Recent Legal Dr. Ananda Mohan 61-109
Development in Nepal Bhattarai
4. A Biennial Survey of Environmental Law in Nepal Dr. Amber Prasad 110-141
Pant
5. Judicial Control Over Delegated Legislation: An Dr. Bidya Kishore Roy 142-166
Overview 'Bimal'
6. Judicial Approach Towards Right to Information Ram Krishna 167-193
Timalsena
7. Law of Contact: A New Development I.C. Sharma 194-209
8. Law of Corruption in Nepal Mihir Kumar Thakur 210-229
9. Copyright as Intellectual Property Rights in Nepal Surendra Bhandari 230-239
10. Advisory Opinion of the Supreme Court Sudarshan Raj Pandey 240-259
11. Women's Right at the Cutting Edge of the Sapana Pradhan 260-271
Universality of International Human Rights Malla
12. Cyber Law in Law in Nepal Bal Bahadur Mukhia 272-282
13. Law of Securities Transaction Shuvan Raj Acharya 283-292
14. Conceptualisation of Protected Areas System Law Mohanmani Lamsal 293-316
in Nepal
Part – Three
Translation
A Text on the Proposed Draft Criminal Code – 2058 Dr. Rajit Bhakta 317-384
Pradhananga
Part – Four
Law Book Published In The Year 2000 – 2001

List of the Books Published in the Year 2000-2001 385-386

Annual Survey of Nepalese Law, Volume III, 2002

Coordinator: Radheshyam Adhikari
Editor: Bhimarjun Acharya
S.No. Topic Author Page No.
Part – One
Executive Summary
1. An Overview of the Year 2002 i-xxxiv
Part – Two
Survey Writings
S.No. Topic Author Page No.
1. Nepal in the Process of Accession to the Prof. Dr. Bharat Bahadur
World Trade Organization: A Survey of Legal- Karki 1-32
Economic Implications
2. An Overview of the Prisoners' Rights and Dr. Ram Krishna Timalsena
33-54
Prison Condition in Nepal
3. Right to Constitutional Remedies (Some Dr. Hari Bansh Tripathi
55-82
Recent Judicial Trends)
4. An Overview of the Judiciary in Nepal Purna Man Shakya 83-100
5. Victim Justice System: A New Thought and a Dr. Shankar Kumar Shrestha
101-120
New Legal Philosophy
6. Salient Features of Cites and Its Dr. Ravi Sharma Aryal
121-136
Implementation in Nepal
7. Natural Justice and the Supreme Court: A Dr. Bidya Kishore Roy
137-152
Survey of Notable Decisions 'Bimal'
8. Legal Framework of the Taxation System in Anil Kumar Sinha
153-170
Nepal
9. Annual Survey of Law of Consumer Mihir Kumar Thakur
171-184
Protection in Nepal
10. Nepalese Legislative and Judicial Responses Kumar Regmi
185-212
to Women/Girls Trafficking into Prostitution
11. Consumer Protection Movement and the Megha Raj Pokharel
213-228
Law
12. Law Relating to Abortion in Nepal Sonali Regmi 229-246
13. Water Law in Nepal Dina Mani Pokharel 247-260
14. A Review of Breastfeeding Promotion Laws Raju Prasad Chapagai
261-272
in Nepal Sharmila K.C.
15. Status of Farmers' Rights in Nepal: Legislative Mohanmani Lamsal
273-292
Framework
16. Judicial Review of Legislation in Nepal Rishikesh Wagle 293-312
17. Reflection of the General Principles of Dr. Tara Prasad Sapkota
313-326
Environmental Law in Nepalese Laws
18. Copyright and Communication under the Bal Bahadur Mukhia
327-350
Existing Statutes in Nepal
19. Modernizing the Laws & Judicial System for Bashu Dev Phulara
351-374
Corporate Government in Nepal
20. Inclusion of Women's Human Rights and Sapana Pradhana Malla
375-384
Polities of Exclusion
Part – Three
Miscellaneous
1. A Text on the Proposed Draft Criminal Dr. Rajit Bhakta
Procedure Code – 2058 Pradhananga 385-448
Kishwor Silwal
2. Law Books Published in the Year 2001-2002 449
Annual Survey of Nepalese Law, Volume IV, 2003
Coordinator: Badri Bahadur Karki
Editor: Kapil Gajurel
S.No. Topic Author Page No.
1. Changing Dimensions of Legal Regime of Prof. Dr. Bharat Bahadur 1
Commercial Arbitration in Nepal Karki
2. Judicial Independence: Challenges, Initiatives Purna Man Shakya 19
and Recommendations
3. Infanticide Law in Nepal: Theory and Judicial Dr. Rajit Bhakta 33
Practices Pradhananga
4. Right to Equality and Equal Protection of Dr. Ram Krishna Timalsena 65
Laws: Philosophy, Meaning and Its Extent
5. Conflict-Affected Displacement in Nepal: An Dr. Shambhu Prashad 75
Overview of Situation, Legal Framework and Khanal
Policy Measures
6. Application of International Human Rights Gopal Siwakoti 'Chintan' 105
and Humanitarian Law in Nepal
7. A Brief Survey on Intellectual Property Law Bal Bahadur Mukhia 133
and International Systems of Cooperation
and Their Role in Strengthening Intellectual
Property Regime in Nepal
8. The Evolution of Banking Laws in Nepal Sitaram Tiwari 159
9. Making the State Responsible for Well-being Madhav Kumar Basnet 197
of People: A Critical Study of Practice of
Public Interest Litigation in Nepal
10. Reservation Policy as an Integral Tenet of Tek Tamarakar 235
Substantial Equality: Concept and Modes
Operandi
11. Disaster, Human Rights and International Megha Raj Pokharel 255
Humanitarian Law via-a-vis Nepalese
Disaster Management Law and Policy: An
Appraisal
12. Public Procurement Law in Nepal: An Sudeep Paudel 273
Overview
13. Decline of Bargains in Standard form of Krishna Ghimire (Bhushan) 291
Contract: A Survey of Notable Decisions

Annual Survey of Nepalese Law, Volume V, 2004

Coordinator: Badri Bahadur Karki
Editor: Bhimarjun Acharya
S.No. Topic Author Page No.
1. Nepal's Accession to WTO: What Beyond Prof. Dr. Bharat Bahadur 1-24
2004? Karki
2. Judicial Control Over Delegated Legislation: Dr. Bidya Kishore Roy 25-52
A Survey of Recent Decisions 'Bimal"
S.No. Topic Author Page No.
3. Domestic Violence against Women: Prof. Dr. Rajit Bhakta 53-94
Concept, History and Existing Laws Pradhananga
Purna Shrestha
4. Sentencing Approach: Principles and Dr. Hari Bansh Tripathi 95-118
Practices
5. Survey of Some Select Judgments of the Bhimarjun Acharya 119-150
Supreme Court
6. Survey of Some Noted Judgments of the Kumar Regmi 151-192
Supreme Court on Contempt of Court
7. Wildlife Crime Threaten Biodiversity Dr. Ravi Sharma Aryal 193-208
8. A Brief Survey of Homosexuality and Laws in Bashu Dev Phulara 209-234
Nepal
9. Role of the Law for Strengthening Dr. Bal Bahadur Mukhia 235-260
Information and Communication Technology
in Nepal
10. The Right to Water Dina Mani Pokharel 261-278
11. Anatomy of 15th and 16th Periodic Tek Tamrakar 279-302
Reports against Caste and Descent-based
Discrimination-2004
12. Scope of Locus Standi in Public Interest Chandra Kant Gyawali 303-308
Litigations
13. Implication of International Human Rights Ranjana Thapa 309-326
Laws in the Year 2004
14. Reservation Policies Luma Singh Bishwakarma 327-338

Annual Survey of Nepalese Law, Volume VI, 2005

Coordinator: Hari Krishna Karki
Editor: Bhimarjun Acharya
S.No. Topic Author Page No.
Part – One
Executive Summary of the Year
1. A Survey of Major Legal Events in the Year Bhimarjun Acharya 1-50
2005
Part – Two
Survey Writings
2. Legal Instruments and Institutions to Curb Prof. Dr. Bharat Bahadur 51-92
Corruption Karki
3. Need for Creating Rules and Procedures Prof. Dr. Rajit Bhakta 93-116
Required for Evidential Testing and Public Pradhananga
Interest Criteria in Nepal: An Appraisal
4. An Historical Survey of Nepalese Legal Rewati Raj Tripathee 117-154
System
5. Ordinance Making Power: A Survey of Sudarshan Raj Pandey 155-166
Judicial Response
S.No. Topic Author Page No.
6. A Brief Survey of Development on Dr. Bal Bahadur Mukhia 167-202
Commercial Law in Nepal
7. Prostitution and Public Health: Various Purna Shrestha 203-220
Forms of Regulating Methods – An Analysis
of Current Legal Responses to Prostitution
in Nepal
8. Disappearance: A Culture of Impunity in Luma Singh Bishwakarma 221-238
Nepal
9. Implementation of the Convention against Bidhya Chapagain 239-258
Torture
10. General Survey of the Role of Judiciary in Ananta Raj Luitel 259-274
Hard Time

Nepal Bar Council Law Journal, Volume VII, 2007

Coordinator: Hari Krishna Karki
Editor: Raju Prasad Chapagai
S.No. Topic Author Page No.
1. Rape Victims in the Criminal Justice System Prof. Dr. Rajit Bhakta 1-18
of Nepal: A Critical Observation Pradhananga
Dilli Ram Shrestha
2. Independence of Nepalese Judiciary in the Tek Narayan Kunwar 19-46
Present Context
3. Foundation of Judicial Good Governance in Rewati Raj Tripathee 47-60
Nepal: A Critical Overview
4. Transitional Justice: An Effective Mechanism Keshab Prasad Bastola 61-78
for Addressing the Past Violent Conflict
5. Struggle against Enforced Disappearance: A Govinda Sharma 'Bandi' 79-106
Case Study of Nepal
6. Globalization of Human Rights, International Dinesh Tripathi 107-122
Criminal Court and Culture of Impunity in
Nepal
7. Sisyphus in the Castle: Exploring the Role of Shankar Nath Adhikari 123-146
Human Rights within Peace Processes
8. Economic, Social and Cultural Rights in Tek Tamrakar 147-162
Nepal: A Jurisprudential Perspective
9. Right to Food in Nepal: National and Basant Prasad Adhikari 163-190
International Legal Perspective
10. Enforcement and Protection of Human Keshab Prasad Dahal 191-216
Rights: Role of the National Human Rights
Institution in Nepal
11. Human Rights and Refugees: Protection Mohan Mani Lamsal 217-248
Framework and Challenges in Nepal
S.No. Topic Author Page No.
12. Living Constitution Theory: Lessons from US Budhi Karki 249-280
Perspective
13. Legal Provisions and Judicial Response to Anju Upreti Dhakal 281-294
Damages in Nepal
14. Freedom of Speech and Media at the Ananta Raj Luitel 295-310
Present Context of Nepal
15. Women's Right to Political Participation: Rajani Tiwari 311-328
South Asian Perspective

Nepal Bar Council Law Journal, Volume VIII, 2008

Coordinator: Hari Krishna Karki
Editor: Ananta Raj Luitel
S.No. Topic Author Page No.
1. Review of Acts, Rules/Regulations Relating Prof. Dr. Bharat Bahadur 1-10
to Water Quality and Their Use in Nepal Karki
2. Local Dispute Settlement Mechanism: Legal Purna Man Shakya 11-32
Framework, Field Reality and Government
Skepticism in Its Efficacy
3. Corruption: Concept, Theory and Judicial Prof. Dr. Rajit Bhakta 33-64
Practices in Nepal Pradhananga
Ramesh Raj Pradhan
Balram Prasad Raut
4. Characteristics of a Democratic Constitution Dr. Bhimarjun Acharya 65-72
5. Emerging from Conflict to Federal Republic: Bishwa Kanta Mainali 73-80
Threats to Rule of Law
6. Engendering the Nepalese Constitution: A Sapana Pradhan Malla 81-116
Women Perspective Ayasha Sen
7. Concept of Fair Trail: Right to Interpreter Agni Thapaliya 117-138
8. The Role of People and Their Chandra Kanta Gyawali 139-190
Representatives Through Electoral Process
in Nepal
9. Freedom of Speech and Press: A New Ananta Raj Luitel 191-216
Viewpoint
10. Nepalese Prosecution System: A Quest for Yuba Raj Subedi 217-238
Reform Rewati Raj Tripathee
11. Decentralization of Health Care Service in Megha Raj Pokharel 239-268
Nepal
12. A Perception on Minority Rights Prakash Pandit 269-284
13. Role of Public Interest Litigation: An Raju Prasad Chapagai 285-316
Environmental Perspective
14. Institutionalization of Political Parties in Rabi Narayan Khanal 317-340
Nepal
S.No. Topic Author Page No.
15. Theories on Corporate Criminal Liability: A Prakash Dhungana 341-370
Brief Survey
16. PIL in Nepal, Its Execution System: An Giriraj Gautam 371-402
Overview

Nepal Bar Council Law Journal, Volume IX, 2009

Coordinator: Bishwa Kanta Mainali
Editor: Ananta Raj Luitel
S.No. Topic Author Page No.
1. A Viable Judicial System under a Constitution Prof. Dr. Bharat Bahadur 1-16
in Marking: Expectation and Reality Karki
2. Judicial Independence: Analysis of Various Dr. Bhimarjun Acharya 17-32
Aspects
3. Constitution Making in Nepal: Challenges & Rewati Raj Tripathee 33-58
Opportunities
4. Is Federal Judiciary Feasible in Nepal? Chandra Kanta Gyawali 59-88
5. Head of the State vs. Head of the Rudra Sharma 89-102
Government
6. Presumption of Innocence and Its Reverse Prof. Dr. Rajit Bhakta 103-138
Provision Pradhananga
Narayan Prasad Paudel
7. Public Defender System: A Replica Legal Aid Tek Narayan Kunwar 139-160
Scheme for Indigent Accused
8. Integrity Maintain Initiatives in Judiciary Ananta Raj Luitel 161-172
9. Judicial Review: In Current Viewpoint Shree Kanta Paudel 173-184
10. Notary Public: A Thorough Analysis Ram Prasad Bhattarai 185-212
11. Constitutionalism: Theory and Practice Rabi Narayan Khanal 213-228
12. Penal Provision under Nepalese Law: A Shreeprakash Upreti 229-262
Critical Study
13. Domestication of International Law: Review Diwakar Bhatta 263-284
with Foreign Experience
14. Right to Environment: A View in SAARC Khem Raj Gyawali 285-324
Region
15. Social Justice: An Outline of Constitutional Mahesh Sharma Poudel 325-346
and Legal Provision
16. Comparative Study of Nepalese Legal Shree Krishna Bhattarai 347-364
Profession with Some Unitary and Federal
Countries
17. Role of Nepalese Judiciary to Promote Bishnu Prasad Upadhyaya 365-382
Corporate Social Responsibility
18. Law Making Process Ramesh Raj Pradhan 383-394
19. The Rule of Law and the Law of Rules: A Hon. Michael Kirby AC CMG 395-416
Semi-sceptical Perspective
Nepal Bar Council Law Journal, Volume X, 2010
Coordinator: Harihar Dahal
Editor: Ananta Raj Luitel
S.No. Topic Author Page No.
1. History of Nepalese Criminal Justice System: Dr. Yubaraj Sangroula 1-80
Some Milestones and Cracks
2. Independence of NHRC to Protect Human Gauri Pradhan 81-106
Rights and Promote Rule of Law
3. A Historical Account of Nepalese Criminal Prof. Dr. Rajit Bhakta 107-156
Evidence Law in Light of Burden of Proof Pradhananga
Narayan Prasad Paudel
4. Constitutional Court: Options for Nepal Tek Narayan Kunwar 157-172
5. Ethnic Federalism: Possibility in Nepal Dr. Chandra Kanta Gyawali 173-198
6. Discharge of Contract: Performance, Breach Megha Raj Pokharel 199-208
and Frustration
7. Human Rights of Refugees and Judicial Agni Prasad Thapaliya 209-234
Trends
8. Withdrawal of Serious Criminal Cases: A Surya Prasad Koirala 235-246
Threat to Rule of Law Rewati Raj Tripathee
9. Role of the Fourth Estate in Checks and Ananta Raj Luitel 247-260
Balance of State Organs
10. Security Forces in Post Conflict Situation Mahendra Jung Shah 261-278
11. A Summary of Anti-corruption Measures in Mahesh Sharma Poudel 279-302
Nepal
12. Right to Strike: Theory and Practice Rabi Narayan Khanal 303-320
13. Status of Enforcement of Arbitral Award in Bishnu Prasad Upadhayay 321-348
Nepal and Way Forward
14. Protection of Victim and Witness: Bidhya Chapagain 349-366
Commitments and Realities
15. International Corporate Law: Nationality of Semanta Dahal 367-384
International Enterprises and Law Governing
Their Insolvency Proceedings
16. An Overview of Arbitration in Nepal: Law, Rudra Prasad Sharma 385-412
Policy and Practice
17. Right to Self-determination in State Building Diwakar Bhatta 413-438
Process in Nepal
18. Contextual Ties of Lingual Rights and Its Deepak Krishna Shrestha 439-458
State Policy in Nepalese Constitution
19. Access to Justice for Sexual Violence Victims Bishnu Maya Bhusal 459-482
During the Armed Conflict: A Review
20. Identity of Nepalese Legal System with Madan Bahadur Dhami 483-494
Special Reference to the Criteria Prescribed Prakash Koirala
by Joseph Raz
21. Right to Religion: A Right of Conviction and Uddhav Prasad Pudasaini 495-504
Its Constitutional Guarantee
Nepal Bar Council Law Journal, Volume XI, 2011/12
Coordinator: Harihar Dahal
Editor: Ananta Raj Luitel
S.No. Topic Author Page
No.
1. Justice for Violence against Women: A Bala Ram KC 1-8
Commentary on Domestic Law
2. Role of the Attorney General to Protect and Drona Raj Regmi 9-20
Promote Human Rights and Rule of Law
3. Changing Context of Inchoate Offences in Prof. Dr. Rajit Bhakta 21-64
Nepal: Concept and Practices Pradhanang
Rajesh Kumar Katuwal
4. Nepalese Criminal Justice and Case Surya Prasad Koirala 65-90
Management Practices Krishna Jeevi Ghimire
5. Government under Chief Justice and the Ananta Raj Luitel 91-104
Principle of Separation of Power
6. Incorporation of Emerging Values of Rabi Narayan Khanal 105-118
Fundamental Rights
7. Experience on Elections to the Constituent Dr. Chandra Kanta Gyawali 119-136
Assembly
8. Continuous Hearing for Ensuring Access to Shereekanta Paudel 137-146
Justice
9. TRC Bring Individual and Community Healing Tek Narayan Kunwar 147-176
and Reconciliation
10. Human Capital Theory: Prospect in Prakash Dhungana 177-188
Corporate Sector
11. Short Analysis on the Role and Function of Ghanashyam Ojha 189-200
Nepal Bar Council
12. Change in Law Protection under the Model Anup Raj Upreti 201-216
Project Development Agreement Narayan Chaulagain
13. Criteria to Measure mens rea to Impose Balram Prasad Raut 217-238
Corporate Criminal Liability
14. Protection of Intellectual Property under Bishnu Prasad Upadhyaya 239-266
Nepalese Legal Regime
15. Legal Aspects of Food Safety and Quality in Dina Mani Pokharel 267-286
Nepal
16. Alternative Dispute Resolution Practices in Khem Raj Gyawali 287-308
Nepalese Society
17. Human Rights School of Thoughts: Special Dr. Mahendra Jung Shah 309-328
Reference to Nepal
18. Legal Analysis of Multinational's Status in Saroj Krishna Ghimire 329-344
Reference to Human Rights Responsibilities
19. Regional Integration between Nepal, China Rudra Sharma 345-356
and South Asian Countries
20. Failure to Investigate Conflict-era Sexual Bishnumaya Bhusal 357-368
Violence Cases in Nepal
21. Medical Malpractice: An Emerging Challenge Ramesh Parajuli 369-388
in Nepalese Medico-legal Sector
22. PPP Laws: Uncitral's Guidance for PPP's in Semanta Dahal 389-408
Infrastructure
23. Treatment of Female Offenders in Nepal Uddhav Prasad Pudasaini 409-420
24. Contemporary Legal Education in Nepal: A Namrata Dhungana 421-434
Brief Assessment
25. Rights of the Indigenous People With Ashrusha Mainali Anita 435-456
Reference to Nepalese Legal System Khanal

Nepal Bar Council Law Journal, Volume XII, 2013

Coordinator: Harihar Dahal
Editors: Prof. Dr. Shambhu Prasad Khanal & Liladhar Upadhyaya
S.No. Topic Author Page No.
1. Non-performance of Contract: Rule of Prof. Dr. Bharat Bahadur 1
Mitigation Karki
2. Mitigated Homicide: Concept, History and Prof. Dr. Rajit Bhakta 15
Judicial Practices in Nepal Pradhananga
Kunshang Lama
3. Torture as a Heinous Crime: A Study in Prof. Dr. Shambhu Prasad 73
Nepalese Perspective Khanal
4. Global Instruments on Rights and Duties Prof. Dr. Tara Prasad Sapkota 93
of Indigenous Peoples in Biodiversity
Conservation
5. Parliamentary Hearing on Judicial Dr. Bipin Adhikari 111
Appointments: Some Issues
6. Reforms in the Justice Delivery Systems Dr. Bhimarjun Acharya 125
7. Characteristics of the Electoral System in Dr. Chandra Kanta Gyawali 131
the World
8. Right against Torture from Nepalese Legal Ramesh Raj Pradhan 155
Perspective
9. Secured Transactions Law in Nepal Gandhi Pandit 165
10. Federalizing Nepal Deepak Krishna Shrestha 177
11. Concept of Double Taxation and Avoidance Laxmi Narayan Dhungel 197
Agreements with Special Reference to
Recent 'Nepal-Indo Double Taxation
Avoidance Agreements'
12. Restorative Justice in the Context of Laxmi Prasad Mainali 207
Juvenile Justice
S.No. Topic Author Page No.
13. Incorporation of Equity Remedies in Yadav Kumar K.C. 219
Nepalese Legislation Relating to Contract: A
Theoretical Overview
14. Domestication of Treaty Law Through the Prakash K.C. 235
Judicial Decision in Nepal
15. Constituent Assembly-II: Prospects and Liladhar Upadhyaya 257
Challenges
16. Situation of Socio-cultural Rights in Nepal: Balram Prasad Raut 271
An Overview of Decisions of the Supreme
Court of Nepal
17. Mediation in Nepal: Need, Status, Law and Narayan Prasad Sharma 295
Practice
18. Feminist Jurisprudence, Law and Justice for Narayan Prashad Khanal 313
Women: An Appraisal
19. Understanding Nepalese Constitution, 2007 Punya Prasad Khatiwada 327
in View of Human Rights
20. Contempt of Court: Modern Trends Ananta Raj Luitel 341
21. Parliamentary Hearing and the Amita Gautam 353
Appointment of Judges in Different Models
22. Protection of Consumers' Rights in Nepal: Sarita Khanal 363
Problems and Prospects
23. Critical Analysis of Abortion Rights in Nepal Rukamanee Maharjan 383
24. Juvenile Delinquency and Need of Separate Mukunda Adhikari 405
Juvenile Justice System

Nepal Bar Council Law Journal, Volume XIII/XIV, 2014/15

Coordinator: Prof. Dr. Tara Prasad Sapkota
Editor: Laxmi Sharma
S.No. Topic Author Page No.
1. Legal Framework of South Asia for the Prof. Dr. Tara Prasad 1-20
Protection of Environment: A Bird Eye Survey Sapkota
2. The Journey from Fact to Proof in Judicial Prof. Dr. Rajit Bhakta 21-40
Proceeding: Theory and Practice in Nepal Pradhananga
Rewati Raj Tripathee
3. Prospect of Privatization in Nepal Prof. Gunanidhi Neupane 41-62
4. Bar Council: Regulating Legal Fraternity in Sharanga Subedi Anurag 63-70
Nepal Subedi
5. Refugee Problem in South Asia with Special Prof. Dr. Shambhu Prasad 71-88
Reference to Nepal: An Appraisal Khanal
6. Legal Framework on Foreign Investment in Krishna Jeevi Ghimire 89-122
Nepal: Problems and Prospects
7. An Analytical Study on Present Situation of Sanjeeb Raj Regmi 123-134
Nepalese Criminal Prosecution
8. Concept of Gender Justice Dr. Shashi Adhikary Raut 135-156
S.No. Topic Author Page No.
9. Victim Justice System and Its Underlying Ramesh Raj Pradhan 157-166
Principles
10. Judicial Responses to Juvenile Justice System Dr. Laxmi Prasad Mainali 167-190
in Nepal: A Critical Study
11. Unendorsed Obstruction in Border by India Pravakar Adhikari Roshani 191-206
and Violation of Nepal's International Law Giri
Rights
12. Democracy, Election and the Constitution of Govind Gautam 207-220
Nepal: An Overview
13. An analysis of Sexual Harassment in Dr. Nutan Chandra Subedee 221-234
Workplace (Eradication) Act, 2014 in Nepal
14. An Introduction to Jurisprudence and Its Krishna Prasad Bashyal 235-242
Nature: A Brief Study
15. Rule of Law in the Constitution of Nepal, Binod Bashyal 243-254
2015
16. Dispute Settlement Mechanism of WTO Prakash Dhungana 255-268
17. General Outline of Legal Profession Dr. Mahendra Jung Shah 269-284
18. Ethno-nationalism, Indigenous People and Dr. Chandra Kanta Gyawali 285-300
Electoral Process: Legal Anthropological
Perspective
19. Role of the International Agencies Kumar Ingnam 301-326
in Controlling Corruption: UN, WTO,
International Courts and Other Bodies
20. Legislative Commitment and Reality of Saroj Krishna Ghimire 327-348
Foreign Investment Environment in Nepal
21. Identification of Prison Reform Policies in Balram Prasad Raut 349-370
Nepal
22. Fiscal Policy of Nepal under Nepalese New Awatar Neupane 371-380
Constitution
23. Rule of Law Development in Nepal and Asian Dr. Narayan Ghimire 381-396
Value
24. Application of the Doctrine on Privity of Madhav Prasad Paudel 397-418
Contract in Nepal with Special Reference to
the Contract Act, 2056 B.S.
25. Tribes and Indigenous People vis-a-vis the Shambhu Prasad 419-438
Caste People: A Legal Analysis to Demystify Chakrabarty
The Two
26. Changing Dimension of Corporate Social Roshani Poudyal 439-452
Responsibility to Corporate Human Rights
Responsibility of Multinational Companies
27. WTO and Nepal's Commitments towards Sarita Khanal 453-464
GATS: An Appraisal
28. Right of Self-determination of Indigenous Srijana Regmi 465-482
People
S.No. Topic Author Page No.
29. A Study on Political-criminal Nexus in Context Surendra Manandhar 483-490
to Nepal
30. Problems of Internally Displaced Persons in Anjana Neupane 491-506
the Context of International Law
31. Victims' Right in Authorized Phraseology Amar Bahadur Shah 507-526
32. Right to Safe Abortion: Squarely under the Ashrusha Mainali 527-544
Domain of Private Decision of Women

Nepal Bar Council Law Journal, Volume XV, 2016

Coordinator: Prof. Dr. Tara Prasad Sapkota
Editor: Rom Bahadur Thapa
S.No. Topic Author Page No.
1. Victimology as a New Discipline Ramesh Raj Pradhan 1-8
2. Trade Jurisprudence: Nepalese Perspective Khem Raj Gyawali 9-32
3. Pro Bono Lawyering: A Comparative Study Rabi Narayan Khanal 33-62
4. Criminal Justice System of Nepal in Dr. Mahendra Jung Shah 63-110
Comparison to Global Context
5. Concept of Corporate Social Responsibility Krishna Prashad Bashyal 111-122
and Human Rights in Nepal
6. Threshold: Concept and Practice in Nutshell Govind Gautam 123-132
7. fair trial principle and an application of legal Prakash Bahadur K.C. 133-176
assistance in pre-trial
8. Inclusive Representation Under the Dr. Chandra Kanta Gyawali 177-184
Constitution of Nepal
9. Glimpse on Nature and Scope of Criminology and Rewati Raj Tripathee Prabin 185-206
Criminological Study in Nepal Pandak
10. Crime, Victim and Right to Reparation Rabindra Bhattarai 207-220
11. Women Lawyers Corporate Practice: Saroj Krishna Ghimire 221-236
Magnitude of Challenges and Prospects
12. The DOHA Round: Is It Going to Fail? Balram Prasad Raut 237-272
13. Banking Crime and Legal Instruments Awatar Neupane 273-284
14. Achieving the Sustainable Development Sarita Khanal 285-298
Goals No. 5 Under the Realm of
Constitutional and Legal Framework
15. Serving the Best Interest of the Child: Judicial Rom Bahadur Thapa 299-310
Decision Making Regarding Application of
Pre-Trial Detention in Nepalese Juvenile
Justice System
16. The Exclusionary Rule: Concept, Theory and Rajesh Kumar Katuwal 311-326
Judicial Practices
17. Concept, Principles, Policies and Judicial Narayan Prasad Sharma 327-354
Trends in Sentencing
S.No. Topic Author Page No.
18. Victim Justice System: An Appraisal Anupama Panta 355-374
19. Impeachment: Experience in Nepal Ananta Raj Luitel 375-388
20. The Concept and Development of Dharma Raj Regmi 389-394
Sovereignty
21. Governance: Politics, Bureaucracy and Rule Mukunda Adhikari 395-404
of Law
22. The Status of Untouchability Law in Nepal Nagendra Lamsal 405-420
23. A Critical Analysis of Universal Periodic Samir Ghimire 421-434
Review with Special Reference to
Recommendations Relating to Rights of Dalit
in Nepal
24. Illusionary Conflict of Responsibility Vijaya Prasad Jayshwal 435-450
to Protect v. Right to Intervention:
Jurisprudential Outlook
25. Nanotechnology and Forensic Science: It's Narendra Pratap Singh 451-462
Uses in Criminal Law Budhathoki
26. Government Formation Procedure under the Hari Bahadur Mainali 463-472
Constitution of Nepal: A General Explanation
27. Chhaupadi: Banishment for Bleeding and Ashrusha Mainali 473-480
Impurity
28. Principle of Proximate Cause In Insurance Neetij Rai 481-490
Law Bikash Thapa
29. Practice of Right Against Self-Incrimination: Durlabh Pun 491-516
An Overview
30. Mapping The Constitutional Vision of Right Suresh Kumar Dhungana 517-532
to Food and Its Realization
31. Child Marriage in Nepal: An Analysis of Durga Karki 533-550
Current Situation and Recommendations

Nepal Bar Council Law Journal 2017, Vol. XVI (Silver Jubilee Edition)
Coordinator: Prof. Dr. Laxmi Prasad Mainali
Editor: Rom Bahadur Thapa
S.No. Topic Author Page No.
1. Climate Change and International Prof. Dr. Tara Prasad 1-14
Obligations: An Overview Sapkota
2. Nepalese and Indian Judiciary in Promoting Prof. Dr. Bijay Singh Sijapati 15-29
Environment and Sustainable Development
3. System of Constitutional Remedies Prof. Dr. Shashi Adhikary 30-39
Raut
4. Transitional Justice: The Works and Krishna Jeevi Ghimire 40-51
Challenges of CIEDP in Nepal Govinda Prasad Humagain
5. Tort and The Law of Compensation: A Critical Gandhi Pandit 52-56
Analysis of These Laws From Nepalese Law
Perspective
S.No. Topic Author Page No.
6. Compulsory Voting: Concept and Practice Dr. Govind Gautam 57-63
7. Concept of Sociological School Theory in Krishna Prasad Basyal 64-71
Nepalese Context
8. Federalism: Re-Structuring of the State and Dr. Chandra Kanta Gyawali 72-90
International Practice on Concurrent Power
(Ensuring Proportional Inclusion in the State
Organs in The Process of Federalization: A
Legal Anthropological Perspective)
9. Procedural Innovations in Public Interest Dr. Gopal Prasad Dahal 91-101
Litigation
10. Protection of Heritage Properties under Bishwamani Pokharel 102-119
Human Rights Law and Reflection in Nepal:
Legislative Measures
11. Recognition and Enforcement of Foreign Dr. D.N. Parajuli 120-142
Arbitral Award under National and
International Laws
12. "One Belt One Road" Initiative and Legal Shuvan Raj Acharya 143-148
Environment of Business
13. Historical Development of The Nepalese Awatar Neupane 149-159
Banking Institutions: A Brief Study
14. Company Secretary and Nepalese Law: An Baburam Panday 160-168
Overview
15. Remedy for Enforced Disappearances in Dr. Punya Prasad Khatiwada 169-176
Nepal
16. Plea Bargaining, The Guilty Plea: An Rom Thapa 177-189
Overview Deepika Thapa Magar
17. Separation of Power in Constitution of Nepal Hari Bahadur Mainali 189-196
18. Marital Rape and Existing Laws in Nepal Sabita Godar Thapa 197-204
19. Gender Perspective of Labour Legislation Roshani Poudyal Ghimire 205-214
20. Foreign Employment and Trafficking in Koshraj Neupane 215-229
Person: Analysis of Legislative Intervention in
Nepal
21. Nepali Legal Perspective of Narcotic Drugs Saroj Krishna. Ghimire 230-236
Trafficking in Global Magnitude
22. Medical Negligence Under Muluki Penal Dr. Ramesh Parajuli 237-243
(Code) Act, 2074 B.S.
23. Adjudication of Socio-Economic Rights: Tejman Shrestha 244-265
Progressive or Immediate Realization? A
Study with Reference to Right to Food in
Nepal
24. Interpol as a Medium of Cooperation on Bishnu Prasad Soti 266-281
Prevention of Transnational Crime: A Study
of Interpol Nepal
25. Re-Socialization of Offenders and Alternative Chandra Shekhar Khadka 282-300
Criminal Justice Sanctions: An Appraisal
S.No. Topic Author Page No.
26. Global Initiation for Implementation of Kishwor Sapkota 301-310
Human Rights with Nepalese Prospective
27. Copyright Law and Its Importance for Ma ZhiGuo 311-322
Protection on 3D Printing Mukunda Adhikari
28. Disabled to Differently Abled People Durlabh Kumar Pun 323-337
29. Self-Enforcing Measures in WTO Disputes: An Amrit Kharel 378-347
Insubstantial Remedy
30. Legal Framework and Judicial Approach of Nagendra Lamsal 348-359
International Practices of Letter of Credit
31. Approaches to Protection of Civilians under Yam Kumar Yonjan 360-368
International Humanitarian Law
32. Law of Specific Performance as a Remedy Neetij Rai 369-379
of Breach of Contract: A Brief Analysis of
Nepalese Laws
33. Human Trafficking and Transportation Lalita Shakya 380-391
(Control) Act, 2007 and Its Rules, 2008: A
Child Centric Approach
34. Legal Protection against Elder Abuse in Renu Ghimire 392-405
Nepal: International Human Rights Law
Perspective
35. Diminishing Role of State in Regional Vijay Jayshwal 406-424
Identities: Non State Actors Involvement in
International Law and Practices
36. The Rohingyas: A Case of Nepal Prasanna Mahat 425-434
Shahrukh Rai
37. Transitional Justice Through Truth and Prapoosa K.C. 435-446
Reconciliation Commission of Nepal
38. Application of Forensic Medical Evidence on Nishma Shah 447-460
Rape Cases on Nepalese Perspective
39. Intellectual Property Rights: Does It Help or Bandana Upreti 461-469
Hurt Developing Nations?

Nepal Bar Council Law Journal 2018, Vol. XVII (Peer Reviewed Journal)
Coordinator: Prof. Dr. Laxmi Prasad Mainali
Editor: Rom Bahadur Thapa
S.No. Topic Author Page No.
1. Legal Protection of Biodiversity: International Prof. Dr. Bijay Singh Sijapati 1-11
and National Perspective
2. Concept of Money Laundering and Nepalese Prof. Dr. Laxmi Prasad Mainali 12-44
Anti-Money Laundering Initiatives: An Insight Chandra Shekhar Khadka
3. Dispute Settlement Procedures: How Dr. Kumar Ingnam 45-73
Effective for Poor Or LDCS ?
4. Role of Political Parties under Legal Dr. Govind Gautam 74-84
Framework of Nepal
S.No. Topic Author Page No.
5.. Independence of Judiciary: Laws and Krishna Prasad Bashyal 85-98
Practices in Nepal
6. Electoral System under the Constitutions of Dr. Chandra Kanta Gyawali 99-110
Nepal and Role of Chakari (Fatalism): A Legal
Anthropological Perspective
7. Two Thousands Years of Evidence Rewati Raj Tripathee 111-124
Scholarship: We Learned or We Forgot?
8. Jurisdiction of Supreme Court in the Binod Bashyal 125-137
Protection of People's Right in Nepal
9. Trademark Protection in Nepalese Law Dr. D.N Parajuli 138-147
10. Contract and other Liabilities in Muluki Civil Shuvan Raj Acharya 148-153
Code
11. Anatomy of National Human Rights Laxmi Sharma 154-166
Institutions in Nepal
12. Legislative Scope of Contribution Based Saroj Krishna Ghimire 167-177
Social Security for Ensuring Socialism
Oriented Economy
13. Structural Aspects of Criminal Liability in Dr. Ramesh Parajuli 178-197
Nepal
14. Interpol: An Illusion and Reality from Human Bishnu Prasad Soti 198-209
Rights and Fair Trial Perspectives
15. Plagiarism as an Intellectual Offence Bishnu Luitel 210-219
16. Dishonour of Cheque and Banking Crime Awatar Neupane 220-233
17. Incorporation of General Principle of UNCRC Shiva Prasad Paudel 234-243
in Children's Act, 2018
18. Rule of Law and Human Rights: How They Interact? Dr. Naresh Kumar Maharjan 244-251
19. Legislative Power at State Level in Nepal: Koshraj Neupane 252-262
Implementation, Trends and Challenges
20. Social Justice under the Constitution of Khasman Limbu 263-286
Nepal
21. Protection of Intellectual Property Rights: Sarita Khanal 287-295
Engine of Economic Growth
22. Legal Regime for Abortion in Nepal and Its Laxmi Sapkota 296-305
Challenges
23. Quest for Universal Jurisdiction: Human Kishwor Sapkota 306-317
Rights Prospective
24. Tax Avoidance and Multinational Companies Rupes Lama 318-330
Rajeev Pokhrel
25. Deficiency of Dispute Settlement Regime Amrit Kharel 331-341
in International Monetary Law: A Critical
Appraisal
26. Judicial Initiatives for Safeguarding Public Nagendra Lamsal 342-354
Interest Litigation in Nepal
27. An Analysis on Major Elements of A Valid Yam Kumar Yonjan 355-367
Contract Under Muluki Civil Code, 2074
S.No. Topic Author Page No.
28. Equal Citizenship Right: Still A Constitutional Shishir K. Yadav 368-378
No for Nepalese Women
29. Plea Bargaining: The Indigenous Concept of Roshan Kumar Jha 379-400
Nepalese Legal System
30. Cyber Victimization of Women in Nepal: A Manish Nepal 401-423
Survey
31. Does Affirmative Action Ensure Equality Pratikshya Budhathoki 424-437
Rights of Dalits in Nepal?
32. Engineering the Gender in Transitional Vijay Jayshwal 438-450
Justice: Less Spoken Case of Sexual Violence
in Conflict Period in Nepal
33. Bilateral Investment Treaties of Nepal: Need Namrata Sedhain 451-462
for Revision
34. Subject Matter of Arbitrability with Special Rajesh Bastola 463-471
Reference to Nepal