Bangladesh and International Law


Book Description

This book is the first-ever comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh. The book not only sheds new light on classical international law concepts, such as statehood, citizenship, and self-determination, but also covers more current issues including Rohingya refugees, climate change, sustainable development, readymade garment workers and crimes against humanity. Written by area specialists, the book explores how international law shaped Bangladesh state practice over the last five decades; how Bangladesh in turn contributed to the development of international law; and the manner in which international law is also used as a hegemonic tool for marginalising less powerful countries like Bangladesh. By analysing stories of an ambivalent relationship between international law and post-colonial states, the book exposes the duality of international law as both a problem-solving tool and as a language of hegemony. Despite its focus on Bangladesh, the book deals with the more general problem of post-colonial states’ problematic relationship with international law and so will be of interest to students and scholars of international law in general, as well as those interested in the Global South and South Asia in particular.




Asian Yearbook of International Law, Volume 23 (2017)


Book Description

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.




Revisiting Personal Laws in Bangladesh


Book Description

The People’s Republic of Bangladesh is centrally located in South Asia and is one of the eight countries that constitute the South Asian Association of Regional Cooperation (SAARC). In 2010, the South Asian Institute of Legal and Human Rights Studies in Dhaka (SAILS) initiated the ‘Combating Gender Injustice’ research study to investigate how the Christian, Hindu and Muslim communities in the country are affected by the laws and customs governing their personal lives. The aim was to engage in a dialogue with the stakeholders the results of which would provide a basis to formulate recommendations for law, policy and procedural reform. These reports have been reproduced in this volume in updated and revised form. Moreover, in order to offer a more complete overview of the ethnic and religious minorities concerned, a chapter has been added on the personal laws of the Buddhist community, the third largest religious community in Bangladesh. Finally, the volume offers much needed information on the laws and customs of the indigenous peoples of the Chittagong Hill Tracts, communities following traditional rules and customs in the remote and hilly region of the country. The gender-insensitive personal laws prevalent in South Asian societies will continue to be debated for generations to come. This unique volume gives a voice to the different religious and ethnic communities affected by the current laws and practices in force in Bangladesh. The reader will find an overview and gain understanding of the legal issues that need to be addressed in each case.




Asian Yearbook of International Law, Volume 24 (2018)


Book Description

Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).




Tort Law in Bangladesh


Book Description

This book explores the use of tort laws in Bangladesh, outlining critical studies and cases on key concepts such as nuisance, international torts, negligence, and liability. Drawing from case studies in the UK, USA, Canada, Australia, and India, the volume comparatively analyses various aspects of tort law including its efficacy, issues of determination and monetary considerations. It scrutinizes academic literature and prominent cases such as Bangladesh Beverage Industries Ltd v Rowshan Akhter and Children Charity Bangladesh Foundation v Government of Bangladesh among others to examine the objective and use of tort law in Bangladesh. It also explores fundamental misconceptions related to the use of torts, protection of public and private rights, formalization of tort cases in courts, types of legal remedies for injuries, and more. Lucid and topical, this book will be an essential read for scholars of law, tort law, constitutional law, civil and criminal law as well as for legal professionals especially those concerned with Bangladesh.




International Law and Self-Determination


Book Description

TABLE OF UN DOCUMENTS.




Human Rights in Bangladesh


Book Description

"It is established that as a ratified State of international human rights treaties the respective State should comply with its commitments and implement those rights giving effectiveness into domestic laws. Both the right to life and the right to liberty and security of persons are very important and significant in all leading international human rights instruments. The International Covenant on Civil and Political Rights (ICCPR) is a major international human rights treaty which Bangladesh already ratified some years back. Although Bangladesh has ratified this convention, it does not meet international human rights standard, more particularly, the right to life and the right to liberty. There are many reasons for this ineffectiveness but the objective of this research is to prove that a lack of political will, and in particular, an unwillingness to take effective measures to ensure due compliance is one of the main reasons behind it. The dissertation has also been undertaken to find out what the effectiveness of the right to life and the right to liberty is under Articles 6 and 9 of the ICCPR in light of both Bangladesh and international law. Accordingly, it explains and analyzes legal provisions under the Bangladeshi laws, regional human rights conventions and international legal instruments for the protection and promotion of fundamental human rights particularly the right to life and the right to liberty for all citizens especially the human rights defenders. In this regard, the research also examines different judicial decisions from national jurisdiction, regional courts and international jurisdiction as well. It further investigates what the challenges are facing those who seek to ensure respect for human rights in Bangladesh and how they overcome it"--







National Trials of International Crimes in Bangladesh


Book Description

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.




Islamic International Law


Book Description

Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.