Faculty Publications

Permanent URI for this collectionhttps://hdl.handle.net/10361/7124

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Is there a linkage between sustainable development and market access of LDCs?
(© 2013 Law and Development Review, 2013) Tania, Sharmin Jahan; School of Law, BRAC University
This article revisits the decades-long trade-sustainable development debate in the context of Rio+20 and its endorsement of green economy policy. It aims to grapple with the possible linkages between LDCs' market access regime and the concept of sustainable development itself. Conflicting perceptions of developed and least developed country (LDC) members of the WTO as to the conceptual basis of sustainable development, this article argues, explain the challenges LDCs face in the form of impediments to their market access. By examining the specific market access issues, this article reveals how developed countries' concerns for sustainable development turn out to be market access barriers for LDCs. As the call for transition to green economy could exacerbate some of these concerns of LDCs, the article suggests a common ground, where a balanced trading regime can be most productively envisioned through a reasoned discourse of market access for LDCs linked with a conceptual route of sustainable development.
International practice of public legal education: a missing element in the justice system of Bangladesh
(© 2012 Commonwealth Secretariat., 2012) Yasmin, Taslima; School of Law, BRAC University
Public Legal Education (PLE) is a recently developed international practice which aims at providing nationwide legal education and information services to the public by way of a variety of innovative methods. Compared to its presence in a number of developed countries, the practice of PLE is not very common in least developed and developing countries such as Bangladesh. However, its impact on the process of legal empowerment could be transformative. This article thus attempts to assess the necessity and the prospect of introducing PLE in Bangladesh. In doing so, the concept of PLE will be analysed first, focusing on the various methods that are applied for its delivery. Considering the presence of comprehensive PLE practices, the PLE framework in two other jurisdictions - Canada and Australia - will then be examined in order to achieve a comparative view on the subject. Upon analysing the relevance of PLE, the article will finally propose a number of key recommendations to introduce a PLE framework into Bangladesh.
The Hindu marriage system in Bangladesh: addressing discrimination
(© 2014 Commonwealth Secretariat, 2014) Zahur, Mahua; School of Law, BRAC University
As a social and legal institution, marriage is recognized in every society and by every faith. The author examines the institution of marriage amongst the Hindu community of Bangladesh. After the independence of Bangladesh, no legislative measure has been taken to address the Hindu marriage system. From a gender as well as a religious perspective, the whole spectrum of Hindu marriage has often been criticised as being discriminatory, particularly towards women. Despite the fact that the Constitution of Bangladesh has clearly abolished all forms of gender and religious discrimination, these provisions are not reflected in reality. As a signatory of various international conventions, Bangladesh is also under an international obligation to materialise the notion of equality in its municipal system. This article analyses the various lacunae of the prevalent Hindu marriage system in Bangladesh and their underlying reasons. It also makes recommendations in order to achieve Bangladesh’s constitutional and international obligations toward gender equality.
Promoting intra-regional trade in South Asia through trade facilitation measures under the auspices of the South Asian association for regional cooperation
(© 2014 Brill, 2014) Islam, Md Rizwanul; School of Law, BRAC University
The scope for trade restrictions to address the lack of compliance with fire safety standards in garment factories of Bangladesh
(© 2015 Kluwer Law International BV, The Netherlands., 2015) Islam, Md. Rizwanul; Muquim, Naimul; School of Law, BRAC University
The frequent incidents of fire attributable to systemic lack of compliance with fire safety standards in garment factories of Bangladesh has been a recurring problem taking away lives of many workers over the years.The manufacturers possessing significant economic and political clout have almost invariably escaped the sanctions of the national legal system. This paper argues that a trade restrictions regime imposed by a major importing country of garment products of Bangladesh may force the manufacturers to improve compliance with the relevant laws and engender the necessary change to provide workers with a safe working environment. It argues that such a trade restriction regime should neither be country nor even industry-wide, rather be targeted to rouge manufacturers acting in violation of safety laws. However, analysing the policy grounds and relevant WTO jurisprudence, this paper finds that despite the desirability of such a scheme, it would unlikely to be WTO-compliant.
Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences
(© 2016 Oxford University Commonwealth Law Journal, 2016) Islam, Md. Rizwanul; School of Law, BRAC University
Recently in Bangladesh, there is a discernible (albeit rare) trend of the Supreme Court passing directives to the government for making laws for redressing specific wrongs or addressing some issues of public importance. While this type of directives is apparently motivated by a benevolent desire for ensuring better governance, this paper argues that this is an affront to the well-established theory of separation of powers and leads to undesired consequences. Though not intentional, this practice of issuing directives effectively undermines the government as well as the overall political system of Bangladesh. Arguably, this sort of judgments projects an image that the political forces in Bangladesh are dysfunctional and indirectly cements the power and image of apolitical forces in Bangladesh, which in the long run corrodes democratic values and undermines, if not threatens, the prospect of a functioning democracy in Bangladesh.

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