Bangladesh and International Law - Bangladesh and International Law -

I General International Law Issues Glimpses of international law discourse Representation and participation of Bangladesh in international law regimes Teaching, scholarship, and the promotion of international law Notes Framework of engagement with international law Judicial invocation of international law International law in domestic courts Customary international law Treaty General principles of international law Soft laws Notes Involvements in international courts and tribunals International Centre for Settlement of Investment Disputes (ICSID)Chevron Bangladesh Blocks Twelve, Thirteen and Fourteen Ltd. v. Bangladesh Scimitar Exploration Ltd. v. Republic of Bangladesh and Bangladesh Oil, Gas and Mineral Corporation Saipem S. P. A. v. The People’s Republic of Bangladesh Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited (BAPEX) and Bangladesh Oil, Gas and Mineral Corporation (Petrobangla)International Tribunal on the Law of the Sea (ITLOS)The Permanent Court of Arbitration (PCA)Case Concerning Maritime Delimitation between Bangladesh and India Case concerning Accord on Fire and Building Safety’ in Bangladesh International Court of Justice (ICJ)International Criminal Court (ICC)Bangladesh in the WTO Dispute Settlement Board (DSB)Notes II Sources Customary international law Critique of the concept of CIL Judicial approaches to the application of CIL in Bangladesh Notes The law of treaties and treaty reservations Status of international treaties in Bangladesh Treaty reservations and the compatibility test Bangladesh practice regarding treaty reservations The politics of treaty reservation Notes III Statehood Territory, people, and self-determination Title to territory East Pakistan as a non-self-governing territory Identifying the people: The territorial agent What’s in recognition? Not a lot apparently Notes Citizenship and statelessness Issues concerning statelessness in law and practice The citizenship question of the Biharis in Bangladesh Legal uncertainty over the citizenship of Biharis Notes Natural resources Bangladesh and sovereignty’ over natural resources Legacy of the colonial state and growing PSNR (1947-1971)Constitutionalisation of PSNR in Bangladesh Trade liberalisation and PSNR Extraction of natural resources in Bangladesh by MNCs PSNR and competing priorities Rights of indigenous peoples over natural resources PSNR in rivers and the sea Notes International watercourse law Crystallisation of customary rules Environmental focus in the international watercourse regime The global opening of the 1992 Convention The 2004 Berlin Rules Human rights dimensions Bangladesh and international watercourse law Limited application of the equitable principle in the 1996 Treaty The 1996 Treaty in the light of the 1997 Convention Notes Marine resources and the blue economy Significance of the blue economy for Bangladesh International law and the blue economy The national legal framework on the blue economy Challenges in the blue economy sector and ways to overcome them Notes IV International Environment Law International environmental law Genesis of the international environmental law Emerging principles of international environmental law Responsibility for transboundary harm The precautionary’ principle The polluter pays principle The principle of common but differentiated responsibility The principle of sustainable development Environmental law principles and the domestic legal framework Application of the no harm principle Application of the precautionary’ principle Application of polluter pays principle Application of the sustainable development principle Application of intergenerational equity’ principle The judiciary and the implementation of environmental law Notes Climate change and human mobility Human rights implications of climate-related human mobility International legal framework for the protection of climate-related human mobility National legal framework dealing with climate-related mobility Notes Sustainable development Sustainable development as a development package Sustainable development framework and Bangladesh The legal framework of SD in Bangladesh Institutional framework for SD in Bangladesh Judicial interpretation of SD Prevention of pollution Protection and conservation of wetlands, rivers, and biodiversity Recognition of environmental impact assessment (EIA) for development projects Protection and administration of rural and urban planning Labour welfare and compensation for losses inflicted by development projects Prospective critical environmental issues and judicial interpretation Notes V International Economic Law Intellectual property rights and other trade and development challenges Economic performance and export-orientated industries Non-tariff barriers to sustainable trade: Bangladesh and the SPS Agreement Devising an efficient trade framework: Bangladesh and trade facilitation Renewed impetus for global trade facilitation Implementation of trade facilitation policy in Bangladesh Reform measures to promote sustainable trade Stronger IP framework to promote sustainable trade Building a framework for SPS compliance Greater trade facilitation and trade linkages Notes LDC graduation and WTO challenges Existing LDC-specific WTO flexibilities for Bangladesh Projected impact of graduation on Bangladesh under WTO rules Challenges in shorter implementation periods and the waivers Losing DFQF market access Challenges relating to GSP and GSP+Other challenges Post-graduation smooth transition strategy for Bangladesh Notes International investment agreements Regulatory freedom in IIAs Bangladesh as host state Notes VI International Criminal Law International criminal law: historical perspectives Bangladesh and ICL in the pre-independence period Bangladesh’s efforts to prosecute the 1971 crimes Bangladesh’s contribution to international criminal justice Notes Substantive law of the international crimes tribunal (Bangladesh)Legislative history of the ICT Act The ICT Act: a special law for special crimes trials International legal basis and status of the ICT Act The ICT Act: a conduit to internalise international criminal law Notes Crimes against humanity and the principle of legality The principle of legality: theoretical and historical perspectives Crimes against humanity and the principle of legality in the ICT Act Tracing the evolution of crimes against humanity Crimes against Humanity in the ICT Act and its Interpretation by the ICTs and the Supreme Court of Bangladesh Notes VII The State and Its Others Women and a national imaginary Women and secularism: early phase of nation-building during 1971-1974 Islam as an ideological construct in Bangladesh and CEDAW Revisiting the reservations: reading against the grain The loose ends Constitutional guarantee of sex equality and the normative inconsistency The monolithic edifice of “personal laws”Notes Rohingya refugees Bangladesh and the international legal regime on refugees Domestic laws and mechanisms The Constitution The Foreigners Act 1946 Procedure of providing shelter to refugees Local integration of refugees Proposed comprehensive domestic law on refugees Notes Religious minorities Complexities around minority protection under international law Minority rights under the Constitution of Bangladesh Right to property Freedom of religion Right to education Right to enjoy culture and cultural identity National mechanisms of protection and their effectiveness Notes Indigenous peoples and ethnic minorities Ethnic minorities and indigenous peoples under international law Economic development and the marginalisation of the CHT hill people Notes Readymade garment workers and inchoate compensation rights Standardising social insurance: ILO Conventions 102 and 121 The Bangladesh context Employer liability system Introduction of elements of social insurance in BLA Reimagining the introduction of Eli in Bangladesh Eli financing and the supply chain liability’ question Why should the Eli replace the EL system?Notes Slum dwellers and forced evictions A normative analysis of the “violations approach”Judicial response to the “violations approach”The “violations approach” and the Bangladesh judiciary The “violations approach” and the adjudication of forced slum evictions Notes Voices of dissent Freedom of expression in Bangladesh Disproportionate penalty Arbitrary content restriction Notes