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Bangladesh and International Law

I General International Law IssuesGlimpses of international law discourseRepresentation and participation of Bangladesh in international law regimesTeaching, scholarship, and the promotion of international lawNotesFramework of engagement with international lawJudicial invocation of international lawInternational law in domestic courtsCustomary international lawTreatyGeneral principles of international lawSoft lawsNotesInvolvements in international courts and tribunalsInternational Centre for Settlement of Investment Disputes (ICSID)Chevron Bangladesh Blocks Twelve, Thirteen and Fourteen Ltd. v. BangladeshScimitar Exploration Ltd. v. Republic of Bangladesh and Bangladesh Oil, Gas and Mineral CorporationSaipem S. P. A. v. The People’s Republic of BangladeshNiko 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 IndiaCase concerning Accord on Fire and Building Safety’ in BangladeshInternational Court of Justice (ICJ)International Criminal Court (ICC)Bangladesh in the WTO Dispute Settlement Board (DSB)NotesII SourcesCustomary international lawCritique of the concept of CILJudicial approaches to the application of CIL in BangladeshNotesThe law of treaties and treaty reservationsStatus of international treaties in BangladeshTreaty reservations and the compatibility testBangladesh practice regarding treaty reservationsThe politics of treaty reservationNotesIII StatehoodTerritory, people, and self-determinationTitle to territoryEast Pakistan as a non-self-governing territoryIdentifying the people: The territorial agentWhat’s in recognition? Not a lot apparentlyNotesCitizenship and statelessnessIssues concerning statelessness in law and practiceThe citizenship question of the Biharis in BangladeshLegal uncertainty over the citizenship of BiharisNotesNatural resourcesBangladesh and sovereignty’ over natural resourcesLegacy of the colonial state and growing PSNR (1947-1971)Constitutionalisation of PSNR in BangladeshTrade liberalisation and PSNRExtraction of natural resources in Bangladesh by MNCsPSNR and competing prioritiesRights of indigenous peoples over natural resourcesPSNR in rivers and the seaNotesInternational watercourse lawCrystallisation of customary rulesEnvironmental focus in the international watercourse regimeThe global opening of the 1992 ConventionThe 2004 Berlin RulesHuman rights dimensionsBangladesh and international watercourse lawLimited application of the equitable principle in the 1996 TreatyThe 1996 Treaty in the light of the 1997 ConventionNotesMarine resources and the blue economySignificance of the blue economy for BangladeshInternational law and the blue economyThe national legal framework on the blue economyChallenges in the blue economy sector and ways to overcome themNotesIV International Environment LawInternational environmental lawGenesis of the international environmental lawEmerging principles of international environmental lawResponsibility for transboundary harmThe precautionary’ principleThe polluter pays principleThe principle of common but differentiated responsibilityThe principle of sustainable developmentEnvironmental law principles and the domestic legal frameworkApplication of the no harm principleApplication of the precautionary’ principleApplication of polluter pays principleApplication of the sustainable development principleApplication of intergenerational equity’ principleThe judiciary and the implementation of environmental lawNotesClimate change and human mobilityHuman rights implications of climate-related human mobilityInternational legal framework for the protection of climate-related human mobilityNational legal framework dealing with climate-related mobilityNotesSustainable developmentSustainable development as a development packageSustainable development framework and BangladeshThe legal framework of SD in BangladeshInstitutional framework for SD in BangladeshJudicial interpretation of SDPrevention of pollutionProtection and conservation of wetlands, rivers, and biodiversityRecognition of environmental impact assessment (EIA) for development projectsProtection and administration of rural and urban planningLabour welfare and compensation for losses inflicted by development projectsProspective critical environmental issues and judicial interpretationNotesV International Economic LawIntellectual property rights and other trade and development challengesEconomic performance and export-orientated industriesNon-tariff barriers to sustainable trade: Bangladesh and the SPS AgreementDevising an efficient trade framework: Bangladesh and trade facilitationRenewed impetus for global trade facilitationImplementation of trade facilitation policy in BangladeshReform measures to promote sustainable tradeStronger IP framework to promote sustainable tradeBuilding a framework for SPS complianceGreater trade facilitation and trade linkagesNotesLDC graduation and WTO challengesExisting LDC-specific WTO flexibilities for BangladeshProjected impact of graduation onBangladesh under WTO rulesChallenges in shorter implementation periods and the waiversLosing DFQF market accessChallenges relating to GSP and GSP+Other challengesPost-graduation smooth transition strategy for BangladeshNotesInternational investment agreementsRegulatory freedom in IIAsBangladesh as host stateNotesVI International Criminal LawInternational criminal law: historical perspectivesBangladesh and ICL in the pre-independence periodBangladesh’s efforts to prosecute the 1971 crimesBangladesh’s contribution to international criminal justiceNotesSubstantive law of the international crimes tribunal (Bangladesh)Legislative history of the ICT ActThe ICT Act: a special law for special crimes trialsInternational legal basis and status of the ICT ActThe ICT Act: a conduit to internalise international criminal lawNotesCrimes against humanity and the principle of legalityThe principle of legality: theoretical and historical perspectivesCrimes against humanity and the principle of legality in the ICT ActTracing the evolution of crimes against humanityCrimes against Humanity in the ICT Act and its Interpretation by the ICTs and the Supreme Court of BangladeshNotesVII The State and Its OthersWomen and a national imaginaryWomen and secularism: early phase of nation-building during 1971-1974Islam as an ideological construct in Bangladesh and CEDAWRevisiting the reservations: reading against the grainThe loose endsConstitutional guarantee of sex equality and the normative inconsistencyThe monolithic edifice of “personal laws”NotesRohingya refugeesBangladesh and the international legal regime on refugeesDomestic laws and mechanismsThe ConstitutionThe Foreigners Act 1946Procedure of providing shelter to refugeesLocal integration of refugeesProposed comprehensive domestic law on refugeesNotesReligious minoritiesComplexities around minority protection under international lawMinority rights under the Constitution of BangladeshRight to propertyFreedom of religionRight to educationRight to enjoy culture and cultural identityNational mechanisms of protection and their effectivenessNotesIndigenous peoples and ethnic minoritiesEthnic minorities and indigenous peoples under international lawEconomic development and the marginalisation of the CHT hill peopleNotesReadymade garment workers and inchoate compensation rightsStandardising social insurance: ILO Conventions 102 and 121The Bangladesh contextEmployer liability systemIntroduction of elements of social insurance in BLAReimagining the introduction of Eli in BangladeshEli financing and the supply chain liability’ questionWhy should the Eli replace the EL system?NotesSlum dwellers and forced evictionsA normative analysis of the “violations approach”Judicial response to the “violations approach”The “violations approach” and the Bangladesh judiciaryThe “violations approach” and the adjudication of forced slum evictionsNotesVoices of dissentFreedom of expression in BangladeshDisproportionate penaltyArbitrary content restrictionNotes

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