Md. Rizwanul Islam

North South University · Department of Law

This brief essay analyses the provisional order by the International Court of Justice (ICJ) issued on 24 May 2024 in South Africa’s application against Israel regarding the alleged violation of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) in the Gaza Strip. This essay focuses on the ambivalent scope...

Hypocrisy and selectivity are not monopolies of superpowers; all states have been privy to these vices from time to time. However, superpowers (or, more aptly, their statespersons) resort to these in the name of standing for justice; then, they become a stark mockery. This Article seeks to highlight the hypocrisy of many states regarding the terrib...

This article seeks to highlight some of the challenges that Bangladeshi academics embarking on researching and publishing international law confront. It also explores some means of addressing some of these challenges. As very few legal academics in Bangladesh may claim to be fully immersed in international legal research, it is difficult to extrapo...

The colonial past is deeply rooted in the legal culture of Bangladesh. The colonial masters' primary objective was to rule 'effectively', not to establish a democratic, egalitarian society, and hence, many of its traditions should go away. The Parliament of Bangladesh has yet to make any significant efforts to address the colonial legacy in the leg...

The line between interpreting and making the law by the judiciary is often a controversial one. While the former would, in one way or the other, often transform into the latter, reasonable minds can differ when such an exercise is indispensable or otherwise. Taking a functional approach, this chapter critically engages with the reported cases of th...

Many times, when there are competing claims to power legitimate states are not consistent in their recognition of the competing governments. Ostensibly, many states do not recognize governments, and in contentious cases, leave the determination of which competing foreign governments have a legitimate claim to represent the state open. However, in p...

Since August 2017, Bangladesh has sheltered nearly a million persecuted Rohingyas who had to flee for their life. Bangladesh’s humane gesture has rightly received accolades from many in the world. However, despite sheltering the Rohingyas and helping them with the modest means at its disposal, the government’s cautious attitude towards providing th...

In 2022, the US concluded that the crimes perpetrated on the Rohingyas in the Rakhine Province of Myanmar amount to crimes against humanity and genocide. Arguably, this is a significant development from its past restrained stance when it referred to the crimes as ethnic cleansing. As the law stands now, the ICJ does not have jurisdiction over crime...

Despite eight neighbouring Member States of the South Asian Association for Regional Cooperation (SAARC) signing the intra-regional preferential trade agreement (PTA), trade between South Asian countries is among the lowest in the world. This article analyses one aspect of the trade under the South Asian Free Trade Area (SAFTA) – anti-dumping dutie...

The international community has widely condemned Russian aggression against Ukraine. Although the condemnation is overwhelming, the actions taken to pursue justice are varied and raise grave moral questions and expose the extent of the role that selectivity plays in international law. The events in Ukraine present an opportunity to rethink this sel...

CSO Assessment Study on Legal and Political Environment for Developmental/Rural Developmental NGOs in Bangladesh: In Bangladesh, there appears to be a dearth of research on the contribution of civil society organizations (CSOs). The dearth would be evident from even the lack of systemic, reliable information on the number of CSOs operating in Bangl...

1. This letter is in response to Xiao Mao’s thought-provoking article titled “Public-Interest Litigation before the International Court of Justice: Comment on The Gambia v. Myanmar Case”. Arguably, the very title of the article implies a special reading of the judgment in that neither the majority of the Court nor even Judge ad hoc Kress delivering...

The framers of the Constitution of the People's Republic of Bangladesh have clearly demonstrated their intention to provide for an autonomous and democratically controlled cooperative societies movement for propelling the economic development of those who are directly dependent on the relevant industries. However, this article finds that cooperativ...

On July 22, 2022, the International Court of Justice (ICJ) decided, by fifteen votes to one, that it has jurisdiction under the Genocide Convention to hear the application filed by The Gambia against Myanmar in November 2019. The Gambia’s application alleges that Myanmar’s military and other security forces perpetrated genocide by systemically dest...

The global health mantra is familiar—countries can only effectively prepare for and respond to pandemics through cooperation. COVID-19 provides little evidence that state behavior has heeded this slogan. During the most severe global crisis in decades, multilateralism failed, and nationalism prevailed.

The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jur...

FET claims are brought more frequently against economically less well-off States and how the value of the claims poses a challenge to their economies. While reasonable, minds can differ as to the cause of this phenomenon, that is, whether this is due to any particular targeting of the developing economies or because investors felt that they were su...

While in the General Agreement on Tariffs and Trade (GATT) years, generally developed economies pursued preferential trade agreements (PTAs), and the states of the global South were also pursuing PTAs between and among each other. The recently concluded Bangladesh-Bhutan Preferential Trade Agreement (BBPTA) is an addition to this list. This article...

In the interconnected world in which we live today, a virulent disease anywhere in the world may spread globally very quickly. Hence, there is a critical international legal obligation on the World Health Organization (WHO) member states to notify WHO about the threat of infectious diseases occurring within their respective territories. This Articl...

The Gambia has applied for the International Court of Justice (ICJ) to hold Myanmar responsible for violating the Genocide Convention and to order Myanmar to return displaced Rohingyas to their homes. This essay argues that if Rohingyas have indeed been wronged under the Genocide Convention, an order for repatriation by the ICJ may naturally follow...

The increasing involvement of private bodies in international inter-governmental organizations is not a new phenomenon. There is a panoply of ways in which many private bodies do take part in the activities of international organizations even if their presence is not directly visible. For example, the World Trade Organization (WTO) is an internatio...

This article attempts to understand the lack of Least Developed Countries (LDC)s and small developing member states’ participation as complainants in the World Trade Organization (WTO) Dispute Settlement Body (DSB) by undertaking the case study of the only LDC initiated dispute in the DSB: India – Anti-Dumping. This article enumerates and analyzes...

The Rohingya ethnic group of Myanmar's Rakhine State have suffered systemic discrimination and violence for several decades. An overwhelming majority of Rohingya had to either flee their homes, or stay and suffer from deplorable conditions. While a majority of states have condemned the atrocities perpetrated on the Rohingya, decisive action or even...

The Gambia has applied for the International Court of Justice (ICJ) to hold Myanmar responsible for violating the Genocide Convention and to order Myanmar to return displaced Rohingyas to their homes. This essay argues that if Rohingyas have indeed been wronged under the Genocide Convention, an order for repatriation by the ICJ may naturally follow...

There are two basic problems that may resonate with those who are engaged in teaching and researching international law in developing countries: first, motivating students, and second, seamlessly accessing the requisite resources for teaching and research. This essay presents and outlines challenges and proposes some solutions to address them. This...

This Article attempts to understand the lack of Least Developed Countries (LDC)s and small developing Member States' participation as complainants in the World Trade Organization (WTO) Dispute Settlement Body (DSB) by undertaking the case study of the only LDC initiated dispute in the DSB: India-Anti-Dumping. This Article enumerates and analyzes th...

The proportionality test is not expressly referred to in the parlance of Bangladesh's constitutional jurisprudence. Rather, a somewhat equivalent word 'reasonableness' is used in Bangladesh. A review of cases demonstrates that when the restriction imposed by law would implicate socioeconomic matters, the Supreme Court of Bangladesh (SC) has shown g...

Public interest litigation (PIL), i.e., cases filed for the benefit of not of the person (either natural or legal) who approaches the court but for This has been a potent force in the hands of many public-minded individuals and NGOs for seeking redress to wrongs which may trample the rights of many who may not approach the court for one reason or t...

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 tha...

The frequent incidents of 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 sy...

Both governmental and non-governmental bodies have undertaken various projects aimed at strengthening the national justice system. However, due to the lack of coordination among the project undertaking agencies, sometimes there have been duplications in the works undertaken, some vulnerable groups have not received adequate attention and so on. Thi...

Because of their vulnerability, children have always received special attention and protection of the human rights regime as well as national legal instruments. However, children employed in domestic work are not directly covered as regards their living and working conditions by any national legal or policy instruments in force in Bangladesh. This...

The nexus between WTO's progressive trade liberalization scheme and the protection of human rights has been a matter of intense debate. The literature on the topic has not always been objective. Arguably, “Blame It on the WTO?: A Human Rights Critique” written by Sarah Joseph, is a welcome exception in this regard. The book may also be testament of...

The WTO and Trade in Services edited byHOEKMANBernard. Cheltenham: Edward Elgar, 2012. xli + 1258 pp. Hardcover: £420. - Volume 3 Issue 2 - Rizwanul ISLAM

Criminal defamation has for many years been considered an antiquated law – a dinosaur awaiting extinction. The main grounds for criticism have been the perceived lack of likelihood that defamatory comments can create a real risk of harm, and the propensity of the action to unduly suppress freedom of speech. As a consequence, the law has fallen out...

This article deals with the proposed high-profile Australia-China Free Trade Agreement (FTA). It recognizes their economic complementarities for an FTA. However, their negotiations reveal many competing interests, militating against an FTA. If political enthusiasm succeeds in concluding this FTA, it is likely to fall short of delivering the project...

Part VB, Div 2A of the Copyright Act 1968 (Cth) creates a statutory licensing scheme for the reproduction and communication of works in electronic form by educational institutions. As material downloaded from the internet becomes an increasingly significant component of the resources provided by educational institutions, it is imperative to ensure...

The proliferation of modern communication technology and the increasing ease with which information can be collected and duplicated has led to a significant increase in the incidence of the crime of identity theft. "Identity theft" refers to the use of the identity of another individual for the purpose of gaining unfair pecuniary benefits or evadin...

Although the Agreement on South Asian Free Trade Area (SAFTA) was signed in January 2004, it has not substantially contributed to the expansion of regional trade among its contracting states. This article shows how a number of bilateral preferential trade agreements (PTAs) between SAFTA parties act as formidable stumbling blocks against the expansi...

This article critically analyses the main features of the Agreement on South Asian Free Trade Area (SAFTA). As a preferential trade agreement (PTA) concluded among WTO members, the SAFTA must comply with the WTO rules on PTAs. This article finds that the SAFTA has flouted with the requirement of timely notification to the WTO. Even though the Agree...

The Telecommunications (Interception and Access) Act 1979 (Cth) allows law enforcement agencies to obtain a warrant to intercept or access telecommunications where there are reasonable grounds for suspecting activities or purposes that are prejudicial to security, or otherwise pose a threat serious enough to warrant investigation. Since its enactme...

The proliferation of modern communication technology and the increasing ease with which information can be collected and duplicated has led to a significant increase in the incidence of the crime of identity theft. "Identity theft" refers to the use of the identity of another individual for the purpose of gaining unfair pecuniary benefits or evadin...

The question whether or not international law is really 'law' has haunted legal minds for ages and has been the subject of a large volume of academic works. This recurring question and the fairness of international law have been addressed in this article building on the existing literature. This article argues that despite all its structural and fu...

Legal context The protection of databases has been a debatable issue. There is little doubt that databases are important for modern society and deserve protection from slavish copying. But to what extent and how they should be protected has been a matter of intense debate for the last few years. Key points This article discusses the protection ava...

Despite being contradictory to the World Trade Organisation's (WTO) core objective of freer trade, its rules permits execution of preferential trade agreements (PTAs) provided certain conditions are complied with. WTO mechanism to oversee compliance of these conditions on PTAs is continuously evolving from somewhat tentative approach of earlier Gen...

Preferential Trading Arrangements (PTAs) have become the order of the day. A significant portion of global cross-border trade is now being carried out on preferential terms. In a similar vein, seven of the eight member states of the South Asian Association for Regional Cooperation (SAARC) have recently concluded the South Asian Free Trade Agreement...

Counter-terrorism activities aimed at protecting telecommunications networks and systems is a central concern for law enforcing agencies across the globe. In such a context, an effective legal framework governing the interception and access of telecommunications by investigative agencies is a critical tool to prevent terrorist acts and maintain nat...

Preferential trading exchanges have been a very common phenomenon in today's world. FTAs and RTAs are growing so fast that many academics are arguing that they are creating obstacles towards WTO's multilateral trade liberalization. Although seven nations in the South Asian region have recently executed an FTA, the progress of regional cooperation i...

Scholarly literature abounds with the exposition of the role of preferential trade agreements (PTAs) in enhancing or reducing global economic welfare, specifically in the context of the WTO. However, the bulk of it is written by economists and predominantly confined to economic analysis. Economic insight is a very vital facet of the evaluation of P...