The paper also analyzes the failure of existing legal education to appreciate the complex or hybrid nature of the legal system of Bangladesh. The following discussion shows that each previous period contributed to the present plurality of the legal system which.
Legal system in the Muslim period
In Islamic law, the Sunnah, the message of the Prophet's advice, is generally regarded as the most reliable source after the Qur'an. 48 Because the Prophet had to balance situational justice with fidelity to divinely revealed rules, the Sunnah inevitably involves some human intervention. Coulson suggested that the authentic core of the Prophet's sayings gradually "became covered by a mass of fabricated material".51 The Sunna or Hadith is considered the second authentic source of Islamic law.52 According to Mulla,.
The law in the British period
Hindu law gradually became a more important topic under British rule in India, perhaps because most Indians were Hindu. But British efforts, through Sanskrit learning, to transform the textual sources of Hindu law into a functioning legal system were soon abandoned.82 In British India, Hindu law gradually developed under the guidance of common law and equity, occasionally amended by statute, from 1920 known as as "Anglo-Hindu Law".83 It is therefore often argued that British methods hindered the natural growth of indigenous systems in India.84 Several laws were passed for Christians as well.
The Pakistani period
Bangladesh after 1971: socialist nature of the constitution
92 International Commission of Jurists, The Events in East Pakistan, 1971: A Legal Study by the Secretariat of the International Commission of Jurists (International Commission of Jurists 1972) 9-12. This aspect of the vision of Bangladesh is not directly relevant to a deeper study of the reconstruction and reform of the country's legal system.
The post-1975 polarised trend (or proliferation) of Islamic extremism On becoming a sovereign independent nation by seceding from Pakistan in 1971,
Clearly, this was a significant shift towards a strong commitment to Islamic legal postulates and an implicit rejection of secular legal approaches, whether one takes them as anti-religious or reflective of the principle of the state's equality with all religions. General Ershad made Islam the state religion with the eighth amendment to the Constitution in 1988.
Fifteenth amendment of the constitution: back to secularism?
110 On 28 March 2016, the High Court Division of the Supreme Court of Bangladesh dismissed a petition to remove the "Islam as the state religion" provision. The Times of India (28 March 2016)
Bangladeshi legal education and ‘ textbook knowledge ’ : implication in the Bangladeshi legal system
Legal education must be taken beyond the four walls; it must be made practical and tailored to the problems of the people and society. That the legal education system needs a major overhaul is indisputable, but this is not the main focus of this article.
Bangladeshi legal pluralism
Therefore, in practice, it has proven to be unable to swim in the vast ocean of practical lives and legal complexities.122. It is still necessary to check to what extent other changes are incorporated in the process of translating various concepts.
Concluding remarks
After all, as a former chief justice of the country with a track record in the field of decisions aimed at Islam, the then chairman was primarily concerned with protecting Islamic law against state intervention in the form of modernizing reforms.134 The international law and human rights have played and continue to play an inevitable role in designing/redesigning the Constitution and other laws of the country.
Exploring the Impacts of Defining Rape as Non- consensual Sexual Intercourse: The Need to Redefine
- Introduction
- Defining rape as non-consensual sex
- The legal requirements of rape defined as non-consensual sex
- Sexual intercourse by a man with a woman
- Non-consensual sexual intercourse
- Resistance by the victim
- Conceptualizing ‘consensual sexual intercourse’
- Impacts of defining rape as non-consensual sexual intercourse
- Difficulty to prove lack of consent beyond reasonable doubt
- Diverting the attention of the courts
- Converting the offence of rape into non-punishable sex
- Ignoring criminal intent as a necessary element of crime
- Complexity in existence of relationship between the victim and the perpetrator
- Complication in determining the reasonableness of belief about consent to sex In most countries, the rape law permits the accused of rape to raise defence
- Possibility of making the powerless women subject to sexual exploitation Many women may give consent to sex due to economic, psychological, and social
- Probability of humiliating the victims
- Requiring careful investigation
- Other negative impacts of the definition
- Re-thinking rape as non-consensual sexual intercourse
- The necessity to redefine the offence of rape
- Conclusion
This definition of rape does not simultaneously include the requirements of non-consent and non-willingness of the victim. Therefore, in order to find a suspect guilty of rape, the prosecutor must prove that the suspect had sexual intercourse without the complainant's consent. Thus, as the relationship between the suspect and the victim becomes closer, there is a greater tendency for the courts to do so.
MacKinnon, Toward a Feminist Theory of the State (Eerste Harvard University Press sagtebanduitgawe, Harvard University Press 1991) 245.
State Control versus Individual or Common Property Rights: The Most Sustainable and Efficient Use of the
Natural Resources in Context Bonosree Rani *
State control over natural resources
And the state is supposed to explore and exploit natural resources for the greatest prosperity of people and country. Thereby, domestic economic interests are well served by the state's eminent power over national natural resources. However, the issue of the sustainable use of natural resources by states becomes an important issue, especially in the case of resources that do not fall under national sovereignty, rather under the "common concern of humanity" or the "common heritage of humanity" or "shared resources" such as open sea, biodiversity, streams, migratory species, etc.
It is contested that the state's preeminent power over natural resources prevents people from gaining access to the resources, specifically land-based access.
Individual property rights
Consequently, this right causes more or less environmental degradation in some ways and hinders the sustainable use of resources. Therefore, in 2002, the UN committee, which recognizes water as a public good, a limited natural resource and also a human right, requires the state parties to protect water.34 And many countries have already done so. While privatization or corporatization of water or any finite resource may prove effective in some respects, such as strong and efficient governance, it can neither guarantee to remove all the constraints of state control nor ensure its sustainable use.
The significance of recognizing water as a universal necessity to ensure its sustainable use can be understood from Hiskes' lecture, in which he showed how even a golf course (which uses a huge amount of water) of a specific country has the right to can affect the water of other residents. in other parts of the world.44.
Common property rights
Rather, he described the common tragedy in the sense of 'open access', which results in inefficient overuse of and suboptimal investment in the resource.51 Hardin rightly exemplified the world's oceans, which continue to suffer from the philosophy of survival. of the public,52 because every state has open access to the seas. How open access to a common property recklessly exploits natural resources and causes environmental damage can be easily understood from the current state of Mount Everest. 53 National Geographic Society, 'Trash and Overcrowding at the Top of the World' National Geographic Society (US 1 October 2019)
For example, the idea of community-based natural resource management (CBNRM) failed to ensure community participation and became more like other neoliberal market-based solutions that strengthened the interests of the state, even though CBNRM was developed to promote relations between different stakeholders.57 Also in India, the Water User Association ( WUA) was formed for sustainable water management under the principle of participatory irrigation management through representation of marginalized people at the management level.58 However, after few years it was revealed that WUA seriously failed to fulfill its main objective of engaging community in policy making for sustainable water use , because they were kept grossly underrepresented in the highest position.59.
Conclusion
It is therefore required to expand the refugee convention's scope to recognize climate refugees. This research focuses on the essence of the definition of refugees under the Refugee Convention. It also assesses the merits of the demand to reform the Convention to include climate refugees under its mandate.
This article aims to emphasize that the definition of a refugee under the Refugee Convention is outdated to recognize climate refugees in particular.
Refugees and climate refugees: setting the scene
The first section sets the scene in relation to the definition of refugees and climate refugees. It is worth noting that the term 'climate refugees' is much debated and there are quite a few other names to identify these people. Given that there is a divergence in terms of nomenclature as well as definition regarding people displaced by adverse effects of climate change, this study prefers "climate refugees" to denote climate change displaced persons.
To summarize, there are several essences of the definition of refugee under the Refugee Convention and conversely, there is a divergence regarding the nomenclature of climate refugees.
Antiquated definition of refugees: analysing requirements
- Crossing international border and inability or unwillingness to return The key element to be considered a refugee is crossing an international border. It
- Well-founded fear of persecution and the causal nexus
In addition to crossing the border of the country of nationality, the definition also requires a determination that the person is 'unable' or 'unwilling'. Regarding the claim that the existing definition of persecution is sufficient to address the vulnerabilities of today's world, Marshal asserts that. In summary, given the traditional meaning of persecution and the object and purpose of the Convention, it is difficult to extend persecution further.
Amending the Refugee Convention to Recognize Climate Refugees Although the conventional definition of a refugee is outdated to address.
Turning to the third challenge for reform of the Refugee Convention, the issue of recognizing climate refugees is apparently different from that of political refugees. The study states that although the Protocol has removed the geographical and temporal limitations of the Convention, the definition of refugee as set out in the Convention is outdated. However, this attempt fails because it is not supported by the objective of the Treaty.
As such, further study is suggested to define or propose an appropriate mechanism to overcome the climate refugee recognition crisis at the international level.
Necessity of Inserting Climate Change Clause in the Transboundary Water Agreements of South Asia
- General principles of international law governing transboundary water agreements
- Impact of climate change on shared water resources
- Institutional mechanisms fail to adapt the impact of climate change on the transboundary water agreements of South Asia
- Joint river management procedure
- Dispute resolution procedure in the TWAs of South Asia
- Amendment procedure of the TWAs of South Asia to include better provisions to mitigate the impact of climate change
- Necessity to include flexible mechanisms or climate change clause in the transboundary water agreements of South Asia
- Water allocation mechanism in the TWAs of South Asia
- Extreme drought and flood control mechanism in the TWAs of South Asia Vulnerability increases due to constant water variability and scarcity. The
- Protecting environmental ecosystem
- Concluding remarks
The third section provides an outline of the impacts of climate change on SWRs of South Asia. Two types of mechanisms prevail in the TWAs of South Asia to adapt to the impacts of climate change; that is, it should be included in the climate change clause of the TWAs of South Asia.
Existing provisions in TWAs in South Asia are insufficient to mitigate the impact of climate change.
Unaccompanied Asylum Seeking Children (UASC) in the UK: Protecting their Best Interests in the Controlled
Unaccompanied asylum-seeking children (UASC) in the UK: Protecting their best interests in the controlled.
Migration Regime Shuvra Chowdhury *
- The best interest principle and unaccompanied asylum seeking children
- Hostile environment policy
- Difficulties in the Asylum Process
- Protective framework of law
- Exclusion from the care leaver support
- Risks in the private foster care 61
- Recommendation
- Conclusion
Therefore, long delays in the litigation process cause disadvantage for the asylum claims of the UASC. To protect the best interests of the UASC in the prevailing hostile environment, a number of initiatives must be taken to improve their conditions. Firstly, comprehensive guidance can be issued to maintain the wellbeing of the UASC during their stay in the UK.
The responsibility of providing funding to local authorities should be in the hands of the Department of Education for the care of UASC.
