Dhaka University Law Journal

The Interface between Human Rights and Terrorism: Towards Achieving an Effective Counter-Terrorism Regime

Asma Bint Shafiq — 2024-04-23

Terrorism has become an emerging challenge to human rights protections today. Although terrorism has been present throughout modern history, international concern against it has become more visible since September 11, 2001. The international community has adopted various instruments on counterterrorism, provisions of which have been incorporated into the domestic laws of different countries. These instruments representing the current counterterrorism regime prioritise national security over other issues including human rights. Therefore, while employing counterterrorism measures states often tend to promote their security at the expense of the lives, liberties, and properties of civilians. To protect the human rights of innocent people against such actions it is crucial to adopt an effective counterterrorism regime. This article explores how states could establish such a regime. It suggests that the proposed regime should be based on the human rights framework. The principles of necessity and proportionality will provide a useful guideline in this respect.

Dhaka University Law Journal, Vol. 34(2), 2024 P. 1-23

A Study on the Performance of the Competition Commission and Competition Law in Bangladesh: Qualitative Content Analysis of the ‘Other Opinion’

Arif Jamil — 2024-04-23

The researchers conducted a series of Key Informant Interviews among expert respondents having good experience in competition law and the Competition Commission of Bangladesh. After conducting a qualitative content analysis, the data of the first-of-its-kind study were later presented for research publications. While the questionnaire comprised of fixed questions was subject to publication in different journals, the data analysis results of ‘other opinion’ were chosen for this article. The respondents brought forward various issues our fixed questions did not address. Findings and recommendations were heavily drawn from the outcome of the qualitative data analysis of the ‘other opinion’. The authors also provided a legal background to co-relate the issues of ‘competition’ with the legitimate or illicit practice of ‘anticompetitive market behavior’.

Dhaka University Law Journal, 2023, 34 (2), 25-41

Justifying Limitations on Freedom of Expression for Contempt of Religion

Moha Waheduzzaman — 2024-04-23

In the recent past, there have been the cases of making abusive remarks against Prophet Muhammad, drawing cartoons of him, and burning the Holy Quran in public. These incidents no doubt outrage the religious feelings of people belonging to the religion of Islam. Besides this, they also contribute to violence and riot and the consequential deaths of people around the world. There are, however, literatures which seek to justify these conducts having a very liberal and extended view of the right to freedom of expression. They argue as if there should not be any limitation on freedom of expression so far that relates to contempt of any religion. I argue that freedom of expression howsoever valuable that might be, is a qualified as opposed to an unqualified human right. Hence, its exercise cannot extend to making abusive remarks against religious personages or defiling or burning the Holy Book(s) of any religion. If it is acknowledged by all including the relevant stakeholders of the United Nations, this might help reducing the chances of human casualties and deaths of people caused by alleged blasphemous conducts with respect to any religion. Foreseeing this significance, I aim to revisit the justification and limits of freedom of expression in the backdrop of contempt of religion.

Dhaka University Law Journal, 2023, 34 (2), 43-65

Procedural Deficiencies in Administrative Tribunals of Bangladesh: Exploring Alternative Tactics

Sharmin Aktar — 2024-04-23

The present article demonstrates that a troublesome reality is now being faced by Administrative Tribunals, leaving a room highlighting problems that have been unaddressed since its inception. It is found that the jurisprudential concept of locus standi, so far as Administrative Tribunals are concerned, is not wide and comprehensive, even then it need not be extended due to its short domain of jurisdiction as to subject matter. Furthermore, there is no scope to condone the delay according to relevant provisions. In addition, the Act of 1980 does not mysteriously fix a period for the restoration of a case or setting aside an ex parte order. Whereas most of the litigations in Tribunals concern a lack of procedural fairness in departmental proceedings, therein the principle of ‘Natural Justice’ is not recognized. These lapses seriously endangered the future of this justice system but neither the legislature nor the judiciary has so far taken any serious step to check these realities. Therefore, scattered procedural complexities have been accommodated in this article based on the Act of 1980 as well as the Rules of 1982; and cases and interviewing have been used as the point of reference, but at the same time earnest effort has been spent for finding out solutions, guided by expediency and tradition.

Dhaka University Law Journal, 2023, 34 (2), 67-95

Striking a Balance: Navigating Privileges, Immunities, and Accountability in International Organizations

Jahid Al Mamun — 2024-04-23

This paper delves into the nuanced landscape of Privileges and Immunities (P&Is) granted to international organizations (IOs) and the contentious issue of denial of justice. Critically analyzing this aspect, the paper justifies the criticism by dissecting key international instruments that aim to balance protection and accountability. It examines the limitations of IO immunity, the concept of waiver, administration of justice, cooperation with member states, and provisions to prevent justice abuse. The debate over determining the functional nature of IO acts is explored, considering the dangers of empowering member states and national courts. The paper concludes by suggesting a recalibration of the current system to strike a more equitable balance.

Dhaka University Law Journal, 2023, 34 (2), 97-113

Collaborative Constitutionalism and Courts as Partners in the Joint Enterprise of Governing

Masrur Salekin — 2024-04-23

Although the doctrine of separation of powers has significantly influenced the development of constitutional doctrine in many countries, an acknowledgment of the myriad limitations of the theory allows reevaluating the traditional approach to view institutional governance. This article explores collaborative constitutionalism which sees the state organs not as solitary entities confined to one single function rather as constituent parts of a joint enterprise where each of the organs has its own role to play and they work together. Based on judicial decisions by the courts of Bangladesh, India, and Ireland, three forms of collaboration have been identified where the courts have acted as partners in the joint enterprise of governing with other organs. It has been demonstrated that adopting a collaborative approach allows the courts to perform a proactive and meaningful supervisory role vis-à-vis the other organs of the state to ensure the rule of law.

Dhaka University Law Journal, 2023, 34 (2), 115-131

Effects of Globalization on Labor Standards and Working Conditions

Alex Iloba Uwadinma — 2024-04-23

The effects of globalization on labor standards and working conditions have been widely debated, with some arguing that globalization has improved labor standards and working conditions while others claim it has led to a deterioration of such standards. This paper aims to explore the effects of globalization on labor standards and working conditions. The study will examine the impact of globalization on the labor market, focusing on changes in labor laws and regulations, worker rights, and wages. The research will also investigate the impact of globalization on working conditions, including workplace safety and health, and the quality of jobs. Furthermore, the study will explore the role of multinational corporations in shaping labor standards and working conditions in different countries. The findings of this research will provide insights into the impact of globalization on labor standards and working conditions and will contribute to the ongoing debate on the implications of globalization for the labor market.

Dhaka University Law Journal, 2023, 34 (2), 133-151