LAW ANALYSIS

LAW ANALYSIS

LAW VISION / How South Africa is challenging Israel at the ICJ: A case of obligation to prevent genocide

Most recently, South Africa has instituted proceedings in the International Court of Justice (ICJ) against Israel, accusing it of violating the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to its military operations against the Hamas in the Gaza Strip.

YEEAR-END LAW REVIEW / Looking Back at the Laws enacted in 2023

2023 was a year filled with new legislation. A total of 50 new laws were enacted by the parliament on a wide range of areas. Law making in 2023 was by and large characterised by a reform spirit (i.e., reforming old laws), devising welfare schemes, and defining new offences. Few notable ones are discussed in this piece.

NEW LAW / Analysing the Universal Pension Management Act 2023

Social safety net programmes to protect the vulnerable population are not a new concept. However, in the context of Bangladesh, the Universal Pension Management Act 2023 is quite a novel (and laudable) initiative. In this write-up, we will focus on the important aspects of the Act as well as compare it with the International Labour Organisation’s (ILO) multi-tier pension model.

Why the Arbitration Act 2001 is not exhaustive

Arbitration has emerged as the pre-eminent mode of dispute resolution in domestic and international trade. Its absence could jeopardise the

Law Analysis / The Evidence (Amendment) Bill 2022: An appraisal

On August 31, 2022, the Evidence (Amendment) Bill was introduced before the parliament. This Bill will be an Act only after completing some legislative procedures.

Law Analysis / Reviewing the New Territorial Waters and Maritime Zones Act

The new Act seeks to amend the Territorial Waters and Maritime Zones Act 1974. The provisions of the 1974 Act were not coherent with the United Nations Convention on the Law of the Sea (UNCLOS) and were proposed to be amended since the UNCLOS 1982 entered into force later.

Law Analysis / Concerns over the proposed personal data protection bill

It has come to light through print and electronic media that the Government of Bangladesh has recently prepared a draft bill on the matter of personal data protection. Some very pertinent issues regarding the bill are set out below.

Law Analysis / Why the new ‘Digital Commerce Operation Guidelines’ needs major revisions?

In response to the growing impact of digital platforms on the country’s current economic successes and the challenges, the Ministry of Commerce enacted ‘Digital Commerce Operational Guidelines’ (hereinafter the guidelines) on July 4 this year.

How far does it protect our privacy?

The Digital Security Act, 2018 (“DSA”), which came into force on October 8, 2018, was enacted to ensure digital security and to

THE NIKO ARBITRATION Lessons for Bangladesh

The domestic trial of the Niko graft allegations has been continuing for quite some years, now reaching at the apex court in Bangladesh.

Online freedom of expression under threat?

The Digital Security Act (DSA) 2018 aims to ensure digital security by punishing offences committed through digital media.

Analysing the draft Bangladesh Labour (Amendment) Act 2018

The draft of Bangladesh Labour (Amendment) Act, 2018 aims to make labour law worker-friendly while regulating the conduct of workers and owners in compliance with the standards of International Labour Organization (ILO).

New era for data protection started

The modern era of information and technology has turned our personal data into a valuable commodity. But unfortunately, the evolution of law protecting such commodity has failed to keep up with the ever-changing technologies.

Legality of bitcoin in Bangladesh

Bitcoin is a cryptocurrency invented in 2009 by a software developer allegedly named Satoshi Nakamoto with a goal to create “a new electronic cash system” that was “completely decentralised with no server or central authority.

Security cheque: a weapon of choice

In recent times, the number of dishonoured cheques has seen a significant rise.As a result, the courts in Bangladesh are inundated

Takeout(s) Ltd: Trademark infringement and/or passing off?

The question of whether Takeout Ltd (hereinafter “Takeout”) is associated with Takeout 2.0 Cafe & Restaurant Ltd (hereinafter “Takeout 2.0”) is vehemently answered in the negative.

Challenges for the existing filial laws

Bangladesh, being known as one of the most densely populated country in Asia, with its traditional socio-cultural structure and religious values has persistently fostered the family system.

Diminishing quality of law reports in Bangladesh

Studying law reports is an inseparable part of the engagement with the law. Everyone dealing with the law in any professional capacity

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