Renewable energy business: A Promising Sector in Bangladesh

Recently, the government has given the highest priority to the improvement of the energy business. In this context, the government has

Law Vision / In quest for rules to be laid down under the Arbitration Act, 2001

In many instances, an Act of Parliament includes a provision allowing the government or the relevant authority to make rules for carrying out the provisions of the concerned Act. Under an Act of Parliament, the rules are framed as directives and/or instructions for the users of the legislation in question. If rules are framed as such, more clarity is brought about and confusion about many provisions of the relevant statute gets dispelled. It also helps to carry out the purpose of the legislation in line with the intention of the legislature. 

Law Vision / Inability to repatriate export proceeds and legal remedies for exporters

In Bangladesh, most of the exporters have to rely on bank loan for procuring the raw materials essential for the production of the goods/articles to be exported.

Law Vision / Intellectual Property regime in the age of Artificial Intelligence

Artificial intelligence (AI) generated contents have been posing formidable challenges to the existing Intellectual Property (IP) regime.

Institutional barriers in accessing civil justice system

Goal 16 of the SDGs pledges ‘ensuring access to justice for all’ as a target to be achieved. The term ‘all’ signifies everyone irrespective of their race, sex, color, language, religion, wealth, etc. In this article, I will not take a holistic approach to access to justice, but attempt to explore the likely institutional barriers that cause obstacles for the poverty ridden people in starting judicial proceedings before any civil court.

Some traffic laws & scant regard for the mass

In the current era of indirect democracy, it is accepted that the laws and policies would be made, not by the people themselves but by their representatives.

Digital payment system to boost up the operation of virtual courts

The Covid-19 crisis has tremendously increased the use of internet and accelerated the digitalisation of many businesses and services through introducing teleworking and video conferencing in different sectors.

COVID-19 and Default of Commercial Loans: Looking Ahead

The time we are living in is unprecedented, to say the least. While claims relating to health, social and political unrest are undeniable, the

COVID-19 and force majeure: A Bangladeshi perspective

The outbreak of COVID-19 in Wuhan, China was first reported to the World Health Organisation (WHO) Country Office in China, on 31 December 2019.

Membership in international sporting bodies and statehood

In the case of Reference re Secession of Quebec, the Supreme Court of Canada observes that “the viability of a would-be state in the international community depends, as a practical matter, upon recognition by other states”.

Absence of adequate legal framework for e-cheques

The electronic form of cheques (e-cheques) and the system of cheque truncation are prevalent in most of the countries in the world. E-cheques and the system of cheque truncation have been introduced to reduce the physical movement of cheques and ensure safe and secure payments.

On the settlement of land disputes in the CHT

Land crisis is arguably the main problem in the Chittagong Hill Tracts (CHTs) centering which many other problems have arisen over the years. From time immemorial, the CHT inhabitants have been complying with their traditional collective ownership principle coupled with customary rules and regulations for land management.

Shifting the paradigm of loan defaulter's liability

This is a crucial time in Bangladesh to find out the ways to reduce the default loan in the banking system, in a scenario where the amount of default loan is above 99 thousand crore taka only in 2018. All the stakeholders including the new Government of Bangladesh are searching ways to reduce this default loan. In this writing, I am trying to find out the way of reducing default loans through shifting the paradigm of liability of the defaulter from civil to criminal liability.

STRINGENT RECOVERY SYSTEM

Media reports sometimes claim that the law for recovery of non-performing loans (NPL) as crafted in the principal law in force in this regard, the Money Loan Court Act, 2003 (MLCA) is too soft towards the borrowers.

Scoping a better strategy for Rohingya litigation

On 4 October 2018, a bench comprising Chief Justice of India Ranjan Gogoi and Justices S.K. Kaul and K.M. Joseph dismissed an application to restrain the Government from taking steps to deport to Myanmar seven Rohingya refugees jailed in Assam.

ICC and Myanmar: Impunity ended or extended?

The recent decision of the International Criminal Court's Pre-Trial Chamber recognising the Court's jurisdiction over Myanmar's alleged crimes against humanity has been hailed as breaking new ground in the Rohingya crisis and in the pursuit of international criminal justice more broadly.