Law Vision | The Daily Star

  • 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.

  • 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.

  • Sexual offences against women: looking beyond the statutes

    The society of Bangladesh has been particularly unsafe for women because of the rising rate of crimes against women in all spheres. According to Ain o Salish Kendro, 128 women were raped, 12 were killed after being raped, 26 were attempted to be raped and 2

  • The legality of artificial intelligence weapons

    There is no legal definition regarding artificial intelligence (AI) weapons, no treaties and national legislation define such autonomous weapons system (AWS). In 2013 the US Department of Defense’s (DoD) defined AWS which is the most cited definition till date. The

  • Non-compete clause: Can employer impose restraint upon former employees?

    Usually, employers use the post-employment restraint clauses or non-compete clauses to defend their business interests after an employee departs their company. Non-compete clause is notably added in the employment contract seeking to refrain an employee to

  • Time to adopt intellectual property policy for universities

    Bangladesh has continuously been ranking in poor position at global and regional innovations index. Despite the noticeable progress in many areas, including ICT sectors, the scenario of innovations and creativity remain dissatisfactory. What factors are possibly

  • Understanding Bangladesh’s stand in global climate change battle

    If human species somehow manage to survive the apocalyptic disaster of climate change, the Paris Agreement 2015 would be remembered as a remarkable achievement in the history of civilisation.

  • 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.

  • The role of civil justice in achieving SDGs

    Sustainable Development Goals (SDGs) came into force by a historic UN Summit with a view to mobilising efforts to end all forms of poverty, inequalities and tackle climate change, while ensuring that no one is left behind.

  • Reflection on ICTBD

    THE TRIAL OF 1971 GENOCIDE: Reflection on ICTBD

    Yesterday marked the 3rd National Genocide Day of Bangladesh. On 25 March 1971 late night, the Pakistan Occupation Army started

  • 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.

  • Assessing compensation in road accident cases

    In Bangladesh, everyday serious accidents occur due to rough, speedy and reckless driving of bus and truck drivers.

  • European General Data Protection Regulation

    The European Union (EU) has adopted the unified law General Data Protection Regulation (GDPR) for all EU member states to ensure protection of personal data or information of an individual within the EU. By repealing the previous Data Protection Directive of 1995, the GDPR came into force on 25 May 2018 with the aim to take the data protection issues to a different level as it has introduced stricter regulatory obligations, wider territorial scope and hefty fine for non-compliance.

  • Independent directors and good corporate governance

    The appointment of independent directors is essential for listed companies in order to ensure good corporate governance. One of the main reasons behind appointing independent directors is to ensure objectivity so that they can evaluate the performance and wellbeing of a company without having any conflict of interest or undue influence.

  • Can Artificial Intelligence claim IP-ownership?

    Today we use many services or products even without noticing that these are Artificial Intelligence (AI) generated, as for example, auto pilot system in airplanes, spam filters in emails, plagiarism checker softwares, etc.

  • WOMEN'S RIGHT TO POST-DIVORCE matrimonial compensation

    We all are aware of the fact that our society has a prescribed set of stereotyped gender roles to the effect that men are the bread-

  • Sand

    Amend the law to stop excessive sand mining

    Sand is an important natural resource of our country. Proper use of sand after extraction from the quarry can contribute to economic growth and help in reducing poverty as it can create the employment opportunity to some extent.

  • Enforcement of contract in Bangladesh

    Enforcement of Contract' is a very important regime of the Ease of Doing Business Ranking of the World Bank held every year. In 2018,

  • PLATFORM FOR TORT LAW

    Threatening and causing of physical injury, incidents of medical negligence, malpractice by lawyers, defamation by libel or slander,

  • Laws governing us in the outer space

    Considering the recently heard-of luxury trips to the moon by business tycoons, and with the earth looking forward to send manned

  • POST WAR JUSTICE INITIATIVE

    In 2010, the government resumed the post war justice out of a commitment to end the culture of denial and impunity. It was assumed that - many (if not all) of the perpetrators - will be brought to justice.

  • 'Judicial divorce' as exit

    Present Muslim divorce Laws in Bangladesh allow husbands to pronounce divorce unilaterally. The only restriction imposed on this unilateral exercise of power is to serve notice to the wife according to section 7 of the Muslim Family Laws Ordinance

  • 7TH MARCH SPEECH and Preamble of our Constitution

    The historic speech of the father of the nation, Bangabandhu Sheikh Mujibur Rahman on the 7th March, 1971 was

  • From Transition to Transformation

    Choices of transitional justice mechanisms have to be sensitive to the practical limits of justice in a society transitioning from military

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