Faculty of Law

'Bangalii' is the major ethnic community in Bangladesh. But there are are many other ethnic minority living in territory of Bangladesh. unfortunately those ethnicity yet to be recognised under constitution of Bangladesh. By the name of 'Bangali nationalism' which was the core spirit behind the liberation movement of Bangladesh, identity of ethnic minority is suppressed in constitutional frame work of Bangladesh. due to constitutional discrimination , Bangladesh has witnessed two decades long armed conflict in southern part of the country. There still exists tension among the ethnic minority of Bangladesh which the one the most fundamental obstacles to build up a nation state. this article has argued to recognise the ethnic minority of Bangladesh to pave the way of building a nation state.

Abstract This paper examines the TRIPS Agreement as it applies to Bangladesh in the context of pharmaceutical patents. An important aspect of the Agreement is ensuring that the regulatory agencies are ready and able to apply and interpret the new intellectual property regime that will be required by TRIPS.

Abstract: The impact of climate change has emerged as a major threat to sustainable development and poverty reduction efforts in many less developed countries, in particular in the least developed countries (LDCs) such as the countries in the African region and Small Island States. New technologies are necessary for the stabilization and reduction of atmospheric greenhouse gases and to enhance the capacity of poor countries to respond to shifts in resource endowments that are expected to accompany climate change.

This Article analyzes the globalizing standard of patent protection as adopted under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) and possible options for the Least Developed Countries (LDCs)1 such as Bangladesh against the experiences of Brazil, India, and South Africa with special reference to pharmaceutical patent issues.

So far 20 UN peacekeeping missions have already been working in different parts of the world since its first launch in 1956 as a result of the Suez crisis. These UN peace operations have succeeded to save the world from another third world war. The peacekeepers have been busy with the duty of peacekeeping, peacemaking and peacebuilding from its inauguration to this modern 21st century. As the nature of the conflicts is changing, the peacekeepers have been undertaking different activities like the prevention of conflict, assisting in political process, reforming, restructuring, training and strengthening institutions, electoral assistance, assisting in human rights and judicial mechanism, humanitarian assistance etc. Despite of some problems, the UN peacekeeping operations have achieved enormous success to the peaceful coexistence among and within the nations which was the primary objective of the United Nations itself. A successful coordination between the various factors within and outside the United Nations is necessary for their better performance.

Consumer protection through legislative intervention is considered to be the most effective way to ensure the rights of the consumers. The Consumer Rights Protection Act of 2009 was enacted in Bangladesh in order to safeguard the rights of the consumers mainly from hazardous goods and services. Some provisions of reparation by means of compensation, product refunding etc. were inserted here as a part of civil redress process apart from criminal prosecution against the offenders. However, it is a matter of great regret that this unique legislation had been ineffective from the very starting point of its execution in 2009 due to some inherent problems. Problems like bureaucratic constitution and power of National Consumer Rights Protection Council, exclusionary provisions for the consumers' direct access to the court to seek remedy, excessive power of the consumer directorate, limited scope in addressing service sector, absence of legal experts in executing bodies and council, non representation of core consumers from grass root level, shortage of funds of the consumer awareness and advocacy etc. have forcefully made this core consumer protection legislation to remain obsolete till today. This article aims to find out the loopholes of the Consumer Rights Protection Act, 2009 in Bangladesh and to give proper suggestions thereof resorting to comparative analysis especially with India and previous drafts on consumer protection available in Bangladesh.

Ensuring food safety through legislative and institutional framework is considered now a vital fast of the state. The government of Bangladesh had also been trying since the independence of this country to regulate the food safety management under proper legislative and institutional interventions. In recent advancements, the food Safety Act of 2013 (FSA2013) in Bangladesh ass enacted for the maintenance of food safety in various meets through monitoring, coordination, testing, investigation and adjudication. However, some inherent loopholes remain inside and such lacunas should be addressed properly within a short period of time to get maximum compliance of food safety management system envisioned under the FSA2013. Problems like bureaucratic dominance in the structure and functioning of the institutions, shortage of manpower and fund, time consuming dispute settlement system, non-inclusion of contemporary factors in find business and food safety, absence of adequate rules for proper coordination etc. may thwart the expected goals to be achieved under this Act. This article is an attempt to and out the loopholes inside the FSA2013 with possible suggestions thereof for the elective, actual and sustainable implementation of the said Act resorting to contemporary problems in various sectors regarding food safety management system in Bangladesh.

Consumers play and important role in the economic chain absorbing the supplies of goods, foods, medicine, service etc. from the suppliers. In this welfare State mechanism, almost all the countries of the world had already enacted legislations for the protection of consumers. Consumer protection includes inter alia, protection relating to the rights of the consumers, food and drugs safety issues, service-related matters. In Bangladesh, we have separate laws and separate adjudication frameworks for consumer protection, food safety and Drugs. It is to be mentioned here that not all of the legislations relating to the matters mentioned above are not in execution in the fullest sense. Separate mechanisms, overriding and concurrent jurisdictions, access to justice mechanism etc, vary in those legislations indicating imbalances and inconsistencies within same subject matters. Hence, we are in need indeed of a combined and unified adjudication framework regarding consumer protection, food safety and drugs in Bangladesh. This article focuses on the need for such unified framework after finding out the loopholes in the frameworks in current legislations thereto. This article also tends to provide a suitable model of such framework.

Bangladesh enacted the Competition Act in 2012 to ensure consumers' access to goods and services at a reasonable cost and affordable means providing that the producers in the market do not abuse their market power. It is hoped that the law will improve production and pricing efficiency, benefiting both consumers and producers. As the main regulative body under the said Act, the Bangladesh Competition Commission has been established in 2016 to deal with the implementation and adjudication under the Act. However, implementation and execution of competition laws have always been major challenges for Bangladesh and questions remain regarding how effective this law will actually prove to be. Several issues like ambiguous provisions, institutional capacity, power and role of the Bangladesh Competition Commission etc. put stress on the successful implementation of competition regime in this country. This article aims at the effectiveness of the Act and the Competition Commission, their challenges and possible solutions thereto.

Industrial Law, though it has grown prolific in recent years, lacks in one vital aspect, that is, it has no clear and understandable disciplinary procedure. Disciplinary action can be taken by the employer against an employee committing any misconduct mentioned in the statutory law and punishment can be awarded as deemed suitable in the circumstances of the case after making an enquiry as may be necessary. But principles of disciplinary action is not laid down anywhere in any enactment or any other rules framed so far. The result is that each employer has his own idea of discipline and his own method of its enforcement. Since so uniform guidelines of discipline exist in industrial law, an employer even though he wishes to be fair to the delinquent employee, often commits procedural errors which is natural in the absence of such guiding rules. This paper aims to improve our understanding the gap between existing law and real scenario relating to industrial discipline and disciplinary...

Bangabandhu Sheik Mujibur Rahman was born on March 17, 1920, in Tongipara village in the Gopalganj subdivision of the Faridpur district in the eastern part of the province of Bengal in British India. An extroverted, sports-loving young man, Bangabandhu was well liked by his teachers and friends, but never distinguished himself in his studies.

A modern state is a welfare state and it is the duty of a state to keep the stability of society by normalizing the business, controlling the inflation rate and ensuring fair competition in the market. Fair competition in the market helps reduce the price of the commodities, protect the consumers from arbitrary price caused by cartel, monopoly and oligopoly, and ensure the freedom of trade through the spontaneous participation of various instructors. Competition law is working to ensure fair and sustainable competition in the market and prevent all sorts of measures that adversely affect competition. This branch of law is an emerging sector of law. The government can control market price through regular monitoring on production, supply, distribution, storage, or acquisition of goods and services. For that, the parliament of Bangladesh passed the Competition Act in 2012. The primary purpose of enacting this law is to promote, ensure, and sustain a congenial atmosphere for the competition in trade and prevent, control, and eradicate collusion, monopoly, oligopoly, combination or abuse of dominant position or activities adverse to the competition.

In Bangladesh, common perceptions about a company mostly includes considering an individual as its owner. However, unlike popular beliefs, a company is not really 'owned' by anyone. An individual or a group of individuals may hold few shares of a company making them its shareholders. A company has its own separate identity and perpetual succession. It's can sue and be sued and can also participate in contract through natural persons. After formation of a company, a company may need money to run its business. Creditors invest their money in a company for return of profit. These creditors may be secured or unsecured creditors. A company's board of directors is appointed by its shareholders. It is done through holding an Annual General Meeting (AGM) and a chairman is appointed for the board. The Board then forms a management team which is to be led by managing directors. Shareholders, Creditors, the Board and the Management all have separate roles to play in the growth of a company. In order to ensure smooth running of its business, rules and regulations are laid out which is adhered by each and every person associated with the company. This is known as 'Corporate Governance'. The practice of corporate governance is necessary for any company, organization or associations for their own welfare. The concept of Corporate Governance is fairly a recent one. In 1992 a committee lead by Sir Cadburry was formed to identify and solve the problems of the companies of UK and delivered a report namely Cadbury Report. This idea was soon after spread all around the globe. Till now three separate Corporate Governance Codes have been introduced, i.e. Anglo-Saxon, German and Japanese.

In the modern world offering economic liberalism, investment is vital for developing a particular country. For sustainable development, we need foreign and direct investment. Many disputes arise from these foreign investments. If we cannot provide a rapid and effective solution to these disputes, investors will be discouraged from investing here. It needs to be ensured by setting aside our colonial attitudes, which hamper our country's economic development. Furthermore, our laws, rules, and regulation are not up to date. There are a lot of defects in the existing legal procedures. Besides, it is not quick, but firm progress is going on alternative dispute resolution (ADR), especially in commercial disputes between the parties.

Dishonour of cheque is a civil wrong; not a criminal matter. Recently the High Court Division (HCD) of Supreme Court of Bangladesh opined that imprisonment of a person in the case of cheque dishonour is contradictory to the Article 32 of the Constitution as it deprived the personal freedom of the person. HCD also opined that imprisonment of a person in a cheque dishonour case under the Negotiable Instruments Act is tantamount to deprivation of personal liberty.

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 even jeopardize the stability of safe international business and commercial trade structure. Even, in a less development country like Bangladesh has a great potentiality of arbitration in case of dispute resolution.

Bangladesh is the biggest delta in the world and one third of its population is live in coastal area. But the life of coastal people is full of miseries and treat because of frequent attract of natural hazard and bed effect of unwise anthropogenic activities. Various types of natural hazard like flood, cyclone, tidal charge make the life of coastal people very vulnerable and alter the quality of environmental parameters like soil, water etc. on the hand alarming population growth, unplanned settlement, unsustainable use of land resources also effect the production and land pattern of coastal area. The economic activities of coastal area are fully dependable on environment and nature. They don't know the sustainable use of land and natural resource due to lack of scientific and technical knowledge. They exploit resource and vegetation as their wish. Effect of climate change and natural hazard also degrade the quality of environment and change their pattern of production. Salinity intrusion in the cultivable land decreases the agricultural production. Most cultivable land change into salty land and use for shrimp, crab and salt cultivation. Vegetation coverage in the coastal belt and quantity of vacant land are also decrease. Beside this lack of management and adaptation system make their life more miserable. Lack of socio-economic infrastructure and primary economic activity, natural dependency is highly reliable for low life standard of people. Government should be aware to develop the infrastructural pattern and sufficient shelter facilities to the coastal area to protect the life and wealth of coast. Educational level should be developing to make scientific use of natural resource and sustainable use of land resources.