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• Introduction: The opening statements
• Recollecting the tales of glory
• Inception and hope
• Age of the military junta (1975-1989)
• Under the illusion of representative democracy
• Conclusion: The hope lives on

"The book provides a comprehensive introduction to the Constitution of Bangladesh. It traces the socio-political, and legal context of its birth in the aftermath of a violent Independence War, through to the seventeen amendments till date as Bangladesh evolved through military coups and dictatorships, shifting alliances between religious and political parties, and the emergence of development state. Aimed at readers who are keen to understand the underpinnings of the constitutional system, its evolution and the politics behind the scenes, the book will explore the impact of political bargains and extra-legal developments on the evolution of the Constitution instead of treating it as a standalone doctrine. By focusing on the overall socio-political context up until 2020, the book departs from the dominant tendency in legal scholarship to restrict attention to the development of the Constitution from its inception to the modern day. The volume will be of great interest to scholars and researchers of law, politics and South Asian studies"-- Provided by publisher

• Preface
• Chapter 1. Introduction
• Chapter 2. The Principle of Judicial Independence and Its Recognition in the Constitution of Bangladesh, 1972
• Chapter 3. The Method of Appointment of the Judges of the Supreme Court (SC) under the Constitution of Bangladesh, 1972
• Chapter 4. The Intrusion of Extraneous Considerations in the Appointment of the Chief Justice and the Other Judges of the Supreme Court of Bangladesh
• Chapter 5. The Guarantee of Security of Tenure of the Judges of the Supreme Court under the Constitution of Bangladesh, 1972
• Chapter 6. The Functioning of the Supreme Judicial Council, the Changes Introduced to the Method of Removal of Judges of the Supreme Court of Bangladesh
• Chapter 7. Conclusion Table of Cases.
• (source: Nielsen Book Data)

This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary's interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.
(source: Nielsen Book Data)

• 1.Introduction.
• 2. The maximum sustainable yield concept in international fisheries law and its application in marine fisheries management.
• 3. The precautionary principle of international fisheries law and its application in marine fisheries management.
• 4. Legal status and key features of ecosystem-based fisheries management in international fisheries law.
• 5. Legislative and policy frameworks for marine fisheries management in Bangladesh.
• 6. Institutional framework for sustainable management of marine fisheries in Bangladesh.
• 7. Conservation and management of transboundary fish stocks through regional cooperation: a case study of Bangladesh and the Bay of Bengal.
• 8. Conclusions and recommendations: key lessons other countries can learn from Bangladesh's experience. Bibliography. Index.
• (source: Nielsen Book Data)

• 1.Introduction.
• 2. The maximum sustainable yield concept in international fisheries law and its application in marine fisheries management.
• 3. The precautionary principle of international fisheries law and its application in marine fisheries management.
• 4. Legal status and key features of ecosystem-based fisheries management in international fisheries law.
• 5. Legislative and policy frameworks for marine fisheries management in Bangladesh.
• 6. Institutional framework for sustainable management of marine fisheries in Bangladesh.
• 7. Conservation and management of transboundary fish stocks through regional cooperation: a case study of Bangladesh and the Bay of Bengal.
• 8. Conclusions and recommendations: key lessons other countries can learn from Bangladesh's experience. Bibliography. Index.
• (source: Nielsen Book Data)

"This book presents a comprehensive analysis of the legal and policy frameworks for marine fisheries management and examines the efficiency of the institutions responsible for the formulation, implementation and enforcement of marine fisheries laws and policies in Bangladesh. Sustainable management of marine fisheries is a complex, multi-dimensional and multi-stakeholder process that entails sustainable use of marine living resources and conservation of marine biodiversity. Offering a critical analysis to these frameworks that play a crucial role in the conservation and management of fish stocks in areas within and beyond national jurisdiction, this book examines inadequacies and implementation gaps in the legislative, policy and institutional frameworks that contribute to the unsustainable exploitation of marine fish stocks in Bangladesh. It recommends law and policy reform for conservation and sustainable management of marine fisheries in Bangladesh and the Bay of Bengal"-- Provided by publisher

• Preface. Acknowledgments. Abbreviations. List of Legal Cases.
• 1. Overview of Torts
• 2. The Development of Tort Law in Bangladesh
• 3. Nuisance
• 4. Intentional Torts
• 5. Negligence
• 6. Strict Liability. Index.
• (source: Nielsen Book Data)

1) This is one of the first textbook on applying Tort law in Bangladesh. 2) It contains important case laws from USA, UK, India, Canada and Australia. 3) This book will be of interest to departments of law across UK.
(source: Nielsen Book Data)

• Introduction
• The legacy of land law in Bengal and Colonial poverty
• Post-colonial land reform (1947-1971)
• Sharecropping legislation and poverty in Bangladesh
• The law relating to Char Land : poverty implications
• The land ceiling legislation and redistributive land reform
• The eminent domain law : land reform and poverty
• Land reform : taking the law for a walk into the land
• Conclusion and recommendations

"The land question is a politically emotive yet constitutionally forgotten issue in Bangladesh. In this seminal work, the author examines the major land laws of Bangladesh and presents a thorough story of land law politics as a central thrust to the colonial and post-colonial enterprise. The author shows how the land enactments in a developing post-colonial jurisdiction like Bangladesh have gone towards the disadvantage of the peasants and suggests what further role the law can play in addressing their poverty.After the 1947 Partition, the abolition of the zamindary system (landlordism) offered an opportunity to carry out radical redistributive land reform in Bengal. So was the case with post-independence settings after 1971. Unfortunately, both opportunities went astray. The Bangladeshi land laws are complex, vague and dominated by politics. The land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.The author interprets poverty as a mutually reinforcing deprivation where the land law is a major participant. He argues that poverty will persist unless the law addresses the true reasons for poverty and a pro-poor approach to land reform is pursued. The author effectively situates the land law in the context of legal history and poverty, exposes the gap between "law" and "land", and proposes a redistributive land reform for Bangladesh"-- Provided by publisher

The rise of Artificial Intelligence applications is accelerating the pace and magnitude of the political, securitarian, and ethical challenges we are now struggling to manage in cyberspace and beyond. So far, the relationship between Artificial Intelligence and cyberspace has been investigated mostly in terms of the effects that AI could have on the digital domain, and thus on our societies. What has been explored less is the opposite relationship, namely, how the cyberspace geopolitics can affect AI. Yet, AI applications have so far suffered from growing unrest, disorder, and lack of normative solutions in cyberspace. As such, from algorithm biases, to surveillance and offensive applications, AI could accelerate multiple growing threats and challenges in and through cyberspace. This report by ISPI and The Brookings Institution is an effort to shed light on this less studied, but extremely relevant, relationship. [Publisher's text]

• Preface to the third edition
• Introductory
• Fundamental rights
• The executive
• The legislature
• The judiciary
• Election, service and other topics

"The Agartala Conspiracy Case, commonly known in its vernacular form as Agartala Shorojontra Mamla, has been a seminal event in the history of Bangladesh. It commenced when the Pakistan government issued as press note on 6 January 1968, claiming that it had detected in December 1967 a conspiracy, hatched in the Indian city of Agartala, to separate East Pakistan through an armed revolt. Although 1,500 Bangalis were arrested throughout the country, the brunt of the case was directed at Awami League chief Sheikh Mujibur Rahman, who was implicated on 18 January 1968, despite the fact that he was detained in jail. Initially, the Pakistan government wanted to court martial the accused, but subsequently it decided to try them under civil law. The number of accused was narrowed down to 35, and Sheikh Mujib was enrolled as the accused number one. After forming a special tribunal, the hearing of the case started on 19 June 1968 inside Dhaka Cantonment. A charge sheet consisting of 100 paragraphs was drawn up against the accused and there were 227 witnesses including 11 approvers. Four approvers were eventually declared hostile by the government. But the turning point came in the morning of 15 February 1969 after a Pakistani havildar killed the accused number 17, Sergeant Zahurul Haque, in front of his prison cell" -- Provided by publisher.

• Preface and acknowledgements
• Transitional justice in Bangladesh : a background profile
• The legal regime of the trial : the International Crimes Tribunals Act 1973
• The substantive law of the ICT jurisdiction
• Crimes against humanity
• Genocide and crimes against peace
• War crimes and violations of international humanitarian law
• Crimes of rape and sexual violence in armed conflicts
• Accessorial crimes : complicity, aiding, abetting, and incitement/instigation
• The liability regime : modes of criminal responsibility
• The procedural rules of the ICT trials
• Prosecutorial strategies in charge framing and proving before the ICTs
• Defence responses to rebut charges before teh ICTs
• The trial, appeal, and review judgments : immunities, convictions, and sentencing
• Procedural standard and due process in the ICT trials
• Complementarity between international and national criminal justice : the ICT trials in context
• Transitional justice in Bangladesh : significance, legacy, and contribution.

In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
(source: Nielsen Book Data)

• Anti-generic learning and rebellious lawyering : a challenge to regnant legal education and lawyering in Bangladesh
• Addressing poverty and lawyering for justice
• Social justice mission of legal education and rebellious lawyering
• Rebellious lawyering and empowerment of the poor
• Developmental lawyering : a wake-up call
• Socially relevant legal education : role of law schools and ‘rebellious lawyering’
• Democracy, human rights, and the need for ‘rebellious lawyering’
• Clinical legal education in Bangladesh : establishing a new philosophy?
• From traditional to rebellious to developmental lawyering : tortuous journey of clinical legal education in Bangladesh
• Human rights and globalization : the need for political lawyering for social change
• Teaching legal ethics : what role for the law schools?

• General rules
• Domestic primary sources
• Foreign primary sources
• International legal materials
• Decisions of international judicial bodies
• Materials and decisions of regional bodies
• Secondary sources

• Introduction and outline of the investigation
• Towards an international crimes tribunal
• The ICT in comparison to other accountability mechanisms
• Compliance of the ICT Act, the rules of procedure and the ICT's jurisprudence with international standards
• The ICT in the context of transitional justice in Bangladesh
• Conclusion and outlook.

"The International Crimes Tribunal in Bangladesh was established in 2010 with the aim of bringing to trial perpetrators of crimes committed during the Liberation War in 1971, through which the country seceded from Pakistan. The International Crimes Tribunal is a domestic tribunal based on the International Crimes Tribunals Act from 1973 and the rules of procedure enacted by the Tribunal itself. The initiation of these trials almost 40 years after the war entails several challenges. The publication examines to what extent the Tribunal's legal framework as well as its jurisprudence comply with international standards as established in international treaties, customary international law and in the jurisprudence of international criminal law. To this end, the substantive law and its interpretation as well as the procedural standards applied at these trials are examined thoroughly. At the same time, the analysis takes into account the political environment surrounding the Tribunal's work and assesses its impact on the country?s process of coming to terms with the past."-- Provided by publisher.

• Part I: Introduction and outline of the investigation
• 1 Introduction and statement of the problem
• 2 Objectives of the study and considered jurisprudence3 Outline of the investigation
• Part II: Towards an International Crimes Tribunal
• 1 Historical background
• 2 First attempts to deal with the war crimes
• 3 Ending impunity
• Part III: The ICT in comparison to other accountability mechanisms
• 1 The different accountability mechanisms and their applicability in the context of Bangladesh
• 2 The domestic character of the International Crimes Tribunal in Bangladesh
• Part IV: Compliance of the ICT Act, the Rules of Procedure and the ICT's jurisprudence with international standards
• 1 Criteria of investigation
• 2 The crimes within the ICT's jurisdiction
• 3 The modes of liability of the ICT Act
• 4 Procedural rights
• Part V: The ICT in the context of transitional justice in Bangladesh
• 1 The role of criminal trials in the process of transitional justice
• 2 The ICT's contribution to the process of transitional justice
• Part VI: Conclusion and outlook

• Foreword
• Preface
• Introduction
• Caretaker governance : a new dimension to politico-legal philosophy
• Journey to democracy : the case of Bangladesh
• The caretaker governments (CTG) in Bangladesh
• Government transitions in Bangladesh : critical contextual analysis of the CTG mechanisms, their performance and their assessment
• The CTG as an intermediary strategy of responsible governance in Bangladesh and the uncertain kite journey ahead.

Peaceful legal and political `changing of the guards' is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral `caretaker covernment' (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments' wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality - perhaps akin to the CTG ethos - to oversee electoral governance, which will have to be renegotiated by the polity based on the people's will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.
(source: Nielsen Book Data)

• Foreword / Meghna Guhathakurta
• Foreword / Cecile Insinger
• Preface / Kamal Hossain
• Civil laws governing Christians in Bangladesh : a proposal for reform / Faustina Pereira
• Combating gender injustice : women and the Hindu law of personal status in Bangladesh : comparative analysis / Shahnaz Huda
• Muslim women's rights under Bangladesh law : provisions, practices and policies related to custody and guardianship / Nowrin Tamanna, Muhammad Amirul Haq and Sara Hossain
• Gender, personal laws and practices of the Bengali Barua Buddhists of Bangladesh / Shahnaz Huda
• Personal laws of the indigenous peoples of the Chittagong Hill tracts, Bangladesh : a gender perspective / Rani Yan Yan and Raja Devasish Roy.

• Introduction, Chowdhury Ishrak Ahmed Siddiky
• 1. Rule of Law in Bangladesh: The Good, Bad and the Ugly?, Ridwanul Haque
• 2. The Judicial Appointment Process in Bangladesh: Transparency versus Accountability, Imran A. Siddiq
• 3. Scandalising the Court and the Law on Contempt, Ehsan A. Siddiq
• 4. The International Crimes Tribunal in Bangladesh: An Analysis, Toby Cadman, Carl Buckley and Pilar Lovelle Moraleda
• Conclusion, Chowdhury Ishrak Ahmed Siddiky.
• (source: Nielsen Book Data)

Bangladesh, one of the most densely populated countries in the world and second in South Asia, is known for its natural disasters, floods and political violence. However, the country plans to become a middle-income country by 2020 due to rapid economic growth led by strong and vibrant garments and pharmaceutical sectors. A developing country, Bangladesh cannot reach its true potential if there is a weak legal system and the executive have no regard for the rule of law. This book discusses and analyses the legal system of Bangladesh. It studies the various weaknesses and whether the judiciary of the country is really independent. International experts, scholars and lawyers with significant experience of working in Bangladesh and at international agencies and universities examine the role of the judiciary in maintaining the rule of law in the country and the critical role it can play in strengthening democracy. The chapters show the various roles played by the judiciary in promoting its independence and thereby strengthening democracy in the country. The first book to analyse the role of the judiciary and the various weaknesses in the legal system of Bangladesh, it is a relevant case study in the context of developing countries. The problems found in the legal system of Bangladesh prevail in most of the developing countries in Asia, Africa and Latin America. The book will be of interest to academics in the field of development studies, South Asian Studies and Asian Law.
(source: Nielsen Book Data)