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7.1 Treaty Making in Bangladesh: Power and ProcedureWithin the framework of the Constitution, the power to make all contracts and deeds for the state vests with the executive authority. The Constitution does not distinguish between a contract made by the state and an international treaty in terms of the authority to make them. Article 145(1) generally declares: ‘All contracts and deeds made in exercise of the executive authority of the Republic shall be expressed to be made by the President, and shall …

Discourse on international law in the context of a dualist country like Bangladesh may seem quite simple on the surface; however, with distinct legal history, the synthesis of national insights and perspectives with international law, always has a language of its own for each country as a unique subject of international law, and Bangladesh is not an exception. Despite being dualist in its approach, Bangladesh, from the very moment of its emergence as an independent State, has been deferential and contributive towards international law.This encyclopedia contains (number of) ent…

1.1 Constitutional Status of International Law in BangladeshDespite the fact that Bangladesh could not acquire membership of the UN until 1974, both the UN Charter and the International Bill of Rights (comprising the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) deeply influenced the drafting of the Constitution of Bangladesh. The Constitution of Bangladesh encompasses a multitude of hu…

6.1 Status of International Law in the Legal System of Bangladesh: Dualism vs. MonismRegarding the application of international law in a domestic legal system, there are two prominent theories: monism and dualism. Monism signifies treating international law as part of domestic law and the prevalence of international law in case of a conflict between the two. Dualism, on the other hand, considers the two laws as totally distinct and signifies the prevalence of domestic law in case of conflict between the two.There are two further doctrines which deal with the application and …

3.1 Land Boundary Agreement between Bangladesh and IndiaIn order to complete the boundary demarcation process, an Agreement was concluded between Bangladesh and India on May 16, 1974. The title of the agreement was: Agreement between the Government of the People’s Republic of Bangladesh and the Government of the Republic of India Concerning the Demarcation of the Land Boundary between Bangladesh and India and Related Matters. However, the treaty did not become effective at once as article 5 of the trea…

15.1 The Territorial Water and Maritime Zones Act, 1974 and The Bangladesh Maritime Zones Act, 2019 (Draft Law)The ‘Territorial Waters and Maritime Zones Act, 1974 (hereinafter referred to as the Act, or the Act of 1974) was the first legislation to delimit maritime boundary and declare sovereign rights of Bangladesh over the living and non-living resources in the Territorial Waters of 12 nautical miles (nm) and Economic Zone (EEZ) of 200 nm. However, the Act confined our rights on the Contiguous Zone to 18 mile…

2.1 Right to Self-Determination and the Emergence of BangladeshPersons claiming self-determination are those who view themselves as being unjustifiably excluded from the community of states recognized by international law. The principle of self-determination envisages the right of cohesive national groups i.e., ‘peoples’ to decide for themselves the form of political organisation and their relation to other groups. Self-determination may be of independence as a state, secession from one state to a new s…

17.1 Domestic Implementation of International Human Rights Law in BangladeshThe Constitution of Bangladesh contains a wide range of provisions regarding human rights. The drafters of the Constitution, in recognizing human rights, classified them into two different categories: fundamental rights and fundamental principles of state policy. The human rights of civil and political nature have been recognized as judicially enforceable fundamental rights, while the rights that are economic, social and cultural…