Public International Law
SUBMITTED FOR Prof. Dr. A .W. M. Abdul Huq Dean, Faculty of Law NORTHERN UNIVERSITY BANGLADESH SUBMITTED BY Seik Golam Maksud LL.B (Hon's) ID: LLB040200248 Department of Law NORTHERN UNIVERSITY, BANGLADESH 5th January 2008 Dr. A.W.M Abdul Huq Research Supervisor Final Dissertation Northern University Bangladesh 93 Kazi Nazrul Islam Avenue, Dhaka-1215 Letter of Transmittal Sir, It is a great pleasure for me to submit the research paper on the topic of "PUBLIC INTEREST LITIGATION". While conducting this research, I tried my level best to make this research paper to the required standard. I hope that this paper will fulfill your expectation. I, therefore, hope that you would be kind enough to go through this paper for evaluation. I am always available for any clarification of any part of this research paper at your convenience. Thanking you. Seik Golam Maksud ID: LLB040200248 Semester: 11th LL.B (Hon's) Department of Law Northern University Bangladesh Topic PUBLIC INTEREST LITIGATION Dedicated To My Late Mother Jebun Nessa PREFACE This 'RESEARCH MONOGRAPH' is the out come of our LL.B (Hon's) Course curriculum. 'The Public Interest Litigation' is a touchy and emerging concept in Bangladesh and still there is no large word in this regard. Being insisted by my friends and teachers I have taken this initiative to make a research regarding on this
Between the various sources of International Law there exists an obvious hierarchy, in which treaty holds undisputed authority. Discuss.
Between the various sources of International Law there exists an obvious hierarchy, in which treaty holds undisputed authority. Discuss. In an international system typified by the sovereign equality of states, above which exists no legislator or enforcer, much of international law emanates from the rules such states choose to be bound by. Treaties are a common method of doing this, but they are not the only one. Other sources of international law exist, and to suggestions that treaties hold undisputed authority are false. This essay shall begin with examining the statute of the International Court of Justice (ICJ). This Article indicates three primary sources of international law and some subsidiary sources. This will be followed by a brief description of each of the three main sources. Section 2 asserts that customary law holds equal status to treaty amongst the sources. This is seen through the operation of two principle maxims of interpretation; lex posterior derogat priori and lex specialis derogat generali. It will be shown that these maxims give preference to neither treaty nor custom, but treat them equally. Section 3 shall examine the concept of jus cogens norms in International Law. It shall be seen through both theoretical discussion and case law that jus cogens norms override both conventional (treaty) and customary law. They are principles that allow no derogation
Sharia Law and Judicial Activism in Pakistan
Pakistan: Sharia Law and Judicial Activism The Islamic Republic of Pakistan lies in the global south and is characterized as a developing or third world country. Its status as a developing nation tends to conjure an image of poverty, economic backwardness, lax legal systems and a power hungry government. While most of these assumptions hold true, it is important to understand that Pakistan has been faced by several political speed bumps and an unstable, constantly changing constitution since its independence in 1947. It is also noteworthy to understand that Pakistan's legal system is entrenched not only in the Constitution but also in a set of Islamic codes known as Sharia Law. This makes legal issues religious and moral, besides being political which opens another avenue for conflict and complications. Historically, Pakistan was established as a Muslim nation separate from its Indian counterpart in order to give the Muslim minority in India more representation and a chance to form the majority. It was, perhaps, this motive that led to a more religiously inclined political atmosphere and often gave precedence to Sharia Law over Common Law. The former often takes precedence in personal matters and civil and criminal cases while the latter is applied mostly in commercial cases. "The legal system is based on English common law with provisions to
Millenium Development Goals
INTERNATIONAL INEQUALITIES CONTENTS PAGE . Action plan..............................................................................3-4 .2. Introduction...........................................................................5 2.1 dependency theory....................................................................6-8 2.2 Development theory 2.3 Comparison and analysis 3. The millennium development goals..................................................9-12 3.1 The eight millennium targets 4. India......................................................................................13-14 4.2 Poverty monitoring and statistical strengthening 5. Sudan....................................................................................15-16 5.1 Face of poverty 6 Conclusion..............................................................................17-24 6.1 Recommendations (India) 6.2 Sudan 6.3 Appendix 1 6.4 Appendix 2 7. Referencing.............................................................................25-26 8. Bibliography............................................................................27 9. Literature review.......................................................................28 ACTION PLAN Date What I plan to do In which order By when Have I completed it? 05/12/06 This was the day when I received the assignment - - -
Montevideo convention and criteria of statehood
Contents Introduction............................................................................................................3 Theoretical perspective a) Defined territory.................................................................................4 b) Population.........................................................................................5 c) Effective control by a government............................................................5 d) Capacity to enter into relations with other states............................................5 Montevideo scrutinized: shortcomings v propositions............................................................6 Recognition of states: Is there a need for? a) Declaratory theory at closer examination...........................................................7 b) Constitutive theory...........................................................................................8 Self-determination as additional factor relevant to the criteria for statehood...................................9 Other propositions.....................................................................................................10 Attempting to define atypical quasi-state actors: the Holy See..................................................11
This particular study, therefore, will be based on the delimitation of maritime boundaries in respect to the different approaches followed by the International Court of Justice in situations such as those concerning the North Sea Continental Shelf Cases (
Indisputably, the delimitation of maritime boundaries around the world has been one of the most significant and complex issues that the international community was faced with over the last two centuries. It has been accepted that from the early stages of human existence the world's oceans and seas have been converted into one of the main resource base upon which a significant percentage of humankind relied for sustenance and livelihood options. In the beginning of the 21st century, they continue to provide tremendous resources, living and mineral, and constitute the foundation for vital economic sectors such as trade, tourism and energy, undoubtedly essential to all States, developed or developing. In short, only few resources have as broad an impact on our economy and communities as our oceans and seas, by becoming vital to homeland security, transportation, trade, environmental and scientific research, historical and cultural heritage. Based on the foregoing, therefore, countries all over the world have actively passed laws related to the seas in an attempt to determine maritime boundaries and to guarantee the freedom of the high seas to all states.1 Despite such an attempt, due to the close geographical proximity of many States, their maritime zones often overlap to a greater or lesser extend, leaving no other option to them but to establish boundaries between such zones in
International Law vs. the Iraq War
Introduction A current hot debate in international politics is whether or not the United States-led war against Iraq is legal according to international law. When the United States launched a military attack on the dictator-regime of Suddam Hussein in 2002, it sparked this discussion in the international community which continues to trouble the United Nations as well as both the Bush administration and its opposition. Those who oppose the Bush administration's decision to take pre-emptive military action against Iraq argue that according to current international law, the intervention was not lawful. The Bush administration maintains that their actions were legal due to their own interpretation of the Charter of the United Nations and resolutions made in regard to previous international altercations. Who is right? Current international law allows military action to be undertaken under two circumstances. The first one is in unilateral or collective self-defence. If a military strike is launched against a state, it has the authority to initiate its own attack in order to defend itself. The assumption here is that a state will unilaterally defend itself until the United Nations Security Council can organize more support for them. Secondly, a country may send military forces into another country in the case of a humanitarian intervention, but only in the case that it is
The United States Reluctance to abide by International Law
Examining the International Criminal Court and the Opposition from U.S.À Noor Sharif 00742660 Paper submitted to: Professor James Milner PSCI3600B March 1st, 2010 INTRODUCTION The International Criminal Court (ICC) was established on the 17th of July, 1998, through the adoption of the Rome Statute of the International Criminal Court1. The Court came into fruition in July of 2002 by obtaining the required signatures from 60 different nations from around the world2. The function of the ICC is to try and punish individuals who have committed the most serious crimes against humanity and have violated human rights3. It is designed to bring to justice the criminals who have avoided the eye of the law as a result of their national justice system failing at the task. The ICC is an independent international court with its own legal capacity, created and governed by its own treaty. It is not administered by, nor paid for through the U.N., rather, it is financed by, and accountable to only those states that have chosen to ratify the ICC Statute4. The power and jurisdiction of the ICC is granted by the Rome Statute of the International Criminal Court. The Rome Statute is an international treaty, binding only those countries which formally express the consent to be bound by its provisions5.Another purpose of the court is to give future victims of aforementioned crimes some
THE USE OF FORCE IN THE INTERNATIONAL COMMUNITY
THE USE OF FORCE IN THE INTERNATIONAL COMMUNITY From the beginning of time, conflict between individuals has been the primary reason for the rule of law, rather than that of an arbitrary nature. The statement made by Cassese above refers to both a charter created by states to control the use of force in inter-state relations, and a corresponding customary law. When treaties similar to the United Nations Charter (henceforth UNCH) are created by a number of contracting parties, customary law exists along side it. Although, treaties are only binding on contracting parties, customary law is binding on all states unless regional custom or persistent objections show the contrary. 1 Hugo Grotius, the 'father' of international law in the seventeenth century stated that '[I]t be lawful to kill him who is preparing to kill'.2 If the words used by Grotius were evaluated then one would realise that the use of force is to be at all costs the last resort. At a certain stage during the development of international rules, States were permitted to resort to war, or to use force short of war in order to achieve their aims.3 This is both a prominent and controversial area of International law; some selectivity is necessary to critically evaluate the statement made by Cassese. This essay will be concerned with the legality of the use of force under international law (jus ad bellum, refers
International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples.
LA TROBE UNIVERSITY FACULTY OF LAW & MANAGEMENT SCHOOL OF LAW PUBLIC INTERNATIONAL LAW (LAW2/3PIL) ESSAY Question 2 International law does not offer any effective remedy where the government of a State chooses to commit mass human rights violations within its own borders. Do you agree? Explain your answer fully, referring to real world examples. Executive Summary The report gives an overview about international law regarding effective remedies against human rights violations. This paper integrates a comprehensive understanding of human rights in particular human rights violations and operational criteria. Firstly, human rights in an international context will be presented. Secondly, remedies in international law will be analysed. Furthermore, the paper discusses the historical development about powers, politics and remedies in international law in context with human rights. This report identifies the key human right issues in an international context: * Human rights protection by peaceful, political-diplomatic remedies and International Courts * Human rights protection by violent remedies The report followed up with a discussion and conclusion. Table of Content I. Introduction II. Human Rights 1. Basic Facts 2. Human Rights in International Law III. Remedies in international law . Human rights protection by peaceful, political-diplomatic remedies and