North South University Law Review

Title and Authors Name
DUTIES TO FUTURE GENERATIONS AND NUCLEAR WEAPONS DISARMAMENT By DR. NORMAN K. SWAZO DOI: https://doi.org/10.47126/nsulr.v1i1.01 Abstract: There is no consensus among philosophers, including philosophers of law, whether the present generation has duties to future generations or whether future generations have rights for which the present generation is accountable. Where the moral or legal argument is advanced that we do have duties to future generations in view of their rights, that argument reasonably includes concern for the abolition of nuclear weapons. There is ample moral warrant (e.g., from the moral philosophy of John Rawls) and legal warrant (e.g., from the legal assessment of the International Court of Justice) in the present (1) to account for such duties and (2) for those of our generation to take requisite action that protects the rights of future generations against nuclear catastrophe. Hence, there is a reasonably defensible moral and legal argument in favor of nuclear disarmament. ⬇️ PDF Download \| ⬇️ HTML Download \| 561 Views \| 219 Downloads
BANGLADESH IN A PERMANENT STATE OF EXCEPTION? A CRITICAL INQUIRY THROUGH AN AGAMBENIAN LENS By MD. TARIK MORSHED & TANIA SULTANA DOI: https://doi.org/10.47126/nsulr.v1i1.02 Abstract: This article examines how the legal and political order of Bangladesh operates based on ‘state of exception’ as theorized by Giorgio Agamben. It argues that Bangladesh has transitioned from constitutional framework of emergency powers to a permanent state of exception, where extraordinary measures are normalized within ordinary governance. It situates recent events within an architecture of preventive detention, digital surveillance, and extrajudicial repression, all deployed without any formal proclamation of emergency. Through a critical adaptation of Agamben’s formulations of sovereignty, bare life and the camp to the postcolonial context, the article traces the genealogy of exception to colonial technologies of governance and their reinforcement through global counter-terrorism discourses. In doing so, it demonstrates how political dissidents, refugees, and disadvantaged urban citizens are ruled in zones of legal abandonment. The paper concludes that this entrenched exceptionalism is a weakening force for democracy, fundamental rights, and the rule of law, calling for legal reform along with decolonial transformation. ⬇️ PDF Download \| ⬇️ HTML Download \| 346 Views \| 163 Downloads
RECOGNITION OF RIGHT TO DEVELOPMENT IN PROTRACTED SITUATIONS: CONCEPTUALIZING WITH SUSTAINABLE DEVELOPMENT GOALS AND RIGHT TO WORK OF ROHINGYAS IN BANGLADESH By SURAYA FERDOUS & TOKI ASHRAF DOI: https://doi.org/10.47126/nsulr.v1i1.03 Abstract: With the introduction of Sustainable Development Goals (SDGs) in 2015, the vulnerabilities of disadvantaged people were recognized by international actors. Across the globe, people continue to endure intersecting forms of hardship linked to their gender and ethnic identity, displacement, age, and poverty. The Rohingyas living in Bangladesh are considered one of the most vulnerable groups whose circumstances keeps deteriorating amid a protracted refugee situation. As the protracted situation continues, regional political indicators suggest that the prospect of securing a durable solution in the near future seems quite impossible. This paper examines a nexus between the aims of SDGs and the necessity for the realization of right to development of vulnerable populations, focusing on the Rohingyas in Bangladesh and discover their potential for societal and economic contribution in a protracted situation. The paper explores the right to work as a fundamental aspect of the right to development and analyzes judicial interpretations recognizing the right to work in protracted displacement. The final section of the paper assesses the extent to which the Leaving No One Behind (LNOB) principle has been implemented in recognizing the right to work of Rohingya populations in Bangladesh, evaluates the legal obligations of Bangladesh being a host state, and advances timely recommendations. ⬇️ PDF Download \| ⬇️ HTML Download \| 253 Views \| 119 Downloads
COST-SHARING CONTRACT FOR SUSTAINABLE APPAREL INDUSTRY IN BANGLADESH IN THE ERA OF HUMAN RIGHTS AND ENVIRONMENTAL DUE DILIGENCE LEGISLATION By MD. GOLAM MOSTOFA HASAN DOI: https://doi.org/10.47126/nsulr.v1i1.04 Abstract: This article examines how emerging Environmental, Social, and Governance (ESG) regulations—particularly the European Union’s Corporate Sustainability Reporting Directive (CSRD) and Corporate Sustainability Due Diligence Directive (CSDDD)—affect the textile and apparel industry in Bangladesh. It highlights the sector’s dual role as a driver of economic growth and a major source of environmental degradation and greenhouse gas emissions. The study explores how the EU’s mandatory human rights and environmental due diligence frameworks extend to upstream suppliers in Bangladesh, reshaping the country’s comparative advantage and labor conditions under the ‘Brussels Effect’ It argues that without financial and technical support from global brands, Bangladesh’s suppliers risk losing market share and jobs due to weak regulatory capacity and limited resources. To mitigate these risks, the article proposes the adoption of fair and responsible cost-sharing contracts between global buyers and local suppliers. Such contractual arrangements can equitably distribute the costs of sustainability compliance, promote environmental upgrading, and ensure that workers and small producers are not unfairly burdened. By emphasizing corporate accountability, shared responsibility, and sustainable partnership, the study situates Bangladesh’s apparel sector within the global movement toward climate-aligned and socially responsible supply chains. ⬇️ PDF Download \| ⬇️ HTML Download \| 305 Views \| 257 Downloads
THE SYSTEMATIC MISCLASSIFICATION OF WORKERS AS MANAGERIAL EMPLOYEES UNDER BANGLADESH LABOUR LAW AND LESSONS FROM SINGAPORE By SAQUIB RAHMAN & RAGIB SHAHRIAR DOI: https://doi.org/10.47126/nsulr.v1i1.05 Abstract: The Bangladesh Labour Act 2006 establishes a foundational binary: employees classified as “workers” attract the full suite of statutory protections, while those categorized as “managerial employees” do not. This definitional divide, though doctrinally defensible, has become a vector for systematic exploitation. Organizations across Bangladesh, spanning the private sector, state-linked enterprises, and commercial banks, routinely assign inflated designations to otherwise ordinary employees, thereby avoiding liability under the Act and depriving employees of fundamental entitlements including overtime pay, termination benefits, and access to labour courts. The judiciary has consistently emphasized that substance must prevail over title, holding that the nature and scope of actual functions determine an employee’s legal status. However, in the absence of a structured statutory framework, judicial responses remain reactive and case-specific, offering limited systemic protection. This article examines the legal framework, patterns of misclassification, and judicial responses in Bangladesh, and compares them with the approach adopted under Singapore’s Employment Act. It proposes doctrinal reforms and clearer ex ante guidance to reduce abuse and enhance legal certainty. ⬇️ PDF Download \| ⬇️ HTML Download \| 1360 Views \| 416 Downloads
ESCAPIST TOKEN REPATRIATION APPROACH IN INTERNATIONAL REFUGEE PROTECTION AND THE WAY AHEAD By RAKIBUL ISLAM BHUIYAN, SAKHAWAT SAJJAT SEJAN, & UMME SAYMA AKTER URMI DOI: https://doi.org/10.47126/nsulr.v1i1.06 Abstract: Repatriation is one of the permanent solutions under the UN Refugee Convention 1951. This is also considered as the most desirable solution, as the refugees return to their country of origin. Unfortunately, the examples of repatriation are rarely heard, because refugees tend not to leave the host country due to the fear of persecution or irreparable harm, and the origin countries pose inadvertence to take them back. Lack of international attention also plays an important role in the implementation of repatriation in the history of refugee crises. Token repatriation has emerged from this lack of attention. When the refugee origin state is not willing to take back the refugees, they take a nominal number of refugees by setting the requirements of documents. This approach is called token repatriation. The term is less known and discussed, even though states practice it very often in refuge crises. This article will explore the legal and political dimensions of token repatriation. It will endeavor to point at the escapist nature of refugee origin states and token repatriation’s role in it. Lastly, the article will advocate for rights-based protection approaches rather than adopting token repatriation to ensure a safe future for refugees, where they will be entitled to dignified return. ⬇️ PDF Download \| ⬇️ HTML Download \| 355 Views \| 113 Downloads

DUTIES TO FUTURE GENERATIONS AND NUCLEAR WEAPONS DISARMAMENT

By DR. NORMAN K. SWAZO

DOI: https://doi.org/10.47126/nsulr.v1i1.01

Abstract: There is no consensus among philosophers, including philosophers of law, whether the present generation has duties to future generations or whether future generations have rights for which the present generation is accountable. Where the moral or legal argument is advanced that we do have duties to future generations in view of their rights, that argument reasonably includes concern for the abolition of nuclear weapons. There is ample moral warrant (e.g., from the moral philosophy of John Rawls) and legal warrant (e.g., from the legal assessment of the International Court of Justice) in the present (1) to account for such duties and (2) for those of our generation to take requisite action that protects the rights of future generations against nuclear catastrophe. Hence, there is a reasonably defensible moral and legal argument in favor of nuclear disarmament.

⬇️ PDF Download | ⬇️ HTML Download |

561 Views |

219 Downloads

BANGLADESH IN A PERMANENT STATE OF EXCEPTION? A CRITICAL INQUIRY THROUGH AN AGAMBENIAN LENS

By MD. TARIK MORSHED & TANIA SULTANA

DOI: https://doi.org/10.47126/nsulr.v1i1.02

Abstract: This article examines how the legal and political order of Bangladesh operates based on ‘state of exception’ as theorized by Giorgio Agamben. It argues that Bangladesh has transitioned from constitutional framework of emergency powers to a permanent state of exception, where extraordinary measures are normalized within ordinary governance. It situates recent events within an architecture of preventive detention, digital surveillance, and extrajudicial repression, all deployed without any formal proclamation of emergency. Through a critical adaptation of Agamben’s formulations of sovereignty, bare life and the camp to the postcolonial context, the article traces the genealogy of exception to colonial technologies of governance and their reinforcement through global counter-terrorism discourses. In doing so, it demonstrates how political dissidents, refugees, and disadvantaged urban citizens are ruled in zones of legal abandonment. The paper concludes that this entrenched exceptionalism is a weakening force for democracy, fundamental rights, and the rule of law, calling for legal reform along with decolonial transformation.

⬇️ PDF Download | ⬇️ HTML Download |