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Messages - Ferdousi Begum

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1
Research & Publication / ELCOP Call for Papers
« on: May 20, 2019, 05:53:41 PM »

Empowerment through Law of the Common People (ELCOP) is going to organize its 20th Human Rights Summer School (HRSS) on “Human Rights and Rebellious Lawyering” in late September  2019 (19th – 30th September, 2019). In line with our twenty years of academic legacy, we are overwhelmed with our visionary activism that inspires us to start the process of publishing “ELCOP Yearbook of Human Rights”, the key scholarly research based reading material of the HRSS.

 We, herewith, welcome scholarly papers from academics, legal scholars as well as law students. We are soliciting unpublished original papers focusing the title of the 20th HRSS for the Yearbook.

Prologue to the 20th HRSS Publication

There is a view that our legal education produces legal mechanics rather than legal architects. The progress of law graduates has thus become central to our legal education. We are saddled with diverse limitations—conventional teaching style, old-fashioned curriculum, inadequate environment of legal research, absence of law clinics, non-simulative learning process and lack of interdisciplinary approach are a few to mention. The outcome is that our law graduates end up becoming litigant lawyers. The approach does not help changing the status quo of rule of law, democracy and human rights. The poor remain poor living under the vicious cycle of poverty and find themselves helpless in fighting the discriminatory legal system.

Human rights lawyering is experiencing multiple prospects and challenges in present days.  ELCOP provides an alternative idea of legal education against the existing dismay and challenges. It wants to produce a law graduate who would sensitize, mobilize, organise the poor to fight their poverty on the one hand, and reshape human rights jurisprudence through innovative justicing, on the other hand. This is what we call “rebellious lawyering”. The proponent of the concept in Bangladesh is famous human rights educationist Professor Dr Mizanur Rahman. According to Professor Rahman, “legal education of Bangladesh treats people – their traditions, experiences and institutions is essentially generic”. It teaches law students to approach law practice as if all people and all social life are homogenous. Professor Rahman thinks that a range of practical know-how and intellectual sophistication is necessary to change the fate of the poor justice seekers. Dr Rahman stresses on four things for a legal transformation:  firstly, working with clients, not just working on their behalf; secondly, collaborating with clients by taking their potential into account; thirdly, teaching self-help to the client by going beyond formal representativeness; and finally, building coalitions, not just being capable of filing a lawsuit. In fine, in order to represent the community, a law graduate must take training and skills that reflect (and in turn, helps produce) an idea of lawyering compatible with a collective fight for social change – a “rebellious idea of lawyering” at odds with the conception of prevailing “legal practice”.  Professor Mizan reminds us that the missionary message of our liberation war casts a duty on us to produce a new breed of drohi ainjibi or “rebellious lawyers”. They would be the catalyst for social change and would redefine law and justice to understand the sweat and tears of the many millions who are the eternal tenants of exploitation.

Keeping this lawyering philosophy in mind, ELCOP was established 20 years back by Professor Rahman and HRSS is its main enterprise. The other follow up facets of ELCOP are Street Law (Protidiner Ain) and Community Law Reform (CLR)—all as of now have received international applause, the latest being the “SILF-MILAT Award for South Asian Excellence in Legal Education 2018” from the Society of Indian Law Firms.

ELCOP’s working theme, thus, has been rebellious lawyering since its inception. The magic year—20th—is an opportunity for us to look back. As such, the aim of the upcoming 20th HRSS is to provide the young law students with a platform to critically deliberate on various contemporary issues on rebellious lawyering vis-à-vis human rights in Bangladesh and beyond.

Topics of the paper

As mentioned, our main theme of HRSS (and the Yearbook) this year is “Human Rights and Rebellious Lawyering”. The sub-themes are included, but not limited to:

Human rights and rebellious lawyering;
ELCOP, Professor Dr Mizanur Rahman and  rebellious lawyers;
Law, human rights and poverty;
Law and empowerment of the poor
Justice delivery system, justicing and judicial activism;
Human rights in the age of globalization;
The politics of constitutionalism;
Public interest litigation, social justice and development;
Human rights and technology;
Law schools and legal education in South Asia and beyond’
Lawyers’ role in global conflict and peace
You may write on any of the above topics or matters you believe should be a technical extension of the theme.

 

Word limit

The paper should be written in between 5000-8000 words excluding footnotes.

Presentation and Style Information

The publication will follow the Oxford Standard for Citation of Legal Authorities (OSCOLA) referencing Style. You can have a copy of it from internet as well. Footnotes should be collated at the end of each page. Footnotes to the title and author(s)’ names should be designated as *, † etc. Footnotes to the text should be designated as 1, 2, 3 etc. The asterisked footnote should give the author’s position, institutional address and any brief acknowledgements if required.

Copyright

It is a condition of HRSS Publications that authors’ grant an exclusive license to ELCOP permitting it to reproduce and/or disseminate the author’s contribution or elements of it (e.g. abstract, meta data). In signing the license, the authors retain the right to use their own material and ELCOP asks that HRSS Publication is acknowledged as the original place of publication.

Submission Deadline and Rules

You should send a single hard copy of your manuscript. The envelope should be marked as “Submission for ELCOP Year Book on Human Rights” on the top. The Deadline for sending your manuscript is: 30th June 2019 (Sunday).

Articles should also be submitted as an electronic form (in word format) either in CD or as an email attachment to elcop71@gmail.com by the same deadline mentioned above.

All submissions should be accompanied by a statement that the material is not under consideration elsewhere, and that it has not been published or is not pending publication elsewhere.

Questions and clarifications may be addressed to:

Tapas Kanti Baul, Barrister-at-Law
Executive Director
Empowerment through Law of the Common People (ELCOP)
Email: tkbaul@gmail.com

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About the organisation:

South Asian University (SAU) is an international university established by the eight member nations of South Asian Association for Regional Co-operation (SAARC) viz. Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. SAU started its operations from the academic year 2010.

About the conference:

Faculty of Legal Studies International Conference of South Asian University is hosting a conference on South Asia in the Era of International Courts and Tribunals, on 28–29 February 2020 at New Delhi.

The Conference is announced in the backdrop of discernibly increased activities of international courts and tribunals. Abstracts are invited that engage with the conference theme which intends to facilitate a number of streams of inquiry both within and across them. In particular, the conference theme invites engagement with a range of issues broadly falling within the following three sub-themes:

Date and place: 28–29 February 2020, New Delhi.

Topic: South Asia in the Era of International Courts and Tribunals.

Venue: FSI Hall, Akbar Bhawan, Chanakyapuri, New Delhi, India, 110 021.

Theme:

1. The Composition and Competence of International Courts and Tribunals and the Role of South Asian Countries.

2.  The Strategies and Advocacy before International Courts and Tribunals and South Asian Countries.

3: The Impact of International Courts and Tribunals on the Governance of South Asian Countries.

Submission of proposals:

Interested scholars are invited to submit one abstract of 400–500 words. Full name, email address and affiliation of the applicant must be written at the top of the document containing the abstract. Proposals should identify whether they are a “young scholar” proposal. The abstract file must be submitted in .doc, .docx or .pdf format, and named “Surname_Name_SACT2020_Abstract”.

The applicant must also send a one-page curriculum vitae, including a list of most relevant publications. The curriculum vitae file must be submitted in .doc, .docx or .pdf format, and named “Surname_Name_SACT2020_CV”.

The subject column of the submission e-mail must be composed as “SACT2020 Submission – Surname_Name”.

The abstract and the curriculum vitae must be emailed to < sact2020[at]sau.int>.

Selection criteria:

Relevance to the Conference theme.
The originality of the paper.
Geographical and gender balance of the participants.
Timeline:

The issue of the call for papers: 28 February 2019.
Submission of abstracts (400–500 words): 30 June 2019.
Communication to successful applicants: 31 July 2019
Submission of full papers (8000–12000 words): 15 December 2019.
Last date of registration: 31 January 2020.
Conference dates: 28–29 February 2020.
Grants:

Participants will be responsible for their travel and accommodation expenses.

Very limited funding may be available to young scholars (PhD candidates or those who have had the submission of their theses no earlier than three years before submission of their abstracts) working in SAARC countries to support a portion of their travel and accommodation.

However, no financial support will be given without a timely receipt of full papers.

Registration:

Non-SAU PhD scholars: INR500/$10/EUR10.
Non-SAU teachers and others: INR1000/$20/EUR20.

3
In a perfect world, everything is steady. You can make plans that actually come true 100% of the time. You can anticipate things in advance. But as you and I both know, that’s not how life works.

In real life, a single random (and unexpected) event can suddenly screw up all your plans, goals, and good intentions to make a change. Think of…

A family member who passes away.
Getting pregnant.
Getting into a car accident.
A calamity at work that causes bankruptcy.
Falling in love.
Unplanned events can disrupt everything. I’ve experienced that several times in my life. And there’s nothing you can do to prevent unexpected events.

To be clear, when I talk about chaos, I’m not talking about adverse events. Sometimes, good things can also disrupt our focus. Life can be unpredictable.

And despite that unpredictability, we still have to function. We must wake up, treat the people in our lives with respect, do our work, and find inner calm. The way I see it, we have two choices.

We accept that life is chaos and find a way to adapt ourselves.
We refuse to adapt and become miserable because “life is hard.”
To me, it’s a no-brainer. I choose the former. But how do you adapt when life is uncertain? How do you still manage to be productive when you can’t even catch your breath before you have to deal with the next thing?

Here are 3 tips that can help you with those challenges.

1. Stay focused on your tasks
When something important interrupts your life, it’s easy to develop tunnel vision. Before you know it, your whole life can be consumed by something random. Let’s say you fall in love with someone.

And all of a sudden you can’t think of anything else but that person. You can’t focus on your work. You forget about your friends. You don’t go to the gym anymore. You just want to spend time with that person.

Even though it’s great to be in love, there’s more to life.

Sure, enjoying today matters. But we can’t allow ourselves to forget where we are going in life. We can’t neglect our work, family, friends, and health—under any circumstances.

To stay focused and not give up my ideals, I keep reminding myself of why I do what I do. I do that through daily journaling. No matter how hectic your life is, you can always find 10 minutes to sit down and reflect. No excuses.

Plus, I keep looking at my goals almost every day. That reminds me of where I want to go. And when you know where you want to go, you’ll keep going. It’s as simple as that.

2. Work in short bursts
Always be prepared to get work done. Every time you have a moment to yourself, don’t play with your phone, but instead, squeeze in some work. Even if it’s only 8 minutes.

I bring my laptop and notebook with me wherever I go. Those two things are always by my side. When my life lacks structure, I whip out the laptop at any free moment I have.

Doesn’t matter what time it is, where I am, or how long I can work—when I get the chance, I work.

But working in short bursts is not that easy. After all, you can’t truly focus. In a perfect world, you have hours of time blocked for a single important task. That’s how you do deep work.

Working in short bursts only works if you know what you have to do (Step 1).

That’s why I always keep a long list of things that I have to do. So when I work in short bursts, I know that I can’t waste my time browsing the internet or thinking, “What should I do next?”

The process is simple. I grab my laptop, look at my list, and pick one thing that I feel like doing at that time. My list consists of essential tasks. So it doesn’t matter which task gets done first.

For example, this is about the ninth time (I lost count) I’m working on this article. My life has no structure right now. But that’s okay. I still write my articles.

Remember: Your goal is not to work like this forever. When you’ve weathered the storm, get back to your regular routines.

3. Fuel yourself
Life can be demanding. You need proper fuel to handle the physical and mental stress that you endure.

I’m no diet expert. But I am an expert on my personal diet. Usually, I’m not a fan of trial and error. But when it comes to dieting, it’s my go-to strategy.

I’ve tried many different diets and eating patterns. I currently eat mostly protein and unsaturated fat as my first meal, which is around 11:30am. In other words, I skip breakfast.

That’s what they call intermittent fasting these days. There’s nothing new about that. People have been skipping breakfast for ages.

Look, I can’t give you diet recommendations because it’s different for every person. But I can share a few things you should consider:

Don’t believe everything you read from the health industry. Everybody has something to sell (I’m not only talking about products but also ideas).
Distinguish the difference between eating patterns (when you eat, how often, etc.) and diets (the type of foods you consume like protein, fat, carbs).
Be careful with experimentation. Only try things that are NOT harmful to your body (don’t starve yourself, don’t try weird diets like eating red meat only).
Keep notes on how you feel after what food you eat. Exclude things from your diet that make you feel bad.
That’s how I’ve found the ideal foods and eating pattern for me. For example, I eat rice every evening. I love it. Without eating rice, I get hungry very quickly and don’t feel as sharp. Should I stop eating rice because some random internet person says so? No, of course not.

Finding Structure In Chaos
In the past, I hated uncertainty. I think that’s something you learn as you grow up. “Get a safe job!”, is what people say.

But they don’t tell you that a safe job will ultimately make you lazy and weak. Why? Because you’re safe.

Jordan Peterson said it best in 12 Rules For Life: An Antidote to Chaos:

“Order is not enough. You can’t just be stable, and secure, and unchanging, because there are still vital and important new things to be learned.”

On the other hand, uncertainty forces action.

That’s why I’ve grown to love uncertainty. It forces me to find solutions to every challenge I face.

And once you live your life that way, you can’t even function properly without challenges. When you’ve reached that stage, know that you’re actually safe.

This post originally appeared on Darius Foroux and was published August 21, 2018.
Source: https://getpocket.com/explore/item/how-to-be-productive-when-your-life-is-in-chaos

4
The 2nd Assembly on Future of Higher Education 29 - 30 March 2019 in Bangladesh.

Do you want to share your creative ideas about the future of higher education in Bangladesh and abroad with other students, academics, experts and practitioners?

If yes, please submit a 300-500 word abstract with your thoughts and ideas – we especially welcome creative and experiential ways of addressing the challenges and opportunities through learning by doing, active participation, and engaged dialogue among all participants and across all disciplines.

If you wish to get involved, these are some leading questions for you to define further:

How will science and technology change higher education – in Bangladesh and globally?
How can businesses and universities work closer together to make students have the skills needed in the market or to set up their own start-up?
How do the social sciences and law need to change their focus and tools in order to address the issues of the 21st century?
How does the future of higher education look through a gender perspective?
What role will global education play, how universities can work across borders, who can Bangladesh profit form innovations in other parts of the world?

These are only some leads – you can also submit proposal on any other topic related to the overall theme.
Anyone can apply irrespective of gender, religion, and nationality. We especially encourage students and junior researchers to submit their proposals.

Read more about the submission process and other relevant information in the attached documents or at: http://cgsdu.org/eduassembly/.

Please send the abstract to: cgs@du.ac.bd.
Last date for submission is 30 January 2019.
No participation fee.


5
The Rohingya refugees are considered as the most disgraced ethnic minority of the present world. They are forced to leave their own country as the series of brutal crackdowns were carried out by Myanmar military from long since. The number of Rohingya influx has crossed all the previous records as 600,000 Rohingya refugees have fled persecution following an alleged killing of 12 security officers by ARSA on August 25, 2017. Having considered the brutality on Rohingya, the International Criminal Court (ICC) has ruled on September 6, 2018, that the court may exercise its jurisdiction over the alleged deportation of Rohingya people from Myanmar to Bangladesh since the crimes are of trans-boundary nature. Besides, the jurists from all around the world are searching for avenues under which the culprits can be held liable for their crimes against humanity. 

In this respect, the Bangladesh Institute of Law and International Affairs (BILIA) is going to organize a symposium titled "Prosecution for Violation of Human Rights: The Rohingya Crisis in Context" in which two papers will be presented.

For details, see the attachment.

6
Law / Re: what is law ? And Advantage of being a lawyer...
« on: October 08, 2018, 05:56:15 PM »

Law is the means to regulate anything by a sovereign authority for the administration of justice and to establish rule of law.
The advantage of being a law-yer is that, one can rely upon you and you can rely upon yourself.

7
Corporate Legal Job / Action Aid Bangladesh
« on: October 06, 2018, 03:19:43 PM »
ActionAid Bangladesh is looking for suitable candidate for the following position:

Programme Officer – Mainstreaming Women Rights in Local Rights Programme (LRP)

Monthly Gross Salary will be 54,402/- with other admissible benefits such as festival bonus, provident fund, gratuity, medical benefit, group life insurance etc.

https://lookaside.fbsbx.com/file/actionaid.pdf?token=AWy_7TIOk7riS3wowskw992UmPSPx_9F2nueqsBqeiAWwT1lU_lDJAUIq74rH8OoZLTz3GqzYr4Vbbe0_hOVprmM_2ZlvbuqXY6_od_0N7ambJyuefRzTR6-sZej25ka7BYBQdVx3nZqwsNHaQoETFxdPtWL4hJhI3NkG9BgpXM7uw

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Law Mantra One Day International Seminar on Human Rights & Persons with Disabilities, 02nd December, 2018 at The Indian Law Institute, New Delhi in academic collaboration with CASIHR (Rajiv Gandhi National University of Law Punjab), Maharashtra National Law University, Nagpur & International Council of Jurists, London;
Submit Abstract by 05th October, 2018 (Extended)
http://lawmantra.co.in/wp-conte…/uploads/2018/…/Broucher.pdf...

9
Access to Human Rights Int.(AHRI), Dhaka Youth Club Int.(DYCI), Justice Vision Foundation (JVF) and Youth Council of Bangladesh(YCB) are going to jointly organize a Workshop for Youth and Students. Specially, whose are activist on law and human rights. Youth empowering can develop the world. The resource persons delivered their speech on Law, Human Rights and Empowerment of youth.

Facilities of participants:
1. Workshop Bag/File
2. Pen
3. Pad
4. Lunch packet
5. Handbill
6. Certificate and entertainment.

Registration Deadline : 30 September 2018.
Registration Fees: 500 TK. ( 200 TK. for students)

Venue: Supreme Court Bar Building.
1st Floor, Hall Room - 1
Bangladesh Supreme Court , Dhaka.

Date and Time: 05 October 2018, at 09.00 to 03.00.

Contact: 26/1 Shantinagar, Tropical Rajia Complex, 1st Floor,
Room-F22, Dhaka-1217
Cell: +8801819461041, 01850558574,01917346533
Email: info@ahrint.org, app.mahoque@yahoo.com

10
The Network for International Law Students (NILS) is an international, non-political, non-profit-making organization, run by and for law students. NILS - University of Dhaka Chapter, the first local chapter under NILS Bangladesh, was created in 2016 with a view to reaching out to the students from Department of Law, University of Dhaka and expand the network of NILS here.

DISCLAIMER: ONLY STUDENTS OF DEPARTMENT OF LAW, UNIVERSITY OF DHAKA ARE ELIGIBLE TO ATTEND THIS SESSION.

Details of the session:
As law students, our curriculum is extremely rigorous. This is further compounded by the need to navigate oneself through the numerous reading materials with little to no strategic knowledge.

As such, with a view to preparing the newer groups of students of the Department of Law, University of Dhaka for these hurdles, NILS DU Chapter is holding its first skill building session titled 'Effective Case Reading Techniques', where law students would get hands-on experience on how to crack a case, the essential techniques of reading a judgment and effectively identifying the ratio decidendi and obiter dicta from the full text of a judgment.

Facilitator: Dr. Muhammad Ekramul Haque, Professor, Department of Law, University of Dhaka.
Date: May 15, 2018
Time: 3-5 PM
Place: Room 137, Department of Law, University of Dhaka

Although the session is mostly catered to freshman and sophomore year students, senior, final year and Master's level students are more than welcome to apply.

Since we have limited seats, participants will be granted entry on a first come, first served basis. There is NO registration fee for attending this session. You just have to fill up the form to express your interest. Once we reach our full capacity, we shall start confirming the participants via email.

Link to the registration form: https://goo.gl/forms/AkqcqRhoS3Q16PSS2

For any query, please inbox our Facebook page or email us at nilsdhaka@gmail.com.

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● Title: “Hindu Marriage Law in Bangladesh and India: A
Comparative Approach."

● Speaker: Nurunnahar Mazumdar
Assistant Professor, Department of Law,
Jagannath University.
&
Adjunct Faculty of Law, Bangladesh Open University.

● Registration Link: http://bit.ly/2R0Pxnx

● Time & Date:
5th October 2018 at 06:00 PM.

● Venue:
Room No. 901 (8th floor) of Dhaka Regional Resource Center, Bangladesh Open University. 4/ka, govt. Laboratory School Road, Dhanmondi, Dhaka-1205 (Beside Dhaka College, Behind of Teachers Training College)

● Seats are Open for all. (e.g. Students, legal practitioners, researchers and academics and civil society members)

● Communication:
Mobile: 01670-747450 or 01634-239230
E-mail: openlawlecture@gmail.com

12
Self Discipline / 8 tips for success in first year of Law School
« on: September 25, 2018, 01:49:47 PM »
With the unofficial end of summer gone by, the official beginning of school is here for students all around the country. For many law students entering school, this can be a stressful time. Perhaps you have moved your family across the country, set aside a stable career, or are beginning your 18th first day of school in a row. In any event, you are starting on a journey that is bound to be different than your last endeavor. Law school can take up so much of your time (and money), that we want to make sure that you are equipped with the tools to do it right and find success!
1. Get Organized.
If you aren’t a planner, you need to become one. Organization will be key to reaching your potential in law school and keeping track of classes, assignments, and other appointments will be vital. In the beginning build into your plan that all that you do will take you longer than you can imagine. Some classes will come easier than others but all will require time.
2. Effort now, or pay later.
Unlike what you may have experienced as an undergrad, you cannot wait to study and outline your courses.  If you wait until exam time to figure this out, you will end up paying with your grades. Try different approaches to studying and class preparation, but make sure to not just go with the flow! Find study methods that work best for you and stick to it.  Your new best friends may all love to study together, but make sure not to compromise your success, if that method doesn’t work for you!
3. Gain respect, not friends.
Become involved in activities that you are truly committed to and gain respect from those communities.  While you need to have interests that renew your energy, be strategic about those and ensure that you are professional, even in the school setting. Being connected to your classmates is crucial to finding success after law school.  These are your future colleagues and your reputation is formed now.
4. Treat networking as a course.
The old adage about “it’s about who you know” isn’t completely wrong. Meeting lawyers at events like bar association events gives you the opportunity to build connections with in the legal community who can give you good advice on doing well in law school, getting a job after law school, and succeeding in that position.
5. Focus on your grades.
Seriously. With the current hiring market and the reality that is the new normal in the legal industry of running a firm with fewer attorneys, making sure you are as high in your class as you can be is vital, even if you are in a Top 14 law school.
6. Don’t over join.
No matter how many extra-curricular activities you have, being in the bottom half of your class will make it extremely difficult to find employment. Find a few activities that are meaningful and interesting to you and do them well. Signing on to too many activities will not only leave you stressed out, it won’t give you enough time to study or sleep.
7. Visit Career Services.
Prepare your resume and sample cover letters as you would a brief.  Then visit your Career planning office for review and advice on planning your career. The general rule is that Career Services can begin meeting 1L students on November 1. Try to get into their office soon after to start thinking about your plans for next summer! Most legal employers cannot accept your applications or resumes until December 1, but when that rolls around be ready to go!
8. Take some time for yourself.
Take a break! It is important not to lose sight of things that you were interested in before starting law school. Exercise, watch reality TV or your favorite movie, play a mindless video game, or attend the latest play at your local theater. It’s easy to get bogged down in everything that you have to do, but maintaining parts of your life that you enjoyed before law school is important to remaining who you are!

Source: https://diversityinpractice.org/8-tips-for-success-in-your-first-year-of-law-school/


13
SCLS Law Olympiad (Season 2.0) Hosted by Society for Critical Legal Studies - SC

"Voice against Human Rights Violations, Steps Towards Humanity"

Olympiad is a practice of intelligence and excellence. A platform where young prudent minds gather to explore the new horizon of knowledge.

Society for Critical Legal Studies(SCLS) is proud to announce its signature event for the very Second time titled 'SCLS Law Olympiad-Season ll' on Human Rights.

Eight issues regarding human rights will be delivered to the participants, where they have to come up with best possible solutions by the means of intensive discussion. The grand event has been designed into several segments for two days.
Program Schedule: Law Olympiad Season ll

SCLS Law Olympiad consists of 5 Rounds.
-Argumentative Skill Round (Preliminary)
-Critical Eye Round (Preliminary)
-Rebellious Spirit Round (Individual Round)
-Action Plan Round (Semi-final Round)
-Symposium (Final Round)

Each Round's Winner will be rewarded along with Champion and Runner-Up award.

Date: 28-29th September

Qualification: Law student of any year or semester.

-64 young legal minds
-32 teams
-8 Different Contexts/Agendas
-2 days of Intensive legal analysis .

Inquisitive young legal minds from all the law schools are cordially invited.

Brace Yourselves for intellectual battle and Let's speak the voice humanity.

N:B: Registration opens soon.

Source: https://www.facebook.com/events/1092756470872974/?active_tab=about

14
Bangladesh Judicial Service Commission / Separation of the Judiciary
« on: September 24, 2018, 05:11:28 PM »
Separation of the Judiciary Since the beginning of the British colonial rule, the question of separation of the judiciary from the executive has been a continuing debate. By Regulation III of 1793, Governor General cornwallis divested the Collector of all judicial powers. The judge of the Diwani Adalat (civil court) came to be known as Judge-Magistrate. After Lord Cornwallis and until the year 1828, there was considerable debate on the question of separation of the judiciary from the executive at the district level. His successor wellesley supported the concept of separation because it was in conformity with the principles of British Constitution. His attempt to extend the system to other provinces such as Madras, was opposed by Munro who found the system wholly artificial and foreign. From 1814 onwards, the east india company pressed the Bengal Government to consider the Madras model ie union of judicial and executive powers at the district level. Ultimately Lord Hastings government empowered the Governor General-in-Council by Regulation IV of 1821 to authorize the Collectors and other Revenue officers to exercise powers of magistrates. By 1829 vesting of magisterial power on the Collectors and other Revenue Officers was complete. The controversy with regard to the issue of separation reappeared and continued until 1921. During the period from 1853 to 1921, as many as four reports were prepared on the issue of separation of the judiciary from the executive. The first was in 1893, the second in 1900, the third in 1908 and the fourth in 1913. Inspite of those reports, the structure as laid down in the Code of Criminal Procedure continued until 1921. Thereafter Islington Commission was formed by the Secretary of State for India in 1912 to enquire into the problems of judicial administration in India. In its report submitted on August 14, 1915 the Commission opined that legislation would be necessary to effect separation of executive and judicial functions of the officers. On April 5, 1921 the Legislative Council adopted the following resolution: 'This Council recommends to the Government that early steps be taken for the separation of the judiciary from the executive functions in the administration of this Presidency.'

The Government of Bengal set up a committee headed by a judge of the High Court to work out the details of the scheme of separation. In 1922 the report was submitted, but for reasons not publicly known, status quo was maintained.

The Constitution of 1956 of the then Pakistan adopted as one of the directive principles of state policy, the separation of judiciary from the executive as far as practicable. To give effect to the constitutional provision, the then government of East Pakistan introduced the Code of Criminal Procedure (East Pakistan Amendment) Bill in the East Pakistan Legislative Assembly, and it was passed and assented by the governor on 11 November 1957. In the statement of objects and reasons of the bill it was stated that the scheme of separation would be effected gradually. The law provided for notification by the government to implement the provisions of the Act to such area as and when provisions of the Act was to be applied to it. But the provisions of the Act could not be implemented even gradually due to the resistance from the officers of the administrative branch by issuing any such notifications. Subsequent Constitution of Pakistan (1962) did not contain any provision for separation of the judiciary from the executive. After liberation of Bangladesh, the Constitution of Bangladesh, in regard to the subordinate courts, provided for adequate safeguards for ensuring the independence of such courts. It required that appointment of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President (a) in the case of district judges, on the recommendation of the Supreme Court, and (b) in case of any other person, in accordance with rules made by the President after consulting the Public Service Commission and the Supreme Court.

The Constitution further required that the control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest in the Supreme Court. In addition to the above safeguards the Constitution of 1972 provided in Article 22: 'The State shall ensure separation of the judiciary from the executive organs of the State.'

The curtain of the continuing debate regarding the separation of the judiciary from the executive was finally drawn consequent upon a judgment of the Appellate Division of the Supreme Court on 2 December 1999 in Masdar Hossain's Case (52 DLR, 2000). The judgment, in effect, declared that Bangladesh civil service (judicial) be considered as an entity separate from those of other services, and directed the government that magistrates exercising judicial function should be separated from the administrative cadre. The recruitment, pay scale, posting etc should be separate from executive control and supervision. Such powers should be vested in the Supreme Court. It was further directed that (a) one Judicial Service Commission, (b) one Judicial Pay Commission for judicial officers be formed, and (c) all necessary amendments be made in the relevant laws to give effect to the above directives.

Two political governments did not implement the directives of the Appellate Division due to vehement opposition of the administrative branch of he Civil Service. Caretaker government that came into existence on January 11, 2007 promulgated the Code of Criminal Procedure (Amendment) Ordinance 2007 (Which subsequently became an Act in 2009) for the purpose of separation of the judiciary from the executive branch of government. Under the said Ordinance (now Act) magistrates are of two classes: judicial magistrates and executive magistrates. Judicial magistrates are to perform judicial functions and executive magistrates are to perform executive functions. In addition to the promulgation of the said Ordinance, Caretaker Government reframed Judicial Service Commission Rules and Judicial Service Pay Commission Rules in 2007 and reconstituted the Judicial Service Commission and Judicial Service (Pay Commission). Similarly Judicial Service (Construction of Service, Appointment in Entry Post, and Suspension, Dismissal and Removal) Rules and Judicial Service (Posting, Promotion, Granting of Leave, Control, Discipline and other Conditions of Service) Rules were also reframed by the Caretaker Government for fully implementing the directions in the said decision. By notification dated November 1, 2007 amended Code of Criminal Procedure was given effect to. Since then judicial officers have been performing judicial functions of magistracy as judicial magistrates and officers of the administrative branch of the Civil Service have been performing functions of executive and administrative nature as executive magistrates such as maintenance of law and order, prevention of breach of peace, and commission of offences, granting, suspension and cancellation of licence, sanctioning of prosecution or withdrawing from prosecution. In addition to the above, executive magistrates have been vested with the power of Mobile Court, and in that capacity they can impose fine for violating provisions of certain laws and in default of payment of fine by the offender, he could be sentenced to imprisonment for limited period. As a result of the separation of judiciary, disposal of criminal cases in the courts of judicial magistrates including those working as metropolitan magistrates has increased twofold compared to the disposal of such cases previously by the magistrates of the administrative branch of the Civil Service and liberty of the citizens are more secure now than before. [AMM Shawkat Ali]

Bibliography 52 DLR (2000); AMM Shawkat Ali, Aspects of Public Administration in Bangladesh, Nikhil Prokashon, Dhaka, 1993, pp. 96-110,1504; Justice KE Hoque, Administration of Justice in Bangladesh, Dhaka, 2012, pp. 53-55; Code of Criminal Procedure
(Amendment) Act, 2004.

Source: http://en.banglapedia.org/index.php?title=Separation_of_the_Judiciary

15
International Conference on Space Law : Implications in Developing Countries

Space race started with the launch of the Sputnik 1 in 1957 and international community felt the necessity of adopting international space law for proper exploration and exploitation of the outer space. Fundamental principles of space laws mandate that the exploration and use of outer space shall be carried out for the benefit and in the interest of all countries and shall be the common province of mankind . After passing more than 50 years of space exploration, it becomes very pertinent to measure the effectiveness of space laws. Whether the laws are equipped enough to safeguard the interests of non- space- faring countries; what initiatives now need to be taken for ensuring equal and equitable interests of all countries of the world and what should be the role of national space legislations etc. On 11th May 2018 Bangladesh as the 57th country sent its 1st geo-stationary satellite Bangabandhu Satellite-1 which brings ample opportunities in telecommunication, broadcasting, weather forecasting and navigational sectors of the country. Accordingly, the development in national space law is very necessary for ensuring the interest of Bangladesh in outer space.
Keeping all these issues in view, Green University of Bangladesh is going to arrange the country's first 2 days international conference in Space Law on 16 August, 2018. The theme of the conference is "Space Law: Implication in Developing Countries". This conference will provide a multi-disciplinary platform for international and national experts to discuss and learn various aspects of space activity aligned with international space law and policy. Therefore, the conference aims to bring together leading academic and non-academic researchers, legal experts, innovators, investors and students to exchange and share their experiences, concerns and challenges in the field of space law and activity.

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