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Messages - Ferdousi Begum

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1
State must fulfill its responsibilities towards the citizen.

2
Informative for our students.

3
We should notify our students.

4
Law / Re: Covid-19 and State’s obligation to safeguard human rights
« on: August 17, 2020, 06:14:51 PM »
I read the article. But even in time of peace, State may not be able to ensure our human rights.

5
Corporate Legal Job / Re: legal Officer Bangladesh Bank
« on: August 17, 2020, 06:12:35 PM »
We should notify our students.

6
Bangladesh Judicial Service Commission / Re: Separation of the Judiciary
« on: August 17, 2020, 06:11:10 PM »
Welcome dear.

7
Students should take part in it.

8
Stress is not good in any case.

9
Law / Legal Entity of Rivers
« on: July 17, 2020, 10:21:18 AM »
It has been one year since the HCD of the Supreme Court of Bangladesh has declared Turag river as a living entity. There are 17 directives and many observations that have been made by the Court. Specially the one that the State and other concerned departments of the government will comply with this ruling and take necessary steps to save the river from pollution and encroachment. But still we do not see any such steps are taken. Recently though the Uttarakhand Court of India made declaration of the Ganges and Yamuna rivers as legal entity, afterwards they made the declaration void under legal ramifications to abide by the previous order of the Court. Various jurisdictions of this world declared rivers as living entity which may be seen as the legal developments of the environmental law yet there implementation may be a challenge in every jurisdiction.

10
Law of Bangladesh / Who owns our laws?
« on: February 17, 2020, 02:35:24 PM »
On June 25, 2019, an editorial of The New York Times was published based on the Georgia v Public.Resource.Org (a case about whether the State of Georgia can assert copyright in its annotated state code). The State of Georgia sued the Public.Resource.Org, a non-profit organisation, for scanning and uploading all volumes of annotated Georgia State Code. This, in fact, triggers a pertinent question - should not the law be made accessible for all, and in a democracy should not the people and people alone own the law? Critically, it touches a serious concern on copyright over ‘public documents’. Relevantly, I found a piece published in Spicy IP, ‘‘Shouldn’t we liberate laws from the clutches of copyright law?’’ by Dr Arul George Scaria, which in turn inspired me to write this piece. Dr Arul, explored three key questions, (a) does copyright exist in Act of the Parliament? (b) if so, who owns it? (c) finally, whether reproduction or publication would be considered as exception to copyright infringement? As I understood, on premise of right to know and access law, he aptly argued that Indian laws should be freed from the barrier of copyright and any reproduction or publication should be considered as exception to copyright infringement. I was wondering about the conditions in Bangladesh and how we could relate the similar narrative to our context.

Section 2(40) of the Copyright Act, 2000 of Bangladesh, delineates that “government work means a work which is made or published by or under the direction or control of … (b) the legislative authority in Bangladesh; (c) any court, tribunal or other judicial authority in Bangladesh’’. Section 30 fixes the term of protection for government work until sixty years from the following year of publication. Thus, laws and judicial decisions of Bangladesh are copyrightable by the government. Section 71 of the said Act outlines certain situations and conditions in which reproduction or publication constitutes copyright infringement. Section 72 lists out number of exceptions to infringement of copyright. As per the provisions of section 72(17), the reproduction or publication of Act of parliament per se without any commentary shall not be treated as exception to infringement of copyright of government. However, this would not be the case for any judgement or order of the court unless it is otherwise provided.

Acts of the Parliament and key judgements of the Supreme Court of Bangladesh are now officially made available online and accessible to all for free. Yet, the dearth of accessible up to date official or translated version of laws and judgements exists despite some paid law reports. How far the judgements of the court can be reproduced or published commercially taking advantages of copyright exemption? Regrettably, we see foreign corporation sells our judgements to us, claims copyright over it and makes money from our law schools and research institutes. The question remains should any commercial gains by the private publishers from copyright exemptions be allowed?

 The US ‘fair use’ or UK ‘fair dealing’ doctrine as transplanted in various jurisdictions of the world prohibits commercial use. It was argued by the publishers in Delhi University Photocopy Case (2016); however, the court exempted the ‘course pack’ as ‘non-commercial use’ based on its nature, scale and impact on the market on one hand and the right to education of the students on the other. In 2017, Arpit Bhargava, a petitioner filed a PIL in Delhi High Court challenging the publication of bare Act by private publishers, infringing government’s copyright and making undue profits? It was also argued that government is under legal obligation to make the laws accessible at reasonable price, if not for free, because citizens have the right to know. Similar arguments may be spelled out in our context which would reasonably include copyrighted commercial use of judicial decisions as well.

Surely, the availability of laws and judicial decisions would be useful for furthering our legal education and research to which our honourable Apex Court expressed concerns and provided guidelines (albeit on maintaining quality of it, in Professor Syed Ali Naki and others v Bangladesh and others, HCD, 2016) and Bangladesh Bar Council and others v A.K.M. Fazlul Kamir and others, AD, 2017). The accessibility of law and judicial decisions will justify the imposition of the maxim ‘ignorantia juris non excusat’ and facilitation of constitutional duties of knowing and observing the laws under article 21 of the Constitution of Bangladesh. Thus, the government should adopt initiatives such as creative commons or digital repository and/or allow private entities to make our laws and judgements accessible for free. Thus. the significant question remains, should not we revisit our copyright regime and liberate our laws?

Writer: Ataul Karim, Senior Lecturer in Law, East West University, Bangladesh.
Source: https://www.thedailystar.net/law-our-rights/news/who-owns-our-laws-1853968

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The Research Dissemination Meeting on 'Justice for Rape: Prohibiting Character Evidence in Rape Cases' is held from 3-5 PM on Monday, 20 January 2020 at Chhayanaut Auditorium (House 72, Road 15/A, Dhanmondi R/A, Dhaka 1209) organized by BLAST. This event is part of their 'Rape Law Reform Now Campaign', through which they hope to incite discussion among relevant stakeholders about the urgent need to amend some of our discriminatory and exclusionary provisions on rape. BLAST believes it is important that university students are also part of this discourse. Therefore, around 17 students from Batch 35, the Department of Law, DIU went there as participants of that program under the guidance and supervision of Ferdousi Begum, Senior Lecturer, Dept. of Law, DIU. Students enjoyed the discussion.

12
Research & Publication / UAP: Call for Papers
« on: August 07, 2019, 12:21:54 PM »
University of Asia Pacific Journal of Law and Policy (ISSN 2518-024) (UAPJLP), Special Issue on Rohingya Crisis

The Department of Law and Human Rights, University of Asia Pacific (UAP) is going to publish a Special Issue on Rohingya Crisis in the University of Asia Pacific Journal of Law and Policy (ISSN 2518-024) (UAPJLP). Original research based articles in law and policy areas are invited for publication in the upcoming issue. You may submit your manuscript to the Editor-in-Chief Email: UAPJLP@UAP-BD.EDU within October 31, 2019.   

For details, you may visit the following links:
1. Guidelines for submission: http://uap-bd.edu/lhr/journal/submission-guidelines/
2. Latest Issue: http://uap-bd.edu/lhr/journal/volume-3-issue-1/

Source: http://uap-bd.edu/lhr/journal/call-for-papers/
 






 


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International Conference on Commercial Exploitation of Outer Space through Satellites: Prospects and Challenges in Green University on 23 August, 2019

Outer Space now has opened boundless opportunity for mankind especially using it commercially. The history began with launching of Telster-1 (first commercial satellite) in 1962. Since then many doors have been opened for the commercial uses of outer space including asteroid mining and space tourism. Space faring countries have already taken many actions to accrue the maximum benefits from outer space. In 2018, Bangladesh launched its first geo-stationary satellite i.e. Bangabandhu Satellite-1 (BS-1) in outer space. As a communication satellite, BS-1 reduced the dependency on foreign satellites for broadcasting, telecommunications and weather forecasting especially during natural disasters. It can prevent shelling out $14 million per year for 34 television channels in Bangladesh which are using MHz bandwidth from foreign satellites. At the same time it can earn $10 million annually from local television channels for satellite communication. Moreover, money earned by renting some of its transponders will also contribute for earing foreign currencies. However, access in outer space and its exploitation is heavy dependent on financial and technological assistance of developed countries. It is often argued that benefits from space exploitation are bagged by space faring countries. Therefore, it becomes very pertinent to measure the effectiveness of international space laws especially for commercial exploitation. Thus the challenges embark on imbalance in fundamental principles of space laws, as the practice does not always recognize the interest of all the countries. The most discussed question are whether the laws are equipped enough to safeguard the interests of non- space- faring countries and what initiatives now need to be taken for ensuring equal and equitable interests of all countries of the world keeping pace with the role of national space legislations etc.

Keeping all these issues in view, Green University of Bangladesh,consecutively second time, is going to arrange the international conference in Space Law on 23 August, 2019. The theme of the conference is "Commercial Exploitation of Outer Space through Satellites: Prospects and Challenges". 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.

Objectives of the conference

To highlight the recent trends of commercialization of outer space.
To focus on the recent development of Commercial Exploitation in Outer Space.
To overview international practice for regulating space commercial activities.
To discuss the possible areas of exploitations in outer space for developing nations
5. To highlight the challenges for developing nations in space activity.
To find out the means of equitable and equal sharing of benefits of space exploration.
Who Should Attend:

The conference is planned for decision makers, technical experts, researchers, educationists and students involved in space law and technology from international, regional, national and local academic institutions, governmental agencies, non-governmental development agencies and also from private industries engaged in space related activities. Experts and professional from space related institutions are welcome to attend.

Call for Papers:

Participants are kindly encouraged to contribute in the conference through submissions of their research abstracts and/or papers on the conference topics as highlighted. High quality original research articles will be published free of charge in an Edited Book or any of the 3 Green University Research Journals i.e Green University Review of Social Science, a peer reviewed international research journal (ISSN 2313-237X), Journal of Green Business School (ISSN 2522-7297); GUB Journal of Science and Engineering (ISSN 2409-0476).

Topics:

The conference will be a blend of presentations by our esteemed resource persons and paper presenters. Topics of interest for submission include the following sub-themes, but are not limited to-

Benefits of Space for sustainable development goals
Commercial exploitation in Outer Space and its legal and technical challenges.
Business prospects through satellite.
Outer Space and developing nations.
Orbital slot and Transponder leasing.
Space Tourism in future global attraction.
National Jurisdiction over outer space for its commercial uses.
Academic and industrial link up in space activity.

Source: http://law.green.edu.bd/2nd-Space-Law-Conference/

14
When anybody’s name is entered in the roll of the Bar Council he/ she will be known as a Advocate but not as a Member of the Bar Council. Membership of the Bar Council is quite different thing. This is an elected position. Advocates on the roll elect from amongst themselves 14 persons as Members of the Bar Council for a term of three years. The Government may, in some extraordinary situation, nominate persons to act as Members of the Bar Council.

Source: http://www.barcouncil.gov.bd/

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International Conference on the Rohingya Crisis in Comparative Perspective to be held at Institute for Risk and Disaster Reduction (IRDR), University College London (UCL), London, UK.

Link: https://cgsdu.org/

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