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The vision of research in the arena of International Law is to work and develop new principles on different areas such as public international law, international human rights law, international humanitarian law, international criminal law, international trade law, international investment law, law of the sea etc. The research on International Law addresses the issues where two states might have a conflicting interest and it tries to resolve that conflict through some specified rules in the form of a treaty or agreement
The mission of the Iinternational Law is to focus on the interaction of states among each other. Research in International Law facilitates to accelerate the peaceful relation among the states by encouraging cooperation among each other in issues such as respecting human rights, resolving international conflict, facilitating international trade etc.
Safeguarding Investor Rights in Bangladesh: An Examination of International Investment Law and Implication
Hate Crime towards Rohingya involves Incitement to Genocide: An Empirical Approach based on the Rohingya Refugee Camps in Bangladesh
Causes of Rohingya Genocide in Myanmar and the thoughts on repatriation: Evidence from the Rohingya Refugee Camps in Bangladesh
Human Rights Paradox in the International Intellectual Property: Setting the Pecking Order’ in Borhan Uddin Khan and Md Jahid Hossain Bhuiyan (eds) ‘Human Rights after 75 Years of the Universal Declar...
In today's world, the impact of climate change has become paramount and one of the most pressing challenges facing humanity. This research delves into the intricate correlation between climate change ...
In Bangladesh, the legal landscape regarding third-party sexual history evidence (TPSHE), also known as ‘immoral character’ evidence, in rape trials has recently undergone significant transformations....
In Bangladesh, family matters of individual religious communities are typically administered by corresponding religious laws. Notably, Muslim family law in Bangladesh demonstrates a significant effort...
The main ethos behind SDG goals is to recognize that any action in one area can impact results in others. The goals are focused on attaining a balanced and all-inclusive development which will ensure ...
The Legal framework on guardianship of minors developed under the Roman Law. Later, Islamic Law also addressed the issue in a progressive and dynamic manner. Nevertheless, most of the jurists have failed to appreciate the beauty of that dynamism and therefore could not interpret it in a manner which is conducive to the changing needs of the society. During the British rule in the Indo-Pak Sub-continent, the principal legislation governing the guardianship and custody of the children in Bangladesh was enacted, keeping the personal laws intact. The law apparently favours father and in practice tilted towards father as an absolute guardian of minor in any case irrespective of the interest and betterment of the children. International law dealing with the rights of the children also called upon the states to give the paramount importance on the best interest of the children on any matter including the guardianship. But our precedent setting courts could not go beyond the black letters of law and largely remained indifferent on their role in removing justice and in establishing substantive equality and justice in the society. In many cases where mothers are found as competent enough and fit as a guardian, yet the courts refused their stance. Only exceptionally, our higher court has given the guardianship to mothers. But as a matter of fact, those progressive decisions have not received mainstream attention by the country-wide Family Courts. However, as a routine matter, Family Courts are granting the absolute right to guardianship to father and refusing the mothers’ rights to guardianship in any case without fully understanding the implications of existing laws and judicial decisions. Mothers’ role for rearing and caring of children is well known but beyond these mothers can also play a pivotal role in protecting and managing the property of children which is ignored for long. The submission in this research is to break down the silence which leads to grave injustice. It is found in the present research after an in-depth doctrinal analysis that, there is no bar legally to grant the guardianship to the mothers. It is further submitted to have more constructive role by the higher judiciary of Bangladesh at the same time the lower judiciary i.e. Family Courts should not vacillate to grant guardianship to the mother when they are found as a competent.
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