Master of Laws -LLM (Final)

1. Introduction

LL.M. Program includes a list of all courses offered for LL.M. (final) degree.

2. Length of the Program:

The duration of the LL.M. program will be one year for the candidates who have completed a 4-
year LL.B. (Honors) degree from any reputed university or institute recognized by the
Government of Bangladesh. But those who have completed a 2 year LL.B. degree under the
National University Bangladesh (i.e. an LL.B. pass degree) will, however be required to
complete a one year LL.M. Preliminary for admission into the LL.M.(Final) program.

3. Courses offered (Outline)

Semester I

Course Code Course Name Credits

ALT-413 Advanced legal theory 3

SALH-414 South Asian legal history 3

PIL-429 Private International Law 3

IO-426 International Organization 3

Total courses 4 Total credits 12

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Semester II

Course Code Name of Course Credits

ITL-430 International Trade Law 3

LOS-431 Law of the Sea 3

MLS-432 Muslim Law of Succession 3

IHL-433 International Humanitarian Law 3

Total courses 4 Total credits 12

Semester III

Course Code Course Name Credits

IPL-440 Intellectual Property Law 3

HR-441 Human Rights 3

IEL-442 International Environmental Law 3

RML-443 Refugee and Migration Law 3

Total courses 4 Total credits 12

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 LL.M. (Final): COURSE CONTENTS
Course Code: ALT-413
ADVANCED LEGAL THEORY
Marks: 100
Objectives

This course will explore the central philosophical issues involved in the study of law. It will
provide an analysis of fundamental ideas and basic structures of a variety of legal theories
including contemporary positivism, natural law and legal realism, as well as a focus on legal
problems of special relevance to civil and criminal law.

We will deal with some topics in the moral foundations of liberal order such as freedom of
speech and the security of the state, as well as some legal foundations of capitalism such as the
no-fault liability in tort and the structures of contractual obligation. The problematics of
hegemony and dominance in modern civil societies will stand at the center of our attention.

An examination of the relation between law and ethics will be our starting point. We will include
two special approaches to the study of law, namely that of the relation between law and ideology
on the one hand and of law and economics, on the other. We will conclude with a consideration
of the historical and anthropological foundations of the dominant legal cultures.

Contents

Pure theory and revival of positivism: Hans Kelsen and H.L.A. Hart.

Revival of natural law theory: John Rawls.

Historical materialist approaches to law: E.V. Pashukanis and the critique of legal form.

Modern trends: postmodernism and feminist approaches.

Theories of sovereignty and states of exception: Walter Benjamin and Girgio Agamben

Readings

Jeffrie Murphy and Jules Coleman, Philosophy of Law: An Introduction to Jurisprudence, reprint
(New Delhi: Oxford University Press, 2004).

H.L.A. Hart, The Concept of Law (New Delhi; Oxford University Press)

3
John Rawls, A Theory of Justice (New York: Vintage Books, 1971).

Ronald Dworkin, Taking Rights Seriously, (New York, 1977).

Girgio Agamben, States of exception (Chicago: University of Chicago Press, 2001)

J. Austin: Lectures on Jurisprudence

Roscoe Pound: An Introduction to the Philosophy of Law

J. Friedman: Legal Theories

J. Feinsberg & Hyman Gross (ed): Philosophy of Law

Smart: Feminist Jurisprudence

Mackinson: Toward a Feminist Theory of the State

H.L.A. Hart: Positivism and the Separation of Law and Morals

Course Code: SALH-414

SOUTH ASIAN LEGAL HISTORY
Marks: 100

Objectives

This course investigates into the origins, development, including the current conjuncture, of
administration of justice in South Asia. We look closely into the introduction of selected aspects
of the English legal system in colonial India. We deal with, first, the introduction of English
procedural law and, secondly, the retention of certain aspects of family law for the religious
communities. Thirdly, we focus on the evolution of the political or constitutional aspects of the
law.

Considerations in this course include the common law tradition, based on an ethic of
adjudication, and the two major South Asian traditions, namely the Islamic and the Brahminical.
These latter two involve considerations of the role of reason and revelation in law. Our objective
is to sustain an awareness of the diversity that had gone into the making of the modern South
Asian nations and their legal traditions.

4
Special attention will be given to certain elements of Brahminical and Islamic laws as colonial
scholars found useful in their system of administration. For instance, the ‗Gentoo Code‘ so-
called, and the ‗Hedaya‘, both translated by orientalist scholars at the behest of the colonial
administration, are treated as sources of traditional law. These will be treated in some detail in
this course. We will, in addition, deal with codification of both procedural and substantive laws
in India.

Legislation in post-colonial South Asia in selected areas, such as the reform of Hindu and
Muslim law, will also be covered. The question of fundamental rights and fundamental or
directive principles of state policy will also be at the centre of our attention. The structure and
functions of the Supreme Courts and its burgeoning jurisdiction is also of interest for this course.

Contents

Introduction of English legal system in colonial enclaves South Asia.

Rule of law as an ideology: the Supreme Court in the 18th century.

Rule of law and the regime of regulations

Codification in the late 19th century: English procedural law.

High Courts of judicature and subordinate judiciary: principles of equity and justice.

Reform of Hindu and Muslim laws

Developments in constitutional law: introduction of separate electorates in the 20th century and
partition.

Constitutional laws: Federalism and self-determination in South Asia.

Readings

V.D. Kulshreshtha, Landmarks in Indian Legal and Constitutional History (Lucknow: Eastern
Book Company, 1994).

H. Patrick Glenn, Legal Traditions of the World: Sustainable Diversity in Law, 2nd ed. (Oxford
University Press, 2004).

3. M.P. Jain: Outlines of Indian Legal History, (Nagpur, 5th ed. Wadhwa and

Company, 2000)

5
4. J.K. Mittal: Indian Legal History

5. C. Sinha: Indian Civil Judiciary in Making

6. Morley: Administration of Justice in British India.

7. Sitalvad: The Common Law of India;

8. M. I. Patawari: Legal Systems of Bangladesh.

9. Azizul Hoque: The Legal Systems of Bangladesh, BILIA, Dhaka

10. Barrister Abdul Hakim: The Legal Systems of Bangladesh.

11. Kazi Ebadul Hoque: Administration of Justice in Bangladesh

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Course Code: PIL-429

Private International Law
Marks: 100

Private International Law: General part

Different names; Definition; Nature and scope: Difference between Public 8

Private international law; How PIL become Public International law; Historical
Antecedents and development of private international law; The consecutive stages
in an action involving a conflict claw; Logical & legal basis of conflicts of laws;
Conflicts of classification-determination of the main legal category- factors
influencing the choice of governing law-Solution of the conflicts of classification-
implementation of ascertained governing law; Doctrine of Renvoi;
jurisdiction of court; Proof of foreign law; function of foreign law in domestic
courts; Forms of examination of cases containing a foreign element: Direct method
in private international law; Domicile contracts; Torts, Marriage, Divorce,
Legitimacy litigation and adoption, infancy and mental disorder; Wills, the
destination between movable and immovable property; the law of movable; the law
of immovable; recognition or enforcement of Foreign Judgments; Procedure.

Hague Conference on Private International Law:

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The organizations‘ purpose regarding progressive unification of the rules of private
international Law.

International Institute for the Unification of Private Law (UNIDROIT)

Role of this global institution.

Books:
American Law Institute, Restatement of the Law. Second: Conflict of Laws 2d
(St. Paul: American Law Institute).

Dicey arid Morris on the Conflict of Laws (13th ed., London: Sweet & Maxwell,
2000).
Peter North, J.J. Fawcett, Cheshire and North‘s Private International Law (13th ed..
London: Butterworths, 1999)

Cheshire, North 8 Fawcett, Private International Law (Oxford University Press,

USA, 14th edition, 2008).

Alan Reed, Anglo-American Perspectives on Private International Law (Lewiston,

N.Y.: E.Mellen Press, 2003)

Eugene F Scoles, et al., Conflict of Laws (4th ed,. St. Paul, Minn:
Thomson/West, 2004)

Dr. Ghalib Aldawoudi, Private International Law Wale‘s Publishing House, 2005.

Dr. Ibrahim A Ibrahim, Private International Law First Part Cairo 1969.

David P Stwart, Private International Law - A Dynamic and Developing Field. 30

U. PennJ. Int‘l L. 1121.31 (2009).

Other Issues:

7
Paul R. Beaumont. Peter E McEleavy. The Haque Convention on International
Child Abduction (Oxford New York: Oxford University Press, 1999)

Andrew S.BeII, Forum Shopping and Venue in Trarisnalional Litigation(Oxford.

New York: Oxford University Press. 2003), See also the other volumes In the
Oxford Private International Law Series by searching this title on Lqwcat

David Epstein et al., International Litigation: A Guide to Jursidiction, Practice and

Strategy (3rd ed, Atrdsley, NY.: Transnational Publishers. 1998).

European Private International Law (Bernd von Hoffmann ed., Nijmegen, Holland:
Ars Aequi Libfl. 1998).

WA. Kenneti, Enforcement of Judgments in Europe (Oxford (England) New York

Oxford University Press, 2000)

The Practice of Transnational Law (Klaus Peter Berger ed., The Hague; Boston:
Kluwer Law International, 2001).

Some Relevant Journals:

• Journal of Private International Law (Oxford, UK: Hart. 2005)

• GPR Zeitschrft FurGemeinschaft Sprivatrecht= European Cornmunity

Private Law Review - Revue de Droit Pive Communautaire (Munchen:
Sellier; Heidelberg: Verlag Recht und Wirstchasft. 2003).

• European Review of Private Law (Dordrecht. The Netherlands Kluwer Academic

Publishers, 1993).

• Uniform Law Review (Rome. International Institute for the Unification of Private
Law), Also available on Hein Online,

• Zeitschrift fur Europaisches Privatrecht: ZEuP Munchen: C.H. Beck, [1993].

8
• The American Journal of Comparative Law ( Berkeley: American Association for
the Comparative Study of Law, 1952). Available of Hein Online.

• The International and Comparative Law Quarterly ( London: Society of

Comparative Legislation, 1952). Available on Hein Online.

• Maastricht Journal of European and Comparative Law (Antwerp: Kaklu: Baden-

Baden: Nomos, [1994].

Course Code: IO-426

Law of International Organizations
Marks: 100

Objectives

The course is the body of international law that concerns the protection of the
global environment. Originally associated with the principle that states must not
permit the use of their territory in such a way as to injure the territory of other
states, international environmental law has since been expanded by a plethora of
legally-binding international agreements. These encompass a wide variety of issue-
areas, from terrestrial, marine and atmospheric pollution through to wildlife and
biodiversity protection.

Contents:
1. International Organizabons: Concepts-Emergence-Organizations of the ancient
time.

2. General Characteristics of International Organization- Its nature and importance-

Its relation with International Law-Legal personality of International
Organizations-Organic structure and classification of International Organizations-
Membership, decision making and dissolution of the International Organizations.

3. League of Nations-Its origins-Principal Institutions-Failures-Evaluations.

9
4 The United Nations Organizations-Its Background-Objectives-Purpose Principal
Organs-The International Criminal Court-Future and Prospects of the United
Nations.

5. Specialized Agencies of the United Nations-Its Provisions in the UN Charter

Common Features-Its Relations with the United Nations-Compositions, Powers
and Functions of all the Specialized Agencies of the United Nations; International
Atomic Energy Agency and World Trade Organization.

6. Regional Organizations-Its Provisions in the UN Charter-General

Characteristics, Objectives and Functions of the Regional Organizations-Its
Classifications.

7. Some of the significant present day Regional Organizations-The Arab

League-The Organizations of the American States-The African Union-The
European Union-The Association of the South East Asian Nations-The
South Asian association for the Regional Cooperation-The Atlantic Treaty
Organization-The Western European Union-The ANZUS.

8. Some Special Organizations-The Commonwealth-The Non Aligned Movement-

The Organization of the Petroleum exporting Countries-The Organization of the
Islamic Conference.

9. Newly formed International Organizations shall be Included,

Books Recommended:

Bowett, DW: The Law of International Institutions (Latest edition)

Good Speed, S.S. : The Nature and Function of International Organization.

Starke, J.G. : Introduction to International Law.

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Dr. Robiul Hosain : International Organization (2010).

10
 Course Code: ITL-430
International Trade Law
Marks: 100

1. Origin and Development: Historical background and development of

International Trade Law-Scope and Nature of international Trade Law Different
Principles and issues.

2. International Finance Institutions: Contribution of Brettonwoods

Economic Conference-World Bank Group-IBRD, IDA, IFC, MIGA, ICS1D;-
IMF-GATT-Role of UN-UNCTAD-UNICITRAL.

3. WTO Mechanism: Background and objectives of WTO-TRIPS

Agreement-Dumping and Anti-Dumping Measures WTO Agreement on.
Agriculture, agreement on Services. Dispute Settlement Procedure

4. Regional Trade System: OECD-Europe.an Union-NAFTA- SAFTAS APTA-and

other Trading Agreements.

5. New International Economic Order: Introduction-United Nations initiatives-

trade imbalances-Problem of North-South Cooperation

6. International Trading Contracts: International Sales Contracts Applicable Laws-

Liabilities of Parties to a Contract for Sale of Goods- Carriage of Goods by Sea-
Marine Insurance-international Law relating to Bill of Trading and Shipments

7. international Commercial Litigation and Related Issues: Conflicting Rules-

Forum Convenience and Forum Shopping-Applicable Laws

8. Dispute Settlement Resolution: WTO Dispute Resolution Mechanism-

International Commercial Arbitration-UNICITRAL-Model Law on Arbitration-
ICSID Arbitration-Domestic implementation of Foreign Arbitral Award

11
9. International Instruments:

(a) Declaration for the Establishment of NIEO. 1974; The Charter of

Economic Rights and Duties of States, 1982; UN Convention on
Contracts for the International Sale of Goods: Convention on Conditions
for Registration of ships, 1968; Convention on international Carriage of
Goods by Sea.

(b) The Hague Convention. 1986 on the Law Applicable Contracts for the
International Sale of Goods

(c) Un Convention the Recognition and Enforcement of Foreign Arbitral Awards;

UNICITRAL Arbitration Rules

Books Recommended:

P. Carcenic — Essays on International Commercial Arbitration London, 1989

MichaeI J. Trebil — The Regulation Of International Trade

M Rafiqul Islam - International Trade Law, LBC. 1999

lndira Car - Principles of International Trade Law. London. 1999

Pamelle sellman - Law of International Trade. Old Bailey, 2003.

P. Gillies & M. Moens (ed.) - International Trade and Business Law, Sydney,
1998.
JDM Len & C. Stawbook (ed.) - International Trade Law of Practice, London.
1990

12
 Course Code: LOS-431
Law of the Sea
Marks: 100

Objectives

The course aims to give the students a broad introduction and knowledge of the Law of the Sea,
including its development and the political and institutional aspects. Further, the course shall add
to the skills of the students to identify, analyze, explain and solve legal problems; both on a
theoretical and a practical level. There will be a special focus on the relevance and application of
the Law of the Sea to the Arctic and to the Indian Ocean areas.

Delimitation of maritime boundaries – topical areas of interest in Bangladesh today will be given
special attention.

Contents:

Law of the sea-concept, scope, emergence of Mare Liberum (1625) and Mare Clausum (1935)
doctrines, their development; UNCLOS I, UNCLO II and UNCLO III-UN Convention on the
Law of the Sea, 1982 (LOS Convention); delineation of baselines-normal, straight, deltaic,
archipelagic and historic; sea zones within and beyond national jurisdiction: (a) within national
jurisdiction-internal waters, territorial sea, contiguous zone, exclusive economic zone (EEZ),
continental shelf; (b) beyond national jurisdiction-High Seas and ‗Area‘ (deep sea region); land-
locked and geographically disadvantage states, their positions, regime of Islands highlighting the
issues of South Talpatty Island; High seas freedoms; Activities to carry out in the Area-
Common heritage of mankind-Principles applicable to deep seabed mining-Marine scientific
research, marine environment and transfer of marine technology-The Authority, its organs-
Settlement of disputes under LOS Convention with an emphasis on ITLOS and Seabed Disputes
Chamber, Arbitration and Special Arbitration-Territorial Waters and Maritime Zones Act, 1974
of Bangladesh, its problem for delimiting maritime boundaries with the neighbours e.g. India and
Myanmar.

Books Recommended (preferably the latest editions)

Alexander, LM (ed) : The Law of the Sea Offshore Boundaries and Zones, 1967, Ohio State

University Press.

13
Amador, FG : The Exploitation and Conservation of the Resources of the Sea, 1963,

Sijthoff.

Anand, RP : The Legal Regime of Seabed and the Developing Co Countries, 1976,

Sijthoff.

Blum, YZ : Historic Title in International Law (1965), Nijthoff.

Brown, ED : The Legal Regime of Hydrospace, 1971, Stevens.

Bouches, LJ : The Regime of Bays in International Law, 1964.

Bartson & Or : The Maritime Dimension (1980) Allen & Unwin.

Crocker, HG : The Extent of the Marginal Sea (1919), Govt. Print, Press, Washington.

Dubner, BH : The Law of Territorial Waters of Mid-Ocean Archipelago and

Archipelagic States (1976).

Dupuy, RJ : The Law of the Sea-Current Problems (1974), Oceana.

Eckert, RD : The Enclosure of Ocean Resources: Economics and the Law of the Sea (1979),

Hoover Institution Press.

Extavour, WC : The Exclusive Economic Zone (1977), Sijthoff.

Kish, J : The Law of International Space (1978), Sijthoff.

Knight, HG : Managing the Sea‘s Living Resources Legal and Political Aspects High Seas

Fisheries (1977).

Lumb, RD. : The Law of the Sea and Australian Off-Shore Areas (1978), University of

Queens land Press.

Fulton, TW : The Sovereignty of the Sea (1911), Kraus Reprint.

Rahman, MH : Delimitation of Maritime Boundaries, 1991.

Rahman, MH : Legal Regime of Marine Environment in the Bay of Bengal (2007), Atlanta,

New Delhi.

McDougal : The Public Order of the Oceans (1975), New Haven.

14
Wenk, EJ : The Politics of the Oceans (1992).

Tacker, RW : The Inequality of Nations (1977).

Waldock, H : The International Court and the Law of the Sea (1979), Asser Institute.

D. J. Harris : Cases and Materials on International Law (London: Sweet and Maxwell,1998)

Robin R. Churchill and Vaughan Lowe : The Law of the Sea, 3rd ed., (Manchester University

Press:Manchester,1999).

United Nations, The Law of the Sea: Official Texts of the United Nations Convention on the Law
of the Sea and of the Agreement Relating to the Implementation of Part XI with Excerpts from
the Final Act of the 3rd Conference (United Nations: New York, 1997).

Case References:

Abu Arbitration 1 (1951) ICLQ 4 pp 247-261.

Aegean Sea Continental Shelf Case (1977) ICJ.

Alabama Arbitration (1872).

Anglo-Norwegian Fisheries Case (1951) ICJ.

Beagle Channel Arbitration (1977).

Fisheries Jurisdiction Case (1974).

North Atlantic Coast Fisheries Case (1910).

North Sea Continental Shelf Cases (1969) ICJ.

Nuclear Test Cases (1974) ICJ.

Tunisia-Libya Continental Shelf Case (1982) ICJ.

Maritime Delimitation in the Area between Greenland & Jan Mayen (Denmark v.Norway).

Delimination of Maritime Boundary in the Gulf of Maine Area (1984) ICJ.

The M/V Saiga Case (Saint Vincent and Grenadines v. Guinea (1997) ITLOS.

Delimitation of the Maritime Boundary between Bangladesh and Republic of India (2014) PCA

Judgment in Disputes concerning delimitation of Maritime Boundary between Bangladesh and

Myanmar in Bay of Bengal (2012),ITLOS.

15
 Course Code: MLS-432
Muslim Law of Succession
Marks: 100

Introduction:
Defining succession and inheritance, Source, Schools, its relationship to Marriage,
Divorce, Acknowledgement of Paternity, Substitution, Representation.

Sources:
The Qur‘an, The Sunnah, Sunnah of the Khulafaur Rashedun, Fatwa of a
companion, Deducing the Law from its Sources, Revealed Laws Preceding the
Snari‘ah of Islam, Commands and Prohibitions, Naskh, ljma, Qiyas, Istidlal,
Istihsan, lstisah, lstishab, ljtihad, Siyasat Shari’ah, Takhayyur, Talfiq, Fatwa,
Urf. Conflict of Evidences.

Schools:
Sunni Hanafi, Maliki, Shafei, Hanbal; Shia lthna Ashari.
— —

General Rule:

Administration of Estate, Sunni Law of Inheritance Inner Family, Primary heirs,

—

Secondary heirs Lucky Unlucky kinsman, Principles of Umariyyatan. rnariyya and

—

Mimbariyya giving rise to Awl, Radd, Grandmother, Grandfather- Doctrine of Ali (R),
Zaid (R)-further reform of Zaid (R). Outer Family. Shia Law of Inheritance-Class
system,Meaning of Child, Childless Widow, Awl, Radd, Representation, exception to the
general rule of degree in a particular class, Comparison between Sunni and Shia school of
law.

Reforms in the Muslim World:

Orphaned Grandchildren-Obligatory Bequest-Court, Mufti and Abu Zahra System.

Grandson and Granddaughter-Egypt, Tunisia, Bahrain, Iraq, Palestine, Yemen.
Grandson-Morocco, Syria, Jordan, Kuwait, Algeria, Libya. Rule of Representation-
BangIadesh, Pakistan. Husband and Wife-Radd in all Muslim Countries; Grandfather-
Egypt, Syria, Daughter-Tunisia and Iraq; Outer Family- Doctrine of Imam Abu Yusuf-
Egypt.

16
Bequest:
Capacity of testator, Legatee, One Third Rule, Actual and Legal Heir, Bequest-
General, Special, Joint, Contingent, Conditional, Usufructuary, Failure
Bequest, acceptance by Legatee, pro Rata Abatement, Proportional Abatement,
Ratification, Rise and Fall of Value of Property, Homicide.

Case Law:

Beguman vs Saroo PLD 1964 Lahore 451 [Homicide].

Yusuf Abbas vs Mst. Ismat Mustafa PLD 1968 Karachi 480 [Section 4 MFLO, 1961]

Nazar Muhammad vs Shahzada Begum PLD 1974 SC 22 [Death Sickness]

Sheikh Ibrahim vs Nazrna Begum 44 DLR 1992 AD 276 [Section 4 MFLO, 19611

Maheea and 5 other vs Shaiya and 7others PLD 1991 SC 724 [Homicide)

Farid vs. Manzooran PLD 1990 SC 511 [Section 4 MFLO, 1961]

Editor, Banglabazar Patrika vs. Dist. Magistrate Naogaon 6 MLR 2001 HD 45 [Fatwa]
followed by AD case of May 12, 2011.

Statutes:

Provisions of Statutes of so much as is related to Muslim Law of Succession,

The Shariat (Application) Act, 1937.

The Child Marriage Restraint Act, 1929.

The Dissolution of Muslim Marriages Act. 1939

The Muslim Family Laws Ordinance. 1961.

The Family Courts Ordinance, 1985.

Penal Code, 1860.

Pensions Act, 1871,

Evidence Act, 1872[Ss 107, 108, 112)

The Succession Act, 1925.

17
The Provident Fund Act 1925 [Ss. 1-5]

Revised Pension Rules, 1966 gratuity and family pension

Public Servants Retirement Act, 1974.

Public Servants Retirement Rule 1975.

General Provident Fund Rules. 1979.

Books Recommended:

AAA Fyzee : Cases in the Mohammedan Law of India and Pakistan, Oxford, 1 965

Abdur Rahman I. Doi : Shariah the Islamic Law, Ta Ha Publishers. London, 1984.

Alamgir Muhammad Serajuddin : Sharia, Law and Society, Asiatic Society of

Bangladesh, Dhaka 1999.

:
David Pearl : A Textbook on Muslim Law, Groom Helm London, 1979.

DLR Publications : Muslim Family Laws Ordinance. 1961.

Jamal J Nasir : The Islamic Law of Personal Status, Graham & Vrotman, Oxford,
1986.

Muhammad Faizuddin: A text Book on Islamic Law, Shams Publications. Dhaka,

2008.

NJ Coulson : Succession in the Muslim Family Law, Cambridge. 1971.

NJ Coulson : A History of Islamic Law. Edinburgh, 1964.

Syed Khalid Rashid : Muslim Law, Eastern Book company, Lucknow, 2004.

Tahir Mahmood : Family Law Reform in The Muslim World, New Delhi, 1972.

Tanzil-Ur-Rahman : A Code of Muslim Personal Law, Islamic Publisher, Pakistan,

1980.
18
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Course Code: IHL-433

The International Humanitarian Laws
Marks: 100

1. Definition, Nature, Scope and development of Humanitarian Law.

2. Jurisprudential Foundation of human rights. Sources and schools of human Rights.

3. Comparative study and analysis of first generation, second generation and third generation

Human rights.

4. Human rights under different systems.

5. Comparative study of Human right and Humanitarian Law.

6. Human Rights in Armed Conflict: Law of war, Concept of war crimes.

19
Nuremburg & Tokyo Trial.

Rouanda Tribunal.

Tribunal for war crimes regarding former Yugoslavia.

International Criminal Court & War crimes.

7. International Humanitarian Organizations and Red Cross.

8. Implementation of International Humanitarian Law.

9. Protection of Certain Rights on the humanitarian ground: Right of Asylum, Refugees, Minorities,
Indigenous peoples, Women and Children.

10. Hague Convention of 1907.

11. Geneva Convention of 1949, Protocols additions to Geneva Convention, Weapon Convention.

12.Some Case Studies.

Books Recommended:

1. Paul Sieghart: The International Law of Human Rights Oxford: Clarendon Press, 1985.

2. H. Law Erpacht: International Law and Human Rights London; Stevens & Sons Limited 1950,

1973.

3. Jean Pictet: Development and Principles of International Humanitarian Law.

4. Theoder Meren: Human Rights in International Suite: Their International Protection I an Browlie:
Principles of Public International Law.

5. Faiz-Uddin. M–―Protection and Promotion of Human Rights, International Perspective,‖

–Law Journal, Law Faculty, Rajshahi University 1998.

6. M. Zamir –Human Rights Issues and International Law.

7. A.B.M. Mafizul Islam Patwari –Liberty of the People: Britain and Bangladesh Dhaka: Institute of
Human Rights and Legal Affairs, 1987.

8. Guy S. Goodwin-Gill –The Refugee in International Law.

9. Thomas Buergenthal –international Human Rights.

10. Hurst Hannum –Guide to International Human Rights Practice. London: Macmillan Press, 1994

20
 Course Code: IPL-440
Intellectual Property Law
Marks: 100

1. Introduction to Intellectual Property laws:

Introduction to intellectual properly—definition and meaning.

Theoretical and economic rational of IP protection.

IP as a tool for technological, economic and social development

2. Copyright and Related Rights:

Concept of copyright and its justification-history, theoretical justification and

economic rationale of copyright—role of copyright in encouraging creativity and
facilitating access to work—concept of originality in copyright and works
protected under copyright.

Enjoyment of right—various rights recognized—economic and moral rights—

concept of authorship and ownership—joint author, works created during
employment—assignment and licensing of rights—related rights and co-existence
of rights—collective management of copyright and related rights.

Enforcement of right—Infringement of copyright— substantial copying—types of

infringement and remedies

International Protection of Copyright—principles of protection in Berne. TRIPS

and WIPO Treaties—flexibilities under international conventions to facilitate
access to works.

New technology and Copyright —protecting owners of copyright and related rights
in digital technology—balancing of interest—limitations and exceptions to
copyright and related rights in digital age.

3. Law relating to Inventions:

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(a) Concept of Patent and its Justification—history, theoretical justification and
economic rational—concept of novelty, inventive step and commercial utility—
exclusions from patent and its rational

(b) Rights and ownership of patent— ownership of patent—joint ownership—

inventions during employment—assignment of patent—transfer of technology and
industrial development.

(c) Enforcement of patent—Infringement of patent—claims interpretation—

defenses to Infringement — remedies for infringement.

(d) International protection of patent—principles of Paris Convention, TRIPs

Agreement — flexibilities to promote innovation and development.

(e) Patent and competition—remedies for abuse of monopoly— compulsory

license, revocation—limitations and exceptions to patent rights—parallel import.

(f) New technology and Patent—biotech, software and pharmaceuticals—

protection of inventor—access to products of new technology— balancing 0f
interest.

4. Principles of Trademark Law:

(a) Concept of trademark and its justification—history, theoretical justification and

economical rational of trademark protection — concept of distinctiveness and
deceptive similarity -- registrable marks and exclusion—distinction between
trademark, collective mark and cerIiflction mark.

(b) Enjoyment of right—trafficking of trademark—registered user.

(C) Infringement and Passing Off—distinction—remedies for infringement.

(d) International protection of Trademark—principles in Paris Convention—

TRIPs Agreement—Trademark Treaty.

(e) New trends in trademark protection-dilation—welI known marks—character

merchandising—ambush marketing — trademark and domain names—
protection of unconventional marks.

5. Designs and Utility Models:

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(a) Theoretical justification and economic rational of design protection— concept
of design—notion of novelty or originality—exclusion from design protection—
overlap of design and copyright protection

(b) Enjoyment and protection of design rights—design copyright— ownership—

design created during employment—assignment of design— infringement of
design—defenses—remedies for infringement

(C) Protection of Design and Utility Model and Development—rational and

justification—standards of protection—enjoyment of rights enforcement of rights
— Experiences of developed countries in protection Utility models.

(d) International protection of Design and Utility Models— obligations under Paris
Convention—Provisions in the TRIPS Agreement—WIPO Model Laws.

6. Sui Generis IP Law:

(a) Geographical Indications. (Gls)

(b) New Plant Varieties.
(C) Genetic Resources and Traditional Knowledge (TK)
(d) Protection of Farmer‘s Right—obligations under UPOV—1 978 and 1991.

Books Recommended:

W R Cornish: Intellectual Property Sweet & Maxwell. London (2007).

Craig Allen Nard : The Law of Patents Aspen Publishers, New York, USA (2010)

David I Bainbridge: Intellectual Property Law, Fifth Edition. 2002. Pearson

Education (Indian Print),

Lionel Bently Brad Sherman : intellectual Property Law Oxford University Press.
New York (2003)

WI P0 Publication : WIPO Intellectual Property Handbook: Policy. Law and Use.

2008.

N S Gopalakrishnan: Principal of Intellectual Property Eastern Book

Company, India (2009)

23
Abbot Cottler Gurry: International Intellectual Properly in an Integrated World
EconomyAspen Publishers, New York, USA (2008)

Tina Hart, Linda Fazzani & Simon Clark : Intellectual Property Law Palgrave
Macmillan, New York, USA (2009)

Shiv Shahi Singh : The Law of Intellectual Property Rights Deep & Deep
Publications Pvt. Ltd. New Delhi. 2005.

Dr J K Das: Intellectual Property Rights Kamal Law House, India (2008)

V K ahuja: Law Relating to Intellectual property Rights Lexis Lexis

Butterworths, London (2007)

R K Nagaranjan : Intellectual Property Law. Allahabad Law Agency, Indie (2006)

Dr. B L Wadehra: Law Relating to Intellectual Property Vnsversal Law Publishing

Co India (2008)

P Narayanan: Intellectual Property Law Eastern Law House. India (2009)

Dr. G B Reddy: Intellectual Property Rights And The Law Gogia Law Agency.
India (2008)

S R Sharma : Laws on Intellectual Property Anmol Publications Pvl. Ltd. New

Delhi 2004

Course Code: HR-441

Human Rights
Marks: 100

1. The concept and development of human rights. Importance of human rights in

international and national legal system. Human rights, Fundamental rights and
Legal rights — their comparison. Development of the concept of human rights.
Magna Carta.

2. International Human Rights documents; The UN Charter; The universal

Declaration of Human Rights, 1948: Its impact on the Constitutions of different

24
Countries. International Covenant on Civil and Political Rights & international
Covenant on Economic, Social and Cultural Rights. 1966. Optional Protocols to
the International Covenant on Civil and Political Rights. Convention Against
Torture and other Cruel, Inhuman or Degrading Treatment, 1948. Child Rights and
the UN Convention on the Rights of the Child, 1989.

3 The UN High Commissioner for Human Rights, his powers, functions and role
for promotion of human rights.

4. Elimination of Discrimination—Discrimination and its impact on human rights:

Declaration and Convention on the Elimination of All Forms of Racial
Discrimination, 1965; Convention on the Elimination of All Forms of
Discrimination Against Women, 1979.

5. Self-determination. State of self-determination in Kashmir, Palestine, Algeria,

South Africa etc.

6. Fundamental Rights and the Constitution of Bangladesh, remedies against

violation of fundamental rights, preventive detention and the Special Powers Act,
1974; The Children Act, 1974.

7. Non-Governmental Organizations (NGO). their role for the promotion and

protection of human rights.

8. Human Rights and Islam; Prophet Muhammad‘s (peace be on him) last

pilgrimage speech.

9. Human Rights Council and its functions.

Recommended Readings:

AB Kalaya: Human Rights in International Law, New Delhi, 1986.

AJA Joyce : The New.politics of Human Rights London. Yala University Press,
1973

Brownlie : Basic Documents on Human Rights. London, Clarandan Press, 1971.

Christian Tomuschat: Human Rights Between ldalism and Realism, Oxfod

Unèversity Press, 2008

25
DJ Haris: Cases and Materials a‘ International Law, Sweet & Maxwell London,
1999.

H Lauterpalch: International Law and Human Rights, London Gerland Pub. ine
1972.

M Abdii Hannan: Human Rights of the Accused in the Criminal Process. Madhav

Books, Haryana. 2009.

McGoldrick : The Human Rights Committee, Oxtord University Press, 1991.

Mofiul Islam Patuary: Human Rights in Contemporary International Law,

Dhaka,1995.

Muhammad Zamir: Human Rights issues and international Law Dhaka, 1990

Raija Hanski & Markku Suksi (eds): An Introducbon to the International Ptotection
of Human Rights: A Test book. IHR. Abo Akademi University. 1997.

Racharan: Human Rights: Thirty years after University Declaration. London,1979,

Thomas Buergentat : International Human Rights, Washington-DC.

Tuhin Malik: Manual of Human RightS. Dhaka, 1997.

Umozuplke : Self-determination in International Law. Archon Books. 1972.

Aveyj dRj : AvšÍR©vwZK AvB‡bi g~j `wjj, evsjv GKv‡Wgx, XvKv, 1986|

gynv¤§` mvjvûwÏb : Bmjv‡g gvbevwaKvi, AvaywbK cÖKvkbx, XvKv, 1992|

: Human Rights The New Consensus, Regency Press Ltd. 1994.

: The Constitution of Bangladesh. (latest amendments)
:The Special Powers Act, 1974.

Leading Cases:

1 Dr. Nurul Islam vs. Bangladesh. 33 DIR (1981)

2. Mahbub Uddin ys, Govt. of Bangladesh. 43 DIR 1991)

26
3 State vs. Golam Azam. 46 DIR (1994)
4. Bilkis Akhten Hussi,, vs. Bangladesh Govt 2 MLR (1997) H.C.

Course Code: IEL-442

International Environmental Law
Marks: 100

Objectives:

The course is the body of international law that concerns the protection of the global
environment. Originally associated with the principle that states must not permit the use of their
territory in such a way as to injure the territory of other states, international environmental law
has since been expanded by a plethora of legally-binding international agreements. These
encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution
through to wildlife and biodiversity protection.

Contents:

Meaning and Definition of environmental law; The history of environmental law-The

modern age of environmental law –The future of environmental law-The functions of
environmental law- Environmental rights as human rights- Environmental harms-
Environmental crimes- Environmental-liabilities-Principles of environmental law-Policy
and environmental law- Environmental protein and laws: Issues and problems-Access to
justice in Environmental Matters.

International efforts or concern at environmental Protection.

Environment and International law-Development of International Environmental law-

United Nations Conference on the Human Environment of 1972-UN Conference on
Environment and Development of 1992-Sustainable development: legal implications.

Judiciary and Protection of Environment.

The role of judiciary in promoting environmental governance-Debates on Traditional
Courts versus special courts or tribunals-Need for special courts or tribunals for
environmental protection- Environmental, law and Public interest Litigation-Judicial
approaches to Environmental law.

27
 Legislation concerning environmental protection in Bangladesh.

Nature and scope of environmental legislation in Bangladesh Institutional arrangements for

environmental protection-Environment Policy 1992-The Bangladesh Environment Conservation
Act 1995-The Environment Court Act 2000-The Motor Vehicles Ordinance 1983-Other major
environmental laws.

Environmental protection and local government bodies-Various City Corporation Laws

and The Paurashava Ordinance, 1977.

Recommended Source Material:

Mohiuddin Farooque and Rizwana Hassan, Law Relating Environment in Bangladesh (Dhaka:
Bangladesh Environmental Lawyer‘s Association, 2004).

David Hugnes, Environmental Law, 2nd ed. (London: Butterworths, 1992).

S. Rizwana Hassan and Taslima Islam, Judicial Decisions on Environment in South Asia
(Dhaka:Bangladesh Lawyers Association, 2005).

Tom Tietenberg, Enviromental and Natural Resource Economics, 6th ed.(Delhi: Pearson
Education Inc., 2003).

Environmental law-Simol Bali v/s Stuart Bell (ULP Delhi).

Environmental law-Susan Wolf & Anna White Cavendish Publishing Limited.

International Law and The Environment P W Birnie and A E Boyle-Oxford.

Public Interest Environmental Litigation in India, Pakistan and Bangladesh-Zona

Razzaque-Kluwer Law Int.

Environmental Administration law and Judicial Attitude-Paras Diwan (III Vol.)

Environmental Protection and the law-Chetan Singh Mehta.

Environmental law-Dr. G.S. Karkara.

Environmental law-Rosen Cranz (Tripathi Publication).

Environmental law-Gurdip Singh-Lawman Pvt. Lvt. Delhi 1995.

28
 Environmental law and Justice-M.A.A. Baig Regency Publ. Delhi 1996.

Course Code: RML-443

REFUGEE and MIGRATION LAW
Marks: 100

Objectives
This course provides an overview of international refugee law. It explores the concept of
'international protection' through the lens of the 1951 Refugee Convention, asking who is a
refugee?, what status does a refugee get?, who is expressly excluded from protection?, and is this
instrument still adequate for refugee movements in the 21st century? It examines the notion of
complementary protection (how human rights law has expanded States' protection obligations),
the role of the United Nations High Commissioner for Refugees, the causes of and possible
solutions to refugee flows, and the political and ethical issues concerning refugees and other
forced migrants, including people trafficking and smuggling.

Contents

Introduction: Definition of 'Refugee', History and development of International Refugee Law,

status of a refugee in international human rights and humanitarian law.

Comparison: Difference between a refugee and stateless person, refugee and migrant, refuge and
IDPs etc.

Conventions and protocols: 1951 convention relating to the status of Refugees and the 1967
Protocol, the South Asia Declaration on Refugees etc.

Protection of Refugee: Rights of a refugee under international laws, refugee protection,

protection mechanism, right to Asylum and non-refoulment, The UNHCR, its function,
objective, jurisdiction and connection with various states; present status of refugee protection
worldwide etc.

Refugee crisis and solution: Various experiences on refugee crisis, refugee crisis in Pakistan, in
Syria, in India, in Bangladesh, in Africa etc. Nature of common crises in refugee camps, gender,
sexuality and status of refugee, socio-economical impact of refugee crisis over various part of the
globe, possible legal and non-legal solutions, Duties of the International Community in refugee
protection etc.

29
Refugee Protection in Bangladesh: the domestic laws and protection mechanism, status of
refugees in Bangladesh, refugee camps and their socio-economic pros and cons, bilateral
agreements and talks to end the crisis, their effects, possible solution to mitigate the crisis etc.

Readings

1. B.S. Chimni, ed., International Refugee Law: A Reader (New Delhi: Sage Publication,
2007).
2. Javaid Rahman, International Human Rights Law: A Practical Approach (London:
Pearson Education).

3. Tuhin Malik, International Refugee Law (Dhaka: LETI, 1995).

4. Guy S. Goodwin-Gill: The Refugee in International Law (Clarendon Press,

Oxford, 3rd ed. 2007)

5. James Hathaway: The Rights of Refugees under International Law (Cambridge

University Press, 2005)

6. Harun-ur-Rashid: Refugee Law with case Laws and Materials (Dhaka, 2000)

7. Guy S. Goodwin-Gill: International Law and the Movement of Persons between

States (Clarendon Press, Oxford, 1978)

8. Ranabir Samaddar (ed): Refugees and the State (Sage Publications Ltd. New Delli, 2003)

9. United Nations High Commissioner for Refugees: Collection of International

Instruments and other Legal Texts Concerning Refugees and Displaced Persons,

Vols I & II, (Geneva, 1995)

30