Papers by Dr Jahid Hossain Bhuiyan
Preface List of Contributors Introduction Progressive Nuances in International Human Rights Parad... more Preface List of Contributors Introduction Progressive Nuances in International Human Rights Paradigm 1. The Historical Development of International Human Rights, Michelo Hansungule 1. Introduction 2. Some Historical Perspectives on Human Rights 3. Universal Rights 4. The European View 5. Human Rights as Moral Ideas in Diverse Societies, Religions, and Cultures 6. Africa 7. Middle East (Islamic World) 8. Asia 9. Post-War Developments 10. Conclusion 2. Civil and Political Rights, Joshua Castellino 1. Introduction 2. The Covenant 3. The Rights Package 4. Future Challenges 3. An Introduction to Economic, Social and Cultural Rights: Overcoming the Constraints of Categorization through Implementation, Vinodh Jaichand 1. Introduction 2. Historical Development 3. Similarities and Differences in Content of ICCPR and ICESCR 4. The Norms and Enforcement 5. On Justiciability: An Example of the Protection of ESC Rights in a Region 6. On Justiciability: Domestic Enforcement 7. Conclusion 4. Women...
Law and Religion in the Liberal State
Asia-Pacific Journal on Human Rights and the Law
Each religious community is entitled to enjoy its religious freedom, and members of every communi... more Each religious community is entitled to enjoy its religious freedom, and members of every community have the right to manifest, profess, and practice their religion. Fatwas are manifestations of religious belief. In Bangladesh, extra-judicial penalties in the form of lashings or beatings may be carried out in the name of fatwas. Consequently, fatwas as manifestations of religion may come into conflict with the rights of others. Questions then arise whether fatwas as manifestations of religion can be restricted, in what conditions, and by whom. This article will examine these questions.
International Natural Resources Law, Investment and Sustainability
The Journal of Legal Pluralism and Unofficial Law
ABSTRACT The original 1972 Constitution of Bangladesh incorporated a provision for secularism. Th... more ABSTRACT The original 1972 Constitution of Bangladesh incorporated a provision for secularism. The 1979 Fifth Amendment deleted the principle of secularism and incorporated Bismillah-ar-Rahman-ar-Rahim (In the name of Allah, the Beneficent, the Merciful). The 1988 Eighth Amendment declared Islam to be the official state religion. The High Court Division (HCD) of the Supreme Court of Bangladesh declared the removal of secularism from the Constitution illegal in 2005. The Appellate Division of the Supreme Court of Bangladesh upheld the decision of the HCD and the Constitution was amended in 2011 by the Parliament so that the provision for secularism was restored. The Constitution still lists the state religion as Islam and retains the declaration Bismillah-ar-Rahman-ar-Rahim, but these inclusions have been deeply controversial. This article will examine the concept of secularism as it is understood in Bangladesh and the implications of the concept of secularism for the constitutionality of Bismillah-ar-Rahman-ar-Rahim and the state religion Islam provisions. The article argues that there is no contradiction between the concept of secularism and these inclusions in the Constitution because they operate merely as an acknowledgement of Bangladesh's status as a Muslim majority country and do not, in practice, undermine the constitutional guarantees of equal rights and protection of all citizens including religious minorities.
Preface Dedication About Editors List of Contributors International Legal Protection for Refugees... more Preface Dedication About Editors List of Contributors International Legal Protection for Refugees: Articulating Challenges and Options Chapter One: The Origin and Evolution of International Refugee Law M Rafiqul Islam Chapter Two: Determination of the Status of Refugees: Analysis and Application Md Jahid Hossain Bhuiyan Chapter Three: Loss and Denial of Refugee Status Vanessa Bettinson Chapter Four: Protection of Refugees through the Principle of Non-Refoulement Md Jahid Hossain Bhuiyan Chapter Five: The Concept of Asylum in International Law Rebecca M. M. Wallace and Fraser A. W. Janeczko Chapter Six: Armed Conflicts and Protection of Refugees V. Seshaiah Shasthri Chapter Seven: Protection and International Cooperation in the International Refugee Regime Natalia Szablewska and Md Saiful Karim Chapter Eight: Climate Refugees and International Refugee Law M Rafiqul Islam Chapter Nine: The Role of International Organisations in the Protection of Refugees V. Seshaiah Shasthri Chapter Ten: The United Nations Security Council and Refugee Flows as 'Threats to the Peace Gary Wilson Chapter Eleven: The Law of Return and the Right of Return Howard Adelman Chapter Twelve: Asylum, Refugee and Immigration Law Studies: A Critical Supplement Thanos Zartaloudis Chapter Thirteen: Human Rights of Refugees Archana Parashar Chapter Fourteen: The Protection of Women Refugees under the International Refugee Convention Avinash Govindjee and Elijah Adewale Taiwo Chapter Fifteen: The Normative Framework for Children's Rights in Refugee Situations Thoko Kaime Index.
Macquarie University ResearchOnline.
An Introduction to International Human Rights Law, 2012
The role of regional international human rights instruments in the protection and promotion of hu... more The role of regional international human rights instruments in the protection and promotion of human rights is remarkable in the sense that the treaties have significantly and immensely contributed to important changes in the laws of many countries. This chapter looks into three regional human rights instruments, namely the European Convention on Human Rights and Fundamental Freedoms, 1950; the Inter American Convention on Human Rights, 1969 and the African Charter on Human and People's Rights, 1981 and examines (a) the circumstances leading to the establishment of the regional human rights enforcement mechanisms; (b) the nature and scope of rights & guarantees and (c) safeguarding procedures under these instruments. It examines whether the enforcement mechanisms are, consistent with State sovereignty, and whether they are gradually enhancing the promotion of fundamental human rights and freedoms. Keywords: African Charter on Human and People's Rights; enforcement mechanisms; European Convention on Human Rights and Fundamental Freedoms; Inter American Convention on Human Rights; promotion of human rights; protection of human rights; regional human rights instruments; state sovereignty
An Introduction to International Refugee Law, 2013
The plight of the refugees across the globe does not pertain to a specific state or a group of st... more The plight of the refugees across the globe does not pertain to a specific state or a group of states. Issues that concern the movement of persons across borders demand collective action in response to movements of persons fleeing civil wars, military takeovers, wars between states, natural disasters, gross human rights violations, economic dislocations and so on. The current time does not favour stagnant domestic solutions. The principle of non-refoulement is one of the most important provisions of the 1951 Refugee Convention. It is considered as the cornerstone of the international legal regime for the protection of refugees. This chapter examines (a) the general law relating to the principle of non-refoulement , including its scope and nature as well as its exceptions; (b) the status of non-refoulement as a norm of customary international law; and (c) whether the principle of non-refoulement is applicable to mass influx situations, extraterritorial and extradition cases. Keywords:non-refoulement; protection of refugees; Refugee Convention
An Introduction to International Refugee Law, 2013
The core function of the United Nations High Commissioner for Refugees (UNHCR) is to provide prot... more The core function of the United Nations High Commissioner for Refugees (UNHCR) is to provide protection to refugees. Refugee status determination is normally conducted by the UNHCR to identify whether an individual should be protected, assisted or, sometimes, resettled to another country, or to give governments advice relative to his refugee status application. This chapter analyses and applies refugee status determination. It examines the concept of a refugee under the 1951 Refugee Convention. Next, the chapter discusses the responsibility for conducting refugee status determination and the mechanisms by which refugee status determination takes place. Finally, it puts forward the requirements for procedures to determine eligibility for refugee status. Keywords:1951 Refugee Convention; refugee status determination; UNHCR
An Introduction to International Refugee Law, 2013
Refugee protection has become one of those contemporary challenges that have bewildered the inter... more Refugee protection has become one of those contemporary challenges that have bewildered the international community in search of an enduring solution. Three fast emerging matters, namely human rights, climate change, and economic injustice are likely to dominate and pose formidable challenges to debates over refugee protection in the future. These grey and unresolved issues of refugee protection merit further research and attention with a view to render the 1951 Refugee Convention resilient and adaptable to emerging exigencies and to find ways to strike a balance between the national interests of states and refugee protection as a legal right. The aim of the book is to contribute to the progressive academic and intellectual construction of international refugee law amidst polarised debates on the issue. This book reiterates the underlying values of refugee protection and reinforces the right of the refugees to a lawful and dignified humane existence within the international community. Keywords:1951 Refugee Convention; human rights; international refugee law; legal protection for refugees
Human Rights which classified as Other that has 280 pages that contain constructive material with... more Human Rights which classified as Other that has 280 pages that contain constructive material with lovely reading experience. Reading online Globalization, International Law, and Human Rights book will be provide using wonderful book reader and it's might gives you some access to identifying the book content before you download the book. Globalization, International Law, and Human Rights Book Content Preview: This volume analyses human rights in the context of globalization. Focusing on a broad range of human rights themes, it examines the human rights experiences of various countries. The volume covers important contemporary issues such as the relationship between human rights and globalization, climate change, unbridled corporate capitalism, global terrorism, and globalization and its impact on trade, investments, and people's movement. Establishing an interface between good governance and human rights, the work emphasizes the significance of new modern rights such as fundamental right to water. The volume also examines the framework of international legal provisions to deal with human rights violations.Providing a broad picture of the current and emerging human rights policy framework for the recognition of human rights, it also puts in perspective the conflicting tendencies of modern world towards the persistent struggle for recognizing human rights. With an interesting mix of North and South scholarship on globalization, human rights, and international law, this comprehensive and topical work would be invaluable to lawyers, and teachers, scholars, and students of law, political science, and development studies.
This chapter will explore and evaluate the general principles and sources of international enviro... more This chapter will explore and evaluate the general principles and sources of international environmental law and discuss their status and role in the global context. International environmental law is a highly fragmented area and determining the meaning and status of general principles is thus a complex task. Many revolve around the core issue of sustainable development, which is a diffi cult and contested concept itself. Principles that will be discussed include the notion of sustainable development, the precautionary principle, common but differentiated responsibility, inter-and intragenerational equity and the polluter pays principle.
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Papers by Dr Jahid Hossain Bhuiyan