For short quotations running up to four lines, single inverted commas should be used; double inverted commas should be reserved for quotations within quotations. Quotations running more than four lines should be equally indented on both sides, separated from the main text and no quotation marks should be used. Such long quotations should appear in two fonts smaller than the body of the text. As a rule, a colon should be used to introduce a long quotation.
Any addition, deletion, or modification in quotations should be clearly marked using square brackets. Any omission from a quoted text should be clearly indicated by the use of an ellipsis (. . .). An ellipsis should be preceded and followed by a space. When a quoted text contains offensive, grammatically inaccurate expressions, the word should be followed by the word ‘sic’ within square brackets.
• Scalia and Garner notes, ‘Modern non-textualism is based in part on an equivocal use of the word construction, which is the noun corresponding to construe.’ 11
• Section 31 of the Specific Relief Act, 1877 states:
When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their intention, either party, or his representative in interest, may institute a suit to have the instrument rectified; and if the Court find it clearly proved that there has been fraud or mistake in framing the instrument, and ascertain the real intention of the parties in executing the same, the Court may in its discretion rectify the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and for value.
The title of published books, journals, cases, laws (both primary and delegated), treaties, and other international legal instruments should be italicised in the footnote as well as in the body of the text if it is referred to in the body. For emphasis, words or phrases should be italicised; bold or underlined texts should not be used for this purpose. However, this rule would not be applicable to quoted texts. Non-English words and phrases, such as Latin terms not commonly used should also be italicised, when included in the body of the text.
‘Ibid’ should be used to refer to the same source when it is cited in the footnote immediately following. If the pinpoint reference is different from the preceding footnote, ibid followed by the pinpoint reference should be included. If the immediately preceding source contains multiple references, ibid should be followed by the last name of the author (or other relevant abbreviation). When referring to a source that has already been cited before, but not in the immediately preceding footnote, ‘above note’ should be used followed by the footnote number. When cross-referring to a source cited later, ‘below note’ should be used.
When referring to a source that has already been cited before, but not in the immediately preceding footnote, ‘above note’ should be used followed by the footnote number where the source has been first cited.
When cross-referring to a source that has been cited in full in a subsequent footnote ‘below note’ should be used. The last name of the author/abbreviated form of the title of the law, etc./ name of the first party, etc. should be placed after the ‘below note’.
1.1.1.4. In-text Referencing
As a general rule, no detailed in-text referencing should be used.
Rule: The Constitution of the People’s Republic of Bangladesh should be cited as the Constitution of Bangladesh.
For other jurisdictions: Name of Constitution (translated name if not in English), year (country).
Examples:
• Constitución Política De La República Argentina (Constitution of the Republic of Argentina), 1853 (Argentina).
• Constitution of the Federative Republic of Brazil, 1988 (Brazil).
Bangladesh:Title of Legislation, Year of Passing, Pinpoint
Reference.
Example: The Specific Relief Act, 1877,
Section 11(a).
Rule for other
jurisdictions: Title of Legislation , full date, law
number, pinpoint, (country).
Example: Code of Civil Procedure , 11 January 1973, Law No 5.869 (Brazil).
Rule (reported):Case name (year of reporting) [volume number] [acronym of relevant law report] (acronym of the Court) [page number of starting page] [pinpoint reference] (name of the country,). [Name of the country is not needed for case laws from Bangladeshi jurisdiction]
Example: Bipin Chandra Ray v Bunchuki Barman (1985) 37 DLR (HCD) 49. Young v Bella (2006) 1 SCR 108 [8] (Canada).
Rule (unreported): Name of parties (case number, name of the Court, Date of Judgment) (unreported) [pinpoint reference] (name of the country). [Name of the country is not needed for case laws from Bangladeshi jurisdiction]
Example: Siddharam Satlingappa Mhetre v State of Maharashtra and Others (Criminal Appeal No. 2271 of 2010, Supreme Court of India, 2 December 2010), [47] (India).
Full Title, Title of Legislation, date of signing, [reference
number (preferably United Nations Treaty Series or League of Nations Treaty
series)] (date of enforcement).
Example: Vienna Convention on the Law of Treaties, , , signed on 23 May 1969, 1155 UNTS 331 (entered into force on 27 January 1980).
Rule Title of document, resolution number, UN report
reference, session Number, Meeting Number, Agenda Item (Date of Adoption).
Example: Reservation Exclusively for Peaceful Purposes of the Sea-Bed and the Ocean Floor, and the Subsoil thereof, Underlying the High Seas Beyond the Limits of Present National Jurisdiction and Use of their Resources in the Interests of Mankind, and Convening of a Conference on the Law of the Sea,
GA ResolutionA/RES/2881(XXVI), UN GAOR, 1st Committee, 26th Session, Agenda Item No35 (21 December 1971).
Rule:Title of regulation/document (year) Official Journal
[series initial] [series number].
Example: Opinion of the Advisory Committee on Restrictive Practices and Dominant Positions Given at Its Meeting of 19 April 2017 regarding a Draft Decision relating to Case AT.40153 — E- book MFNs and Related Matters — Rapporteur: Sweden (2017) , Official Journal C264 60/5.
Rule:Title of case[year] (case number) [report series]
[starting page number], [pinpoint reference].
Example: Commission v Poland [2008] (ECJ 227/07) ECR 8403, 8410.
Rule (cases): Title of the case, (stage of the proceedings) (name of
the Court and chamber), [date of judgment] as reported in (year of reporting)
[volume number] [title of journal] [starting page number].
Example:International Military Tribunal (Nuremberg), (Judgment and Sentences), 1 October 1946 as reported in (1947) 41 American Journal of International Law 172.
Rule: Title of the case (name of the parties, if not provided on
the title) [year of the volume report series] ICJ Reports [starting
page number].
Example: Whaling in the Antarctic (Australia v. Japan: New Zealand intervening) [2014] ICJ Reports 226.
In the case of advisory opinions, the words ‘Advisory Opinion’ in italics should be placed after the full title of the case within parentheses.
Rule (cases): Title of the case, (stage of the proceedings) (name of
the Court and chamber), [date of judgment] as reported in (year of reporting)
[volume number] [title of journal] [starting page number].
Example:International Military Tribunal (Nuremberg), (Judgment and Sentences), 1 October 1946 as reported in (1947) 41 American Journal of International Law 172.
Rule: [Name of the author], title of book (name of the publisher, edition, year of publication) [pinpoint reference].
Example: Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008).
Rule: [Name of the author], ‘chapter title’, in [name of the editor] ed(s), Title of the Book (name of the publisher, edition, year of publication) [starting page], at [pinpoint reference].
Example: Julie De Conick, ‘Behavioural Economics and Legal Research’ in Mark Van Hoecke (ed), Methodologies of Legal Research: Which Kind of Method for What Kind of Discipline? (Hart Publishing, 2011) 257, at 260.
Rule: [Name of author], ‘[title of article]’ (year) [volume number] title of journal [page number].
Example: Sungjoon Cho, ‘Breaking the Barrier between Regionalism and Multilateralism: A New Perspective on Trade Regionalism’ (2001) 42 Harvard International Law Journal 419.
Rule: [Name of author], title of the material, [date of publication] <[URL]> accessed on [date of access].
Example: Paul Krugman, Fetishizing Free Trade, 11 September 2009 accessed 29 January 2010.
Where a reference is made to a work of more than four authors, only the full name of the first author followed by the words ‘et al’ should appear. In footnotes, the author’s name should always appear as they appear on the work which is being cited. The order of authors should also be followed as they appear in the work.
In case of less than four authors, the names of all the authors should be written in full, as they appear on the work, separated by commas.
Examples:
• Reinier Kraakman et al,
The Anatomy of Corporate Law: A Comparative and Functional Approach
(Oxford University Press, 3rd ed, 2017).
• Asif H. Qureshi and Andreas R. Ziegler,
International Economic Law (Sweet & Maxwell, 3rd ed, 2011).
• D. T. MacEllven, M. J. McGuire, N. A. Campbell, and
J. N. Davis,
Legal Research Handbook.