North South University Law Review

Title and Authors Name

Title and Authors Name

Title and Authors Name
DUTIES TO FUTURE GENERATIONS AND NUCLEAR WEAPONS DISARMAMENT By Dr. Norman K. Swazo DOI: https://doi.org/10.47126/nsulr.v1i1.01 Abstract: There is no consensus among philosophers, including philosophers of law, whether the present generation has duties to future generations or whether future generations have rights for which the present generation is accountable. Where the moral or legal argument is advanced that we do have duties to future generations in view of their rights, that argument reasonably includes concern for the abolition of nuclear weapons. There is ample moral warrant (e.g., from the moral philosophy of John Rawls) and legal warrant (e.g., from the legal assessment of the International Court of Justice) in the present (1) to account for such duties and (2) for those of our generation to take requisite action that protects the rights of future generations against nuclear catastrophe. Hence, there is a reasonably defensible moral and legal argument in favor of nuclear disarmament. ⬇️ PDF Download \| ⬇️ HTML Download \| 361 Views \| 143 Downloads
BANGLADESH IN A PERMANENT STATE OF EXCEPTION? A CRITICAL INQUIRY THROUGH AN AGAMBENIAN LENS By MD. TARIK MORSHED & TANIA SULTANA DOI: https://doi.org/10.47126/nsulr.v1i1.02 Abstract: This article examines how the legal and political order of Bangladesh operates based on ‘state of exception’ as theorized by Giorgio Agamben. It argues that Bangladesh has transitioned from constitutional framework of emergency powers to a permanent state of exception, where extraordinary measures are normalized within ordinary governance. It situates recent events within an architecture of preventive detention, digital surveillance, and extrajudicial repression, all deployed without any formal proclamation of emergency. Through a critical adaptation of Agamben’s formulations of sovereignty, bare life and the camp to the postcolonial context, the article traces the genealogy of exception to colonial technologies of governance and their reinforcement through global counter-terrorism discourses. In doing so, it demonstrates how political dissidents, refugees, and disadvantaged urban citizens are ruled in zones of legal abandonment. The paper concludes that this entrenched exceptionalism is a weakening force for democracy, fundamental rights, and the rule of law, calling for legal reform along with decolonial transformation. ⬇️ PDF Download \| ⬇️ HTML Download \| 90 Views \| 18 Downloads

Title and Authors Name

DUTIES TO FUTURE GENERATIONS AND NUCLEAR WEAPONS DISARMAMENT

By Dr. Norman K. Swazo

DOI: https://doi.org/10.47126/nsulr.v1i1.01

Abstract: There is no consensus among philosophers, including philosophers of law, whether the present generation has duties to future generations or whether future generations have rights for which the present generation is accountable. Where the moral or legal argument is advanced that we do have duties to future generations in view of their rights, that argument reasonably includes concern for the abolition of nuclear weapons. There is ample moral warrant (e.g., from the moral philosophy of John Rawls) and legal warrant (e.g., from the legal assessment of the International Court of Justice) in the present (1) to account for such duties and (2) for those of our generation to take requisite action that protects the rights of future generations against nuclear catastrophe. Hence, there is a reasonably defensible moral and legal argument in favor of nuclear disarmament.

⬇️ PDF Download | ⬇️ HTML Download |

361 Views |

143 Downloads

BANGLADESH IN A PERMANENT STATE OF EXCEPTION? A CRITICAL INQUIRY THROUGH AN AGAMBENIAN LENS

By MD. TARIK MORSHED & TANIA SULTANA

DOI: https://doi.org/10.47126/nsulr.v1i1.02

Abstract: This article examines how the legal and political order of Bangladesh operates based on ‘state of exception’ as theorized by Giorgio Agamben. It argues that Bangladesh has transitioned from constitutional framework of emergency powers to a permanent state of exception, where extraordinary measures are normalized within ordinary governance. It situates recent events within an architecture of preventive detention, digital surveillance, and extrajudicial repression, all deployed without any formal proclamation of emergency. Through a critical adaptation of Agamben’s formulations of sovereignty, bare life and the camp to the postcolonial context, the article traces the genealogy of exception to colonial technologies of governance and their reinforcement through global counter-terrorism discourses. In doing so, it demonstrates how political dissidents, refugees, and disadvantaged urban citizens are ruled in zones of legal abandonment. The paper concludes that this entrenched exceptionalism is a weakening force for democracy, fundamental rights, and the rule of law, calling for legal reform along with decolonial transformation.