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 \| 363 Views \| 144 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 \| 93 Views \| 21 Downloads
Recognition of Right to Development in Protracted Situations: Conceptualizing with Sustainable Development Goals and Right to Work of Rohingyas in Bangladesh By SURAYA FERDOUS & TOKI ASHRAF DOI: https://doi.org/00.0000000 Abstract: With the introduction of Sustainable Development Goals (SDGs) in 2015, the vulnerabilities of disadvantaged people were recognized by international actors. Across the globe, people continue to endure intersecting forms of hardship linked to their gender and ethnic identity, displacement, age, and poverty. The Rohingyas living in Bangladesh are considered one of the most vulnerable groups whose circumstances keeps deteriorating amid a protracted refugee situation. As the protracted situation continues, regional political indicators suggest that the prospect of securing a durable solution in the near future seems quite impossible. This paper examines a nexus between the aims of SDGs and the necessity for the realization of right to development of vulnerable populations, focusing on the Rohingyas in Bangladesh and discover their potential for societal and economic contribution in a protracted situation. The paper explores the right to work as a fundamental aspect of the right to development and analyzes judicial interpretations recognizing the right to work in protracted displacement. The final section of the paper assesses the extent to which the Leaving No One Behind (LNOB) principle has been implemented in recognizing the right to work of Rohingya populations in Bangladesh, evaluates the legal obligations of Bangladesh being a host state, and advances timely recommendations. ⬇️ PDF Download \| ⬇️ HTML Download \| 3 Views \| 2 Downloads