Asian Journal of Law and Policy

Area-Based Conservation Approach in the Sundarbans and Saint Martin's Island of Bangladesh: Prospects and Challenges

2024-11-18T14:02:11+08:00

Area-based conservation is regarded as a viable approach to conserve biodiversity. The Convention of Biological Diversity 1992 (CBD) is the key international instrument creating binding obligations for state parties. With the influence of CBD and other international instruments, Bangladesh has adopted new laws, policies, and strategies and thereby seems to have departed from the traditional approach to conservation and embraced the new approach to conservation in line with CBD. This study assesses Bangladesh’s conservation approach regarding the Sundarbans Mangrove Forest and Saint Martin’s Island—two critically important ecological sites and concludes that despite various conservation measures taken by the Government of Bangladesh, the biodiversity of these two sites is in decline and that these two critically important ecological sites require a well-functioning area-based conservation approach. It identifies the reasons behind the failure of Bangladesh’s conservation efforts regarding these two sites and finds out the key factors contributing to this failure. In doing so, it emphasizes qualitative elements of conservation, such as effective and equitable management, ecological representativeness, connectivity, integration into wider land and seascapes, etc. Bangladesh has already taken the first steps towards a proper conservation approach in theory; it is now high time to bring them into proper practice.

The Hiring and Termination Procedures for Employees in Bangladesh Under the Labour Act of 2006 and the Role of the Courts

2024-07-04T10:34:48+08:00

The Bangladesh Labour Act of 2006 is the primary legislation in Bangladesh that addresses issues related to employment. The main objective of the Act is to rectify previous disparities and create a favourable working environment for workers. The legislation sets out detailed regulations concerning job conditions and services. In practice, employers often hold significant powers, including the authority to hire, terminate and dismiss employees at their discretion for various reasons. However, the Labour Act and the Labour Court are tasked with ensuring fair treatment and upholding the principles of natural justice. Specifically, the Bangladesh Labour Act empowers the Labour Courts to intervene in cases of employee termination through the grievance procedure. This study thoroughly examines, with case references, the extent to which the courts apply principles of fairness and equity in job termination cases under the Bangladeshi Labour Act of 2006. The research concludes with insights into the recruitment and termination processes in Bangladesh, highlighting the need for amendments to the current labour legislation to ensure employment stability and economic support for the workforce.

Indo-Bangladesh Transboundary Water-Sharing of the Ganges and Teesta Rivers: Through the Lens of International Law and Practice

2024-05-15T14:51:44+08:00

Though international water law emphasises ensuring equitable and sustainable utilisation of water resources by all riparian states, most often transboundary rivers are used selfishly and unsustainably by upstream countries. Bangladesh and India, two neighbours in South Asia, share 54 rivers and Bangladesh stands as a downstream country for all of them. Amongst all the rivers, the Ganges and the Teesta are the most contested ones and this article has investigated the issues surrounding their sharing and utilisation. More specifically, the article has analysed the contested Farakka Barrage and bilateral arrangements especially the Ganges Water-Sharing Treaty, 1996, and related issues on the touchstone of existing legal architecture and jurisprudence. Also, the existing no-agreement situation of the Teesta River has been analysed in view of international law and practice. The author considers the Ganges Water-Sharing Treaty, 1996 as a milestone in the mutual relationship between India and Bangladesh, but at the same time suggests further improvement in line with international legal norms and practices. As regards the Teesta, the article argues that India’s approach towards the Teesta River reflects a total disregard for the principle of equitable and reasonable utilisation and the principle of no-significant harm.

Bridging the Gap: A Multi-Pronged Approach to Road Safety in Malaysia

2024-06-24T13:20:11+08:00

Road traffic accidents are a growing global tragedy. Therefore, road safety is always a matter of great concern as it relates to the livelihood and well-being of the people of Malaysia. As elsewhere in the world, causes of road accidents include vehicle failure, uneven roads, reckless driving, speeding, intoxication, lack of sleep, and more. Although the government has implemented laws, rules, and programmes to curb road accidents in Malaysia, citizens remain unsure of the potential risks posed by legal deficiencies. Therefore, the focus of this article is to bridge the gap between the legal framework and lingering public uncertainty regarding road safety in Malaysia, paving the way for the development of more effective strategies to create a safer transportation environment for all.

Pet-Friendly Urban Parks in Pursuit of Sustainable Green Spaces

2024-07-04T12:03:41+08:00

Pet-friendly parks are crucial elements in the development of urban cities. As cities grow with the increasing population, urban parks are crucial recreational spaces for the residents. Urban pet parks enhance the quality of both pets and owners. This paper analyses how pet park management addresses legal responsibilities and aligns with the Sustainable Development Goals (SDGs) of the United Nations, especially those related to sustainable cities, life on land, and climate change. By studying the relevant policies and practices, this research aims to suggest mitigating strategies and explore sustainable development practices in the development of urban pet parks. Finding a balance between tort liabilities and encouraging sustainability contributes to a better urban environment for living. This research aims to enhance the quality of urban life and preserve the environment.

Front Matter

2025-02-01T00:39:54+08:00