“For whose benefit and at whose expense should directors operate the firm.” A historical debate that still stands today with the same tension it did one century ago. Alongside theoretical academia, different jurisdictions still in dispute on whom should receive the attention of a firm; shareholders or other stakeholder constituencies, including employees, creditors and customers.
Corporations are the primary vein of any country’s economy. The profound influence they carry on peoples’ life, place them in a sensitive position that requires continual evaluation. Nonetheless, this continuance evaluation has been largely surrounding the discussion of the actual objective of companies. Although a company is an entity whose “defining characteristic is the attainment of a specific goal or purpose,” there is no actual agreement on what that goal or purpose should be. For centuries academics have been asking: Should directors merely care about maximising shareholder profit or … [....]
The 1951 Refugee Convention is the main document for the protection of refugees. A large number of refugee-rights and state-duties have been enumerated by this Convention and its Protocol of 1967 additionally. The Convention and Protocol are legally binding for the contracting states whenever they come to deal with or to regulate refugees. Whatever the Convention or Protocol states, the refugees in south Asian Countries (except Afghanistan) are not able to resort or enjoy the benefits of these enumerations as of right because governments in this part are yet to accede to the Convention of 1951 and the Protocol of 1967. Despite the long-standing complex refugee problem in the South Asian area countries here have not taken any meaningful action to acceding to the Convention or to frame any local or regional arrangement, i.e., the Organization of the African Union Convention of 1969 or Schengen (1985) and Dublin (1990) arrangements or Cartagena Declaration (1984) of … [....]
An examination over the hierarchy of rights in international human rights law taking right to life as an example.
The notion of human rights has developed throughout the centuries. Charters, acts, declarations and laws have been made throughout the ages in the development of human rights. In the thirteenth century the famous Magna Carta of 1215 was adopted to limit the power of the British Kings and to give some redress for injuries to individuals. John Lock’s ‘Social Contract’ theory further developed the concept of human rights. The American Declaration of Independence, 1776 and the Constitution of the United States, 1789 instituted bill of rights for the people of America. The French Declaration of 1789 promoted the human rights institutions. The blatant violation of human rights during the World War II shocked the conscience of the international community and they felt to make framework for human rights which should be protected in a … [....]
In Bangladesh we are dispensing justice in a judicial system which is predominantly an adversarial model. Our litigants are more interested in taking revenge for what they had to pay or suffer being subjected to offence or wrongdoing. In such an adjudicative environment we cannot limit our role as a formal adjudicator rather assuming the role of a mediator. We try to reconcile the legal vengeance at the litigating parties in tactful manner where the problems are addressed more humanely and cause of justice is ensured. District Legal Aid Officers(who are also deputed from judges) provide legal advice, mediate between litigating parties and influence litigating people for compromise and through this way we get the number of cases reduced and peace and harmony in the society restored.
In the judicial system of Bangladesh, we provide the restorative justice in the following aspects-
Restoration of the People in their normal course of life and in the community
[A review of the book review reviewed by Kim-Philips-Fein in the Democracy Journal on Kevin M Kruse‘s book: ‘One Nation Under God- How Corporate America Invented Christian America’]
Perhaps, “the great” American’s greatness is much expressed in its deceptive camouflage of secularity over religiosity underneath.Though not much discerned, it had always carried a sustained effort to become a religious state, not in the meaning religion pervasive in everywhere but religion an essence of many manipulative tools. This effort has now taken a ruthless turn to be more desperate and to seem more transparent, largely for the greater benefit of corporate America.
For America, the so called “founding principles” – the guide toward developing anation entailing a divide between religion and state – only succeeded to strengthen an organized rise of a religious movement that againhardly followed any biblical guidelines. This rise, dubbed as the “great spiritual … [....]
From ‘Human’ to ‘Gunman’: Revisiting Franz Kafka’s ‘METAMORPHOSIS’
Oscar Leonard Carl Pistorius, the South African Olympic and Paralympic athlete who beat the odds to motivate millions worldwide, was shown in the cover page of the TIME magazine of March 11, 2013 as an entity who gradually transformed into a ‘Gunman’ through ‘Superman’ from a ‘Man’. These days the people even know that the romance of celebrity paralympian Oscar Pistorius and South African model and law graduate Reeva Rebecca Steenkamp did not result in an Oscar-winning comedy rather it turned into an incredible tragedy which nobody would spectate even in the nightmare. Unfortunately the tragedy was masterminded by Oscar himself in the night of Valentines’ Day who for some complicated state of his psyche transformed into a ‘Blade Gunner’ from the ‘Blade Runner’ by that time. Nothing like Franz Kafka’s absurdist fiction, the Metamorphosis(1915) the adverse transformation of Pistorius can be surrealistically viewed as … [....]
Equal access to justice is an inalienable human right. It is “an essential component of the system of protection and enforcement of human rights”. However, access to justice has different meanings. It may be defined narrowly, to signify an individual’s right to bring a claim to a court or tribunal and to have that court or tribunal decide the claim. It could also refer to the right to be given legal aid when the individual does not have the resources required to avail of legal remedies. In a broad sense, access to justice also includes, as a critical element, the individual’s right to have her claim decided according to substantive standards of fairness and justice.
In international human rights instruments, access to justice as a term of art is not used. Nonetheless, the right of access to justice is clearly guaranteed. In Article 8, the 1948 Universal Declaration of Human Rights … [....]
This article aims at analysing the relevance of the derogation clauses in Article 4 of the ICCPR, Article 15 of the ECHR and Article 27 of the ACHR in the post-9/11 state of permanent legal emergency, which allows State parties the right to suspend some of their obligations in protecting human rights during public emergency. This analysis will be supported first by a brief overview of the derogation clauses in the ICCPR, the ECHR and the ACHR; secondly with explanations of those clauses. The third part of this article will focus on the term ‘public emergency threatening the life of the nation’ developed by the European Courts of Human Rights (ECtHR), the Human Rights Committee (HRC) and the International Law Association (ILA) before 9/11. The subsequent part will show how the same ECtHR after 9/11 in the judgments of Belmarsh detainees and A and Others v. United Kingdom turned away from their original … [....]
Law and legal institutions are omnipresent in Bangladeshi society. So is the media, electronic media in particular. People are involved with the law like it or not. They often complain about legalism. They have developed a mind-set about the functioning of laws. Media plays a role in forming this mind-set. Accordingly, there is an uneasy relationship between law and the media. The law of libel and the social action litigations offer two glaring examples of this uneasy relationship. Legal scholars may write volumes on the legal aspects of the issue. However, to my mind, there is a motion factor in mounting up such a relationship. Let me explain how and why.
There was an age when law could have been traced from the king’s dictum or stone’s inscription. Afterwards, passing through the handwriting era, law entered into the printing age. Printing provided law a kind of continuity and stability in its functioning. … [....]
While reading a book called Freedom is not Free, by Shiv Khera I find an undeniable truth that every generation needs to earn its own freedom. That means freedom is not free, in order to achieve freedom there should be some sacrifice. Even the historic four freedoms propounded by Franklin Roosevelt had arisen out of sacrifice of millions of people in the event of unprecedented danger and instability during the World War II. Coming to the birth of Bangladesh, it was the freedom for which three million people sacrificed their lives. But unfortunately freedom is not free at all in Bangladesh even after forty four years of independence. Protection of freedom is constantly charging human lives amidst of fear and instability. Now the question is how many lives we have to sacrifice to secure freedom? A definite uncertainty might be the response.
The recent brutal killing of Avijit Roy, a writer and co- founder moderators of … [....]