by JA’FAR ALSABBAGH
“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