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Asian Yearbook of International Law
Asian Yearbook of
International Law
Volume 23 (2017)

leiden | boston
 This is an open access title distributed under the terms of the CC-BY-NC 4.0 License,
which permits any non-commercial use, distribution, and reproduction in any medium,
provided the original author(s) and source are credited.

The Development of International Law in Asia-Korea (DILA-KOREA), as the secretariat of DILA, is respon-
sible for the management of DILA along with the Asian Yearbook of International Law and Asia Pacific
Ocean Law Institutions Alliance. DILA-KOREA has generously provided financial support so that Volume 23
(2017) is available as open access.

Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill-typeface.

ISBN 978-90-04-41580-5 (hardback)

ISBN 978-90-04-41582-9 (e-book)

Copyright 2019 by the Authors. Published by Koninklijke Brill NV, Leiden, The Netherlands.
Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi,
Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag.
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commercial re-use, use of parts of the publication, and/or translations mustbe addressed to Koninklijke
Brill NV.

This book is printed on acid-free paper and produced in a sustainable manner.

 Asian Yearbook of
International Law
Co-Editors-in-Chief
Seokwoo Lee
Hee Eun Lee

Executive Editor

Christine Sim

Editorial Board Members

Jay Batongbacal Kitti Jayangakula

Tran Viet Dung Sumaiya Khair
Mario Gomez Jaclyn Neo
V.G. Hegde Li-Ann Thio
Juwana Hikmahanto Dustin Kuan-Hsiung Wang
Kanami Ishibashi Guifang Julia Xue

State Practice Contributors Founding General Editors

Sumaiya Khair (Bangladesh) Ko Swan Sik

V.G. Hegde (India) Christopher W. Pinto
Kanami Ishibashi (Japan) J.J.G. Syatauw
Buhm-Suk Baek (Korea)
Shaun Kang (Malaysia) Key Editors For Previous Volumes
Jay L. Batongbacal (Philippines)
Jaclyn Neo and Rachel Tan Xi’En (Singapore) B.S. Chimni
Kitti Jayangakula (Thailand) Miyoshi Masahiro
Tran Viet Dung (Vietnam) Javaid Rehman
Surya Subedi
Advisory Board Members Kevin YL Tan
Li-Ann Thio
Karin Arts
Jamal Seifi
Kevin Y.L. Tan

Volume 23 (2017)

The titles published in this series are listed at brill.com/ayil

Foundation for the Development of International
Law in Asia (DILA)

DILA was established in 1989, at a time when its prime movers believed that
economic and political developments in Asia had reached the stage at which
they would welcome and benefit substantially from a mechanism to promote
and facilitate exchanges among their international law scholars that had failed
to develop during the colonial era.
The Foundation was established to promote: (a) the study of and analysis of
topics and issues in the field of international law, in particular from an Asian
perspective; (b) the study of and dissemination of knowledge of international
law in Asia; and (c) contacts and co-operation between persons and institu-
tions actively dealing with questions of international law relating to Asia.
The Foundation is concerned with reporting and analyzing developments
in the field of international law relating to the region, and not primarily with
efforts to distinguish particular attitudes, policies or practices as predominate-
ly or essentially “Asian”. If they are shown to exist, it would be an interesting
by-product of the Foundation’s essential function, which is to bring about an
exchange of views in the expectation that the process would reveal areas of
common interest and concern among the states of Asia, and even more impor-
tantly, demonstrate that those areas of interest and concern are, in fact, shared
by the international community as a whole.
The Asian Yearbook of International Law

Launched in 1991, the Asian Yearbook of International Law is a major interna-

tionally-refereed yearbook dedicated to international legal issues as seen pri-
marily from an Asian perspective. It is published by Brill under the auspices of
the Foundation for the Development of International Law (DILA).
When it was launched, the Yearbook was the first publication of its kind,
edited by a team of leading international law scholars from across Asia. It pro-
vides a forum for the publication of articles in the field of international law
and other Asian international legal topics. The objects of the Yearbook are two-
fold. First, to promote research, study and writing in the field of international
law in Asia; and second, to provide an intellectual platform for the discussion
and dissemination of Asian views and practices on contemporary internation-
al legal issues.
Each volume of the Yearbook contains articles and shorter notes, a section
on State Practice, an overview of the Asian states’ participation in multilateral
treaties and succinct analysis of recent international legal developments in
Asia, as well as book reviews when available. We believe this publication to be
of importance and use to anyone working on international law and in Asian
studies.
In keeping with DILA’s commitment to encouraging scholarship in interna-
tional law as well as in disseminating such scholarship, its Governing Board
decided to make the Yearbook open access and is available through Brill Open.
Acknowledgments

The Co-Editors-in-Chief would like to acknowledge and thank the staff of the
Handong International Law School Law Review for their work reviewing and
editing the citations in the Yearbook.
The staff includes Senior Editors Eunhae Oh (Editor-in-Chief), Woon Ko
(Managing Editor), Judith Baek, Seorin Choi, Seonmin Kim, and Taeheon Kim;
and Junior Editors Min Sun Cha, In Hyuk Hwang, Dajeong Kim, So Jin Kim, and
Yeonsoo Lim.
Contents

Editorial Note XI
Seokwoo Lee and Hee Eun Lee

Special Feature: Current International Legal Issues of Asian States

Current International Legal Issues: Bangladesh 3

Muhammad Ekramul Haque

Current International Legal Issues: Korea 17

Seokwoo Lee and Seryon Lee

Current International Legal Issues: Malaysia 25

Mary George

Current International Legal Issues: Philippines 41

Rommel J. Casis and Maria Pia Benosa

Current International Legal Issues: Taiwan 61

Kuan-Hsiung Wang

Current International Legal Issues: Thailand 71

Kitti Jayangakula

Current International Legal Issues: Vietnam 78

Trinh Hai Yen and Ton Nu Thanh Binh

Articles

The Enforcement of Human Rights Treaties in Korean Courts 95

Whiejin Lee

The Settlement Practice of Environmental Disputes Involving Foreign

Investors in Vietnam – the Two Sides of the FDI Coin 137
Tran Viet Dung and Ngo Nguyen Thao Vy
x Contents

Legal Materials

Participation in Multilateral Treaties 175

Karin Arts

State Practice of Asian Countries in International Law

Sumaiya Khair (Bangladesh) 203
V.G. Hegde (India) 227
Kanami Ishibashi (Japan) 255
Buhm-Suk Baek (Korea) 263
Shaun Kang (Malaysia) 273
Jay L. Batongbacal (Philippines) 278
Jaclyn L. Neo and Rachel Tan Xi’En (Singapore) 282
Kitti Jayangakula (Thailand) 286
Tran Viet Dung (Vietnam) 293

Literature

International Law in Asia: A Bibliographic Survey – 2017 305

Christine Sim

Dila Events

2017 DILA International Conference and 2017 DILA Academy &

Workshop 325
Seokwoo Lee and Hee Eun Lee
Editorial Note

The 2017 edition (volume 23) of the Asian Yearbook of International Law has a
special feature section highlighting current international legal issues facing
particular Asian states and is followed by articles; legal materials including a
listing of the participation of Asian states in multilateral ­treaties and a descrip-
tion of the state practice of Asian states in the field of international law; along
with a literature section featuring a bibliographic survey of materials dealing
with international law in Asia; and finally a summary of the activities under-
taken by the Foundation for the Development of International Law in Asia
(dila) in 2017.

I Special Feature: Current International Legal Issues of Asian States

The special feature articles were drawn from papers that were presented at the
2019 dila-Korea International Conference held in Seoul, Korea from January
24 to 27, 2019. The theme of the conference was “Asian State Practice of Domes-
tic Implementation of International Law.” Participants were asked to report on
the most important international legal issues that the participants’ home
countries were facing. The idea was to provide a comprehensive snapshot of
those matters affecting their countries and a descriptive account of the issues
and provide a short explanation of how international law is being applied.
Muhammad Ekramul Haque, Professor in the Department of Law of the
University of Dhaka, begins with his summary of current international legal
issues facing Bangladesh. He notes that Bangladesh is an active participant in
the international legal system because of its transition as a “Least Developed
Country” to a middle-income country. He highlights the issue of refugee
law and the Rohingya crisis pointing out that an estimated one million Ro-
hingya reside in Bangladesh due to the difficulties they face in Myanmar.
Professor Haque also comments on the issue of Bangladesh’s War Crimes
Tribunals noting that they have delivered judgments in 34 cases against 83
criminals of war crimes up until 2018. Next, he looks at the problem Ban-
gladesh has had with Myanmar and India over maritime boundaries and its
settlement by the International Tribunal for the Law of the Sea and arbitral
tribunal administered by the Permanent Court of Arbitration respectively.
Professor Haque then briefly examines Bangladesh’s efforts to combat cli-
mate change through various international legal mechanisms along with
intellectual property law issues related to the Agreement on Trade-Related
xii Editorial Note

Aspects of Intellectual Property Rights. He concludes with a discussion of

the implementation of major human rights treaties.
Seokwoo Lee, of the Board of Editors and Professor of International Law at
Inha University School of Law, and Seryon Lee, Professor of the School of Law
of Chonbuk National University, summarize Korea’s contemporary involve-
ment in international law due in large part due to Korea’s vibrant export-­
oriented economy, its status as an Asian middle power, and the emergence of a
robust Korean democracy. They begin their examination with a look at Korea-
Japan relations in the context of history and unresolved issues emanating from
Japan’s colonization of Korea and conduct during World War ii with specific
reference to the “comfort women” problem and claims for forced labor. Subse-
quently, they denote issues pertaining to the law of the sea and specifically,
relevant national legislation and other maritime issues related to the Arctic
region and joint development with Japan. Next, they look at the impact on
investment and the environment in Korea along with international security
matters in relation to North Korea. Lastly, the topic of refugees is addressed as
Korea has become a destination country in recent years.
Mary George, Professor of the Faculty of Law and Institute of Ocean and
Earth Sciences of the University of Malaya, follows with a description of Ma­
laysia’s current involvement with international legal issues. She begins with an
examination of Malaysia’s air law issues including liability and compensation
under the Warsaw and Montreal Conventions and matters arising out of the
1944 Chicago Convention. Then, Professor George goes on to briefly address the
matter of refugees observing that Malaysia has not ratified the 1951 Convention
relating to the Status of Refugees and its related 1967 Protocol; the 1954 Conven-
tion relating to the Status of Stateless Persons; and the 1961 Convention on the
Reduction of Statelessness. She then moves on to comment on Malaysia’s un-
derstanding of the legal rights and obligations of foreign vessels, including war-
ships in its exclusive economic zone. She then addresses the Lynas Advanced
Materials Plant issue and the removal of nuclear waste from Malaysia from
the perspective of related international conventions. Afterwards, Malaysia-
Singapore relations in the Straits of Johore are examined in the context of the
delimitation of the thalweg in the Straits of Johore. Professor George also looks
at how Malaysia has implemented the Maritime Labour Convention through
its domestic legislation. Next, she reports on Malaysia’s activities in relation to
the Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South
Ledge (Malaysia/Singapore) case at the icj and lastly on Malaysia’s claims in the
South China Sea and its position on maritime claims by foreign states.
Next, Rommel J. Casis, Director of the Institute of International Legal Stud-
ies and Assistant Professor of the University of the Philippines (UP) Law
Editorial Note xiii

­ enter, and Maria Pia Benosa, Professorial Lecturer at the UP College of Law,
C
report on salient international legal matters affecting the Philippines. They be-
gin with a look at the conclusion of treaties and other international agree-
ments within the context of the “Three Pillars of Philippine Foreign Policy”
which are the preservation and enhancement of national security, promotion
and attainment of economic security, and the protection of the rights and pro-
motion of the welfare of overseas Filipinos. Next, they discuss the involve­
ment of the Philippines in international litigation and adjudication; the mat-
ter of statehood, jurisdiction of states, and organs of states in reference to the
Bangsamoro Organic Law which created the Bangsamoro Autonomous Re-
gion; and briefly examine matters pertaining to international environmental
law. This follows with a discussion of important human rights matters in the
Philippines as they pay particular attention to extrajudicial killings and
summary executions; threats to freedom of speech; non-violent discipline of
children; and the state of jails in the Philippines. Then, attention is given to in-
ternational criminal law and the issues arising out of the Philippine withdrawal
from the International Criminal Court. Following, they discuss the internation-
al cooperation of the Philippines with particular reference to mutual legal
assistance treaties and the prevention of pandemic influenza and other dan-
gerous communicable disease. Lastly, they focus their attention to significant
law of the sea matters including the South China Sea arbitration (Philippines v.
China) under Annex vii of the unclos along with the successful claim to an
extended continental shelf in the Benham Rise region; the maritime boundary
delimitation with Indonesia; and proposed legislation on maritime affairs.
Next, Kuan-Hsiung Wang, Professor of the Graduate Institute of Political
Science, National Taiwan Normal University, gives his report on current inter-
national legal issues facing Taiwan. He begins by noting that Taiwan’s interna-
tional legal status has been an issue since 1949 and that despite the difficulties
with its international legal status given the presence of the Peoples’ Republic
of China, it has official diplomatic relations with a number of countries as well
as close economic relations with most members of the international commu-
nity. He then looks to the issue Taiwan faces in relation to concluding interna-
tional treaties and participating in international organizations. He observes
that under the circumstances of the non-recognition of Taiwan, it is difficult
for it to conclude agreements with other states. However, he notes that Taiwan
is still able to accede to certain agreements for functional purposes. Lastly, he
addresses Taiwan’s law of the sea matters and in particular, its maritime claims
and fishery disputes in both the East China Sea and South China Sea.
Kitti Jayangakula, Professor of Law of Eastern Asia University School of Law,
follows with his description of Thailand’s interaction with international law
xiv Editorial Note

with an emphasis on human rights. He notes that human rights violations in

Thailand have been acute during the period after the military coup in 2014
until the present time. He points out that the current junta government has
broad authority to limit or suppress fundamental human rights and has granted
itself immunity for its actions. He then addresses the problem of human
trafficking on women and children noting that Thailand is a source, transit and
destination country for the trafficking of children and women for sexual
purposes and labor. Finally, the issue of migrant workers in Thailand, who are
often forced to engage in difficult work for low wages and are placed in unsafe
or unsanitary work environments, is dealt with.
Lastly, Trinh Hai Yen, Professor of Law in the Faculty of International Law of
the Diplomatic Academy of Vietnam, and Ton Nu Thanh Binh, who is a teach-
ing assistant at the same institution, provide their account of Vietnam’s most
significant international legal issues and how international law is being ap-
plied in these circumstances. They begin by pointing out the importance of
law of the sea matters by introducing Vietnam’s maritime law enforcement
agencies, its efforts in the negotiation of the Code of Conduct in the South
China Sea and Vietnam’s response to the 2016 South China Sea arbitration. This
follows with a treatment of investment and trade issues with respect to the
negotiation and conclusion of investment and trade treaties and a description
of investment and trade disputes Vietnam has been engaged with through in-
ternational arbitration and at the wto. Next, they address human rights issues
noting Vietnam’s participation in most of the key conventions on basic human
rights along with a specific treatment of the protection of persons with
disabilities and the prevention of torture. They end their treatment of Vietnam
with a look at how Vietnam has engaged in diplomatic protection of its
citizens abroad particularly in reference to Vietnamese fishermen.

II Featured Articles

The special issue articles are followed by the first featured article by Ambassa-
dor Whiejin Lee who provides an in-depth analysis of “The Enforcement of
Human Rights Treaties in Korean Courts”. He notes that the Korean judiciary’s
reference to human rights treaties has been expanded in regards to the socially
disadvantaged and minorities and that lower courts have on occasion cited to
human rights treaties directly. His article examines the ways in which human
rights treaties have been invoked and applied in the decisions of the highest
courts of Korea and provides suggestions for judicial remedies.
Editorial Note xv

Next, Tran Viet Dung, Associate Professor and Dean of the International
Law Faculty of Ho Chi Minh City University of Law, and Ngo Nguyen Thao
Vy, Law Lecturer of the International Law Faculty of Ho Chi Minh City Univer-
sity of Law, examine “The Settlement Practice of Environmental Disputes In-
volving Foreign Investors in Vietnam – The Two Sides of the fdi Coin”. They
have observed that foreign direct investment (fdi) has seen a strong and sus-
tained increase after Vietnam’s accession to the World Trade Organization and
that fdi has contributed to various environmental problems and challenges to
Vietnam. In their article, they examine how Vietnam has addressed these dif-
ficult issues through legislation and regulation and make recommendations on
how to improve the resolution of these environmental disputes.

III Legal Materials

The Yearbook from its inception was committed to providing scholars, practi-
tioners, and students with a report on Asian state practice as its contribution
to provide an understanding of how Asian states act within the international
system and how international law is applied in their domestic legal systems.
The Yearbook does this in two ways. First, it records the participation of Asian
states in multilateral treaties; and second, it reports on the state practice of
Asian states. A number of diligent scholars have provided the Yearbook with
reports on the 2017 state practice of their respective countries.

1 Participation in Multilateral Treaties

Karin Arts of the International Institute of Social Studies, Erasmus Univer­
sity Rotterdam in The Hague, the Netherlands, has compiled and edited the
participation of Asian states in multilateral treaties for the 2017 calendar
year.

2 State Practice of Asian States in the Field of International Law

The State Practice section of the Asian Yearbook of International Law is in­
tended to offer readers of the Yearbook an outline and summary of the activi-
ties undertaken by Asian states that have a direct bearing on international law.
The national correspondents, listed in the table of contents, have undertaken
the responsibility to report on the state practice of their respective countries
during the 2017 calendar year. Their submissions describe how these states are
applying international law in their domestic legal systems and in their foreign
relations.
xvi Editorial Note

IV Literature

1 Bibliographic Survey
Christine Sim, of the Board of Editors and of Herbert Smith Freehills, has pre-
pared the bibliography for 2017 which provides information on books, articles,
notes, and other materials dealing with international law in Asia.

V dila Activities

The 2017 edition of the Yearbook concludes with a report on the activities un-
dertaken by dila in 2017, namely the annual dila International Conference
and DILA Academy and Workshop that was held on June 22 – 24, 2017 at
­Koguan Law School on the campus of Shanghai Jiao Tong University in Shang-
hai, China.

Seokwoo Lee
Co-Editor-in-Chief

Hee Eun Lee

Co-Editor-in-Chief
Special Feature: Current International Legal
Issues of Asian States

∵
Current International Legal Issues: Bangladesh
Muhammad Ekramul Haque*

1 Introduction

Bangladesh is presently an active participant in the international legal system,

in large part due to its emerging economy based on ready made garments1
exports and its near graduation2 from Least Developed Country (ldc) catego-
ry towards becoming a middle-income country. The development story of
­Bangladesh3 represents a successful turn from being a ‘basket’ case with im-
provements in various indices and measures of international development
­regime, more particularly the Millennium Development Goals (mdgs) and
subsequent Sustainable Development Goals (sdgs). However, being one of the
most vulnerable nations affected by climate change,4 it also is an active advo-
cate of various international measures on environmental issues. The recent
refugee influx of Rohingyas from Myanmar also puts the country in focus,
­particularly in areas of refugee rights and their right to return. The geograph-
ic position of Bangladesh as a littoral state with exceptional coastlines also led
to amicable litigation with neighbouring India and Myanmar, with the judg-
ments and awards contributing to international maritime jurisprudence.5

* Professor, Department of Law, University of Dhaka, Bangladesh.

1 Kaushik Basu, Why is Bangladesh Booming?, The Daily Star (Apr. 27, 2018, 12:00 AM),
https://www‌.the‌dailystar.net/opinion‌‌/project-‌‌syndicate/w‌hy-bangladesh-booming‌-1568233.‌
2 Debapriya Bhattacharya & Sarah Sabin Khan, Bangladesh’s Graduation from the LDC
Group: Pitfalls and Promises: Clarifying the MIC-LDC Confusion, The Daily Star (Mar. 21,
2018, 12:00 AM), https:‌//‌www.‌thedailystar.net/opinion/economics/clarifying-the-mic-ldc-
confusion-1550980.
3 See Oxford Union, Bangladesh Panel Discussion: Full Discussion and Q&A, YouTube (June 19,
2016), https://www.youtube.com/watch?v=wBv1XhkeS_0 (discussing the development of
Bangladesh from a basket case to a global model of development; some prominent figures
like Dr. Kamal Hossain, Dr. Gowher Rizvi, Professor Sir Paul Collier and Professor Nathan
MCube took part in this discussion).
4 See David Eckstein et al., Global Climate Risk Index 2019, Germanwatch (2018),
https://www.ger‌‌‌‌m anwatch.org/sites/germanwatch.org/files/Global%20Climate%20
Risk%20Index%202019_2.pdf (showing that Bangladesh has ranked 7th in the list of most
affected countries of climate change in the world in the Global Climate Risk Index 2019).
5 See Abdullah Al Faruque, Judgment in Maritime Boundary Dispute Between Bangladesh and
Myanmar: Significance and Implications Under International Law, 18 Asian Yearbook of
International Law 64 (2012); see also D. H. Anderson, Delimitation of the Maritime
­Boundary in the Bay of Bengal (Bangladesh/Myanmar), 106 American Journal of Inter-
national Law 817 (2012).

© Muhammad Ekramul Haque, ���9 | doi:10.1163/9789004415829_002

This is an open access chapter distributed under the terms of the CC-BY-NC 4.0 License.
4 Haque

­Additionally, Bangladesh also spearheads various regional cooperation initia-

tives such as the South Asian Association for Regional Cooperation (saarc)
and the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Co-
operation (bimstec). These factors contributed to the country becoming in-
creasingly immersed in international legal issues. In the past, the unique birth
of Bangladesh as a new state in 1971 through a war against Pakistan invoked in-
ternational legal concepts such as the people’s right to self-determination6
in a setting that was not colonial in the traditional sense, and as well raised is-
sues of recognition and state succession, putting the relevant international
legal rules in a new perspective.7 Moreover, the genocide and other interna-
tional crimes that occurred during the war of 1971 represent some issues that
are yet to be resolved, particularly regarding the foreign perpetrators, with
Bangladesh setting up domestic international crimes’ courts for trial of some
local offenders and collaborators. International law has become more relevant
to Bangladesh as it becomes more embedded in the global economy, particu-
larly in areas of international trade, environment, and labour rights. Further-
more, the apex judiciary of Bangladesh commendably frequently relies on the
international human rights regime to expand the protection of fundamental
rights granted by the Constitution of Bangladesh, particularly in areas such as
protection of women and children, protection of environment, and ensuring
the right to life and liberty.8

2 Refugee Law and the Rohingya Crisis

In connection with the age-old persecution carried out in Myanmar against its
Rohingya minority,9 a recent refugee crisis was encountered by Bangladesh.
The Rohingya people who are historically claimed by Myanmar as Bangladesh-
bred fled from Myanmar and as a result, the host State, Bangladesh ­experienced

6 See M. Rafiqul Islam, Secessionist Self-Determination: Some Lessons from Katanga, Biafra and
Bangladesh, 22 Journal of Peace Research 211 (1985).
7 For details of the international legal implications of the liberation war of 1971, see M. Rafiqul
Islam, The Bangladesh Liberation Movement: International Legal Implica-
tions (1st ed. 1987).
8 E.g., II ADC (2005) 371; Bangl. v. Hasina, 60 DLR (AD) (2008) 90.
9 See Md Jobair Alam, The Rohingya Minority of Myanmar: Surveying Their Status and Protec-
tion in International Law, 25 International Journal on Minority & Group Rights
157 (2018); see also Jobair Alam, The Rohingya of Myanmar: Theoretical Significance of the Mi-
nority Status, 19 Asian Ethnicity 180 (2018) (describing a critical examination of the Ro-
hingya minority crisis in international law).
Current International Legal Issues 5

and witnessed one of the largest influxes of migrant refugees of this region.
The Rakhine Population, resident in the Rakhine Province of Myanmar, more
widely known as Rohingya, have throughout the years been considered as one
of the most unwanted accumulations of people.10 Huge amounts of people,
amassing to hundreds of thousands have fled into Bangladesh to escape vio-
lence. Statistically speaking, approximately 700,000 Rohingya have fled over
international borders into Bangladesh by mid-August 2018, following an op­
eration. This very recent instance is not sole in nature. Such an incident has
happened before in the past, looking back to 1978, 1992 and 1996, where these
Rohingya people had made their way into Bangladesh. An estimated one mil-
lion Rohingya reside in Bangladesh. These incidents of exoduses have brought
up the question of what these people can be referred to from the point of view
of International Law, and this has sparked debates over their status as
refugees.11
One of the pivotal reasons of such a question arising is the fact that Bangla-
desh is not a party to the 1951 Convention on Refugee. However, this fact does
not necessarily free Bangladesh from all responsibilities regarding Rohingya,
taking into consideration the fact that Bangladesh is a party to several other
International Treaties which include the International Covenant on Civil and
Political Rights (iccpr) and the United Nations Convention on Cruel, Inhu-
man and Degrading Treatment and Punishment (cat). Bangladesh has, in
compliance with its customary international obligation of non-refoulement,
accepted the Rohingya population into its territory. Non-refoulement principle
has bound the country despite its being a non-signatory to the Convention by
dint of the character that the principle has attained beyond treaties and con-
ventions. Even though not under the United Nations High Commissioner for
Refugees (unhcr) Convention, non-refoulement is an obligation for the coun-
try to comply with under international instruments such as the Universal Dec-
laration of Human Rights, iccpr and cat. The status determination was (as it
happens in the context of South Asia and other developing countries) a prima
facie group status determination.

10 See Archana Parashar & Jobair Alam, The National Laws of Myanmar: Making of Stateless-
ness for the Rohingya, 57 International Migration 94 (2019) (critically analysing the
current status of the Rohingya people); see Nehginpao Kipgen, The Rohingya Crisis: The
Centrality of Identity and Citizenship, 39 Journal of Muslim Minority Affairs
61 (2019) (demonstrating the Myanmar government’s showing its unwillingness to ad-
dress the issue of ethnicity, nationality and citizenship).
11 It is to be noted that the host country Bangladesh is not ‘officially’ calling the Rohingya
people as ‘refugee.’
6 Haque

The Human Rights Committee in its Concluding Observations on the initial

report submitted by Bangladesh as a state party to the iccpr expressed its con-
cern over the issue of large number of ‘refugees’ in Bangladesh and observed:
‘The State party [to the iccpr] should implement legislative and a­ dministrative
measures to fully comply with the principle of non-refoulement in line with
articles 6 and 7 of the Covenant [iccpr]. It should consider acceding to the
1951 Convention relating to the Status of Refugees and its 1967 Protocol. It
should ensure that refugees are not forcibly relocated and that planned reloca-
tion sites offer conditions of life compatible with the international obligations
of the State party.’12 The Committee on Economic, Social and Cultural Rights
(cescr) in its Concluding Observations on the initial report submitted by Ban-
gladesh as a state party to the iccpr appreciated Bangladesh ‘for the efforts of
the State party to host over a million Rohingya refugees forced to flee system-
atic and violent persecution, and recognizes the immense challenges faced by
the State party as host country’.13 The cescr expressed its deep c­ oncern ‘that
these Rohingya do not have legal status in the State party, which restricts their
movement outside of the camps to access health-care ­services, education and
other basic services’14 and has made the following recommendation:

The Committee recommends that the State party take effective measures
to recognize the legal status of the Rohingya, with a view to ensuring
their access to livelihoods, health care, particularly emergency medical
treatment, education and other basic services provided outside of the
camps.15 It also recommends that the State party, with the humanitarian
assistance of the international community, take immediate measures to
ensure the safety of the Rohingya in camps and to safeguard against
­outbreaks of diseases such as diphtheria and cholera. Welcoming the
launch of the 2018 joint response plan for the Rohingya humanitarian
crisis, the Committee encourages the State party to continue its efforts to
seek international assistance and cooperation in improving the living
conditions of the Rohingya, and in seeking durable solutions to their
situation.16

12 UN Human Rights Comm., Concluding Observations on the Initial Report of Bangladesh,

U.N. Doc. CCPR/C/BGD/CO/1 (Apr. 27, 2017), https://www.refworld.org/docid/591e97c54
.html.
13 UN Econ. and Soc. Council (CESCR), Concluding Observations on the Initial Report of Ban-
gladesh, U.N. Doc. E/C.12/BGD/CO/1 (Apr. 18, 2018), https://tbinternet.ohchr.org/_layouts/
treatybodyexternal/Download.aspx?symbolno=E/C.12/BGD/CO/1&Lang=En.
14 Id.
15 Id.
16 Id.
Current International Legal Issues 7

unhcr has started advocating for repatriation of the Rohingya refugees

back to Myanmar; however, the concern lies with the fact that the repatriation
might not be a voluntary one as has been envisaged by the international refu-
gee instruments in order to supposedly constitute the ‘end’ to a refugee cycle.
The repatriation that was facilitated by unhcr in 1992 was widely thought to
be tainted with an essentially ‘non-voluntary’ character which never led to a
successful reintegration of the repatriated Rohingya people in Myanmar, and
rather paved the way for further problems.
However, recently the Prosecutor of the International Criminal Court (icc)
requested the Pre-Trial Chamber of icc under Article 19(3) of the icc Statute
to adjudge whether the icc has jurisdiction ‘over the alleged deportation of
members of the Rohingya people from the Republic of the Union of Myanmar
(“Myanmar”) to the People’s Republic of Bangladesh (“Bangladesh”).’17 The
main difficulty the Pre-Trial Chamber had to face was the issue of the applica-
bility of the icc Statute to Myanmar who is not a state party to the Statute. The
Pre-Trial Chamber, applying the principle of la competence de la competence or
Kompetenz-Kompetenz, a well-established principle of international law ac-
cording to which a tribunal can determine its own extent of jurisdiction, exer-
cised its jurisdiction to determine its own jurisdiction. The Chamber reasoned
that since an element of crime (crossing of a border) occurred on the territory
of Bangladesh (which is a state party to the Statute), the Court may exercise its
jurisdiction to prosecute the crime.18 However, the government of Myanmar
rejected the ruling of the Pre-Trial Chamber and called the ruling a result of
faulty procedure and dubious merit on the basis that Myanmar is not a state
party to icc Statute and therefore the country is not under any obligation to
respect the decision of the icc. However, international commentators have
seen the decision as a ‘step forward for stopping forced deportations’.19

17 Decision on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3)
of the Statute”, ICC-RoC46(3)-01/18-37, ¶1 (Sept. 6, 2018), https://www.icc-cpi.int/Court
Records/CR2018_04203.PDF.
18 It is to be noted that there was a dissenting opinion from Judge Perrin de Brichambaut on
the procedural grounds. Judge Perrin reasoned that the ruling requested by the Prosecu-
tor shall amount to an advisory opinion, which the Court is not empowered to do.
19 See Victoria Colvin & Phil Orchard, The Rohingya Jurisdiction Decision: A Step Forward for
Stopping Forced Deportations, 73 Australian Journal of International Affairs
16 (2019); see Morten B. Pedersen, The ICC, the Rohingya and the Limitations of Retributive
Justice, 73 Australian Journal of International Affairs 9 (2019); see also Doug-
las Guilfoyle, The ICC Pre-Trial Chamber Decision on Jurisdiction over the Situation in
Myanmar, 73 Australian Journal of International Affairs 2 (2019).
8 Haque

3 War Crimes Tribunal and International Criminal Law

With a view to trying the accused persons of war crimes, in the liberation war
of Bangladesh in 1971, the International Crimes Tribunal Act was enacted in
1973, only two years after the independence.20 However, due to multifarious
issues intertwined between domestic and international politics,21 the trials
took a substantial period of time to in fact begin. In 2009, a significant number
of amendments were brought to the Act.22 The suspects were identified by the
War Crimes Fact Finding Committee prior to the formation of the Tribunal.
Under the Act, the first tribunal was established and in 2010, the first few in-
dictments were issued. A second tribunal was constituted in March 2012 in
order to speed up the war crimes trials. As of 2015, only one tribunal is in place;
the second one established in 2012 became a non-functioning one following a
decrease in the number of cases.
In accordance with its title, this law is ‘an Act to provide detention, prosecu-
tion, and punishment of persons for genocide, crimes against humanity, war
crimes, and other crimes under international law’.23 The Crimes Tribunal pros-
ecutes offences that share a particular commonality in terms of their substan-
tive definitions appearing within the rubric of international instruments and
the domestic piece of legislation in particular. However, in terms of the ele-
ments of crimes, there is quite a distinct line differentiating the two streams.
One reason that can be said to have been behind such anomaly is the fact that
the nature of crimes that were committed in 1971, required such an approach.
The crimes were committed by civilians from the Eastern wing of the then
Pakistan, who formed Peace (Shanti) Committee and Razakar, Al Badr, Al
Shams Bahini ‘auxiliary forces’, and led those in aiding and collaborating with
the Pakistani occupation army in committing the systemic crimes constituting

20 See A. K. M. Saiful Islam, Why War Crimes Tribunals Are Important for Bangladesh, The
Hill (Dec. 20, 2013, 04:00 PM), https://thehill.com/blogs/congress-blog/foreign-policy/
193696-why-war-crimes-tribunals-are-im‌p‌‌‌ortant-for-bangladesh.
21 See M. Rafiqul Islam, War Crimes Trial: Shimla Pact Not a Legal Barrier, The Daily Star
(Mar. 20, 2010), https://www.thedailystar.net/law/2010/03/03/index.htm (discussing how
it was initially thought that Shimla Pact was a legal barrier to the trial of international
crimes in Bangladesh. However, Professor M. Rafiqul Islam showed why it was not a bar-
rier at all).
22 International Crimes (Tribunals) (Amendment) Act 2009 (Bangl.), http://www.parliament
.gov.bd/i‌nd‌‌ex.php/en/parliamentary-business-3/business-of-the-house/bill-and-leg
islation/acts-of-parliament/acts-of-parliament-9th-parliament/acts-of-2nd-session/
1772-23-the-international-crimes-tribunals-amendment-act-2009.
23 International Crimes (Tribunals) Act 1973, Preamble, https://ihl-databases.icrc.org/
applic/ihl/ihl-na‌t.‌nsf/0/0618daaa2660e9b3c125771a00264b13/$FILE/International%
20Crimes%20(Tribunals)%20Act,%201973%20(as%20amended%20in%202009).pdf.
Current International Legal Issues 9

offences such as abduction, confinement, torture, murder and other inhuman

acts, as crimes against humanity and war crimes. Thus, the nature of crimes
was essentially different from that of the ones whose trial international crimi-
nal law envisages. The tribunals constituted under this Act are forums of first
instance, appeals against whose decisions lie with the Appellate Division of
the Supreme Court. This Act is not an enabling legislation for implementing
the international obligations of Bangladesh under international humanitarian
law, rather it is specifically dedicated to the trial of the offenders of 1971. Till
August 2018, the Tribunals have delivered judgments in 34 cases against 83
criminals of war crimes. Among the accused persons, 52 were sentenced to
death. After thirty-nine years of independence, the initiative taken by the State
to try the accused of war crimes is laudable; however, it is of interest to note
that internationally, certain human rights organizations raised some questions
regarding the standard of these trial proceedings.24

4 Law of the Sea and the Settlement of Maritime Boundaries

Disputes with Myanmar and India

The maritime dispute between Myanmar and Bangladesh concerned the de-
limitation of the territorial sea, exclusive economic zones and continental
shelves of these two States.25 The maritime boundary dispute with Myanmar
was settled by the International Tribunal for the Law of the Sea (itlos) in the
Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh
and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) (Case No. 16, Judg-
ment pronounced on 14 March 2012), which has been a milestone judgment in
the history of the law of the sea.26

24 For critique of the trial proceedings, see Surabhi Chopra, The International Crimes Tribu-
nals in Bangladesh: Silencing Fair Comment, 17 Journal of Genocide Research 211
(2015); Muhammad Abdullah Fazi et al., A Legal Analysis of the International Crimes Tribu-
nal Bangladesh: A Fair Trial Perspective, 2 The Asian Yearbook of Human Rights &
Humanitarian Law 350 (2018). For a reply to the criticisms against the trial proceed-
ings, see M. Rafiqul Islam, War Crimes Trial and International Standard, The Daily Star
(Feb. 19, 2011), https://www.thedailystar.net/law/2011/02/03/index.htm.
25 Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and
­Myanmar in the Bay of Bengal (Bangl./Myan.), Case No. 16, Judgment of Mar. 14, 2012,
ITLOS Rep. 4.
26 For an analytical discussion on the reason of preferring to settle the maritime dispute in
an international organization rather than by bilateral negotiation, see Kyawt Kyawt K
­ hine,
Maritime Boundary Dispute Between Myanmar and Bangladesh, 6 Mandalay Univer-
sity Research Journal 37 (2015); see also Aniruddha Rajput, Bay of Bengal Maritime
Delimitation Cases: Upholding the Rule of Law in International Relations, 14 Maritime
10 Haque

While delimiting the territorial sea, the Tribunal drew an equidistance line
from the baselines which were drawn by the respective States in accordance
with Article 15 of the 1982 Convention on the Law of the Sea (1982 Convention).27
The Tribunal was of the opinion that there were no special circumstances (St.
Martin’s Island which was argued by Myanmar to constitute a special circum-
stance was not found by the tribunal to do so), which could render deviation
from the equidistance line.
In respect of the delimitation of the exclusive economic zones and the con-
tinental shelves, the Tribunal came to the finding that in light of Articles 74 and
82 of the 1982 Convention, in order to achieve an equitable result, it was re-
quired to draw a single maritime boundary. A provisional equidistance line
was initially decided to be drawn by the Tribunal; however, taking into consid-
eration the concavity of Bangladesh coast, the said provisional equidistance
line was adjusted. Through the Myanmar judgment, Bangladesh obtained the
declaration of its sovereign right to a 200 nautical mile exclusive economic
zone and to a substantial share of the outer continental shelf beyond 200 nau-
tical miles. The judgment was welcomed by both the states and was regarded
as a win-win case.28
Following the resolution of the maritime boundary dispute between Myan-
mar and Bangladesh through the judgment rendered by the Tribunal, came
the resolution of the long-drawn maritime dispute between India and Bangla-
desh.29 This dispute was decided by an arbitral tribunal administered by the
Permanent Court of Arbitration (pca) situated at The Hague. In delimiting
the territorial sea between Bangladesh and India, the pca decided to apply the
equidistant methodology; but it then noted that the land boundary terminus
(determined by reference to a previous Radcliffe Award) needed to be consid-
ered as a ‘special circumstance’, making a strict application of the equidistance
methodology inequitable. In deciding upon the delimitation of the exclusive

­ ffairs: Journal of the National Maritime Foundation of India 24 (2018)

A
(viewing the settlement of maritime dispute of Myanmar, Bangladesh and India through
binding dispute resolution mechanism under the unclos as a ray of hope of establish-
ment of international rule of law).
27 For a commentary on such decision, see Faruque, supra note 5, at 69.
28 See Ravi A. Balaram, Case Study: The Myanmar and Bangladesh Maritime Boundary Dis-
pute in the Bay of Bengal and Its Implications for South China Sea Claims, 31 Journal of
Current Southeast Asian Affairs 85 (2012) (finding the Rohingya crisis as an im-
plication of this decision).
29 See Marcin Kaldunski, A Commentary on the Maritime Boundary Arbitration Between
­Bangladesh and India Concerning the Bay of Bengal, 28 Leiden Journal of Interna-
tional Law 799 (2015) (commenting on the award of the Tribunal from the viewpoint of
law of maritime delimitation).
Current International Legal Issues 11

economic zones and the continental shelves, however, the equidistance/­

relevant circumstances rule was found to be the most preferable. A very inter-
esting thing to note is that at the end of both of these cases, all the contending
parties claimed a ‘victory’ from their respective positions.
One important aspect of these two cases is their resulting effect of the for-
mation of a ‘Grey Area’ in the northern Bay of Bengal. It involves the intersec-
tion and overlap of rights and responsibilities in the exclusive economic zone
and continental shelf regime.30
Bangladesh is a party to the United Nations Convention on the Law of the
Sea (unclos), 1982. The Constitution of Bangladesh by its article 143 empow-
ered the Parliament to make necessary laws regarding the delimitation of mar-
itime boundaries of Bangladesh. Bangladesh enacted a law regarding ­maritime
boundaries and other ancillary matters in 1974, which is called the Territorial
Waters and Maritime Zones Act. Considering the fact that the law is inade-
quate and has been outdated, the making of a new legislation is now in the
process. The Bangladesh Maritime Zones Act, 2018 (Draft Law) is a compre-
hensive law comparing it to the 1974 Act. The proposed law includes certain
specific objectives to attain.31 They are: ‘to provide for the declaration and de-
termination of the maritime zones and to provide for the suppression of
­piracy, armed robbery, theft and to make provisions for punishment and for
matters connected therewith; the determination of the boundaries of the ter-
ritory of Bangladesh and of the territorial seas and the continental shelf of
Bangladesh;32 to determine maritime boundaries of territorial sea, internal
waters, continental shelf, contiguous zone and Exclusive Economic Zone be-
tween Bangladesh and its neighbouring coastal States in the territorial sea in
accordance with the 14 March 2012 Judgment of the International Tribunal for
the Law of the Sea in the Dispute Concerning Delimitation of the Maritime
Boundary Between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/
Myanmar) and the 7 July 2014 Award of the Arbitral Tribunal in the Bay of
­Bengal Maritime Boundary Arbitration Between Bangladesh and India;33 to
suppress maritime terrorism and unlawful acts against the safety of maritime

30 For a functional cooperative solution to this problem, see Raghavendra Mishra, The “Grey
Area” in the Northern Bay of Bengal: A Note on a Functional Cooperative Solution, 47 Ocean
Development & International Law 29 (2016).
31 Ministry of Foreign Affair The Bangladesh Maritime Zones Act, 2018
(DRAFT) (2018), https:‌//mof‌a.‌por‌tal.‌gov.bd/sites/default/files/files/mofa.portal.gov.bd/
page/6aac40c8_cdc3_4418_8755_db68f0ec9d5a/Bangladesh%20Maritime%20Zone%20
Act%202018%20Draft.pdf.
32 Id. at 2.
33 Id.
12 Haque

navigation and to provide for matters connected therewith or incidental

thereto’;34 and ‘to guide on international law applicable to armed conflicts at
sea and to give conscious effect of the intrinsic, ecological, social, economic,
scientific, educational, values of ocean governance, armed conflicts at sea and
its components and protection of marine environment’.35

5 Climate Change and Its Possible Effect on Bangladesh

Bangladesh as a member of the global south has been facing the consequences
of international law and its norms facilitating the developed countries. In this
post-colonial era, the international environmental laws are still in the nature
of soft law lacking binding mechanisms. However, the global south is continu-
ously trying to influence international law-making, even though in the nature
of soft laws in the field of environmental law. This shall ultimately result in the
creation of some globally accepted norms.36
Even in this global trend of ignoring international law mandates, Bangla-
desh is a party to the United Nations Framework Convention on Climate
Change 1992, Kyoto Protocol 1997, and Montreal Protocol 1987, and has accepted
both the London Amendment and Copenhagen Amendment. As domestic
mechanisms, there is the Bangladesh Climate Change Strategy and Action Plan
(bccsap) 2009 which functions by focusing on six specific strategic areas: food
security, social protection and health; comprehensive disaster management;
infrastructure; research and knowledge management; mitigation and low car-
bon development; and capacity building and institutional strengthening. Ban-
gladesh has also enacted the Climate Change Trust Fund Act in 2000 which has
a close connection with bccsap.37 Another domestic instrument dealing with
issues of climate change is the Financial Guideline of Government Projects
under Climate Change Trust Fund Act, 2000. As a result of climate change,
Bangladesh is vulnerable to sea level rise as well as to the melting of polar ice.
The impact of climate change on Bangladesh is multifaceted. The consequenc-
es would range from an adverse effect on the availability and quality of water

34 Id.
35 Id.
36 For a detailed discussion on the role of global south in the development of international
environmental law, see Parvez Hassan, Role of the South in the Development of Interna-
tional Environmental Law, 1 Chinese Journal of Environmental Law 133 (2017).
37 See Ministry of Env’t & Forests, Notification (2016) (Bangl.), http://www.dpp
.gov.bd/upload_file/g‌‌‌‌a‌z‌ettes/15741_60576.pdf (stating the objectives of this Act in the pre�-
amble as establishing a trust fund for fighting against the climate change impacts).
Current International Legal Issues 13

indirectly leading to an adverse effect on the livestock, to natural disasters

leading to human health crises in the form of infectious diseases following
such calamities. Bangladesh frequently faces natural disasters like flood,
drought, cyclones, and storm surges; an inevitable impact of climate change
will be more frequent, severe and intense natural disasters. Another impact
that climate change will have is on the ecosystem and biodiversity, and the
water as well as fisheries resources and crop agriculture among others, within
the territory of the country.

6 Intellectual Property Law Issues

The Patents, Designs and Trademarks Act of 1883 is the earliest legislation re-
lating to intellectual property in Bangladesh. The Act was repealed. The new
Patents and Designs Act was enacted in 1911 and the Trademarks Act in 1940.
Both Acts were amended and the Department of Patents, Designs and Trade-
marks (dpdt) was formed under the Ministry of Industries in 2003. The
­Trademarks Ordinance was promulgated in 2008 and later in 2009, the Trade-
mark Act was enacted. The Copyright Act, 2000 was enacted in 2000 and was
amended in 2005. In 1991 Bangladesh became a member of the Paris Conven-
tion for the Protection of Industrial Property. The new regime for trademarks
was established in 2009 as a requirement of compliance with the Paris Conven-
tion. This paved the way for Bangladesh to discharge some of its obligations
under the wto Agreement on Trade-Related Aspects of Intellectual Prop­erty
Rights (trips).38
Bangladesh is a signatory of trips. trips has created both prospects and
challenges for Bangladesh in numerous fields.39 With its blessing, Bangladesh
is able to create niche markets for geographically indicative goods like Jamdani
or Hilsha Fish, Fazli Mango, traditional medicinal plants like Turmeric and
Neem. However, it is presumed by experts that trips would leave the farmers
with limited rights to sell or exchange seeds on non-commercial basis.40

38 For a critical repercussion on this issue, see Muhammad A. Sayeed, Revisiting the Regime
of Trademark Protection in Bangladesh: TRIPS Compatibility and Ramifications, 7 Asian
Journal of International Law 264 (2017).
39 See Mohammad Towhidul Islam, TRIPS Agreement of the WTO: Implica-
tions and Challenges for Bangladesh (1st ed. 2013) (discussing the implications
and challenges of Bangladesh with regard to the TRIPS agreement).
40 See Mohammad Towhidul Islam, The Legal Regime of Plant Varieties and Farmers’ Rights
Protection in Bangladesh: Options and Challenges, 29 Dhaka University Law Journal
(2018) (discussing the legal regime of farmer’s rights protection in Bangladesh).
14 Haque

­ oreover, the issues of health and pharmaceutical industry in the IP rights

M
regime are of particular concern in these days.41
In the absence of a universal policy regime for the protection of Cross-Border
Geographical Indication, countries like Bangladesh are facing serious conse-
quences in their trade interests.42 Bangladesh has enacted the Geographical
Indication of Goods (Registration and Protection) Act 2013.43 It obtained the
Geographical Indication (GI) registration on Dhakai Jamdani and Hilsha of
Bangladesh. It has applied for 29 more items for GI registration like Katari
Bhog rice and Fazli Mango. Very recently Bangladesh has got the Geographical
Indication certificate of Khirsapat mango of Chapainawabganj as the third GI
product of the country after Jamdani and Hilsha fish. The Department of Pat-
ents, Designs and Trademarks has already published a journal relating to the
product. The concerned law requires such publication before issuing a GI cer-
tificate. Experts are of the opinion that in order to improve the intellectual
property rights enforcement system, the government must focus on creating a
special unit of law enforcement agencies and appoint special judges in order to
resolve IP disputes.

7 Human Rights Treaties and Bangladesh

Both the UN Charter and the International Bill of Rights (comprising the
udhr, iccpr and the icescr) deeply influenced the drafting of the Constitu-
tion of Bangladesh. Apart from its constitutional obligations regarding human
rights, Bangladesh incurs obligations under international human rights law
with regard to human rights as Bangladesh is a party to major international
human rights treaties. For example, Bangladesh acceded to the Internation-
al Covenant on Civil and Political Rights (iccpr) in 2000, the International
­Covenant on Economic, Social and Cultural Rights (icescr) in 1998, the Unit-
ed Nations Convention on Cruel, Inhuman and Degrading Treatment and

41 See Mustafizur Rahman & Sherajum Monira Farin, Research Report 2: WTO Decision on
TRIPS and Public Health: A Window of Opportunity for Bangladesh’s Pharmaceutical In-
dustry, Centre for Policy Dialogue (2018), https://cpd.org.bd/wp-content/­
uploads/2018/08/Research-Report-2-Rahman-and-Farin-2018_WTO-D‌e‌c‌‌ision-on-TRIPS-and-
Public-Health.pdf (discussing the relevance of TRIPS in pharmaceutical industry).
42 See Mohammad Towhidul Islam & Masrur Ansari, Cross-Border GI Protection: Challenges
and Ramifications for Bangladesh, WIPO-WTO Colloquium Papers (2017).
43 See Mohammad Towhidul Islam & Md. Habib, Introducing Geographical Indications in
Bangladesh, 24 Dhaka University Law Journal 51 (2016) (discussing the pros and
cons of the GI regime of Bangladesh); see also id.
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