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- ItemOpen AccessTransnationalization of Legal Education: A Confluence of Multiple Factors Review of “The Globalization of Legal Education: A Critical Perspective” by Bryant Garth and Gregory Shaffer(North South University, 2025-03-27) Md. Rizwanul IslamLegal education across many parts of the world is increasingly transnationalized. Transnationalized legal education is a metamorphosis propelled by a combination of factors, some endogenous to the law school and legal community, some exogenous to them. This review essay finds that globalization and reform of legal education are often part of a broader change within a state. Any reform of legal education is often chaotic, as it deals with human actors, not with value-free formulas. The engineers of reform of legal education have not been a single or cohesive force, but more often groups of reformers have coalesced with others to engender changes.
- ItemOpen AccessThe Application of International Law in the Municipal Legal System: A Highly Ad Hoc and Ambivalent Approach in Bangladesh Epitomizing a Broader Hermeneutics Trend?(North South University, 2025-06-14) Md. Rizwanul IslamNational courts are increasingly, if not routinely, dealing with questions of international law in a myriad of ways. The Supreme Court of Bangladesh (SCB) is no exception to this. However, through an extensive survey of the SCB's judgments, this Article demonstrates when and under what conditions the SCB would apply international law in cases before it. While the legal system of Bangladesh is, in theory, dualist, the practice is not always uniform. This Article argues that this trend emanating from the precedents of the SCB is not by any means unique to Bangladesh. It finds that such an ad hoc approach to the application of international law is not only problematic for the development of the corpus of national law of Bangladesh but also breeds confusion among litigants and professionals dealing with law without any formal training on international law. This Article argues that this is neither monism nor dualism but a form of 'oracle' by invoking (or not invoking) international law on a case-by-case basis.
- ItemOpen AccessIUCN's Amicus Curiae Submission in the Climate Change Advisory Opinion: Wind of Changing Practice at the ICJ?(North South University, 2025-05-06) Md. Rizwanul Islam; Sayere Nazabi SayemApparently, there is an increasingly relaxed approach to receiving amicus curiae briefs from non-state actors, particularly non-governmental organizations. The International Court of Justice (ICJ) has remained quite restrictive, balking against the general trend. It is not only that the Statute of the ICJ bars non-governmental organizations from invoking contentious and advisory jurisdiction of the Court, but the Court, through its Rules, has virtually shut the door for them to submit amicus curiae briefs. In light of the recent submission by the International Commission for Conservation of Nature (IUCN), by analyzing the various legal and policy issues, this article suggests that the Rules of the Court should be amended to allow amicus curiae briefs by NGOs.
- ItemOpen AccessRepatriation of the Persecuted Rohingya Through an ICJ Verdict: Utopia or an Equitable Remedy?(North South University, 2025-06-02) Md. Rizwanul Islam; Naimul MuquimThe mass exodus of the persecuted Rohingya has attracted the attention of the international community, and many countries around the world have condemned the atrocities perpetrated by Myanmar. This paper examines a judgment of the International Court of Justice (“ICJ” or “the Court”) and explores why and how the safe and dignified repatriation of the Rohingya to their homeland in Myanmar, would be a feasible solution to ameliorate the mistreatment of the Rohingya. By examining jurisprudence of the ICJ and relevant international legal provisions, the article demonstrates that this remedy could play a significant role in rendering justice that goes beyond mere symbolism.