http://suspace.su.edu.bd/handle/123456789/1641 Sat, 18 Apr 2026 12:37:54 GMT 2026-04-18T12:37:54Z http://suspace.su.edu.bd/handle/123456789/2650 The International Crimes Tribunals Bangladesh And International Law MD., Nuruzzaman Sun, 12 Jan 2025 00:00:00 GMT http://suspace.su.edu.bd/handle/123456789/2650 2025-01-12T00:00:00Z http://suspace.su.edu.bd/handle/123456789/2649 “Legal Status of Rohingya Refugees in Bangladesh: Gaps Between National Law and International Standards” Salma, Akter Rima The legal status of Rohingya refugees in Bangladesh represents a complex intersection between humanitarian considerations, national security interests, and international human rights norms. Despite hosting over one million forcibly displaced Rohingya people fleeing persecution in Myanmar, Bangladesh is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, nor does it have a national refugee law to regulate asylum, rights, and long term protection. As a result, Rohingya in Bangladesh are classified as “Forcibly Displaced Myanmar Nationals (FDMNs)” rather than refugees, creating a significant legal gap that directly affects their access to basic rights, durable solutions, and international protection. Under national law, the absence of a refugee framework means that rights such as freedom of movement, employment, education, and legal identity remain heavily restricted. Rohingya are largely confined to camps in Cox’s Bazar and Bhasan Char and rely primarily on humanitarian assistance. While Bangladesh upholds certain protections under constitutional guarantees of equality, and provides temporary shelter on humanitarian grounds, these measures fall short of the comprehensive rights envisioned under international standards. Conversely, international human rights law—including the Universal Declaration of Human Rights, Convention on the Rights of the Child, and customary norms against refoulement— requires states to ensure non-discrimination, access to basic services, and the right to a dignified life. Though Bangladesh informally observes many of these principles, practical implementation remains inconsistent due to resource limitations, political concerns, security risks, and the absence of legal codification. This gap between national law and international standards results in uncertain legal identity, limited protection mechanisms, and prolonged vulnerability for Rohingya refugees. The study highlights the need for a structured national refugee framework, stronger regional cooperation, and alignment with international protection norms. Addressing these gaps is essential not only for safeguarding Rohingya rights but also for ensuring sustainable, rights based refugee governance in Bangladesh. Sun, 12 Jan 2025 00:00:00 GMT http://suspace.su.edu.bd/handle/123456789/2649 2025-01-12T00:00:00Z http://suspace.su.edu.bd/handle/123456789/2648 "Functional Autonomy and Procedural Modernization: A Blueprint for Reforming the Subordinate Civil Judiciary of Bangladesh" Kazi, Md. Miraj Hossain This thesis critically examines the jurisdictional architecture and functional performance of the subordinate civil courts of Bangladesh, with a particular focus on the interplay between pecuniary, territorial, and subject matter jurisdiction, and the systemic challenges that undermine effective access to justice. The purpose of the study is to assess how jurisdictional clarity or the lack thereof affects judicial efficiency, caseload distribution, consistency in adjudication, and the overall credibility of the civil justice system. While existing scholarship discusses the broader problems of case backlog and judicial delay, a comprehensive doctrinal analysis of jurisdictional overlaps, misuse of procedural law, and the structural tensions between trial courts and specialized tribunals remains noticeably underexplored. This research seeks to fill that gap. Methodologically, the thesis adopts a doctrinal qualitative approach grounded in statutory interpretation, case law analysis, and scrutiny of judicial practice. It draws upon primary legal sources such as the Civil Courts Act, 1887 (as amended), the Code of Civil Procedure, 1908, the Suits Valuation Act, 1887, and a wide corpus of judicial decisions of the subordinate courts and the Supreme Court of Bangladesh. Secondary sources including law commission reports, judicial reform literature, and empirical assessments by institutions such as Transparency International Bangladesh (TIB)support the analysis of functional challenges such as manpower shortages, resource constraints, and governance deficiencies. While doctrinal in nature, the study also integrates insights from administrative law, institutional design, and comparative judicial reform to illuminate the broader policy implications of jurisdictional clarity. The core research gap addressed lies in the intersection of jurisdictional rules and trial level functionality. Although pecuniary limits and court hierarchy are well established, little prior academic work interrogates how litigants and lawyers exploit ambiguities relating to valuation, forum selection, and ouster clauses creating procedural detours that overburden trial courts. Likewise, Bangladesh’s expanding network of specialized tribunals (e.g., Family Courts, Administrative Tribunals, Money Loan Courts) has generated parallel systems of civil adjudication, but their jurisdictional boundaries remain imprecise, giving rise to frequent conflicts between civil courts and tribunal forums. The absence of a unified jurisdictional framework has resulted in delays, conflicting judicial interpretations, and inconsistent remedies. Sun, 12 Jan 2025 00:00:00 GMT http://suspace.su.edu.bd/handle/123456789/2648 2025-01-12T00:00:00Z http://suspace.su.edu.bd/handle/123456789/2647 Faculty of Arts and Humanities Md., Saidul Haque Good governance in the banking sector is universally recognized as a fundamental prerequisite for ensuring financial stability, safeguarding depositor interests, promoting sustainable economic growth, and enhancing a country’s credibility in the global financial system. A sound governance framework enables banks to operate in a transparent, accountable, and prudent manner, thereby reducing systemic risks and strengthening public confidence in the financial sector. In the context of Bangladesh, where banks constitute the backbone of the financial system, effective governance assumes even greater significance due to the sector’s central role in mobilizing domestic savings, channeling credit to productive sectors, facilitating domestic and international trade, and supporting industrialization and inclusive socio-economic development. Despite its critical importance, the banking sector in Bangladesh has historically faced persistent and multifaceted governance challenges. These include weak and ineffective board oversight, excessive political and familial influence in bank management, related-party and connected lending, inadequate risk management and internal control systems, frequent regulatory non- compliance, and limited transparency in disclosure and reporting practices. Such governance deficiencies have contributed significantly to the alarming growth of non-performing loans (NPLs), deterioration of asset quality, erosion of public and depositor trust, and the emergence of systemic vulnerabilities that threaten overall financial stability. Against this backdrop, this thesis critically examines the concept, legal framework, and practical implementation of good governance in the banking sector of Bangladesh. It provides a comprehensive analysis of the existing regulatory architecture and institutional mechanisms governing banks, with particular emphasis on the roles and responsibilities of the Board of Directors, independent directors, audit committees, nomination and remuneration committees, corporate governance auditors, and the application of Bangladesh Secretarial Standards (BSS). The study evaluates how these governance instruments function in practice and whether they effectively promote accountability, transparency, and ethical conduct within banking institutions. Employing a mixed-method research approach, this study draws upon both primary and secondary sources of data to ensure a comprehensive and balanced assessment of governance practices in the banking sector of Bangladesh. Primary sources include relevant statutes, banking and financial regulations, Bangladesh Bank circulars and guidelines, judicial decisions, and policy directives, while secondary sources comprise annual reports of banks, regulatory disclosures, audit and governance reports, academic literature, empirical research studies, policy papers, and publications of national and international financial institutions. Through a systematic analysis of these sources, the research critically evaluates the existing governance framework and its practical application within banking institutions. It identifies and analyzes significant gaps between regulatory intent and actual implementation, with particular focus on weaknesses in enforcement, monitoring, and compliance mechanisms. Furthermore, the study explores underlying structural, institutional, and cultural factors—such as board composition and independence, ownership concentration, political influence, organizational culture, and ethical standards—that impede the effective realization of good governance principles. This integrated analysis enables the research to present a nuanced understanding of governance failures and to formulate context-specific, legally sound, and policy-relevant recommendations for strengthening governance effectiveness in the banking sector. The findings of the study reveal that although Bangladesh has undertaken notable regulatory reforms and supervisory initiatives to strengthen corporate governance in banks, the implementation of these measures remains inconsistent and uneven across the sector. Weak enforcement, limited board independence, capacity constraints, and an underdeveloped ethical culture continue to undermine governance effectiveness. The study concludes that achieving meaningful and sustainable improvements in banking governance requires sustained regulatory vigilance, professionalization and independence of boards, enhanced accountability mechanisms, stronger enforcement of compliance, and the cultivation of a robust ethical and risk-aware culture within banking institutions. Sun, 12 Jan 2025 00:00:00 GMT http://suspace.su.edu.bd/handle/123456789/2647 2025-01-12T00:00:00Z