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Bangladesh – vs- Mynamar on maritime dispute.

April 9, 2012 in Publication

DISPUTE CONCERNING DELIMITATION OF THE MARITIME BOUNDARY BETWEEN BANGLADESH AND MYANMAR IN THE BAY OF BENGAL  

On Wednesday 14 March, the International Tribunal for the Law of the Sea issued its judgment in the Dispute concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar.  The dispute concerned the delimitation of the territorial seas, exclusive economic zones and continental shelves of these two states in the Bay of Bengal.

The Judgment is important in a number of respects. Firstly, it is the first dispute concerning maritime boundary delimitation decided by the International Tribunal for the Law of the Sea.  It therefore gives an indication of the approach of the Tribunal to maritime boundary delimitation compared to other international courts and tribunals.  Secondly, it is the first judgment of an international court or tribunal which directly addresses the delimitation of the continental shelf beyond 200 nautical miles.  The tribunal therefore had to deal with some novel legal issues in its judgment.  The judgment will also be an important point of reference in the on-going dispute between Bangladesh and India concerning their maritime boundaries on the other side of the Bay of Bengal.  The tribunal dealt with the delimitation of the maritime boundary in three different parts: the territorial sea; the exclusive economic zone and continental shelf within 200 nautical miles; and the continental shelf beyond 2oo nautical miles.

In relation to the territorial sea, the Tribunal drew an equidistance line from baselines identified by the parties in accordance with Article 15 of the 1982 United Nations Convention on the Law of the Sea.  It found there were no special circumstances which called for moving this equidistance line.

In relation to the exclusive economic zone and continental shelf within 200 nautical miles, the tribunal had been asked to draw a single maritime boundary by the parties.  The Tribunal identified that it was required to draw the maritime boundary in order to achieve an equitable result in accordance with Articles 74 and 83 of the 1982 United Nations Convention on the Law of the Sea.  The Tribunal decided to draw a provisional equidistance line but it then adjusted this line to take into account the concavity of the Bangladeshi coast.

The Tribunal also decided that “the delimitation method to be employed in the present case for the continental shelf beyond 200 [nautical miles] should not differ from that within [200 nautical miles].” (Para. 455 of the Judgment) As the concavity of the coast continued to have an effect beyond 200 nautical miles, the Tribunal held that the adjusted equidistance line should continue in the same direction beyond the 200 nautical mile limit of Bangladesh until it reaches as area where the rights of third States may be affected.  (see Para. 462 of the Judgment)

So who won the case?  There have already been claims of “victory” in the case.  However, in the context of maritime boundary delimitation disputes, this is probably not an appropriate question to ask.  Throughout its judgment, the Tribunal stressed that the goal of maritime boundary delimitation (beyond the territorial sea) was an “equitable solution.”  Thus, the outcome of any decision is unlikely to be a “winner takes all” scenario.

This is perhaps clearest in relation to the single maritime boundary drawn for the exclusive economic zone and continental shelf within 200 nautical miles.  Bangladesh had argued that the Tribunal should use the angle-bisector method in drawing the boundary, as the equidistance line would, in its opinion, lead to inequitable result.  This argument was rejected by the Tribunal which accepted that the equidistance/relevant circumstances method was appropriate in this case, as had been argued by Myanmar.  Yet, the Tribunal did not fully accept all of the arguments of Myanmar put forward by Myanmar on this point.  The Tribunal stressed that it was not bound by the base points suggested by Myanmar in its proposed equidistance line and the Tribunal added its own base point to lead to a more equitable provisional equidistance line.  Moreover, the Tribunal also rejected the argument of Myanmar that there were no relevant circumstances.  Bangladesh had identified several possible relevant circumstances.  The Tribunal  accepted that it was necessary to adjust the equidistance line to take into account the concavity of the coast.  But it did denied the relevance of the other circumstances, put forward by Bangladesh, including the position of St. Martins Island (subject to the sovereignty of Bangladesh) which was given no effect in the delimitation. (Para. 319 of the Judgment)  The adjustment of the line is largely done at the discretion of the Tribunal, with the Tribunal itself noting that “there are no magic formulas.” (Para. 327 of the Judgment)  Arguably, the final delimitation line for this part of the boundary gives something to both parties.

The equitable nature of the solution is also apparent in relation to the settlement of the boundary beyond 200 nautical miles.  On this point, Myanmar had argued that the Tribunal should not exercise its jurisdiction, but the Tribunal was clear that it had the right to decide on the delimitation, regardless of whether the extension of the outer continental shelf had been approved by the Commission on the Outer Limits of the Continental Shelf.  The tribunal also rejected Myanmar’s argument that Bangladesh has no continental shelf beyond 200 nautical miles.  At the same time, the tribunal rejected the argument of Bangladesh that there was no natural prolongation from the coast of Myanmar because of the geological discontinuity where the Indian tectonic plate meets the Burma tectonic plate about 50 nautical miles from the coast of Myanmar.  In an important clarification of the law, the Tribunal held that natural prolongation refers to the extension of the continental margin and there was therefore no need for geological continuity. (See Para. 437 of Judgment; see also Para. 460) Nor did the Tribunal accept that the geographic origin of the sedimentary rocks had any relevance for the delimitation of the outer continental shelf.  (Para. 447 of the Judgment)  In the end, the Tribunal simply extends the adjusted equidistance line that it had already drawn for the exclusive economic zone and continental shelf within 200 nautical miles.  Again, this solution can be seen as giving something to both parties, but it certainly does not give either of them everything they had asked for.

The article is based on International Law Observer.

Ghulam Azam sent to Dhaka Central Jail

January 11, 2012 in Publication

Ghulam Azam  the mastermind of war-criminal (allegedly) in Liberation War, 1971  was sent to jail on 11.01.2012 as he was appeared before the tribunal as fixed facing charges of crimes against humanity – including murder, rape, arson, looting, abetting and conspiracy – in 1971 Liberation War.

On behalf of  former Jamaat Ameer Ghulam Azam an application for bail was filed on 10.01.2012 but after rejecting the same  the International Crimes Tribunal ordered to send him to Dhaka Central Jail in connection with 62 specific charges pressed by the prosecution on January 5, 2012. Tribunal fixed the date for charge hearing on 15.02.2012.

On 09.01.2012 after accepting charges against Ghulam Azam the Tribunal asked  Senior Advocate Abdur Razzak, the conducting Advocate for Azam to produce the ex-ameer before it on 11.01.2012.

The defense filed the bail application for Azam praying for bail on Medical grounds with some other. On the other hand the prosecution opposing the bail application taking ground of having so many allegations against him.

While hearing the bail application the Azam’s lawyer referred to the decision taken on bail matter of another war criminal  Abdul Alim as the Tribunal granted him bail 31.03.2011 considering his health condition.

Chief prosecutor Advocate Ghulam Arieff Tipoo in his hearing submitted that the case of Alim is not in a same footing to Azam’s case as against Alim there was no investigation report whereas in the present case it is.

After hearing  the three-judges ICT headed by its Chairman Mr. Justice Nizamul Huq were pleased to reject the bail prayer and ordered to send Ghulam Azam to jail-hajat.

The defense counsel Barrister Abdur Razzak prayed bail for Azam on humanitarian ground mentioning his age and health condition. He in this connection referred to the decision taken about Abdul Alim, another war crime suspect.

The tribunal also directed the prosecution to submit a copy of formal charge and other relevant documents to the tribunal registrar office by 12.01.2012.

M M Nuruzzaman

Head of the Chamber

Lawyers Bangladesh

Anti-Pornography Law in Bangladesh

January 3, 2012 in Publication

“PORNOGRAPHY” only thing in the world sounds little hears more. Almost in all the nations there are laws and regulations in-respect of pornography. In brief the definition of pornography is; do something porn includes production or filming, showing, distributing or marketing or even sometimes watching of sexually explicit materials like pictures, videos etc. Very beginning of the new year 2012 the Cabinet of Bangladesh has approved the draft for a new enactment styling “Pornography Control Act, 2001″ which will be effected after being passed by the Parliament. The new legislation is likely to be passed banning carrying, exchanging, using, selling, marketing, distributing, preserving, filming etc of pornography (Sexually explicit materials). Actually the new law is coming to control spreading of pornography specially among the teen-age group and young generation. In the coming act there are penalty for maximum 10 years imprisonments and also fine to the tune of Tk.5,00,000/-. One thing is very anxious and peculiar in the law that there is a provision for punishment to the false-prosecutor as the law-makers are already in an anticipation of misusing the new law as already the Male citizens of the country had a bitter experience of Nari-O-Shihsu Nirjatan Daman Ain, 2000. One thing is very relatively concern with the new law that is tracking of technology as in the present days pornography has been spread-ed by using technology at the same time due to very easy access of internet and other networks it became too difficult to find out the source of offences committed by using internet. Then the law-makers before passing the new law should again think over the issue of setting a standard form of technology-tracker which can be able to avoid any such highly technical issues consequently awarding punishment to an innocent person.

Positively after passing the new law the police or law enforcing agencies can be able to find out the criminals as presently in many cases, the police failed to act against the culprits due to inadequate laws resulting non-prosecuting of those involved in production and distribution of sexually explicit materials.

As the sources indicating that the law makers were influencing for enacting such law on the incident of sexually explicit videos of two film/drama actresses, made available. However it is an easy understanding that no law can itself satisfy it’s objectives irrespective of standard because the potential victims who are supposed to be protected under the new law should come forward first to avoid any such situation identical to any offence provided in the up-coming law. Experience of existing legislation having penal provisions on some offences arising out of one part male with another female is not so good in the country as the misuse of such law is more available other than proper use. For example the Dowry Prohibition Act or Nari-O-Shishu Nirjatan Daman Ain can be mentioned and the data speaks that 80-90% of Nari-O-Shishu Nirjatan case are false but our Judiciary is very rigid to prosecute any one for false-prosecuting though there are provisions of law.

Finally the law controlling pornography must be a very good and appreciable step of the law makers and obviously a needful one. Now the question is how the police or other law enforcing agencies execute the law ensuring  justice and human rights still a million-dollar question in Bangladesh.

Divorce, Divorce Law and Divorce Lawyers in Bangladesh

December 20, 2011 in Publication

                                     Divorce, Divorce Law and Divorce Lawyers in Bangladesh

Divorce is the only legal way for terminating a Marriage other than act of God having its wide impact for a long sometimes even for life of not only the concern parties but the peoples connected with the immediate-past family. Simply divorce gives birth of many issues mostly legal issues consequently legal proceedings in different courts and the divorce lawyers/ divorce attorneys are the faithful and confident friend to the peoples for safe way out from such complications. In Bangladesh at the present days divorce has its non-comparable proposition for either side of the separating couples which is not an out come of the law or rules for Divorce itself but for some extraneous issues.

The law and provisions for divorce as stated in the Muslim Family Law Ordinance, 1961 is the only codified law in Bangladesh dealing with the Muslims only. For the peoples of other religion like Christian and Buddhists there are different rules and laws but for the Hindus still there is no codified law in Bangladesh. The rules for marriage and divorce has been regulated by the legislative enactment proclaimed on considering as well as taking the personal laws on account for the Muslims called Shariah Ain. In the western world for divorce or separation the parties need lawyers or attorneys but so far in Bangladesh the parties are not always wanting to hire lawyers for divorce. Considering the economical and social aspect of Bangladesh it is still a long way far from the mutual separation or divorce like the first world though there is already law for mutual divorce. Naturally when one party wants to separate from his/her partner in a very few cases the other party accepts the same which turns into a relation obviously not anything positive and then the party having passive part in divorce tried to stop the separation. In Bangladesh the Divorce Lawyers have been asked a very common question before starting divorce process is whether his partner can file a criminal case against him or not. Giving divorce to his partner is a statutory right of the husband recognized in laws and the same is an unconstrained right

Those lawyers who are practicing family matters under the Family Court Ordinance, 1985 are termed as Divorce Lawyers but none in Bangladesh are exclusively practice only Divorce Proceedings so divorce lawyers generally means the lawyers practicing family matters. There are very few law chambers or firms in Dhaka practicing family matters among those Lawyers Bangladesh is one of leading Family Law practitioner in Bangladesh. In our country most of the Divorce or family matters involved with the issues of maintenance, dower and some other issues criminal in nature. When we discussed the Divorce issues it is important to have a light on the issues relating Nari-O- Shishu Nirjatan Daman Ain, 2000 and Dowry Prohibition Act, 1980. As a matter of fact in 90% cases where the husband served notice for divorce his partner/wife after being informed about the Divorce Notice initiated a criminal case against the notice sender and in all cases they didn’t admit about the Notice by showing a date of occurrence before the date of notice. Most of the time the criminal cases have been filed before the learned Magistrate who sends major portion of cases to the concerned Police Stations with a direction for taking legal steps after inquiry or to record the same as First Information Report (FIR). The sufferers who are implicated such false cases under some common sections of Acts 1980 and 2000 for example section 3 / 4 of Act 1980 and section 11 of Act 2000 a single allegation of demanding dowry by the Notice sender Husband.

The process of divorce is very simple in Bangladesh just in three mandatory steps to divorce for both Husband and Wife (When power of giving Divorce has been delegated in the Kabin) wanting separation;

i.  Give Notice in written

ii. Face the Arbitration Board (Appeared or not don’t matter) and obtained the certified copy of the arbitration case.

iii. After expiry of 90 days take a registration certificate from a registered Nikah Registrar (Kaji).

Giving notice for divorce is itself a presumption that the Dower Money (Mohrana) has been paid in full but the fact is different as in most of the cases it has been revealed that portion or entire Den-mohr is unpaid and then it is the duty of the notice sender Husband as well as the divorce lawyers to ensure payment of dower before completion of Divorce. One thing is also important at the time of initiating divorce process that is to inform the client about paying three months maintenance (Iddat) to the wife and other maintenance for the children, in this regard to avoid court proceedings the lawyer should have to communicate with the notice receiver side and all through try for negotiate all these monetary issues. For the wife above said three steps are applicable for divorce but practically and legally she is not in a position to pay any Dower Money to her Notice receiver Husband though she will be responsible for maintenance of her minor children.The notice receiver wife can file a suit for dower money and maintenance for herself and the children living with her in a family court with fixed court fees which is a civil proceeding in nature but not like just an ordinary civil suit.

Finally it is to be said that the process of divorce is merely an official process guided by the Ordinance, 1961 but for smooth and safe ending of divorce process the person should have been advised to contact with your lawyer or an experienced Kaji but before starting such process make yourself sure that Divorce is the only and last way available for you to get rid of.

Published By

M M Nuruzzaman

Head of Chamber

Lawyers Bangladesh

For more information www.lawyersbangladesh.com

Khaleda Zia obtained anticipatory bail from High Court

December 8, 2011 in Publication

Bangladesh opposition party leader and ex-prime minister BNP Chairperson  Begum Khaleda Zia got anticipatory bail in a corruption case on 08.12.2011 for 8 weeks from the Hon’ble High Court Division. Earlier at approximate 2 PM she came to HC and after a while she appeared before the Court No.8 of HC and in presence of most influential law officers of the country and their serious objection the order of bail was granted which consequently giving Khaleda 8 weeks time to surrender before the concerned court. At the time of her presence there was a massive gathering in the HC premises of both supporters and journalists and also there is a tight security by police all over the premises as she appeared for the first time before the HC in her 30 years politics.

Law Offices in Bangladesh

December 6, 2011 in Publication

Today’s Bangladesh is not a country counting to the bottom but due to its standard law it became a country of rule of law. Though the enforcement of existing law is not cent percent but the legal laws system being a very old and well established system in the world has its identical presence. The Supreme Court is the basic and highest structure in the country for ensuring justice in the society and the lawyers, advocates, counsel, barrister and solicitors doing a great job by assisting the court in implementing justice through the law offices. In the society most number  of disputes come are civil, criminal, writ, land litigation, banking, company, corporation, real estate , business law and other constitutional issues to which has specific law and different forum for adjudication. The lower judiciary have its seat in each and every unit of the local government and the peoples irrespective of poor or rich is able to get justice and relief they sought for. In the criminal matter firstly the accuseds are praying for bail and the same is granted as per law and sometimes the high court enlarged the accused on bail by exercising its discretion. In the recent era in financial matter there are so many cases and suits are coming like artha rin case, banking case, company matter and other corporate issues which directly filed before both the lower courts and high courts. In most of the cases the company and corporation they have their own legal adviser who conducts the cases as developing their career in or career in lawyer and according to law of Bangladesh there are wide scope to dispose of a dispute out of court by invoking mediation, negotiation or arbitration process. A new thing is rising so quickly it is immigration and in the country there are so many exclusive immigration practitioners among them M M Nuruzzaman and his law firms in the name of Lawyers Bangladesh become a leading immigration law firms in the country. Being a new country Bangladesh has its own legal laws system since 1971 by adopting a fresh constitution in the year 1972 under the leadership of our great leader Bangabondhu Sheikh Mujibur Rahman but after his departure the democracy is in a way far from its motion resulting a legal and political crisis continuing for last 36 years resulting the country a poor and under-developing country. By born the mass peoples are very brother-hood to each other but due to poverty and mal-practice by the after 80′s government there is a massive spread of corruption in every sector of the country for which the peoples concerning judicial system are ashamed of. To get rid from such situation the legal system and rule of law of the country should be modernization by amending old law and by enabling new laws and before all this to ensure enforcement of law through the law enforcing agencies as well as court of law which is also a heavy duty of the lawyers and attorneys and law offices. The police system of the country apparently  looking good but due to want of proper opportunities and other privileges the corruption has captured the said department with its dark-light for example the so-called cross-fire by the RAB in exchange of illegal means is mentioned here. Now it’s the duty of entire national to decide how they would like their society a society of crime free or like the present one and for this the very and very first step would be to obey the law and legal system/court system of the country and appreciating  more and more career in law or job in law. Lastly it is the moral obligations of the attorneys and lawyers to work for establishing the justice and rule of law in the country by eternally developing their law offices and building up the professional dignity.

E-VISA or Green Card for USA

November 16, 2011 in Publication

Its our pleasure to inform our honorable clients and viewers of this site that now we are providing legal and official supports for E-VISA process in USA which consequently be a Green Card to individuals.
 
Entrepreneurs (and their spouses and unmarried children under 21) who make an investment in a commercial enterprise in the United States and who plan to create or preserve ten permanent full time jobs for qualified United States workers, are eligible to apply for a green card (permanent residence). 
 
Up to 10,000 visas may be authorized each fiscal year for eligible entrepreneurs.
 
As per USA law you must invest $1,000,000, or at least $500,000 in a targeted employment area (high unemployment or rural area). The invested amount are fully vested upon you and all benefits and other profits of business goes to you like an investment in Bangladesh. 
 
Presently we provide full support for establishment of a new enterprise in USA with all its official procedure as if the investor himself doing everything.
 
At a glance what areas we are providing legal/official supports: 
 
1. Take permission from Bangladesh Govt. for your foreign  investment.
2. Do all needs for investing the required money in USA.
3. Open Bank Account for you in USA with a American Bank.
4. Take all license and permission from the USA govt. and other authority for your business.
5. Transfer all your turn over from your business to your account till obtaining Green Card/E-VISA.
6. All legal works will be done by an office of Attorney-at-Law of USA.
7. Filling-up all required Forms including Form I-526. 
 
Our Fees will be in two heads; one only legal work another entire proceeding which will be negotiable and vary in each cases depends on merit of case.
 
 
Note: Our fees not includes the USA Government fees. The Govt. fees in USA will be approximately 5000-12000 Dollars.