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date: 03 March 2021

Abstract and Keywords

This chapter focuses on international law in Bangladesh. Neither the Constitution of Bangladesh nor any statute contains any specific provision on domestic application of international law rules. However, it is well settled by various judicial decisions that in respect of domestic application of international treaties, Bangladesh is a dualist country. In order to be applied by national courts, it is necessary for the treaty to be incorporated into Bangladesh’s legal system by an act of incorporation. In respect of customary international law, there is no clear judicial decision on whether customary law automatically forms part of Bangladesh law or whether, like treaties, such law is required to be made a part of Bangladesh law by a legislative, judicial, or other measure. It is likely that Bangladesh courts will adhere to the English and common law tradition of treating customary international law as automatically forming part of Bangladesh law as long as there is no inconsistent domestic legal provision.

Keywords: Bangladesh, international law, host state law, customary international law, international treaties, maritime delimitation, investment arbitration

Kamal Hossain

Kamal Hossain is Head of Firm and Senior Partner of Dr Kamal Hossain and Associates, Bangladesh, and a Senior Advocate of the Supreme Court of Bangladesh.

Sharif Bhuiyan

Sharif Bhuiyan is an Advocate of the Supreme Court of Bangladesh, and a Partner and Deputy Head of the law firm, Dr Kamal Hossain and Associates, Bangladesh.

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