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    The scope for trade restrictions to address the lack of compliance with fire safety standards in garment factories of Bangladesh
    (© 2015 Kluwer Law International BV, The Netherlands., 2015) Islam, Md. Rizwanul; Muquim, Naimul; School of Law, BRAC University
    The frequent incidents of fire attributable to systemic lack of compliance with fire safety standards in garment factories of Bangladesh has been a recurring problem taking away lives of many workers over the years.The manufacturers possessing significant economic and political clout have almost invariably escaped the sanctions of the national legal system. This paper argues that a trade restrictions regime imposed by a major importing country of garment products of Bangladesh may force the manufacturers to improve compliance with the relevant laws and engender the necessary change to provide workers with a safe working environment. It argues that such a trade restriction regime should neither be country nor even industry-wide, rather be targeted to rouge manufacturers acting in violation of safety laws. However, analysing the policy grounds and relevant WTO jurisprudence, this paper finds that despite the desirability of such a scheme, it would unlikely to be WTO-compliant.
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    Judges as legislators: benevolent exercise of powers by the higher judiciary in Bangladesh with not so benevolent consequences
    (© 2016 Oxford University Commonwealth Law Journal, 2016) Islam, Md. Rizwanul; School of Law, BRAC University
    Recently in Bangladesh, there is a discernible (albeit rare) trend of the Supreme Court passing directives to the government for making laws for redressing specific wrongs or addressing some issues of public importance. While this type of directives is apparently motivated by a benevolent desire for ensuring better governance, this paper argues that this is an affront to the well-established theory of separation of powers and leads to undesired consequences. Though not intentional, this practice of issuing directives effectively undermines the government as well as the overall political system of Bangladesh. Arguably, this sort of judgments projects an image that the political forces in Bangladesh are dysfunctional and indirectly cements the power and image of apolitical forces in Bangladesh, which in the long run corrodes democratic values and undermines, if not threatens, the prospect of a functioning democracy in Bangladesh.