Department of Law

COURSE OUTLINE OF MASTER OF LAWS (LL.M) PROGRAM

LL.M Final
First Semester 

Course Code Course Title Credit
LAW 801 Judiciary in Bangladesh 3
LAW 802 Laws on Good Governance 3
LAW 803 Principles of Civil Litigation 3
LAW 804 Comparative Law 3
                                                     Total Credit 12

Second Semester 

Course Code Course Title Credit
LAW 805 Muslim Law of Succession 3
LAW 806 Law of the Sea 3
LAW 807 Law of International Organizations 3
LAW 808 Comparative Constitutional Law     3
                                                     Total Credit 12

Third Semester 

Course Code Course Title Credit
LAW 809 International Migration and Refugee Law 3
LAW 810 Air and Space Law 3
LAW 811 Natural Resources Law  3
LAW 812 Research Monograph  4
                                                    Total Credit 13

                                                                                    Grand Total – 37 Credits

 

LAW 801: Judiciary in Bangladesh

Historical Background of the Legal System: Hindu Period, Muslim Period, British Period and Modern Period
The structure and functions of Courts in Bangladesh: Supreme Court of Bangladesh, Appellate Division and High Court of the Supreme Court and their jurisdiction, Subordinate Civil Courts and Criminal Courts, Courts and Tribunals of Special Jurisdiction, Small Causes Courts, Conciliation Board, Village Court, Juvenile Court
Judicial Procedure: Civil proceedings, Criminal Proceedings, appellate process and the correction of miscarriages of justice
Personnel of the Law: Chief Justice of Bangladesh, Judges of the Supreme Court, Supreme Judicial Council, Judicial Officers, Magistrates, Members of the Attorney Service, Legal Profession
Judiciary and Executive: Judicial Review, Writ Petitions, Injunction, Declarations, Separation of the Judiciary from the Executive
The various Legal institutions of Bangladesh: The Ministry of Law Justice and Parliamentary affairs, Office of the Attorney General, Law Commission, Bangladesh Judicial Service Commission,The Bar Council and Bar Associations, Judicial Administration Training Institution, Anti-Corruption Commission and Prosecution, Human Rights Commission, Legal and Judicial Reform Project, Legal Education
Legal Aid in Bangladesh: Legal Aid in Civil Proceedings, Legal Aid in Criminal Proceedings, Legal Aid by Governmental Bodies, Role of Non-Government Organizations

Books recommended
  1. M P Jain, Outlines of Indian Legal History
  2. V D Kulshreshtha, Landmarks in Indian Legal and Constitutional History
  3. Mahmudul Islam, Constitutional Law of Bangladesh
  4. Azizul Hoque, The Legal System of Bangladesh
  5. A B M Mofizul Islam Patwari, Legal System of Bangladesh
  6. Abdul Halim, Legal System of Bangladesh

 

Leading Cases:
Anwar Hossain v Bangladesh (1989) BLD (Spl) 1
Secretary, Ministry of Finance v Masder Hossain (2000) 52 DLR (AD) 82
Supreme Court Advocates-on-Record Association v Union of India (1994) AIR (SC) 268

LAW 802: Laws on Good Governance

Introduction: Concept of Good Governance, Basic Tenants of Good Governance – Transparency, Accountability, Participation, Rule of Law, Decentralization, Fair and Independent Judiciary, Challenges of Good Governance in Bangladesh
Transparency and Accountability: Concept of Transparency and Accountability, Mechanisms of Transparency and Accountability, Bureaucratic and Political Transparency and Accountability, Right to Information, Concept of Free Press vs Legislative Limitations, Counter Measure for Transparency and Accountability
Participation: Concept of Participation (Gender Based Participation and Marginalized People Participation); Gender Based Participation – Participation in Political Sector, Participation Development Sector, Policy and Legal Framework of Gender Participation, Judicial Trends, Marginalized People Participation in Political Sector, Participation Development Sector, Policy and Legal Framework of Gender Participation, Judicial Trends
Rule of Law: Component of Rule of aw, Rule of Law and Good Governance
Fair and Independent Judiciary: Concept of Fair and Independent Judiciary, Components of Independent Judiciary, Role of Independent Judiciary in God Governance
Civil Society: Concept of Civil Society in Modern Context, Role of Civil Society in Good Governance, Democratization Process and Civil Society in Bangladesh
Good Governance vs Corruption: Counter Corruption Legal Framework in Bangladesh, Judicial Process to Combat Corruption, Impact of Corruption in Enforcement of Rule of Law and fair Justice. Neutrality in Administration, Bureaucracy, Accountability of Political Parties.

Books Recommended:

  1. Madhav Godbole, Public Accountability and Transparency: The Imperatives of Good Governance
  2. A. Talib, Younis and Iqbal Md. Mostafa, Accountability in Public Management and Administration in Bangladesh
  3. G. Alfredsson and H. O. Sano Edie (eds), Human Rights and Good Governance
  4. L. C. Reif, The Ombudsman, Good Governance and the International Human Rights System
  5. R. W. Ennis, Accountability in Government Departments, Public Corporations and Public Companies: An Introduction
  6. D. Woodhouse, Ministers and Parliaments: Accountability in Theory and Practice
  7. Sarkar Ali Akkas, Independence and Accountability of Judiciary

Relevant Statutes

  1. Anti-corruption Commission Act 2004
  2. Right To Information Ordinance 2008
  3. Human Rights Commission Ordinance 2008

Leading Cases
Anwar Hossain v Bangladesh (1989) BLD (Spl) 1
Engr. Mahmud-Ul Islam v Bangladesh (2003) 55 DLR 171
Secretary, Ministry of Finance v Masder Hossain (2000) 52 DLR (AD) 82

LAW 803: Principles of Civil Litigation

Introduction: Nature of Civil Procedure, System of Trial and Procedure in Bangladesh, Minimum requirements for Procedural Rules, Definition of Litigation, Distinction between Civil & Criminal Litigation and Procedure, Effect of difference between Civil and Criminal Procedure.
Nature of Civil Litigation: Legal aspects, Non-justifiable disputes or questions, character of litigable disputes, Summary disposal non-litigable disputes, Preventive justice, Special and economic aspects, Social pressures against litigation, Social interest in litigation.
Civil Courts in Bangladesh: Existing structure & jurisdiction, Problems & shortcomings, Suggestions for amendment.
Pre-trial procedure in civil suits: Commencement of proceedings, Parties, Cause of action, Claim and counter claim, Inter-pleader, Discovery and interrogatories, Commissions, Local inquiry and investigation, Interlocutory matters, Framing of issues, Adjournments, Preparation of a case, Control by the court over proceedings, presentation of the case, sufficiency & efficiency of existing laws; suggestion for amendment.
Post Trial Stage: Appeals and execution, Procedure for appeal review, Remand and revision, Organisation and jurisdiction, Enforcement of Judgements, Limits of jurisdiction for executing court, Restitution, Simplification of the procedure, Legal aid.
Costs & delay: Causes, effects, possible way-out.
Suits in Particular Cases: Special procedures.
Suits by or against Government Officials: Aliens, Foreign rulers and envoys, Minors, Persons of unsound mind, Representative suits and Pauper suits.
Remedies in Civil Litigation: Declaration, Recovery of money, Recovery of possession, Rectification, Cancellation of documents, Specific performance, Injunctions, Arrest, Detention and imprisonment, Attachment and sale.
Alternative Dispute Resolution: Meaning, Forms, Historical development, Advantages, Disadvantages and strategies, Existing laws & principles, Problems & prospects.
Civil Litigation before Tribunals: Nature and jurisdiction of statutory tribunals, Procedure before tribunals, Advantages, disadvantages and limitations of tribunal trial, Structure & jurisdiction of existing tribunals of Bangladesh.
Role of Judges and Lawyers in the Process of Adjudication: Legal profession, legal education, Public participation in the process of administration of civil justice.

Books Recommended

  1. C. K. Takwani, Law  of Civil Procedure
  2. D. F. Mulla, Code of Civil Procedure
  3. Rafiqur Rahman, Civil Litigation in Bangladesh
  4. Government of Bangladesh, Civil Rules and Orders
  5. Government of Bangladesh, Civil Suits Instruction Manual
  6. Government of Bangladesh, Civil Procedure Code 1908.

LAW 804: Comparative Law

Definition, Nature and Scope of Comparative law, Utility of Comparative Law, Classification of Comparative law, Process of Comparison, Major Legal Systems of the World - Civil Law System, Common Law System, Islamic and Hindu Legal System, Socialist Concept of Law, African Legal System, Far Eastern Legal System, Comparative Sources of Law, Comparative Court System, Unification of Law, Globalization and New World Order.

Books Recommended:

  1. H. P. Gupta, Comparative Law
  2. H.L. Khanna, Comparative Law
  3. Konrad Zweigert and Hein Kotz, An Introduction to Comparative Law
  4. Rene David, Major Legal Systems of the World
  5. Rudolf B. Schlesinger, Comparative Law Cases- Text –Materials

Leading cases: 
Repean v Doe (1837) 2 M & 7894: 9B & AD 86
McMillian v Canadian Northern Railway (1923) 92 LJPC 44
Barris v Jautor (1915) 84 LJK 3

LAW 805: Muslim Law of Succession

Origin of the Muslim Law of succession, Conditions of and Obstacle to inheritance, Heirs and their classes, Distinctive Features as applied in Sunni and Shia School, Legal approaches to Umariyyatan and Minbariyya, the Principle of Radd and its application, Lucky and Unlucky kinsman, Accompanying residuary, Al Himariya and its jurisprudential aspect, Grandfather and Collaterals in competition, doctrine of Abu Baker, Ali and Zaid, Muadda Rule, Al- Malikiya, Shib-al-malikiya, Al Muktasara, Al-Akdariyya, Dual relationship, Reforms on the law of intestate succession relating to orphaned grandchildren, Obligatory bequest-its impact, Mufte system, Aby Zahara's system, Statutory effects on the law succession in Bangladesh, Pakistan, African countries and in Middle East, Law of Marriage, Divorce, Legitimacy,  Bequest and Gift so far as they are relevant to succession according to schools and sects, Limits of testamentary power, Succession Act 1925 and its relevance to the Muslim Law of Succession.
Books Recommended:

  1. A. A. A. Fyzee, Outlines of Mohammedan Law
  2. Alamgir Muhammad Sirajuddin, Shari’a Law and Society: Tradition and Change in South Asia.
  3. B. R. Verma, Islamic Law: Being a Commentary on Mohamedan Law
  4. D. F. Mulla, Principles of Mohammadan Law
  5. F. B. Tyabji, Principles of Muhammadan Law
  6. J. N. D. Anderson, Islamic Law in the Modern World
  7. J. N. D. Anderson, Law Reforms in the Muslim World
  8. N. J. Coulson, Succession in the Muslim Family
  9. Shaukat Mahmood, Muslim Family Laws Ordinance 1961
  10. Tahir Mahmood, Muslim Personal Law: The Muslim Law of India

Leading Cases:
Beguman v Saroo (1964) PLD (Lah) 451.
Khurshid Bibi v Mohammad Amin (1967) PLD (SC) 97
Rahamatullah v Maqsood Ahmad (1950) ILR 713
Farid Mangooran (1990) PLD (SC) 511
Sheikh Ibrahim v Nazma Begum 44 DLR (AD) (1992) 276

LAW 806: Law of the Sea

Nature, Scope and Historical Development of the Law of the Sea, Baselines, Internal waters, Territorial sea, Strait, Archipelagos, Contiguous Zone, Continental Shelf, Exclusive Economic Zone, High Seas, International Sea Bed Area, Authority and its different organs, Navigation, Fishing, Marine Pollution, Scientific Research and Transfer of Technology, Military Used of the Sea, Landlocked and Geographically Disadvantaged States, Settlement of Disputes, Delimitation of Maritime Boundaries between Opposite and Adjacent States, Bangladesh, India and Burma- their approaches to delimitation.

Books Recommended:

  1. Colombos, International Law of the Sea
  2. Clive Simons, maritime Zones of Islands in International Law
  3. M Habibur Rahman, Delimitation of Maritime Boundaries

International Instruments:

    1. International Convention on the Law of the Sea 1982

Leading Cases:

  1. Anglo Norwegian Fisheries Case (1951)
  2. Fisheries Jurisdiction Case (1974)
  3. North Sea Continental Shelf case (1969)

LAW 807: Law of International Organizations

Introduction: Origin, Development, Characteristics, Nature and Importance of International Organizations. 
International Law and Law of International Organizations: Legal basis of formation of an international legal person, International organization as an international legal person, Organic structure of international organization, Membership of the organizations, Decision-making by the organizations. 
History of International Organizations: Organizations of ancient time, Rise of modern international organizations, League of Nations and its failure. 
The United Nations: Formation and objectives of the United Nations, Principal organs of the United Nations, the UN system, Problems of the United Nations and its future. 
Specialized Agencies of the United Nation: Nature of Specialized Agencies, their relationships with the UN, Formation and functions of different specialized agencies. 
Regional Organizations: General characteristics, Objectives and functions of the regional organizations, Classification of these organizations. 
Organizations of African Unity (now African Union), Arab League, Organization of American States, South Asian Association for Regional Cooperation (SAARC), Association of the South East Asian Nations (ASEAN), European Economic Community (EEC), Council of Mutual Economic Assistance (COMECON), North Atlantic Treaty Organization (NATO), Commonwealth, OPEC, WTO, and NAM.

Books Recommended:

  1. D. W.  Bowett, The Law of International Institutions
  2. Chariston, K S, The Process of International Arbitration
  3. Welfrad Jeas, Law of International organizations
  4. H. Biggs, Power Politics and International Organizations

LAW 808: Comparative Constitutional Law

Definition, Nature, Scope and Importance of the study of Comparative Constitutional Law, 
Definition and Characteristics of Unitary, Federal and Confederal systems of government, Allocation of governmental powers in a Federal system vis-a-vis state/provincial governments; Doctrine of Separation of Power.

Historical and Constitutional Developments of the Legislative, Executive and Judicial Institutions in the Indian sub-continent, Structures and Forms of Constitution and governments of the sub-continental countries.

Comparative study of the classification and different structures and forms of constitutions of USA, UK, France, Canada, Australia, Switzerland, India, Pakistan and Bangladesh. 
Supremacy of Constitution, Parliamentary Sovereignty, Ministerial Responsibility, Constitutional positions of the heads of the state and Heads of the government. 
Classification and Characteristics of Fundamental Rights, Comparative study of these rights under different constitutions, and constitutionals provision as to enforcement of these Rights.

Civil and Common Law system of Adjudication, Rule of Law and Droit Administrative, Doctrine of Judicial Review, Independence of Judiciary and its enforcement.

Procedure and powers of amendments under various constitutions, Amendment of fundamental rights provision, Basic Structure Doctrine.

Books Recommended:

  1. A.K.M. Shamsul Huda, The Constitution of Bangladesh
  2. A. C. Kapur, Select Constitution
  3. Calin Turpin, British Government and the Constitution
  4. J. W. Garner, Government of United States
  5. K. L. Wheave, Modern Constitution
  6. Mahendra Sing, Comparative Constitutional Law
  7. Mahmudul Islam, Constitutional Law of Bangladesh
  8. O. Hood and Philips, Constitutional Law and Administration
  9. V. D. Mahajan, Constitutional Law of India
  10. Constitution & Legal Instruments.

 

LAW 809: International Migration andRefugee Law

Concept of Migration: Definition, origin, historical and conceptual background, development, present global trend, causes and consequences. 
Different types of Migration: Internal and international migration, permanent and temporary migration, documented and undocumented migration. Causes and consequences of forced migration, Internal displacement- Ethnic Cleansing-Impact of voluntary migration- migrants provision regarding Asylum. 
Voluntary Migration: Factors behind migration, concept and pattern of migration, National and transactional issues in migration, International protection Regime and provision of Asylum. 
Immigration and Emigration Law: Definition, origin and development 
National legal instruments relating to Emigration and Citizenship in Bangladesh: Emigration Ordinance, 1982, Passport Act 1920, Bangladesh Passport Rules,1974, Bangladesh Citizenship Ordinance 2008, Registration of Foreigner's Act, 1939, Foreigner's Act, 1946, Registration of Foreigner's Rules, 1966 
International initiatives to manage Migration: UN Policy, EU Legal Framework, GATT (WTO) Provisions. 
International Migration: Concept of Refugee, Description, Refugee problem of Bangladesh during Pakistan period, Flow of Muslim Refugee from India after 1947 and Bangladeshi to India in 1971. Problem of Chakma, Rohingya and Bihari Pakistani in Bangladesh 
Legal framework concerning Refugees and Displaced persons- International Refugee Law, Problems created by displaced population for international Order or internal security of states, Role of United Nations High Commissioner for Refugee and his Expanded Mandate, Role of other International and Regional organizations 
International Organization for Migration (IOM) - Mandate, Role and Activities

Books Recommended:

  1. Barun De and Ranabir Samaddar, State, Development and Political Culture: Bangladesh and India
  2. Chowdhury R. Abrar, On the Margin: Refugees, Migrants and Minorities
  3. Goodwin Gill, The Refugee in International Law
  4. Hurst Hannum, The Right to Leave and Return in International Law and Practice
  5. International Organization for Migration (IOM), Overview of International Migration
  6. I. M. M. Mohsin, The Law of Citizenship and Passport of Bangladesh
  7. J.S. Birks and C.A. Sinclair, International Migration and Development in the Arab Region
  8. Stephen Castles and Mark J. Miller, The Age of Migration: International, Population Movements in Modern World
  9. Syed Refaat Ahmed, Foreign Migrants: An International Legal Regime for Undocumented Migrant Workers
  10. Tasneem Siddiqui, Transcending Boundaries: Labour Migration of Women from Bangladesh
  11. Tapan K. Bose and Rita Manchanda, States, Citizens and Outsiders: The Uprooted Peoples in South Asia
  12. Tuhin Malik, International Refugee Law: A Lexicon of Principles and Issues

International Instruments:

  1. International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families 1990
  2. Refugee Convention 1951
  3. SAARC Conventions of different year.

LAW 810: Air and Space Law

Group-A: Air Law
Introduction: Definition of Air Law, Nature, Scope and Source 
Development of Air Law: Paris Convention, 1910; Paris Convention, 1919; Madrid Convention, 1926; Havana Convention, 1928; Warsaw Convention and Chicago Convention, 1944) Regulation, Freedom of the Air and Sovereignty in the Air,  Membership and Organs of ICAO, Legislative, Administrative and Judicial function, Economic and Technical regulations
Safety and security in civil aviation: The Concept, Aviation terrorism, International Norms-conventions, protocols and regulations, Regulation in Bangladesh: Air safety provisions, Air Traffic management, Legal regime of Air Space and Outer Space, Problem of application of Air, Space and telecommunication laws, State obligation to provide Air Navigation services, Sovereign rights of States 
New Development in Bangladesh: Technology development and problem in civil aviation, Airports-leasing and privatization-legal issues, Liability in International civil aviation, Manufacturers, operators, operators agents and maintenance contractors, Third party liability for surface damage 
Changing Global Trend: Globalization, de-regulation and liberalisation in international civil aviation-Infra-structural problems of air port, Private involvement in ownership operation and management of air ports, international regulatory framework, Rights and Privileges of Air Passengers, Consumer protection in Civil Aviation, Liability for death, injury and delay 
Air Cargo: International Conventions and Regulations, Aviation related Environmental problems, Aircraft financing and leasing, Aviation Insurance, Settlement of Aviation Related Disputes, General Principles Role of ICAO and ICJ, Arbitration, Settlement under Municipal Law

Group- B: Space Law
Definition, nature, scope and Sources; Space Technology-establishment of COPUOS, International Co-operation for peaceful use, UN Space Treaties, Development of Law by Treaties: The Space Treaty, 1967; The Rescue Agreement, 1968; The Liability Convention, 1972; The Registration Convention, 1975; The Moon Treaty, 1979; Partial Test Ban Treaty, 1963; Weather Modification Convention, 1977; International and inter-governmental organisations, Bilateral Agreement in Space Activity, Satellite Broadcasting and Tele-communications, Use of Space Technology: peaceful and non-peaceful, remote sensing, Disaster prediction, warning and mitigation, management of earth sources, Satellite navigation and location, Space Communication, Commercialization of Space Activities: Public and private sector activities, industry-government, partnership, IPR Rights, Organisation of Space Activities-DOS, ISRO, Space policy.

 

Books

  1. Azbeyratne, RIR, Legal and Regulatory Issures in International Aviation (1996)
  2. S. Bhatt, The New Aviation Policy in India (1977)
  3. Carole Blackshow, Aviation Law and Regulation
  4. V.S.Mani, Recent Trends in International Space and Policy (1966)

LAW 811: Natural Resources law
Introduction to the resources; Water-Salinity, Bund and spill ways, Aquaculture and fishing : regulation, Irrigation, Ground water management; Land- Controls on land development, Eco-friendly land planning: conservation, utilisation and conversion, Mining and quarrying; Concepts of Common Property and State Property- Forest, Wildlife, Common facilities and the right to use: roads, parks, pathways, lakes, rivers, Natural heritage - Tribal habitat, Historical monuments, Wet lands: Wise use concept; Energy- Sources, Energy related environmental problems: tapping, transmission and utilization, indiscriminate use, Utilization of conventional energy: hydro-electric, thermal and nuclear, Non-conventional energy: Solar, wind, tidal and biogas

Books Recommended

  1. Enid M.Barron, et.al. (eds.), Royal Commission on Environmental Pollution,
  2. Mark Austen and Tamara Richards, Basic Legal Documents on International Animal Welfare andWild Life Conservation (2000)
  3. Jack Grosse, Protection and Management of Our Natural Resources, Wild Life and Habitat
  4. W. Lang, H. Nehold and K. Zemanek (cds), Environmental Protection and International Law
  5. A. Atiq Rahman, Raana Haider, Eirik G. Janses (ed), Environment and Development in Bangladesh
  6. Mohiuddin Farooque & S Rizwana Hasan, Law Regulating Environment in Bangladesh
  7. Jona Razzaque, Public Interest Environmental Litigation in India, Pakistan and Bangladesh
  8. Iqbal Hossain, International Environmental Law: Bangladesh Perspectives
  9. Kailash Thakur, Environmental Protection: Law and Policy in India
  10. Abraham C.M. Environmental Jurisprudence in India

 

LAW 812: Research Monograph 

Legal language and legal writing methodologies of legal research design and structure of research, reference style, finding sources of legal research structure and interpretation of statutes empirical tools: case studies, questionnaire survey and interviewing sampling and analysis of data, critical and forms of legal reasoning.

Books Recommended:

  1. H N Tewari, Legal Research Methodology
  2. Indian Law Institute, Legal Research
  3. Bonita, Roberts & Linda, Legal Research Guide: Patterns and Practice, Contemporary Legal Education Series
  4. Marjorie D Rombauer, Legal Problem Solving Analysis, Research and Writing
  5. Myneni, Legal Research Methodology
  6. C R Kothari, Research Methodology

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