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International Law and Domestic Legal SystemsIncorporation, Transformation, and Persuasion$
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Dinah Shelton

Print publication date: 2011

Print ISBN-13: 9780199694907

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199694907.001.0001

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(p.98) 4 Bangladesh
International Law and Domestic Legal Systems

Bianca Karim

Tirza Theunissen

Oxford University Press

The status of international law within the domestic legal order, in the absence of clear national incorporating legislation, remains weak in Bangladesh. Until recently, very few treaties that have been ratified have been placed at the Parliament for codification into domestic law. Despite recommendations of various international treaty bodies as well as decisions of the Supreme Court flagging this issue, the government so far has not taken any action to implement these recommendations and decisions. Until such action is taken, courts in Bangladesh in effect remain barred from relying on international law and only may invoke it as an aid to interpretation when there is no domestic law on the issue or when the domestic law is unclear.

Keywords:   Bangladeshi law, customary international law, human rights law, dualistic common law, international treaties, domestic law

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