Market Power Abuse in EU And UK: A Review of Consumer Detriment Issues

When a dominant company exploits its market power and that harms fair competition in the marketplace, average consumers remain in the most vulnerable condition having vital influence on but no active participation in the functioning of the market. The actions of a business that has market power can have serious effects on the operation of a market. An undertaking in a dominant position may use its market power in several ways, the most common being exploiting consumers by artificial scarcity and increasing prices. Moreover, there may be diverse interpretation as to the nature of an undertaking while considering market power abuse cases for the purposes of European Union (EU) Competition law. It is significant to consider the status of consumers in a market to see if dominant entities are abusing their powers and therefore test the level of commercialization.Northern University Journal of Law Vol.IV 2013; p.27-46

Legal Framework of Poverty Reduction in Bangladesh: An Analysis From The International Human Rights Law

not availableNorthern University Journal of Law Vol.IV 2013; p.83-98

A Journey into Law and Justice

not availableNorthern University Journal of Law Vol.IV 2013; p.8-11

Influence of Western Jurisprudence over Islamic Jurisprudence: A Comparative Study

not availableNorthern University Journal of Law Vol.IV 2013; p.13-26

A Contextual Analysis of the Medical Negligence in Bangladesh: Laws and Practices

Medical negligence is a clear violation of right to health by a professional group who are actually on duty to protect when emergency strikes and the health rights are under threat. Medical negligence is lately a popular topic of attention and discussion in many developed states and consequently many of them have enacted and established separate Acts and courts to strengthen health care laws. However in Bangladesh there is no specific and comprehensive legislation to prevent medical negligence though many legal provisions are there under different statutes which are not precisely codified. This article in this background has made an effort to define medical negligence, present laws concerning medical negligence of Bangladesh with their major loopholes and lastly recommends some actions to come on strong preventing such violation of health-care rights.Northern University Journal of Law Vol.IV 2013; p.67-81

The Doctrine of Capital Maintenance and its Statutory Developments: An Analysis

This article emphasizes on the implication of the doctrine of capital maintenance which means the capital of a company needs to be kept intact for there is a contribution of the creditors and retaining the capital is normally expected to guarantee repayment to the creditors. Any reduction of capital can diminish the liability of members and consequently the position of the creditors can be vulnerable. Therefore, an attempt has been made by this study to reveal the origin, objective and application of the doctrine of capital maintenance to find out a way by which we can save the interest of the creditors as well as satisfy the needs of the modern business.Northern University Journal of Law Vol.IV 2013; p.47-55

The Legal Framework of Corporate Rescue Procedure: A Brief Overview

This paper is designed to throw an insight into the legal framework of corporate rescue procedure of the companies in the case of insolvency which are generally governed by insolvency laws. It analyzes the present status and application of insolvency law of our country in the context of companies, by comparing the same with the law of England & Wales. The paper contains major provisions of the present law relating to corporate rescue procedures in English jurisdiction including landmark judgments given in that context. By this comparison, the paper aims to provide the reader with the instigation of thought for making possible improvements in our present law by way of implementing rescue procedures for companies which are in financial difficulties.Northern University Journal of Law Vol.IV 2013; p.57-65

Linkage between Right to Development and Rights-based Approach: An Overview

The concept of right to development has been inserted into the rights discourse quite recently, though it was known earlier that theg proper implementations of human rights tend to secure the life standard and progressive development of the community. New concepts of development expressed its concern for the overall betterment of human being.1 Right to Development (RTD) is being recognized as a collective right in the human rights arena. On the other hand, Rights Based Approach (RBA) has an inseparable link with right to development which seeks for the identification of issues to make a need based assessment. In brief, a human-rights approach translates poor people’s needs into rights, and recognizes individuals as active subjects and stakeholders. It further identifies the obligations of states that are required to take steps – for example through legislation, policies and programs with a view to respect, promote and fulfill the human rights of all people within their jurisdiction.2 RBA addresses rights based issue to achieve goals adopted by MDG, like alleviating poverty, promoting education, ensuring gender equality and empowerment of the women, developing a global partnership for development etc. In this article, the right to development is being tried to accurately affiliate with the framework known as Rights Based Model with a view to characterizing a successful coordination between the two. Thus if the states intend to adjust their methods of functioning and fulfill their obligations to the beneficiaries according to the rights based model, the recognized human rights such as economic, social, cultural rights involved in human development would be enjoyed and respected by an individual irrespective of his class, group, origin and any other attributes. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18528 Northern University Journal of Law Vol.1 2010: 96-111

Establishment of the International Criminal Court and the Role of USA: A Legal Appraisal

In order to end global impunity of perpetration of heinous crimes against humanity and gross violation of human rights and to bring individual perpetrators to justice, international community felt the need for a permanent international criminal court.2 As the armed conflicts and serious violations of human rights and humanitarian law continue to victimize millions of people throughout the world, the reasons for an international criminal court became compelling.3 In many conflicts around the world, armies or rebel groups attack ordinary people and commit terrible human rights abuses against them. Often, these crimes are not punished by the national courts. Here the ICC is complementary to national criminal jurisdictions.4 The court only acts in cases where states are unwilling or unable to do so.5 The jurisdiction of the Court is not retrospective and binds only those States that ratify it.6 Unlike the International Court of Justice in The Hague, whose jurisdiction is restricted to states, the ICC has individualized criminal responsibility. However, the role of USA regarding the establishment and continuation of ICC has caused the organization fall in a trouble. The better cooperation of USA and other states could make the organization more active and effective as to its activities. The view of this paper is to analyze the role of USA towards the establishment, continuation and function of the International Criminal Court. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18525 Northern University Journal of Law Vol.1 2010: 51-69

Constitutional Reform in Bangladesh: Exploring the Agenda

The Bangladeshi brand of democracy has caused some horrible nightmares in recent times. Though democracy in Bangladesh has got a certain degree of consolidation during the last eighteen years, ‘she could not make significant progress in consolidating her democratic institutions.’1 Over the years Bangladesh has gone through a phase of ‘illiberal democracy’ with the politicians behaving autocratically, rewarding political supporters and punishing the opposition. Partisan, financial and personal interests curbed the bureaucracy, judiciary, police or even the legislature.2 Disorder became the order, irregular the regular, and Machiavellism the political culture.3 On the other hand, the concept of separation of power has got a violent blow in the Constitution of Bangladesh. What the Constitution has done can very well be described as ‘assignment of powers’ of the Republic to the three organs of the Government.4 Concentration of power in the hands of Prime Minister resulted in paralyzing both the judiciary and legislature with leviathan omnipotence of the executive. Today’s Bangladesh may well be termed a ‘one legged state’ while the theory of separation of power contemplates a three legged one. Much water has already flown by and considerable amount of silt has filed up on this issue. Someone sought overnight purified democracy ‘suitable to the genius of the people of Bangladesh’ while some other relentlessly asserted their absolute faith in West Ministerial Democracy and advocated for going slow, giving democracy a chance – to learn from trial and error. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18524 Northern University Journal of Law Vol.1 2010: 39-50