Volume 07, December 2010

Permanent URI for this collectionhttp://dspace.iiuc.ac.bd/handle/88203/69

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    Internet Peculiarity and Territorial Traditionalism Converge on Cyberspace: A Study of Techno-legal Synchronization in the USA
    (CRP, International Islamic University Chittagong, Bangladesh, 2010-12) Hoque, Kazi Arshadul; Rahman, Mohammad Mahabubur
    Law is enacted and imposed by sovereign state authority. As the states are territorial in nature, the enforcement of law depends to a large extend on the ability to exercise physical control over the territory. Cyberspace and internet have no territorial-based boundaries and are almost entirely independent of physical location. In spite of inevitability of a distinct set of laws and legal principles to be adopted for cyber offences the traditional territorial law can supply element for cyber legal issues. The hi-tech pioneer American courts whether federal or provincial are very much inclined to decide the internet- cases on the basis of territorial concept by applying the principles of traditional territorial notions. This article concentrates on the study of the American cases as a representative type of hi-tech nations for searching the influences of traditional territorial concept on the settlement of internet- cases and the way for overcoming the problems came out of cyber peculiarity. This article will show how law together with internet has created a new environment in legal arena; and how the USA as high-tech nation relying upon previous territorial experience is making new pathway for the jurists, courts and all others. This article is based on keen observation and intensive analysis of American practice.
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    The Right to Information Act in Bangladesh: An Analysis in the Light of Johannesburg Principles of Freedom of Information Legislation
    (CRP, International Islamic University Chittagong, Bangladesh, 2010-12) Murad, Mohammad Hasan; Hoque, Kazi Arshadul
    Today's knowledge based world is now resonating with the call for meaningful democracy backed by transparency and accountability in the state engine and peoples right of access to information has gained a great importance. In a modern democratic state, the right to information, more popularly described as the right to know, is an indispensable prerequisite. There is no denying the fact that the notion of freedom of thought, of conscience, of speech and rule of law become worthless if the people are deprived of access to information. There appears to have been a universal recognition of the demand and necessity for the establishment of peoples right of access to information. The experience in other countries suggests that this scenario can be changed by empowering people with right to information or freedom of information. The translation of right to information into law has to be done considering a number of principles which are required to be addressed in the law. The article presents an overview of the concept of right to information and attempts to discuss the principles underpinning right to information along with an analysis of to what extent those principles are reflected in the right to information law of Bangladesh.