IIUC Studies
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Item 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 MahabuburLaw 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.Item 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 ArshadulToday'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.Item Doctrine of “Caveat Emptor” (Buyer be aware) in Common Law and the Doctrine of “Khiyar al aib” (Option of defect) in Islamic Law: A Comparative Study(CRP, International Islamic University Chittagong, Bangladesh, 2014-12) Malek, Abdul; Begum, Anju Man Ara; Hoque, Kazi ArshadulThe Sale of Goods Act, 1930 deals with one of the important branches of contract especially the moveable goods with which the general people in the world deal every day. In dealing with the goods proposed for sale must be free from any known or unknown defect of either party of the contract of sale. Regarding the sale of defective goods the buyer has some remedies against the default seller in both common law and Islamic law. In common law it is known as “Caveat Emptor” (Buyer be aware) and in Islamic law it is known as “Khiyar al aib” (Option of defect). It is the general rule that the buyer should have an opportunity to satisfy himself as to the quality of the goods for his particular purpose and in absence of any query or unskilled test by the buyer, the seller is not to be liable for anything. In this article efforts have been made to examine the rights and duties of buyer and seller in Common law and Islamic Law. An attempt has also been made to find out similarities and dissimilarities of both laws regarding caveat emptor. Thus the paper, through the analysis of both laws, tries to address the problems and solutions related tocaveat emptorItem Telecommunication Regulation in Bangladesh: An overview(CRP, International Islamic University Chittagong, Bangladesh, 2014-12) Begum, Anju Man Ara; Murad, Mohammad Hasan; Hoque, Kazi ArshadulThe demand for telecommunications services is rapidly escalating. There has been a significant shift from domestic intrasufficiency to international interdependence in both the demand and supply sides of markets generally. As consumers become more sophisticated in evaluating the world market, businesses have to maintain their comparative advantage in services by globalizing research, manufacturing products with multinational counterparts. All of these factors- the high demand for telecommunications services, the interconnectedness of telecommunications sector inputs and uses, and international dependence-created the need to integrate the piecemeal and segmented Telecommunications trade policies, laws and regulations. This article begins by looking at the question ‘what is telecommunications?’ and then by identifying reasons why the industry is so highly regulated. The discussion is then led into the general way in which telecommunications is regulated and finally specifically at how it is regulated in Bangladesh. This article is intended to provide a big-picture overview of how telecommunications is regulated in Bangladesh. Recommendations are also suggested to improve the regulatory framework of telecommunication in Bangladesh