International Law


Rahman’s Chambers with its in-depth knowledge and resources combined with the higher study of our lawyers in both public and private international law along with the first-hand experience involving a number of international law matters makes us the first choice for clients involving Bangladesh such as MNCs, international organizations, specialized bodies formed under Treaty or sovereign states. Over the years, our Firm has adopted a wide Clientele from all sectors worldwide including but not limited to a Fortune500 listed company to International Shipping Conglomerates, providing assistance in complex international Bi/ Multi-Lateral Treaty matters and in any/all related matters.

“Additionally has a recognised practice in such areas as business formation, projects and energy, real estate and employment matters.”

-Chambers & Partners GLOBAL, 2019 

Specialist shipping practice covering the full scope of maritime issues including ship arrests, marine insurance, bills of lading and admiralty. Also handles shipbuilding matters, as well as ownership disputes, mortgage claims and cargo damage claims. Offers further capabilities in international trade and commercial litigation. Acts for a range of clients including shipowners, operators and P&I clubs.

-Chambers & Partners GLOBAL, 2019 

Our experiences are as follows:

  • Conducted due diligence involving fiscal incentives available within SAARC countries under bilateral/multilateral treaties between Bangladesh, India and other SAARC countries for export and import of few specified items for Sesa Care.
  • Advised Svitzer A/S, (Singapore headquarters) on various regulatory matters and legal compliance of “Seaman” engaged in special Govt projects within the Territorial waters of Bangladesh and International Treaties related to the CDC along with individual taxation of  foreign crewmembers.
  • We have advised Ralph Lauren, a Fortune 500 MNC on double taxation, investment treaty and public international law matters involving Bangladesh.
  • We have advised TEBIAN (TBEA) China, a Fortune 500 MNC on double taxation, investment treaty and public international law matters involving Bangladesh.
  • We represented UK P&I Club and the owner of M.V. SUPRAMAX VIVI in a collision matter which took place in Bangladesh but the Parties chose Singapore as a forum and decided not to appear before Bangladesh Courts. As Bangladesh counsel we worked together with HFW, an international law firm and were actively involved in advising, drafting based on private international law principles challenging the jurisdiction of Singapore.

Our services includes:

  • Negotiating and drafting inter-governmental and host government agreements concerning cross-border trade, investment and cooperation
  • G2G and PPP project finance and infrastructure projects involving international law
  • Rights and obligations under international trade law agreements, international intellectual property law agreements and related international environmental law agreements
  • International arbitration under bilateral investment treaties and multilateral investment treaties before the International Centre for Settlement of Investment Disputes (ICSID), ICC and SARCO.

Practice Guide – International

International law usually falls into two different categories. Public International law and Private international law. Public international law is the set of rules, agreements and treaties that are binding between countries. It generally comes from three sources: treaties, customs and general principles of law. Public international law concerns the relationships between nations and international organizations. Private international law, on the other hand, is a body of rules used to resolve legal disputes between private individuals who cross international boundaries.  Where a dispute is between two parties in different countries with different legal systems, private international law helps a court or tribunal determine the applicable forum for the resolution of disputes and which country’s substantive law will be used to decide the matter.  Although it is called ‘international law’ it is in fact a body of domestic law, and each country has its own set of private international law. Due to the flow of global investment and trade, international law is becoming increasingly relevant for states, international organization and multinational corporations. International lawyers represent countries, international organizations, state enterprises and MNCs in both contentious and non-contentious matters. Rahman’s Chambers advises clients on both contentious and non-contentious matters involving international law.

International law, also known as public international law and law of nations,[1] is the set of rules, norms, and standards generally accepted in relations between nations.[2][3] It establishes normative guidelines and a common conceptual framework to guide states across a broad range of domains, including war, diplomacy, trade, and human rights. International law aims at the practice of stable, consistent, and organized international relations.[4]

The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. International law may also be reflected in international comity, the practices and customs adopted by states to maintain good relations and mutual recognition, such as saluting the flag of a foreign ship or enforcing a foreign legal judgment.

International law differs from state-based legal systems in that it is primarily—though not exclusively—applicable to countries, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. Consequently, states may choose to not abide by international law, and even to break a treaty.[5] However, such violations, particularly of customary international law and peremptory norms (jus cogens), can be met with coercive action, ranging from military intervention to diplomatic and economic pressure.

The relationship and interaction between a national legal system (municipal law) and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to treaty provisions. National laws or constitutions may also provide for the implementation or integration of international legal obligations into domestic law. -source Wikipedia 

Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction.[1] This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case.[2] These issues can arise in any private-law context,[3] but they are especially prevalent in contract law[4] and tort law.[5]

The term conflict of laws is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term private international law is commonly used.[6] Some scholars from countries that use conflict of laws consider the term public international law confusing because this body of law does not consist of laws that apply internationally, but rather is solely composed of domestic laws; the calculus only includes international law when the nation has treaty obligations (and even then, only to the extent that domestic law renders the treaty obligations enforcable).[7] The term private international law comes from the private law/public law dichotomy in civil law systems.[8] In this form of legal system, the term private international law does not imply an agreed upon international legal corpus, but rather refers to those portions of domestic private law that apply to international issues. -source Wikipedia

Islamic law features such as respect for legal scholarship and peaceful resolution of disputes are compatible with principles embraced by the ICJ. Several Islamic law states recognize the ICJ’s compulsory jurisdiction, several of these states embrace traditional Islamic precepts, which at first glance may seem contradictory to international law. Given the features of international and Islamic legal systems, it can be explained how are some Islamic law states attracted to international adjudication. 

  • Respect for ‘rule of law’ constitutes an underlying premise of international law. One of the most important faces of the Islamic concept of justice is adherence to the divine law, its interpretation and implementation. It is a duty of the believer ‘to seek justice and apply it’ (Abu-Nimer, 2003: 234). Importantly, according to the Koran, no person is above the law, including the Prophet and rulers of Muslim states.
  • Islamic law promotes peaceful resolution of disputes via highlighting acknowledgment and forgiveness (Irani & Funk, 1998). Sulh, a peaceful settlement between the disputants, was the Prophet Muhammad’s preferred method of dispute resolution.
  • Since its origins, Islamic law depended on the cooperation between royal and customary law (Hallaq, 2009), which contributed to the fact that several Islamic domestic legal systems are only partially codified. Customary law constitutes an important source in several Islamic law states. It is sometimes used in place of or as a supplement to written law. Often, traditional Islamic precepts and tribal laws coexist with written codifications. The existence of local customary rules has been recognized by the ICJ in some of its judgments.
The bulk of ICJ cases deal with questions of sovereignty, maritime delimitation, diplomatic relations, and border disputes. For a state, the most obvious way to express its support for the ICJ is via signing the optional clause, which signifies that a state has recognized the ICJ’s compulsory jurisdiction. The legal design of the ICJ has, since its origins, leaned heavily on Western conceptions of law, embraced by civil and common legal traditions. Islamic law states did not participate in the creation of the Court. As a result, the ICJ structure and procedures differ considerably from faith-based Islamic law. Even there are some variation within the Islamic law tradition and demonstrate that under some conditions, Islamic law states are open to international adjudication.  Source- “Islamic law and International law” by Emilia Justyna Powell

 

Our service includes:


  • Cross Border claim
  • Conflict of law matters
  • Cross border litigation

Our Clients:


  • UK P&I Club
  • A.P. Moller Maersk Line
  • Plastoccats Limited
  • True North – Sesa Hair Oil+
  • Svitzer A/S

Related Resources - Library


The value of law reports in the legal profession cannot be overemphasized. They can be regarded as the life-wire of the legal profession. We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of  Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more

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