ORCID Profile
0000-0002-5351-2478
Current Organisations
University of Dhaka
,
Macquarie University
,
University of Rajshahi
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Publisher: Cambridge University Press (CUP)
Date: 05-04-2023
DOI: 10.1017/S2047102522000450
Abstract: In Indonesia, swidden practices have been part of traditional rice farming for centuries. Swidden agriculture is a fundamental part of all remaining large tropical forests and provides a critical form of bio ersity-friendly agriculture. Meanwhile, peatland degradation and land conversion for oil palm plantation and agriculture have created an annual transboundary environmental disaster in Southeast Asia. This article adopts a transnational lens to highlight the complex multi-scale interactions that perpetuate recurring transboundary air pollution in the region. Having examined the traditional practices of swidden agriculture in Central Kalimantan and South Sumatra (Indonesia), the article reveals that swidden agriculture has been misunderstood generally, and in particular in international and national law and policy. It argues that existing laws fail to identify the important role that swidden agriculture plays in sustainable ecosystem management and cultural expression. Nuanced understandings of fire use, alongside transnational multi-stakeholder and multi-scale approaches, are required.
Publisher: Springer Science and Business Media LLC
Date: 27-04-2011
Publisher: Cambridge University Press
Date: 17-09-2015
Publisher: Routledge
Date: 19-11-2010
Publisher: Informa UK Limited
Date: 06-11-2022
Publisher: Cambridge University Press
Date: 17-09-2015
Publisher: Edward Elgar Publishing
Date: 06-10-2023
Publisher: Brill
Date: 2013
DOI: 10.1163/22119000-01401006
Abstract: In 2007, Australia and India began a joint feasibility study to assess the prospect of an Australia-India Free Trade Agreement (FTA). Agriculture will be a crucial negotiation point in any such FTA. Agriculture is a key sector of the Australian economy, and an important and lucrative export, with more than half of the sector’s output exported. The scope of increased domestic demand in agriculture is limited for a significant segment of the sector. Therefore, sustained growth of the industry requires new export markets to be opened. This paper will analyse the prospects of boosting agricultural exports from Australia via the proposed FTA. This paper will assess the tariff and non-tariff barriers in agriculture in India and critically assess how an FTA could reduce these barriers. The benefits of increased liberalisation of agricultural trade in India will also be discussed to demonstrate the mutually beneficial opportunities that reduced trade barriers could provide.
Publisher: Elsevier BV
Date: 02-2021
Publisher: Brill
Date: 13-08-2019
DOI: 10.1163/24686042-12340035
Abstract: The ecosystem approach emerged in the international environmental realm to promote equity and justice for both people and nature. It provides a set of mechanisms, including equitable benefit sharing conservation and sustainable use adaptive management and participatory practices. This article explores how the ecosystem approach that is used in natural resource management shares synergies with notions of environmental justice, including distributional justice, procedural justice and justice-as-recognition. It also explores how the ecosystem approach responds to two additional principles of environmental justice that are specific to environmental disciplines, namely, intergenerational equity and the precautionary principle. The article illustrates the complementarity between the ecosystem approach and environmental justice through practical ex les and argues that environmental justice can be promoted by utilizing the ecosystem approach as a vehicle for policy-makers.
Publisher: Informa UK Limited
Date: 19-04-2020
Publisher: Routledge
Date: 31-10-2007
Publisher: Wiley
Date: 28-10-2022
DOI: 10.1111/REEL.12474
Abstract: Pacific Small Island Developing States are uniquely vulnerable to climate disasters due to their geography and capacity to address disaster, displacement and development challenges. Climate disasters often trigger internal displacement. Long‐term recovery responses are ad hoc and unsustainable, often resulting in protracted displacement that undermines development progress. As displacement poses cross‐sectoral challenges, a development policy approach encourages integrated, durable solutions for internally displaced persons and host communities. This article advocates for mainstreaming displacement into development policy rather than treating it as a distinct policy issue. The article outlines the role of international law in guiding national displacement practices and analyse the policy experiences of Vanuatu and the Solomon Islands. Vanuatu has experienced widespread disaster displacement events, and the Solomon Islands have seen communities permanently relocate due to climate change. The article examines governance and institutional barriers inhibiting effective policy design and implementation. It concludes that mainstreaming displacement into development policies will promote integrated, inclusive and sustainable solutions for protracted displacement.
Publisher: Brill
Date: 21-06-2023
DOI: 10.1163/24686042-12340096
Abstract: Trade has an important and lasting impact on bio ersity conservation. This is especially true for two of the most unique mega- erse ecosystems in the world: Australia and China. Not only does trade perpetuate unsustainable economic practices that exacerbate bio ersity loss, but it also has a direct influence on the ability for both Australia and China to implement effective policies aimed at bio ersity conservation. This article will explore the nexus between bio ersity conservation and international trade through the lens of the Australia – China trade relationship. To explore this issue, this article will first discuss the ideological foundations of the WTO , viz , a rules-based system aimed at promoting trade liberalisation. Whilst the WTO does not specifically regulate bio ersity, the General Agreement on Tariffs and Trade ( GATT ) does contain several provisions as general exceptions which enable Members to reconcile competing priorities of trade liberalisation on one hand, and sustainable development on the other. This article will then explore the trade and bio ersity nexus present within the China and Australia Free Trade Agreement (ChAFTA). Whilst ChAFTA contains several innovations which can improve bio ersity conservation, the Agreement also contains provisions which inhibit transparency and the ability for environmental non-government organisations to submit amicus curiae briefs in ISDS arbitration. Through a comparative analysis of other bilateral trade treaties, this article advocates for an approach which addresses these issues, including addressing systemic concerns regarding global bio ersity conservation.
Publisher: Elsevier BV
Date: 08-2017
Publisher: Brill
Date: 21-06-2023
Publisher: Wiley
Date: 31-01-2018
DOI: 10.1111/REEL.12230
Publisher: Routledge
Date: 28-12-2020
Publisher: Springer Science and Business Media LLC
Date: 24-04-2009
Publisher: Brill
Date: 04-06-2019
DOI: 10.1163/15718158-02001004
Abstract: This article examines how a right to health, expressed as a minimum core obligation under international law, can be advanced within the constitutional framework of Bangladesh. Reinforcing this right is important within the post-2015 Development Agenda under the United Nations Sustainable Development Goals. Drawing upon ex les of other jurisdictions to develop minimum core obligations of a right to health, it is argued that courts have a key role to play in actively enforcing a right to health to benefit poor, vulnerable and marginalised people. This article proposes that judicial adherence through interpretation of domestic and international law may provide the best mechanism to promote a right to health as a minimum core obligation in Bangladesh.
Publisher: Springer Science and Business Media LLC
Date: 04-07-2022
Publisher: Springer Nature Singapore
Date: 2023
Publisher: Bangladesh Journals Online (JOL)
Date: 20-01-2022
Abstract: Abstract not available Dhaka University Law Journal, Vol. 32(1), 2021 P.17-38
Publisher: Emerald
Date: 15-06-2012
Publisher: Cambridge University Press
Date: 05-09-2015
Abstract: The unprecedented degradation of the planet& apos s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South ide) have compromised international environmental law, leading to deadlocks in environmental treaty negotiations and noncompliance with existing agreements. This volume examines both the historical origins of the North-South ide in European colonialism as well as its contemporary manifestations in a range of issues including food justice, energy justice, indigenous rights, trade, investment, extractive industries, human rights, land grabs, hazardous waste, and climate change. Born out of the recognition that global inequality and profligate consumerism present threats to a sustainable planet, this book makes a unique contribution to international environmental law by emphasizing the priorities and perspectives of the global South.
Publisher: Springer Science and Business Media LLC
Date: 15-05-2013
Publisher: Cambridge University Press (CUP)
Date: 19-11-2010
Publisher: No publisher found
Date: 2022
Publisher: Brill
Date: 29-06-2018
DOI: 10.1163/15718158-01901003
Abstract: Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.
Publisher: Elsevier BV
Date: 10-2022
Publisher: Emerald
Date: 19-06-2017
DOI: 10.1108/JITLP-01-2017-0002
Abstract: The purpose of this paper is to address the challenges developing countries face in attempting to balance sanitary and phytosanitary measures (SPS) health and safety measures against concerns about protectionism, illustrated by the impact of trade barriers on the fisheries and aquaculture sector in Bangladesh. The paper then provides recommendations to overcome the effects of these trade barriers. The author uses a close doctrinal approach for the first three parts of the paper by analysing the provisions of the World Trade Organisation (WTO) SPS Agreement and the effect of those provisions in creating domestic compliance gaps in the Bangladeshi fisheries and aquaculture sector. A qualitative approach is then adopted in suggesting potential reforms and future directions to assist the Bangladeshi fisheries and aquaculture sector overcome SPS trade barrier issues. To overcome the market access issues created by SPS trade barriers, Bangladesh and other developing countries require multilateral assistance, accommodation by trading partners and internal reforms. This includes reforming internal governance structures, improving trade participation and negotiation, increasing infrastructure investment and learning from similar countries who have improved their supply chain management. This paper will have significant implications by contributing to law and policy reform debates involving international trade law and domestic compliance gaps. It will also assist other developing countries that experience SPS trade barriers to learn from the experience of the Bangladeshi fisheries and aquaculture sector. This paper has practical implications by providing recommendations for how Bangladesh can overcome SPS trade barriers and improve its market access. This will help Bangladesh integrate into the global trading system by enhancing its participation in the SPS framework. By addressing and providing recommendations for the SPS trade barrier challenges faced by Bangladesh fishery and aquaculture sector, this paper provides a framework to improve the economic development and global competitiveness of the industry. This will contribute the gross domestic product growth and help increase the overall living standards of the people involved in the fisheries and aquaculture business in Bangladesh. This paper is an original work that has not been published elsewhere. It is the first time a paper has dealt with the legal, policy and compliance challenges faced by the fisheries and aquaculture sector in Bangladesh.
Publisher: Elsevier BV
Date: 07-2014
Publisher: ISEAS - Yusof Ishak Institute
Date: 10-12-2020
DOI: 10.1355/CS42-3C
Publisher: Brill
Date: 2011
Publisher: Elsevier BV
Date: 2013
Publisher: Wiley
Date: 11-2017
DOI: 10.1111/REEL.12221
Publisher: Edward Elgar Publishing
Date: 10-12-2020
Abstract: Forests are a critical component of bio ersity and are essential for a wide range of ecosystem services. There is a rapid and alarming decline of bio ersity worldwide. Indonesian bio ersity, in particular, is increasingly under serious threat of environmental degradation as a result of the prevalence of criminal activities such as deforestation, poaching, illegal wildlife trade, and forest fires. The occurrence of deforestation in Indonesia can be primarily attributed to two main factors: forest conversion into oil palm plantation and wood fiber plantation. This article examines the adequacy of the legal framework in Indonesia in addressing bio ersity loss, the challenges it experiences and any prospects for the implementation of bio ersity laws and policies. This examination will be undertaken through the theoretical frameworks of the ecosystem approach, and political ecology. It is concluded that the effectiveness of legislation related to bio ersity conservation is hindered by top-down approaches and the political and economic structural legacies of previous governments which tend to favour economic development at the expense of adequate bio ersity protection. To address the complex problems of bio ersity protection, Indonesia not only needs stronger legislation in protecting bio ersity, but must address other factors that hinder the effectiveness of efforts to protect bio ersity. In addition, despite the current prospect of initiatives and policy reforms aimed at reducing deforestation and forest degradation since the implementation of REDD+, each initiative has practical, financial and legal limits. Therefore, it is suggested that the effective coordination of each strategy is needed. Particularly at the local level, the capacity of the community to be engaged in conservation and the ability of the government to implement and effectively enforce bio ersity laws has proven challenging and needs to be addressed.
Publisher: Oxford University Press (OUP)
Date: 2009
DOI: 10.1093/JEL/EQP005
Publisher: Cambridge University Press (CUP)
Date: 06-07-2018
DOI: 10.1017/ALS.2018.1
Abstract: The adoption of weak remedies, such as declarations or recommendations by the Bangladesh Supreme Court in litigations on state-induced forced slum evictions, significantly contributes to the tardy implementation of court orders. In this context, there is a growing global consensus on the structural injunction—a remedy that enables judges to monitor and bring about governmental compliance with judicial orders of social rights litigation. The Bangladesh Supreme Court faces several real and compelling challenges relating to its constitutional authority and institutional capacity that hinder remedial innovation. Through examining relevant constitutional provisions, judicial approach, and comparative ex les, this article argues that the court has the capacity to overcome these constraints. Thus, it advocates judicial reform in Bangladesh to offset the state’s often arbitrary interference with the basic necessity of housing of the slum dwellers.
Publisher: ISEAS - Yusof Ishak Institute
Date: 31-08-2015
DOI: 10.1355/CS37-2B
Publisher: Edward Elgar Publishing
Date: 05-2019
Abstract: For developing countries like Indonesia, the advantages enjoyed by developed countries – of political stability and highly regulated systems of land tenure and ownership – are elusive, leading to a situation in which state intervention in forest governance is met with resistance and faces significant hurdles. Recognizing the challenges facing implementation of Indonesia's current systems of certification, and the failure thus far of government efforts to stem illegal forestry activity, this article examines the influence of certification on sustainable forest management (SFM) in Indonesia. In particular, the question of how certification requirements interact with both the domestic regulatory framework and expectations for community participation and engagement is considered. The article begins by reviewing Indonesian efforts to implement SFM, as well as the basis of certification systems before examining Indonesian experience with forest certification, drawing both upon previously published studies and field research by the authors. Finally, the article considers complementarity in government, private and community initiatives in SFM and how regulatory reform in support of a more participatory approach could contribute to achieving these goals. The development of the Indonesian voluntary forestry certification process shows that both certification schemes and government regulation provide advantages and disadvantages in improving the sustainability of forest management and in controlling illegal activities. An increased role for communities, small-scale producers and traditional forest users appears important in the Indonesian context, providing additional options and capacity for sustainable forest management.
No related grants have been discovered for Shawkat Alam.