Search result: 4 articles

x
The search results will be filtered on:
Journal European Journal of Law Reform x Year 2016 x
Article

Responses to Climate Change in Bangladesh

An Appraisal

Journal European Journal of Law Reform, Issue 2 2016
Keywords climate change, adaptation, Bangladesh, impacts, vulnerability
Authors Nour Mohammad
AbstractAuthor's information

    Climate change is a global problem. The impacts of climate change are worldwide. It’s not only detrimental for developing countries but also harmful for developed countries. Bangladesh is recognized as one of the countries most vulnerable to and affected by the impacts of climate change and global warming. This is due to its geographical location, geo-morphological conditions, low elevation from the sea, density of population, poverty, and remarkable dependence on nature, as well as its resources and services. As a developing country, Bangladesh is least responsible for the GHGs emission and an innocent victim of adverse impacts of climate change. This article explores the situation of climate change, its various causes and the impacts faced by the developing countries, in particular Bangladesh. The author aims to highlight how to reduce the causes of climate change for developing countries and the obligations of developed countries to combat the climate change under the existing international legal framework.


Nour Mohammad
Assistant Professor of Law, Premier University, Chittagong, Bangladesh.
Article

Prologue: The IALS Law Reform Project

Journal European Journal of Law Reform, Issue 3 2016
Keywords statute, common law, codification, consolidation, implementation
Authors Jonathan Teasdale
AbstractAuthor's information

    Law, particularly enacted law, needs to be as simple and as accessible as possible, clear and concise and – perhaps above all – fit for the purposes of modern society. Laws passed in one decade may prove to be less than adequate for the needs of later generations because of changes in the social fabric or social mores or because of technological advance or economic challenge. Societies needs mechanisms for keeping law under review, particularly when governments are focused on introducing more law – sometimes layered on top of existing law – to fulfil electoral promises. The position is compounded in common law systems where the senior judiciary add to the legal corpus.
    Different jurisdictions have differing needs. The IALS Law Reform Project (at the Institute of Advanced Legal Studies, University of London) has set itself the task of identifying the range of law reform mechanisms employed across the common law and civil law worlds with a view to establishing which of the components are core, and identifying others which could be improved. The starting point, of course, is: what is law reform? Are reform and revision the same? Does reform need to be legislative? Why does codification work in civil law jurisdictions but is eschewed in parts of the common law world? This is about the processes of law reform; substantive reform is for another day.


Jonathan Teasdale
LL.B, LL.M, Barrister (England and Wales), FRSA. Presently associate research fellow in the Sir William Dale Centre for Legislative Studies at the Institute of Advanced Legal Studies (University of London) specializing in law reform, and formerly a lawyer with the Law Commission for England and Wales.
Article

Managing the EU Acquis

Journal European Journal of Law Reform, Issue 3 2016
Keywords EU, legislation, accessibility, updating
Authors William Robinson
AbstractAuthor's information

    EU legislation plays a key role in filling in the gaps in the framework created by the EU Treaties. The body of EU legislation known as the acquis has grown piecemeal over 60 years to a confused and confusing patchwork of over 100,000 pages. There is an urgent need for a more coherent approach to updating, condensing and revising that legislation to ensure that it is readily accessible. New mechanisms should be established for those tasks, or else the existing mechanisms should be enhanced and exploited to the full.


William Robinson
Associate Research Fellow, Institute of Advanced Legal Studies, London.
Article

Credibility of Sunnah

Journal European Journal of Law Reform, Issue 4 2016
Keywords Sunnah, Hadith, traditions of Prophet Muhammad, sources of Islamic Law, rules of Hadith acceptance
Authors Ahmad Alomar
AbstractAuthor's information

    Islamic Law (Sharia) consists primarily of the Qur’an, the actual word of God revealed to Prophet Muhammad during his lifetime. The Qur’an itself is relatively short, compact and immutable. It was revealed in Classical Arabic and in a very poetic and elaborate format. Many parts of it are not easy to understand even for educated speakers of Arabic. In order to understand the meaning of some of its provisions and to be able to apply its teachings to changing times and societies, recourse is often made to other sources of Islamic law, first and foremost the Sunnah, or traditions of the Prophet Muhammad. The Sunnah consists of historic records of things the Prophet did or said in various situations during his lifetime. Because of the Prophet’s exalted position as God’s messenger, his words and deeds are considered supreme guidance for Muslims anywhere, as they are seeking to understand the teachings of Islam and its application to their lives. The problem with the Sunnah is, however, that the historic record of the words and deeds of the Prophet is not always clear and reliable. Therefore, giving the force of law to these words and deeds can be problematic. Distinguishing reliable and unreliable Sunnah is critically important. Muslim believe in many hadiths that may directly contradict the Qur’an, scientific evidence, fundamental principles of law and human rights, or each other. This article examines the Sunnah and the science of verifying hadith and argues that a more cautious approach should be taken and that Muslims around the world are being taught many rules that are supposedly rules of Islamic law where at the very least we cannot be sure. Instead of declaring thousands of weak hadith to be binding elements of Islamic law, we should be more discerning between strong and weak hadith and only treat those that are verifiable as binding. Other rules can still be persuasive if they meet certain conditions, in particular compatibility with the Qur’an itself, but they must not be used to impose rules on Muslims against their will, let alone against the provisions of the Qur’an.


Ahmad Alomar
S.J.D Candidate at IU McKinney School of Law, Faculty Member at King Fahd University of Petroleum and Minerals.
Showing all 4 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.