ABSTRACT

The position of international law in general is quite clear in the domestic legal order of Bangladesh. Being a country with a dualistic common law tradition, Bangladesh requires the transformation of treaties (bilateral or multilateral) within the domestic legal framework in order to attribute them with statutory effect. In practice, where there is an unambiguous domestic law on a disputed issue, the Supreme Court of Bangladesh, being constitutionally empowered to deal with or interpret the principles of international law, normally gives effect to the domestic law, not to the principles or customary norms of international law. In other words, the principles of treaties, even if ratified by the state, are not enforced unless they are incorporated into domestic laws. 1