Islam, Mohammad Towhidul
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Revisiting the Customs Act 1969 in line with WCO’s International Convention on the Simplification and Harmonization of Customs Procedures 1974 Islam, Mohammad Towhidul; Alam, Khurshid
Indonesian Journal of Law and Society Vol 4 No 1 (2023): International Business and Crimes in Modern Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v4i1.29096

Abstract

In the present-day system of integrated world economy, the administration of customs or customs procedure clearly carries considerable effects on the trade transactions both within the border and beyond. In fact, the gravity of the cross-border business potentials leads to the realization of simplifying and harmonizing the customs procedures all over the world. Moreover, the development and operation of the modern customs administration signifies, by and large, a radical shift from the revenue collection to the trade facilitation focus. In the current day, it has become almost a universal belief that trade facilitation and removal of trade barriers go hand in hand with simplification and harmonization of customs procedures. The World Customs Organization (WCO) with this in mind had the Revised Kyoto Convention (RKC) enacted in 1974. The customs regime of Bangladesh is still dependant on the half century old the Customs Act, 1969. Although some changes have been brought to bring it in line with the RKC, many of its provisions are still the same. This creates an impediment towards trade facilitation and economic growth. This paper discusses the differences between the provisions of RKC and Customs Act, 1969 and recommends the changes that are required to be brought in the customs regime of Bangladesh for overall trade facilitation and economic development of the country.
WTO Dispute Settlement and Intellectual Property Disputes: Tracing the Trends and Implications Islam, Mohammad Towhidul; Tasnim
Indonesian Journal of Law and Society Vol. 6 No. 1 (2025): Indonesian Journal of Law and Society
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

 Instead of a set of non-binding General Agreement on Tariffs and Trade (GATT) mechanisms, the Marrakesh agreement, the founding treaty of the World Trade Organization (WTO), instituted a binding framework for global trade disputes. WTO integrates a diverse array of dispute resolution mechanisms, both judicial and extrajudicial, along with essential authority to address trade and business matters, especially intellectual property disputes. Although this mechanism is relatively new, it has demonstrated an increasing number of IP matters being resolved. Involvement of major economies, good faith of the countries to implement and rectify actions, and speedy disposal of IP conflicts are commendable achievements of this body. However, it also poses some inevitable challenges of power imbalances, dependency on party bona fides and limitations in enforcement forces. With the proliferation of IP rights consciousness and its importance in world trade, this article uncovers how the WTO dispute settlement mechanism is navigating through the IP field. It assesses how effectively the WTO resolves disputes raised before it and what impacts the dispute settlement mechanism are making. This paper examines the role of WTO assessing the system’s strengths and weaknesses. It initially builds upon the basis by detailing the dispute settlement mechanism to resolve trade disputes, particularly IP ones. The discussion then changeovers to a case study approach to assess the mechanism’s role, followed by a critical analysis. Lastly, the paper scrutinizes the encounters prevailing in the system and tends to find probable actions required to unravel them for improvement.