The Application of International Law in the Municipal Legal System : A Highly Ad Hoc and Ambivalent Approach in Bangladesh Epitomizing a Broader Hermeneutics Trend?

Abstract

National courts are increasingly, if not routinely, dealing with questions of international law in a myriad of ways. The Supreme Court of Bangladesh (SCB) is no exception to this. However, through an extensive survey of the SCB’s judgments, this Article demonstrates when and under what conditions the SCB would apply international law in cases before it. While the legal system of Bangladesh is, in theory, dualist, the practice is not always uniform. This Article argues that this trend emanating from the precedents of the SCB is not by any means unique to Bangladesh. It finds that such an ad hoc approach to the application of international law is not only problematic for the development of the corpus of national law of Bangladesh but also breeds confusion among litigants and professionals dealing with law without any formal training on international law. This Article argues that this is neither monism nor dualism but a form of ‘oracle’ by invoking (or not invoking) international law on a case-by-case basis.