Samiur R A H M A N Jaki | Jagannath University (original) (raw)

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Papers by Samiur R A H M A N Jaki

Research paper thumbnail of Smart Contracts: The Blockchain Revolution in Contract Law

International Journal For Multidisciplinary Research , 2023

Emerging technologies play pivotal role to accelerate the application of various developing secto... more Emerging technologies play pivotal role to accelerate the application of various developing sectors of the world. Automation and digitalization coupled with blazing fast networking have the potential to automate the execution of civil law. More precisely, smart execution and enforcement of contracts. With this notion in mind, this short article elaborates on the technical attributes of smart contracts and the technology that empowers it, the "Blockchain" and Distributed Ledger Technology or DLT. Moreover, the author of this article strived to emphasize the need for regulatory compliance of this evolving technology with reference to the adoption of smart contracts in various jurisdictions. Finally, the goal of this article is to extrapolate the exigencies of smart contract and how it can revolutionize the traditional contract law with automation and efficiency.

Research paper thumbnail of Protection of Software Under Intellectual Property Law: Scopes and Challenges

International Journal of Law Management and Humanities , 2023

Software plays a pivotal role in modernizing contemporary world and without conservation of softw... more Software plays a pivotal role in modernizing contemporary world and without conservation of software IPR (Intellectual Property Rights), innovation in the tech industry can't be contemplated. So this paper enumerates the scopes of software IPR focusing on the diversified nature of software IPR the standard for ascertaining the exact class of software IP is which difficult to determine so this paper to clarify this issue elaborates on the essence and challenges of availing Copyright, Patent, Trade Secrets in the context of protecting the software IPR from infringement and misappropriation in the technology industry.

Research paper thumbnail of A comprehensive look at the "Baseline Delimitation" of Islands Reefs Low tide elevations under International law of the Sea.

"Baseline delimitation" is a complex process of ascertaining maritime zones of a coastal state. A... more "Baseline delimitation" is a complex process of ascertaining maritime zones of a coastal state. As per United Nations Conventions on the Law of the Seas 1982 hereinafter UNCLOS 1982 , baseline can be drawn using "Normal" or "Straight" method and such baselines can be drawn along different marine objects such as along Islands (Art. 121) "Low tide elevations" (Art. 13) , "Oceanic Rocks" , "Reefs"(Art 6) etc. So in this paper i have critically illustrated the key ingredients of those articles & tried to provide a interpretative / comparative analysis of the core essentials of baseline delimitation of Islands, Reefs and Low tide Elevation.

Research paper thumbnail of Critical analysis of numerous practices concerning "Baseline delimitation" under International Law of the Sea with special reference to "Anglo Norwegian Fisheries Case 1951"

The concept of "Baseline" bears special credence in the arena of International law of the Sea. Ba... more The concept of "Baseline" bears special credence in the arena of International law of the Sea. Baselines are considered as the starting point to calculate different maritime zones of coastal states. In this writing i endeavored to explain fundamental aspects of baseline and the relevant UNCLOS 1982 provisions as well as a comprehensive oversight of some baseline related ICJ decisions most importantly the Anglo Norwegian Fisheries Case 1951".

Research paper thumbnail of A comprehensive look at the codification process of the International Law of the Sea .

This article illustrates with brevity the entire codification process of the International law of... more This article illustrates with brevity the entire codification process of the International law of the Sea and it's gradual development. I have exerted to articulate different phases of the development of the sea law starting from the intial 16th Century Hugo Grotius rules which introduced "Mare Liberum" or "Freedom of the Sea" & how this principle of open sea transcended to the adoption of UNCLOS (1,II, & III) and ultimately the LOSC 1982 (Law of the Sea Convention) which is conventionally known as the constitution of sea..

Research paper thumbnail of Fundamental Principles governing the International Law of the Sea.

This paper aims at demonstrating the 3 rudimentary principles (Freedom , Sovereignty , Common her... more This paper aims at demonstrating the 3 rudimentary principles (Freedom , Sovereignty , Common heritage of mankind) which formulates the basic jurisprudential understanding of the International law of the sea.

Research paper thumbnail of What are the remedies available to a Copyright holder in the event of infringement of copyright under “Copyright Act 2000" ??

This article aims at describing the nature of remedies available to a copyright holder under our ... more This article aims at describing the nature of remedies available to a copyright holder under our Copyright Act 2000.

Research paper thumbnail of How a criminal court of Bangladesh can procure appearance of accused person before the trial ?

This paper aims at demonstrating the 3 processes of compelling appearance of an accused before th... more This paper aims at demonstrating the 3 processes of compelling appearance of an accused before the criminal courts of Bangladesh.

Research paper thumbnail of Can coastal states exercise its maritime jurisdiction up to 24 nautical miles from the baseline under UNCLOS 1982 ?

This paper aims at demonstrating under international maritime law standards how far a coastal sta... more This paper aims at demonstrating under international maritime law standards how far a coastal state can exercise it's maritime jurisdiction in the Contiguous maritime zone or CZ which is 24 nautical miles from the baseline of the coastal state.

Research paper thumbnail of How an accused can provide confessional statement?

This paper aims at demonstrating as to how an accused person can provide a "confessional Statemen... more This paper aims at demonstrating as to how an accused person can provide a "confessional Statement" under criminal legal system of Bangladesh.

Research paper thumbnail of Can coastal states under international maritime law exercise it’s jurisdiction over foreign vessels part 1 .docx

The 1st part of this paper aims at enumerating that whether or not under United Nation Conventio... more The 1st part of this paper aims at enumerating that whether or not under United Nation Convention of the Law of the Sea (UNCLOS) 1982 , coastal states can exercise it's jurisdiction over any foreign vessel in transit through it's "internal waters" or "territorial sea".

Research paper thumbnail of The functioning of international law in the continent of Antarctica.docx

This paper aims at exemplifying the legal status of Antarctica and how international law governs ... more This paper aims at exemplifying the legal status of Antarctica and how international law governs the unclaimed territory of Antarctica.

Research paper thumbnail of How an insane person can seek exemption from Criminal act

This paper aims at demonstrating the fundamentals of plea of insanity under section 84 of Penal C... more This paper aims at demonstrating the fundamentals of plea of insanity under section 84 of Penal Code 1860

Research paper thumbnail of Presentation on the " Mischief " Rules of Interpretation

this paper aims at providing brief analysis on the "Mischief" rule of interpretation . I have pro... more this paper aims at providing brief analysis on the "Mischief" rule of interpretation . I have provided leading case laws and included definition , merits , demerits and application of the rule in my said paper

Research paper thumbnail of Smart Contracts: The Blockchain Revolution in Contract Law

International Journal For Multidisciplinary Research , 2023

Emerging technologies play pivotal role to accelerate the application of various developing secto... more Emerging technologies play pivotal role to accelerate the application of various developing sectors of the world. Automation and digitalization coupled with blazing fast networking have the potential to automate the execution of civil law. More precisely, smart execution and enforcement of contracts. With this notion in mind, this short article elaborates on the technical attributes of smart contracts and the technology that empowers it, the "Blockchain" and Distributed Ledger Technology or DLT. Moreover, the author of this article strived to emphasize the need for regulatory compliance of this evolving technology with reference to the adoption of smart contracts in various jurisdictions. Finally, the goal of this article is to extrapolate the exigencies of smart contract and how it can revolutionize the traditional contract law with automation and efficiency.

Research paper thumbnail of Protection of Software Under Intellectual Property Law: Scopes and Challenges

International Journal of Law Management and Humanities , 2023

Software plays a pivotal role in modernizing contemporary world and without conservation of softw... more Software plays a pivotal role in modernizing contemporary world and without conservation of software IPR (Intellectual Property Rights), innovation in the tech industry can't be contemplated. So this paper enumerates the scopes of software IPR focusing on the diversified nature of software IPR the standard for ascertaining the exact class of software IP is which difficult to determine so this paper to clarify this issue elaborates on the essence and challenges of availing Copyright, Patent, Trade Secrets in the context of protecting the software IPR from infringement and misappropriation in the technology industry.

Research paper thumbnail of A comprehensive look at the "Baseline Delimitation" of Islands Reefs Low tide elevations under International law of the Sea.

"Baseline delimitation" is a complex process of ascertaining maritime zones of a coastal state. A... more "Baseline delimitation" is a complex process of ascertaining maritime zones of a coastal state. As per United Nations Conventions on the Law of the Seas 1982 hereinafter UNCLOS 1982 , baseline can be drawn using "Normal" or "Straight" method and such baselines can be drawn along different marine objects such as along Islands (Art. 121) "Low tide elevations" (Art. 13) , "Oceanic Rocks" , "Reefs"(Art 6) etc. So in this paper i have critically illustrated the key ingredients of those articles & tried to provide a interpretative / comparative analysis of the core essentials of baseline delimitation of Islands, Reefs and Low tide Elevation.

Research paper thumbnail of Critical analysis of numerous practices concerning "Baseline delimitation" under International Law of the Sea with special reference to "Anglo Norwegian Fisheries Case 1951"

The concept of "Baseline" bears special credence in the arena of International law of the Sea. Ba... more The concept of "Baseline" bears special credence in the arena of International law of the Sea. Baselines are considered as the starting point to calculate different maritime zones of coastal states. In this writing i endeavored to explain fundamental aspects of baseline and the relevant UNCLOS 1982 provisions as well as a comprehensive oversight of some baseline related ICJ decisions most importantly the Anglo Norwegian Fisheries Case 1951".

Research paper thumbnail of A comprehensive look at the codification process of the International Law of the Sea .

This article illustrates with brevity the entire codification process of the International law of... more This article illustrates with brevity the entire codification process of the International law of the Sea and it's gradual development. I have exerted to articulate different phases of the development of the sea law starting from the intial 16th Century Hugo Grotius rules which introduced "Mare Liberum" or "Freedom of the Sea" & how this principle of open sea transcended to the adoption of UNCLOS (1,II, & III) and ultimately the LOSC 1982 (Law of the Sea Convention) which is conventionally known as the constitution of sea..

Research paper thumbnail of Fundamental Principles governing the International Law of the Sea.

This paper aims at demonstrating the 3 rudimentary principles (Freedom , Sovereignty , Common her... more This paper aims at demonstrating the 3 rudimentary principles (Freedom , Sovereignty , Common heritage of mankind) which formulates the basic jurisprudential understanding of the International law of the sea.

Research paper thumbnail of What are the remedies available to a Copyright holder in the event of infringement of copyright under “Copyright Act 2000" ??

This article aims at describing the nature of remedies available to a copyright holder under our ... more This article aims at describing the nature of remedies available to a copyright holder under our Copyright Act 2000.

Research paper thumbnail of How a criminal court of Bangladesh can procure appearance of accused person before the trial ?

This paper aims at demonstrating the 3 processes of compelling appearance of an accused before th... more This paper aims at demonstrating the 3 processes of compelling appearance of an accused before the criminal courts of Bangladesh.

Research paper thumbnail of Can coastal states exercise its maritime jurisdiction up to 24 nautical miles from the baseline under UNCLOS 1982 ?

This paper aims at demonstrating under international maritime law standards how far a coastal sta... more This paper aims at demonstrating under international maritime law standards how far a coastal state can exercise it's maritime jurisdiction in the Contiguous maritime zone or CZ which is 24 nautical miles from the baseline of the coastal state.

Research paper thumbnail of How an accused can provide confessional statement?

This paper aims at demonstrating as to how an accused person can provide a "confessional Statemen... more This paper aims at demonstrating as to how an accused person can provide a "confessional Statement" under criminal legal system of Bangladesh.

Research paper thumbnail of Can coastal states under international maritime law exercise it’s jurisdiction over foreign vessels part 1 .docx

The 1st part of this paper aims at enumerating that whether or not under United Nation Conventio... more The 1st part of this paper aims at enumerating that whether or not under United Nation Convention of the Law of the Sea (UNCLOS) 1982 , coastal states can exercise it's jurisdiction over any foreign vessel in transit through it's "internal waters" or "territorial sea".

Research paper thumbnail of The functioning of international law in the continent of Antarctica.docx

This paper aims at exemplifying the legal status of Antarctica and how international law governs ... more This paper aims at exemplifying the legal status of Antarctica and how international law governs the unclaimed territory of Antarctica.

Research paper thumbnail of How an insane person can seek exemption from Criminal act

This paper aims at demonstrating the fundamentals of plea of insanity under section 84 of Penal C... more This paper aims at demonstrating the fundamentals of plea of insanity under section 84 of Penal Code 1860

Research paper thumbnail of Presentation on the " Mischief " Rules of Interpretation

this paper aims at providing brief analysis on the "Mischief" rule of interpretation . I have pro... more this paper aims at providing brief analysis on the "Mischief" rule of interpretation . I have provided leading case laws and included definition , merits , demerits and application of the rule in my said paper