LIJDLR

national security

THE PRINCIPLE OF NONREFOULEMENT AND THE NATIONAL SECURITY DILEMMA: ADDRESSING THE ROHINGYA CRISIS IN BANGLADESH

Volume II Issue IV /

THE PRINCIPLE OF NONREFOULEMENT AND THE NATIONAL SECURITY DILEMMA: ADDRESSING THE ROHINGYA CRISIS IN BANGLADESH Dr. Mafruza Sultana, Mafruza Sultana, PhD, Assistant Professor & Chairman, Department of Law, Uttara University, Bangladesh& Advocate Supreme Court of Bangladesh, LLM& PhD South Asian University, New Delhi, India. Md. Farhan Rashed, Lecturer, Department of Law, Uttara University, Bangladesh& Advocate, District & Session Judges Court Dhaka, Bangladesh, LLB &LLM University of Dhaka. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.48 The Rohingya of Myanmar are one of the world’s most persecuted minority populations, lacking citizenship. Rohingya refugees from the Arakan state of Myanmar have sought refuge in Bangladesh multiple times to escape state-sponsored persecution, with a significant influx occurring in 2017. Although Bangladesh is not a party to the 1951 Refugee Status Convention, it has, on humanitarian grounds, sheltered the refugees and adhered to the principle of non-refoulement. However, this humanitarian consideration has become a burden for Bangladesh, which must balance it with national security concerns. On the one hand, the principle of non-refoulement under customary international law and human rights treaties obliges states to protect refugees. On the other hand, various international instruments, including several United Nations resolutions on the elimination of acts of terror, mandate ensuring that no refugee is involved in acts of terror or any serious criminal activities. This paper will examine the obligations under the principle of non-refoulement and its challenging implications for national security. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 145-162. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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BIOLOGICAL WARFARE AND PUBLIC HEALTH: PREPAREDNESS AND RESPONSE STRATEGIES

Volume II Issue IV /

BIOLOGICAL WARFARE AND PUBLIC HEALTH: PREPAREDNESS AND RESPONSE STRATEGIES Harsh Verma, Student at Galgotias University. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.43 Biological warfare, or the deliberate use of biological agents against enemies, has been a crucial concern for national security and public health. While technological development in biotechnology offers a potential channel through which biological agents can be developed and released in a very dangerous mounting danger of bioterrorism and state-sponsored attacks, this paper discusses the current understanding of how to deal with and respond to biological warfare measures through international collaborations that enable legal frameworks and public health infrastructures necessary to mitigate them. The paper critically analyses the extant biosecurity arrangements, including the Biological Weapons Convention and national laws, such as India’s Epidemic Diseases Act, of 1897. It also pointed out the significant gaps in these laws, more specifically, the lack of enforcement mechanisms and many provisions of the regulations, which seem to be archaic. On the other hand, biotechnology research also faces the dual-use dilemma wherein scientific gains made for defense purposes can turn out to be utilized for offensive purposes, thus posing ethical and security issues. The findings indicate that much ground has been covered on matters of biosecurity, but the current frameworks are not satisfactory for dealing effectively with emerging threats. These set up recommendations, like updating legal frameworks, increasing investment in research and development, and stepping up international cooperation. These factors are very instrumental in ensuring the attainment of a resilient global biosecurity environment responsive to outbreaks that are naturally caused and those originating from deliberate biological attacks. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 47-65. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY

Volume 1 Issue IV /

THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY SAURABH KUMAR, Student, LLM, Criminal Law At Chanakya National Law University, Mithapur , Patna (Bihar). Download Manuscript ABSTRACT The interplay between the coercive power of the state and the principle of democracy presents a nuanced and complex dynamic, particularly in the context of modern democracies like India. This abstract explores the relevance of coercive power in safeguarding national security while upholding democratic values, focusing on India’s intricate socio-political landscape. In India, a diverse and vibrant democracy, the state’s exercise of coercive power often intersects with the imperatives of national security. This abstract delves into the multifaceted relationship between coercive power and national security, analyzing the theoretical justifications, practical implications, and ethical considerations inherent in the Indian context. It examines historical events and contemporary challenges, shedding light on how the state’s coercive measures have shaped India’s security policies and democratic ethos. The abstract emphasizes the delicate balance required to reconcile the state’s security imperatives with the preservation of individual rights and democratic principles. It explores the challenges faced by India in navigating this balance, including the impact of conflicts, insurgencies, and terrorist threats on civil liberties. Additionally, it highlights the role of oversight mechanisms, judicial review, and legislative checks in ensuring accountability and transparency in the exercise of coercive power. Through case studies and analysis, the abstract underscores India’s ongoing efforts to adapt its legal and policy frameworks to address emerging security threats while safeguarding democratic values. It discusses key milestones in India’s history, such as the Emergency in 1975 and the 2008 Mumbai attacks, to illustrate the complexities of balancing security and liberty. Moreover, it explores contemporary issues such as internet shutdowns and data privacy concerns in the digital age, reflecting India’s evolving approach to coercive power in a dynamic socio-political landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 377-394. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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