Public International Law in Bangladesh

by Barrister Tahmidur Rahman | Sep 8, 2026

Disputes & ArbitrationTreaties, States and international forums8 min read

Public International Law in Bangladesh

We advise governments, State entities, international organisations, businesses and NGOs on public international law questions with a Bangladesh connection, including treaty interpretation and implementation, State responsibility, immunities, maritime and boundary issues, sanctions, human rights obligations and proceedings before international courts and tribunals around the world.

Overview

How public international law applies in Bangladesh

Many questions that look commercial or regulatory are shaped by international obligations: a treaty that limits what a government can do, an immunity that blocks a lawsuit, a human rights standard that a lender requires, or a boundary that defines where a project can be built. Our public international law practice helps clients identify the relevant source of law, the parties bound by it and the forums that may hear a dispute. We advise on matters involving Bangladesh and its neighbours, as part of our dispute resolution practice in Bangladesh, alongside our arbitration and regulatory teams.

Bangladesh generally follows a dualist approach. Treaties ratified by Bangladesh bind the State internationally, but they usually need domestic legislation before they create rights enforceable in Bangladeshi courts, although courts may refer to international obligations when interpreting statutes and constitutional rights. The Constitution sets principles for international relations in Article 25 and requires treaties with foreign countries to be submitted to the President and laid before Parliament under Article 145A. Understanding how an international rule reaches domestic law is often the first and most important step in any public international law analysis, especially for a remedy at home.

Bangladesh has significant experience of international dispute settlement. Its maritime boundary with Myanmar was delimited by the International Tribunal for the Law of the Sea in 2012, and its boundary with India by an arbitral tribunal under the UN Convention on the Law of the Sea in 2014. Bangladesh is a party to the Rome Statute of the International Criminal Court and hosts more than a million Rohingya refugees, whose situation has been the subject of international proceedings. These matters show how public international law affects energy exploration, fisheries, shipping, trade and humanitarian work in Bangladesh.

Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub advise on public international law, treaty, investment and State-related questions, drawing on their practice in international arbitration, foreign investment and finance. Adv Syed Wahid, our founding partner, advises on the domestic interface, including constitutional and writ proceedings before the High Court Division. We work with counsel in the UK, US, UAE, China, India and Singapore, and with academic and specialist international lawyers where a matter requires advocacy before an international court or treaty body. The Legal 500 Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.

Public international law questions often arise in practical settings: a project lender's environmental and social standards, a supply chain audit against international labour conventions, a contract with a foreign State entity, or the effect of sanctions on a payment. Bangladesh's planned graduation from least developed country status also raises questions about trade preferences and obligations under World Trade Organization rules. We translate public international law into practical advice that management, boards and officials can use. To discuss a treaty or State-related question, please contact our Dhaka office with a short description of the issue and any deadlines.

01 · What we handle

Core workstreams

  • Treaty interpretation and implementation
  • State responsibility and immunities
  • Investment and economic treaties
  • Maritime, boundary and resources
02 · How it runs

Four clear stages

  1. 01Define the question
  2. 02Map law and forums
  3. 03Advise and engage
  4. 04Litigate if needed
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

What we handle

Workstream 01Disputes & Arbitration

Treaty interpretation and implementation

  • Define the question
  • Map law and forums
  • Advise and engage
  • Litigate if needed
Workstream 02Disputes & Arbitration

State responsibility and immunities

  • Define the question
  • Map law and forums
  • Advise and engage
  • Litigate if needed
Workstream 03Disputes & Arbitration

Investment and economic treaties

  • Define the question
  • Map law and forums
  • Advise and engage
  • Litigate if needed
Workstream 04Disputes & Arbitration

Maritime, boundary and resources

  • Define the question
  • Map law and forums
  • Advise and engage
  • Litigate if needed
Workstream 05Disputes & Arbitration

Human rights and international standards

  • Define the question
  • Map law and forums
  • Advise and engage
  • Litigate if needed
Workstream 06Disputes & Arbitration

International courts and tribunals

  • Define the question
  • Map law and forums
  • Advise and engage
  • Litigate if needed
01

Treaty interpretation and implementation

We analyse bilateral and multilateral treaties affecting Bangladesh, including their authentic texts, reservations, declarations, status and interpretation under the Vienna Convention on the Law of Treaties. We advise on how treaty obligations are implemented through Bangladeshi legislation and administrative practice, and on gaps between international commitments and domestic law that create risk for government bodies, investors or affected communities. Our public international law analysis always starts from the current text.

02

State responsibility and immunities

We advise on whether conduct is attributable to a State, on the consequences of internationally wrongful acts, and on immunity questions involving foreign States, State-owned entities, diplomatic missions and international organisations. These issues often arise when a business wants to sue or enforce against a State-linked counterparty, or when an international organisation's immunities affect a contract or employment dispute in Bangladesh. We assess these public international law questions early.

03

Investment and economic treaties

We advise on bilateral investment treaties, free trade and economic partnership agreements, double tax treaties and World Trade Organization obligations affecting Bangladesh. This includes the relationship between public international law and commercial contracts, the protections available to foreign investors, and the effect of Bangladesh's graduation from least developed country status on preferences, subsidies and market access for exporters and investors. We work with trade specialists where needed.

04

Maritime, boundary and resources

We advise on the legal framework for activities in Bangladesh's maritime zones, including exploration, fisheries, shipping and offshore infrastructure, and on questions arising from international boundary delimitation and transboundary rivers. We consider the UN Convention on the Law of the Sea, bilateral arrangements and domestic maritime legislation, and coordinate with technical experts on charts, coordinates, seabed surveys and environmental data. Public international law and domestic rules must be read together here.

05

Human rights and international standards

We advise businesses, lenders and NGOs on Bangladesh's obligations under human rights treaties and International Labour Organization conventions, and on international standards such as the UN Guiding Principles on Business and Human Rights. Our public international law advice helps clients design due diligence, respond to complaints, address supply chain concerns and assess the domestic legal effect of international commitments on their operations, contracts and public reporting.

06

International courts and tribunals

We advise on access to and procedure before international courts and tribunals, including inter-State proceedings, investment tribunals, United Nations treaty bodies and international criminal processes. We help clients assess whether a forum has jurisdiction, who may bring a claim, what remedies are realistic and how international proceedings interact with domestic litigation, working with specialist advocates where an appearance is required. Many matters are resolved well before any formal filing.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Disputes & Arbitration matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

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01

Can a business rely on an international treaty directly in a Bangladeshi court?

Usually not on its own. Because Bangladesh generally follows a dualist approach, a treaty normally needs to be implemented through domestic legislation before it creates rights that a court will enforce directly. However, Bangladeshi courts have referred to international obligations when interpreting statutes and the fundamental rights in the Constitution, and a treaty may support an argument in a writ petition. Some treaties, such as investment treaties, provide their own public international law enforcement mechanism instead. We assess both the domestic and international routes, so that the client understands which forum can actually give the remedy it needs.

02

How does public international law affect contracts with foreign States or State entities?

It can matter in several ways. The counterparty may claim immunity from suit or from enforcement against its assets, depending on the forum and whether the transaction is commercial. The contract may be affected by treaties between the States concerned, sanctions regimes or international financing conditions. If the State interferes with the contract, an investment treaty may offer protection. We review the counterparty's status, the contract's dispute resolution and waiver of immunity clauses, and the applicable treaties, so that the client knows how disputes would be resolved and whether an award or judgment could realistically be enforced.

03

Can international organisations working in Bangladesh be sued in local courts?

Often they cannot, at least without their consent. International organisations operating in Bangladesh, such as UN agencies and multilateral lenders, typically enjoy immunities under public international law, their founding instruments, headquarters or host country agreements and related legislation. That affects contractors, landlords, suppliers and employees in disputes with them. Many organisations provide alternative dispute resolution mechanisms, such as arbitration clauses in contracts or internal tribunals for staff. We review the applicable immunity arrangements and contract terms, and advise on the realistic routes to resolve a dispute with an international organisation before rights are lost through delay.

04

What does public international law say about the Rohingya situation and humanitarian work?

The situation engages refugee protection principles, international human rights law and international criminal law. Bangladesh hosts a very large refugee population, while the conduct alleged against Myanmar has been raised in proceedings at the International Court of Justice and investigated by the International Criminal Court, of which Bangladesh is a party. For NGOs, donors and contractors working in Cox's Bazar and elsewhere, the practical issues often concern domestic registration, funding approvals, data protection, procurement and duty of care. We advise organisations on these obligations and on how international standards apply to their day-to-day operations in Bangladesh.

05

How are the maritime boundary decisions relevant to offshore projects in the Bay of Bengal?

The 2012 and 2014 decisions on Bangladesh's maritime boundaries with Myanmar and India gave legal certainty over large areas of the Bay of Bengal, which matters for oil and gas exploration, offshore wind, fisheries, cables and shipping. In public international law, rights and duties in the territorial sea, exclusive economic zone and continental shelf differ under the UN Convention on the Law of the Sea, and domestic legislation governs licensing and environmental approvals. We help project developers and lenders understand which rules apply at the proposed site, what approvals are needed and how international obligations affect project design.

06

Do sanctions imposed by other countries affect Bangladeshi businesses and banks?

They can, even though Bangladesh does not apply many foreign sanctions as domestic law. United Nations Security Council sanctions bind Bangladesh as a member State, while unilateral sanctions imposed by the US, EU, UK or others may affect Bangladeshi businesses that deal in those currencies, use banks with exposure to those jurisdictions, or trade with sanctioned persons. Bangladeshi banks often apply foreign sanctions screening for this reason. Combining public international law and compliance analysis, we work with our sanctions colleagues and foreign counsel to assess exposure, structure transactions lawfully and respond to blocked payments or compliance enquiries from correspondent banks.

07

Can the Bangladesh government be held responsible internationally for a regulatory decision?

Potentially, if the decision breaches an international obligation that Bangladesh owes to another State or, under an investment treaty, to a qualifying investor. Under the rules of State responsibility, conduct of government organs, and sometimes of State-owned entities exercising public functions, is attributable to the State. Remedies may include cessation, compensation or other reparation. In practice, private parties usually need a treaty that gives them direct access to arbitration, or must rely on diplomatic protection by their home State. We assess whether any such route exists before advising on strategy, alongside domestic remedies such as a writ petition.

08

Why does public international law matter for exporters facing least developed country graduation?

Bangladesh's planned graduation from least developed country status, for which the government has sought a deferral, affects the trade preferences it receives in major markets and some flexibilities under World Trade Organization agreements, including on intellectual property and subsidies. Exporters and investors need to understand how preferential schemes, rules of origin and transition periods will change, and how bilateral trade agreements under negotiation may replace lost benefits. These are matters of treaty and trade law with direct commercial consequences. We advise exporters, industry bodies and investors on the legal framework and help them plan for changes in their key markets.

How a matter runs

From first call to resolution.

  1. 01

    Define the question

    We identify the international instrument or rule involved, its authentic text and status for Bangladesh and other relevant States, and the precise legal question the client needs answered, separating it from commercial or political aspects of the matter.

  2. 02

    Map law and forums

    We analyse the international obligations, their implementation in Bangladeshi law, and the domestic and international forums that may be available, including any conditions for access, time limits and realistic remedies under public international law and Bangladeshi law.

  3. 03

    Advise and engage

    We provide clear, practical written advice, prepare submissions to government bodies or international organisations, and support negotiations or diplomatic engagement in Bangladesh or abroad where that offers the most effective route for the client's public international law issue.

  4. 04

    Litigate if needed

    Where proceedings are required, we act in Bangladeshi courts and coordinate with specialist advocates before international courts, tribunals or treaty bodies, keeping domestic and international strategies aligned throughout the process and any public international law proceedings.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

What is public international law?
It is the body of law that governs relations between States and international organisations, and in some areas the rights and duties of individuals and companies. Its main sources are treaties, customary international law and general principles of law, with judicial decisions and scholarly writing as subsidiary means of identifying the rules. It covers subjects such as treaties, the sea, human rights, trade, investment, immunities and the use of force. It increasingly affects ordinary business decisions in Bangladesh.
Who decides whether Bangladesh signs and ratifies a treaty?
Treaty-making is an executive function in Bangladesh, carried out by the government. Under Article 145A of the Constitution, treaties with foreign countries must be submitted to the President, who causes them to be laid before Parliament, although some treaties connected with national security may be laid in a closed session. Domestic implementation then depends on legislation or administrative action, depending on the subject matter of the treaty. We advise on public international law consequences of ratification and implementation.
Is customary international law part of Bangladeshi domestic law?
Bangladeshi courts have treated established rules of customary international law as relevant where they do not conflict with domestic legislation, and have referred to them in interpreting statutes and constitutional provisions. The position is not codified, and the weight given to a particular rule depends on the context. We assess how a court is likely to approach a customary rule before relying on it in domestic proceedings. This is a developing area of public international law in Bangladesh.
Do you advise foreign governments, embassies and international organisations?
Yes. We advise foreign States, embassies, State-owned enterprises and international organisations on Bangladeshi law and its interaction with public international law, including host country arrangements, immunities, procurement, employment, property and dispute resolution. We also act as local counsel alongside international law firms, providing Bangladeshi law input and handling proceedings in Bangladesh where required, subject to conflict checks and confidentiality. We can also prepare concise written briefing notes for missions, headquarters and legal departments abroad.
Can individuals bring claims under international human rights treaties?
Individuals cannot usually sue directly on a human rights treaty in Bangladeshi courts unless it has been incorporated, but international standards can inform constitutional fundamental rights cases. Access to UN treaty body complaint procedures depends on whether Bangladesh has accepted them for the treaty concerned. We advise on the realistic routes, including writ petitions, national human rights mechanisms and engagement with international bodies, for each matter. International mechanisms can take years, so domestic remedies usually come first.
How does public international law affect project finance in Bangladesh?
Multilateral lenders and export credit agencies often require compliance with international environmental, social and human rights standards, and some financing is governed by treaties or agreements with international organisations that carry immunities. Treaties on investment, tax and trade can also affect structuring. We help sponsors and lenders understand how these international elements interact with Bangladeshi law, permits and contracts throughout the life of a project. Early legal review avoids conflict between lender standards and local permits.
What is the role of the International Crimes Tribunal in Bangladesh?
The International Crimes Tribunal in Bangladesh is a domestic court established under the International Crimes (Tribunals) Act 1973 to try genocide, crimes against humanity, war crimes and other international crimes. The Act was amended in 2025. Its proceedings raise questions of international criminal law, fair trial standards and the relationship with international institutions, on which we can provide analysis for clients and observers. Public international law standards are often cited in debates about its procedure.
How quickly can you advise on a public international law question?
A focused question, such as the status of a treaty or whether an organisation enjoys immunity, can often be answered within days, once we have the relevant documents and facts. Complex matters involving several treaties, forums or States take longer, and may require input from specialist international counsel. We agree a scope and timetable at the outset and highlight any points that need urgent attention, such as limitation periods or filing deadlines, so nothing is missed while the analysis proceeds.

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