U.S.A - Eugene, Oregon City Ban on Smoking in Public Places

Eugene, Oregon City Ban on Smoking in Public Places[1]

City of Eugene City Code
Chapter 6: Environment and Health

Tobacco Products and Smoking

6.225 Definitions. For the purposes of sections 6.230 to 6.240 of this code, the following words and phrases mean:

Bar. An area that is devoted to the serving of alcoholic beverages for consumption by guests on premises and in which the serving of food is only incidental to the consumption of such beverages.

Business. Any sole proprietorship, partnership, joint venture, corporation, or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where professional services are delivered.

Designated smoking entrance. An area outside an entrance to a publicly owned building that is neither the main public entrance nor the primary employee entrance and which has been designated by the building manager as a smoking area.

Employee. Any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a non-profit entity. This definition includes independent contractors.

Employer. Any person or entity who employs the services of one or more individuals.

Enclosed area. All space between a floor and a ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structure.

Place of employment. Any enclosed area under the control of a public or private employer which employees normally access during the course of employment, including, but not limited to, work areas, employee lounges and rest rooms, conference and class rooms, cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)

Nurul Islam v. Government of Bangladesh, WP 1825 of 1999 (2000.02.07) (Tobacco Advertising Case)[1]

High Court Division
(Special Original Jurisdiction)
Mohammad Fazlul Karim and Md. Abdud Wahhab Miah, JJ
Writ Petition No. 1825 of 1999
with
Writ Petition No. 4521 of 1999
Professor Nurul Islam
............... Petitioners
in W. P. No. 1825/99

Mr. Alhaj Nur Mohammad and others
....... Petitioners
in both the Writ Petitioners
Date of Judgment : The 7th February, 2000
Result : Both the Rule absolute with directions

Judgment

Mohammad Fazlul Karim, J:

1. These two Rules were heard together since both the Rules relate to the same and similar subject matter and are disposed of by this single judgment.

2. In Writ Petition No. 1825 of 1999 Rule Nisi was issued calling upon the respondents to show cause as to why section 3 of the Tamakjato Shamogri Biponon Niontroner Jone Pronito Ain 1988 (ZvgvKRvZ mvgMÖx wecbb wbqš¿‡Yi Rb¨ cÖYxZ AvBb, 1988) should not be enforced properly and as to why the respondents should not be directed to enact law in the light of the Ordinance No. 16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper.

3. In a application under Article 102 of the Constitution of the People’s Republic of Bangladesh, the Petitioner Professor Dr. Nurul Islam, President, ADHUNIK (Aamra Dhumpan Nibaron Kori) and a National Professor of Banglaesh has stated, Inter alia, that at the present moment all the tobacco related companies are advertising their products in different spheres of media such as newspapers, magazines, television, radio, billboards and various kinds of sponsorship of cultural and sports programme. Section 3(1) of Tamakjato Shamogri Biponon Niyontroner Jonno Pronito Ain provided for a statutory warning “smoking is dangerous for health would be printed on packed or canned tobacco based products sold in the market to the easily readable and understood Bengali on a prominent and distinct space of the said container or packer and similarly section 3(2) of the said Act states “No advertisement of tobacco based products shall be published, broadcast or displayed without having the said warning in easily readable and understood Bengali, engraved, written or printed on a prominent part of the advertisement.

Law of Writs in Bangladesh and its Interpretation in the Supreme Court of Bangladesh

Introduction

Law means any Act, Ordinance, Order, Regulation, bye law, notification or other legal instrument and any custom or usage having the force of law. Law is enacted for the benefit of mankind.¹ Law is such a matter where   individual statements or opinion carries no value. A right is an advantage, benefit or interest conferred upon a person by law. A legal right is one which is protected or enforced by law.    A writ is a remedial right for the enforcement of substantive law. Writ means a written document by which one is summoned or required to do or refrain from doing something. ²   As defined by Blackstone,’ writ is a mandatory letter from the king-in-parliament, sealed with his great seal, and directed to the sheriff of the country wherein the injury is committed or supposed so to be, requiring him to command the wrongdoer or party caused either to do justice to the complainant, or else to appear in court and answer the accusation against him”.³   Writ is a very important piece of legal remedies which aims at to provide measure for the infringement of fundamental rights of the people of a country. As a judicial control of the administrative action, constitution provides power upon the

___________________________________________________________________________

¹ Siddiqur Rahman Miah, Law of Writs in Bangladesh (Dhaka: New Warsi Book Corporation, 2007), p.ix.

² Ibid., p.ix.

³ Sharifuddin Pirzada, Fundamental Rights and Constitutional Remedies in Pakistan (Lahore: All Pakistan Legal Decisions, 1966), p. 417.

High Court to issue any writ as required, so that the speedy measure may be taken against the administrative power ultra vires.Historically, writ originated and developed in British legal system. Initially

Fifth & Seventh Amendment of Bangladesh Constitution (pdf download)

Fifth Amendment of Bangladesh Constitution.
Full Judgment
PDF / MSword / HTML

Seventh Amendment of Bangladesh Constitution.
Full Judgment
PDF / MSword / HTML

Laws / Acts of Bangladesh

The Laws of Bangladesh are in Online:

the Abandoned Property (Control, Management and Disposal) Order, 1972. (Bangla/English)
the Academy for Rural Development Ordinance, 1986. (Bangla/English)
the Acquisition and Requisition of Immovable Property Ordinance, 1982. (Bangla/English)
the Acting Judges Act, 1867. (Bangla/English)
the Administrator General's Act, 1913. (Bangla/English)
the Administrative Tribunals Act, 1980. (Bangla/English)
the Aircraft (Removal of Danger to Safety) Ordinance, 1965. (Bangla/English)
the Air Force Act, 1953. (Bangla/English)
the Air Force (Extension of Service) Act, 1952. (Bangla/English)
the Alluvion (Amendment) Act, 1868. (Bangla/English)
the Alluvial Lands Act, 1920. (Bangla/English)
the Anand Marriage Act, 1909. (Bangla/English)
the Army and Air Force Reserves Act, 1950. (Bangla/English)
the Army Act, 1952. (Bangla/English)
the Arms Act, 1878. (Bangla/English)
the Arya Marriage Validation Act, 1937.(Bangla/English)

SWELLING OF INTERNATIONAL LAW BY UNITED NATIONS

Introduction

1.1  Definition

The words “International Law” were used for the first time by Jermy Bentham in 1780. Since then these words have been used to denote the body of rules and principles which regulate the relations among the members of international community. The term ‘members of international community now denote States, International organizations, individuals and certain non- State entities[1]  

      Prof. L. Oppenheim has defined International Law in the following words –“The Law of Nationals or International Law is the name of the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other”. This definition was given by Prof. Oppenheim in 1905.[2] Oppenheim’s definition, which was considered appropriate at one time, is now subjected to severe criticisms:

The Dispute of Maritime Boundary between Bangladesh, India and Myanmar (Admiralty Law)

Introduction

 One of the concepts that underpin the UNCLOS is that the maritime area beyond the national jurisdiction is a "common heritage of mankind." Maltese Ambassador Avid Pardo first articulated this concept in 1967. Malta is a small country in the Mediterranean, and the country felt that the sea-bed and ocean floor under the high seas should be considered "the common heritage of mankind," meaning that no country could own or utilize for its benefit the maritime area beyond its national jurisdiction. By declaring this concept, Malta has emphasized that small countries without great technical expertise for exploration will derive benefits from the exploration and utilization of the sea-bed of international areas.
The concept caught the imagination of most member countries of the UN. And when the UN Conference on the Law of the Sea began, almost all delegates of developing countries incorporated this concept in their policy statements.
       Bangladesh faces the Bay of Bengal, and the importance of its access to the open ocean can be appreciated if one considers the handicaps of landlocked countries, such as Nepal and Afghanistan. Accordingly, from the early years of its birth, it took great initiative and interest to participate in the UN Sea Law Conference.[1] Bangladesh has unfortunately failed to stop India and Myanmar encroaching upon its maritime territory. The seismic survey of Bangladesh’s territorial sea line has now become crucial as a UN set deadline for lodging maritime claims is to expire in next one year exposing Bangladesh to risks of losing a vast territory in the Bay of Bengal. Bangladesh signed by the UN Convention on the Law of the Sea called in 2001 and under the law we are obligated to lodge our claim on the maritime boundary by 2011 .But Bangladesh could not make any major headway in lodging its claims through seismic and other studies despite the fact the country could lose an area in the sea which is larger than the mainland Bangladesh. Experts said, Bangladesh needs to start the seismic survey immediately to claim its legitimate sea territory. Under the convention Bangladesh was required to submit necessary documents to the UN to validate its claim of territorial water, Exclusive Economic Zone up to 200 nautical miles and continental shelf up to 350 nm from the baseline.

Divorce Law in Bangladesh

Dissolution of Muslim Marriage:

On the Judicial Responses to Curb the Arbitrary Exercise of Divorce

Introduction

“With Allah, the most detestable of all things permitted is divorce”

Prophet Mohammed (PBUH)

Marriage is the very foundation of civil society and no part of the laws and institutions of a country can be more vital importance to its subjects than those which regulate the manner and conditions of forming and, if necessary, of dissolving, the marriage contract.[1]  

Firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of the ways of such dissolution is by way of divorce . Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together.[2]

International Law of the Air / Aviation Law / Airline Law

1.1       Introduction

The thousands of year’s human beings have looked to the skies with hope and admiration. The dreams of achieving artificial flight have occupied the imaginations of thinkers and engineers since the days of ancient Greece right up to the time of Leonardo da Vinci. Although these flights of fancy were ultimately futile, in 1903 Wilbur and Orrville Wright finally turned centuries of dreaming into reality when they flew 120 feet in Kitty Hawk, North Carolina on December 17th, 1903.

Aviation law is the branch of international law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and in many cases, aviation law is considered a matter of international law due to the nature of air travel.[1] However, the business aspects of airlines and their regulation also fall under aviation law. In the United States, the Federal Aviation Administration [FAA] governs applied aspects of flight. In the international realm, the International Civil Aviation Organization [ICAO] provides general rules and mediates international concerns to an extent regarding aviation law.

1.2 Determination of Air Space & Aviation Law

Each State exercises complete sovereignty over its territory which comprises of lands, waters, maritime belts, air space, etc.

      According to the old view watch State exercises sovereignty over its complete air space. In the modern times, this view is subjected to criticism and has been criticized by the jurists. There are several views or theories prevalent in this connection.

According to the first view, air space is available for each State and the aircrafts of each State may pass through it without any obstruction. This view has been vehemently criticized because it is contrary to many international treaties. Each state exercises control over its air space and the aircraf6ts of another state can better in its air space only after seeking its prior permission. In accordance with the second view, each state exercises control over its air space up to unlimited height. It is entitled to exercise complete control over it and may not permit the entry of the aircrafts of other states in this area. This view also does not seem to be correct because in view of the rapid scientific and technological developments aircraft can go to a very high attitude. It is not possible for each state to exercise control over unlimited height. Since it is not possible to exercise control over unlimited air space, this view, has lost much of its relevance.

International Court of Justice

International Court of Justice
Cour internationale de justice
Established	1945
Jurisdiction	Worldwide, 193 State Parties
Location	The Hague, Netherlands
Authorized by	UN Charter ICJ Statute
Judge term  length	9 years
Number of positions	15
Website	www.icj-cij.org
President
Currently	Hisashi Owada[1]

Peace Palace, seat of the ICJ

The International Court of Justice (French: Cour internationale de justice; commonly referred to as the World Court or ICJ) is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly. The ICJ should not be confused with the International Criminal Court, which potentially also has global jurisdiction.

Activities

Established in 1945 by the UN Charter, the Court began work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Court of Justice, similar to that of its predecessor, is the main constitutional document constituting and regulating the Court.^[1]The Court's workload covers a wide range of judicial activity. To date, the ICJ has dealt with relatively few cases. However, since the 1980s there has been a clear increase in willingness to use the Court, especially among developing countries. After the court ruled that its covert war against Nicaragua was in violation of international law (Nicaragua v. United States), the United States withdrew from compulsory jurisdiction in 1986. The US now only accepts the court's jurisdiction on a case-by-case basis.[2] Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce World Court rulings. However, such enforcement is subject to the veto power of the five permanent members of the Council. Presently there are twelve cases on the World Court's docket.

Composition

The ICJ is composed of fifteen judges elected to nine year terms by the UN General Assembly and the UN Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration. The election process is set out in Articles 4–12 of the ICJ statute. Judges serve for nine year terms and may be re-elected for up to two further terms. Essentially, this has meant common law, civil law and socialist law (now post-communist law). Since the 1960s four of the five permanent members of the Security Council (France, Russia, the United Kingdom, and the United States) have always had a judge on the Court. The exception was China (the Republic of China until 1971, the People's Republic of China from 1971 onwards), which did not have a judge on the Court from 1967–1985, because it did not put forward a candidate. Judges of the ICJ are not able to hold any other post, nor act as counsel. In practice the Members of the Court have their own interpretation of these rules.