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Bangladesh’s Claim for Reparation from Myanmar due to Rohingya Influx: Options and Challenges

Journal: SocioEconomic Challenges (SEC) (Vol.4, No. 1)

Publication Date:

Authors : ;

Page : 65-74

Keywords : atrocities; internationally wrongful act; jus cogens; reparation; state responsibility;

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The article summarizes the arguments and counterarguments within the scientific debate on the application of the principles and practices of international law to assess the compensation of a State's damage as a result of the illegal acts and / or inaction of another State. The main purpose of the study is to analyze the causes of the crisis against the Rohingya ethnic group and to assess its likely devastating effects on Bangladesh. The systematization of literary sources and approaches to the settlement of international disputes of this kind indicate that in practice there are two approaches that can be used to file and pursue a claim for redress for Myanmar. The urgency of solving this scientific problem is that, as a neighboring country, Bangladesh has faced the need to resolve the issue of refugees from the region and accordingly takes an active part in resolving this protracted conflict caused by Myanmar's actions against the Rohingya ethnic group, the persecuted ethnic minority in the world. According to the Office of the United Nations High Commissioner for Refugees, the unlawful and brutal actions of the Myanmar army have forced more than a million Rohingya refugees to flee their homes and migrate to Bangladesh, causing enormous negative effects on its economy, the environment and the rule of law. The study confirms that, under international law, Bangladesh has the right to sue Myanmar for unfair and cruel oppression of Rohingya rights. During the course of the study, the author has used such sources as periodicals, UN reports and documents from Rohingya human rights organizations. The principles of international law on state liability are used as a methodological tool for assessing Myanmar's liability. The results of the study may be useful for policymakers exploring the strategy of addressing the challenges of Myanmar's compensation claims, as well as for international organizations that are addressing the Rohingya crisis.

Last modified: 2020-04-07 01:21:41