Flag Vessel Protection Law in Bangladesh: A Critical Analysis

Abstract

Bangladesh is a party to the Convention on the Code of Conduct for liner Conference, 1974 and has its municipal legislation, the Bangladesh Flag Vessel Protection Ordinance, 1982, in pursuance of the Convention to protect Bangladeshi Flag vessel. The Ordinance confirms that at least 40 % of the sea-borne cargoes relating to the country's foreign trade have to be carried by Bangladesh flag vessels. This protection was given with a view to protecting newly born Bangladesh Shipping Corporation to sustain at first and then to compete among the global competitors gradually. But the corporation has shown a degradation rather than gradual rising under the legal protection. Moreover, the legal protection has vitiated the concept of equal treatment principle as well as has an adverse impact on country's foreign trade. This paper finds the legal lacuna and suggests for modification of the legislations.