Training Course: Cyber Law / Information and Communication ...

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5 Νοε 2013 (πριν από 3 χρόνια και 7 μήνες)

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1



Training Course: Cyber Law / Information and
Communication Technology

[ICT] Law

Objectives:


The objectives of the course include

as follows:



To give fundamental knowledge on Cyber
/
ICT

Law and Cyber Space




To explain the dynamics and areas of the Cybe
r
Crime and Law



To enhance the understanding of practi
cal problem



To give knowledge on the concept of digital evidence,
c
ollection of
d
igital
e
vidence and
c
yber
f
orensic
a
nalysis



To
enhance knowledge and capacity on dealing
i
ntellectual
p
roperty issues in
c
yberspace

Session

Main Topics

Sub Topics

Session
-


1

Introduction



Meaning of Cyber Space



Concept

of Cyber Law



Nature and Scope of Cyber Law



Technical Terminology often involve in Cyber law



Computer, computer programs and web technology.



Overview of
cyber law.

Session
-
2

Jurisdiction Issue in Cyberspace



Principle of Jurisdiction



Extra territorial Jurisdiction and Cyberspace

Session
-
3

Digital Records and Signatures



E
-
commerce



Meaning of Digital Records



Legal recognition of Digital Records



Digital
Signatures and its effect



Regulation of Digital Signature

o

Certification Authority

o

Controller of Certification Authority




Online/Electronic Contracts

o

Recognition

o

Remedy

Session
-
4

Cyber Crime



Meaning and Nature



Types of Cyber crime



Role of Computer and
Computer Networks



Offence and Punishment under Electronic Transaction
Act, 2006



Major cases on cyber law decided by Supreme Court.


Session
-
5

Cyber Forensic and its
Importance



Meaning and Nature of Cyber Forensic/Digital
Evidence



Collection and Analysis of Cyber Forensic



Importance of Cyber Forensic

Session
-
6

Intellectual Property in
Cyberspace



Scope of IP in Cyberspace



Digital Copyrights



Domain Name System/Trade Mark Law



Semiconductor Layout & Design

Session
-
7

Practical

Observation of computer tools and parts


2

Session
-
8

Practical

Identifying the role of Computer, functioning of
Internet and Digital Signature

Session
-
9

Practical

: Identifying the Digital Evidence, Preparation for Collection,
Analysis Process.

References

Books:

1.

Alex Samual and AK Upadhyay, Investigation of Cyber Crimes, Dwivedi and Company Allahbad,
2011

2.

SK Verma and Raman Mittal [Edt.], Legal Dimensions of Cyber Space, Indian Law Institute, New
Delhi, 2004

3.

Stephen Mason [Edt.], ElectronicEvidence, Lexis

Nexis Butterworths, UK, Second Edition, 2010

Journals:

1.

Babu Ram Aryal, Cyber Jurisprudence: New area of Study, Nyayadoot, Nepal Bar Association,
Jeth
-
Asar, 2069,

2.

………., Domain name system: Trademark in Cyberspace, Business Law Journal, Commercial Law
Society, 2010

Acts and Regulations

1.

Electronic Transaction Act, 2006

2.

Copyright Act, 2000

3.

Telecommunication Act, 1997




3

Training Course: Domestic Violence Law

Objectives


The objectives of the course include as follows:





To introduce the basic concepts of D
omestic Violence in order to create a framework for
continuing legal education of lawyers.



To understand Domestic Violence as a concerns of the state.



To discuss and analyze recent trends and developments in Domestic Violence.



To get familiar with Internat
ional human rights instrument as well as the national laws and
policies in relation to Domestic Violence.



To get familiar with legal proceeding of Domestic Violence and practical exercise.

Session

Main Topics

Sub Topics

Session
-


1

Domestic Violence : Concept
Definition



Conceptual Definition of Domestic violence



Historical Development and recent trends



Conceptual clarification of
Domestic violence



Causes of
Domestic violence


Session
-
2

Domestic Violence: nature,
classification and impacts



Nature of Domestic Violence



Classification of Domestic violence



Impact of
Domestic violence

Session
-
3

Domestic Violence, Human rights
and international Instruments.



Link between Domestic Violence and

human rights



Key international instrument related to Domestic Violence

Session
-
4

National Policy and legal
Environment on Domestic Violence



Prevailing policies regarding Domestic Violence.



Prevailing laws regarding Domestic Violence.



Domestic Violence Ac
t



Rational & Justification behind criminalization of Domestic
violence

Session
-
5

Court Decisions



Sapana Pradhan Malla vs Council of Minister, SCB Special
issue Magh, 2064 ( Mid Jan, 2008)



Meera Dhungan of behalf of FWLD vs. GoN, Publication of
decisions
relating to human rights, 2059 BS (19 AD),
Special Issues, Supreme Court, p.129.



Reshma Thapa vs HMG, NKP 2062 Vol2 Pg 205 Dec. No.
7498, decision date 2004/08/10



Jyoti Poudel (WOREC) Vs Government of Nepal, Writ No.
042 4, NKP 2066 (2010 AD), Vol. 12, De
cision No. 8282.

Session
-
6

Mechanism under Domestic
Violence Law



Complain Filing Mechanism under DV Act



different procedure of filing Complain/FIR/ Case



Fine/ Punishment/ Compensation

Session
-
7

Role of lawyers to support survivor
of DV



various provision : in
-
camera hearing, interim relief,
protection, fast track hearing, referral system including
psychosocial counseling

Session
-
8

Role of lawyers to support survivor
of DV



Mediation on case of Domestic Violence Law



Tips for lawyers
while sitting for mediation.

Session
-
9

Role Play (Practical Sessions: )

How to handle client ( Survivor of
Domestic Violence )



Role play by 3/4 participants



observers/ legal aid lawyers/ judges/survivor/
perpetrator etc.


4

References

Constitution:



The
Interim Constitution of Nepal, 2063 B.S. (2007 A.D.)

Statutes
:



The Country Code, 1963 A.D.



The Defamation and Libel Act, 2016 B.S. (1959 A.D.)



The Gender Equality Act, 2063 B.S. (2006 A.D.)



The Social Practice (Reform) Act, 2033 B.S. (1976 A.D.)



The Some
Public (Offences and Punishment) Act, 2027 B.S. (1970 A.D.)



The Domestic Violence (Crime and Punishment) Act, 2066 B.S. (2009 A.D.)

Conventions/ Treaties/ Declarations :



Universal Declaration of Human Rights, 1948.



Convention on the Elimination of All Form

of Discrimination against Women, (CEDAW) 1979. and its
General Recommendation No. 19



International Covenant on Economic, Social and Cultural Rights, 1966.



International Covenant on Civil and Political Rights, 1966.



SAARC Convention on Preventing and Comba
ting Trafficking of Women and Children of Prostitution,
2002.


Books:



Pradhanangha, Prof. (Dr.) Rajit Bhakta (2001),
Homicide Law in Nepal: Concept, History and Judicial
Practice,

Ratna Pustak Bhandar: Kathmandu.



Shenoy, M. (2007),
Domestic Violence
, Aavis
kar Publishers, Jaipur: India.



South Asia Regional Initiative/ Equality Support Program (SARI) (2006),
Landmark Judgments on
Violence against Women and Children from South Asia, South Asia Regional Initiative,

Kathmandu:
Nepal.



Jaising, Indira (2001),
Law
of Domestic Violence
, Universal Law Publishing Co. Pvt. Ltd.; Delhi: India.



Women’s Right Initiative, (2000),
Domestic Violence and Law Rapport of Colloquium on Justice for
women Empowerment Through Law, Lawyers Collection
, Butterworth, New Delhi: India.



S
en, Priya Nath, (1984),
General Principles of Hindu Jurisprudence
, Allahabad Law Agency, Allahabad:
India.



Pradhangha, prof. (Dr.) Rajit Bhakta and Advocate Purna Shrestha, (2004
),
Domestic Violence Against
Women: Concept, History and Existing Laws
,

Annual

Survey of Nepalese Law, Nepal Bar Council,
Kathmandu, Nepal.



Nepal Kanoon Patrika, Different volume, Supreme Court of Nepal, Kathmandu.



Nepal Law Review, Different volume, T.U. Institute of Law, Nepal Law Campus, Kathmandu, Nepal.



A situational Analysis o
f violence against Women and girls in Nepal
, (1997), SAATHI in collaboration
with the Asia Foundation, Kathmadu, Nepal.






5

Training Course:
Energy
,

Electricity and Gas

Law

Objectives:


The objectives of the course include

as follows:



To get, update and
enhance knowledge about Energy Law of Nepal



To

apply skill
for case analysis


Session

Main Topics

Sub Topics

Session
-


1

Introduction



Definition of energy



Type of Energy (Traditi
onal, Commercial and
Renewable)



Source of energy (Water, Solar, Gas, Wind,
Atomic,
Nuclear and others)

Session
-
2

Energy Law



Introduction



Concept



Fundamentals of Energy Law of Nepal

Session
-
3

Energy Related Policy, Strategy and
Plan



Hydropower Development Policy, 1992; and 2001



Rural Energy Policy, 2006



National Water Plan,
2005



Water Resources strategy, 2002



Forest Sector Policy, 1997



National Electricity Crisis Resolution Action Plan, 2008



Power Crisis Mitigation Plan, 2008



National Energy Strategy (draft).2010


Session
-
4

Energy related legislation


Act:



Water Resources Act, 2049; Electricity Act, 2049;
Electricity Leakages Control Act,2058; Nepal Electricity
Authority Act,2041; Nepal Petroleum Act,2040;



Other related Act:

Forest Act, Industrial Enterprises
Act, Foreign Investment and Technology Transfer Act,
Environment Protection Act, Soil and water
conservation Act, Land Acquisition Act, Local Self
Governance Act, National Parks and Wildlife
Conservation Act,

New propose
d Bill:



Electricity Bill, 2065



Nepal Electricity regulatory commission Bill, 2065

Session
-
5

Procedure,


Directives and
Guidelines



Rule

Electricity Regulation,

2050; Water resources
Regulation,2050; Community Electrification
Regulation,2060; Electricity
Tariff Rate Determination
Regulation,2050,NEA Electricity Leakages Control
Regulation,2050; Environment Protection
Regulation,1997;Forestry Regulation 1995;Local Self
Governance Rule




Procedure,Directives and Guidelines


6

License Management Procedure of Hydr
opower,
2068;National Environment Impact Assessment
Guidelines, 1997; Forest Product, Sales and Distribution
Guidelines; Procedure for PDA (Power Development
Agreement), and PPA (Power Purchase Agreement)

Session
-
6

Comparative study of energy Law;
Recent
Development and
international trends:



Comparative study



Recent Development



International trends

Session
-
7

Law enforcement agency of Energy
law

Commissions:

1. National planning Commission

2. Water and Energy Commission

Ministry:

a) Ministry of Energy



Secretariat of Commission for water and energy



Alternative Energy Promotion Center



Department of Electricity Development



Nepal Electricity Authority



Hydropower Investment &Management Company


b) Ministry of commerce and Supply



Nepal Oil Corporation


c)

Ministry of Environment


d) Ministry of Forests and Soil conservation



Timber Corporation of Nepal


e) Ministry of Agriculture



f) Ministry of Industry

Session
-
8

Energy related court cases



Case analysis references with national and
International

court case



Table of cases and Decision

Session
-
9

Role of Lawyer and Judicial bodies in
energy law



Role of Lawyer



Judicial bodies

References

1.

James Rasband
et. al

, Natural Resources Law and Policies, Foundation Press (2009)




7

Training Course:
Environmental Law

Objectives:


The objectives of the course
include

as follows:



To give knowledge

on

concept and principle of Environmental law



To
update knowledge of
international environmental law



To update knowledg
e of Nepalese environmental law



To
familiarize

with judicial approach

Session

Main Topics

Sub Topics

Session
-


1

Environment and environmental
law



a.

Background and concept


Type, Sector and approach of environment


Type:

Natural and man made, Biotic and abiotic


Sectors of Environment:

I.

Green Sector

II.

Brown Sector

III.

Blue Sector

IV.

Cultural Sector


Conservation Approach

I.

Eco
-
centric

II.

Anthropocentric


b.

Principles of Environment Protection

-

Sustainable Development

-

Intergenerational Equity

-

Intra
-
generational Equity

-

Principle of Wise Use/Equitable Use

-

Principle of Integration

-

Precautionary Principles

-

Public Trust Doctrine

-

Polluter Pays Principle

-

Common Concern and Common Heritage

-

Common but differentiated responsibilities

-

Other

-

Environmental Justice


c.

Environment Protection and Law

d.

Problems, Issues and
Challenges

e.

Role of Lawyers and Judiciary

f.

Conclusion

g.

Constitution, Environment Protection Act and
Regulations

Constitutional Provisions

Background and Preamble of the Act

Definition

Major Tools:


i. Environmental Standards


ii. Initial Environmental
Exam
ination/Environmental Impact Assessment


8


iii. Environmental Inspector


Other Provisions

a.

Environment Protection Council

b.

Environment Protection Fund

c.

Environmental Lab

d.

Expert Committees

e.

Pollution Control Certificate

f.

Compensation and punishment

g.

Institutional

mechanism

National issues and challenges

Role of the Lawyers and Judiciary

Session
-
2

Climate Change Law and
Environmental
Pollution



Introduction



Concept



Current Situation/status



Plans and policies on climate change



Action plans
-

NAPA and LAPA



Regulatory

Mechanism



Laws



National laws



International laws



Case study (list of cases and their decisions)



Problems and Challenges



Role of Judiciary and lawyers



Recommendations



Environmental Pollution Control Laws

Session
-
3

Solid Waste Management Act
and
Regulations


Background

Preamble and Definition

Major provisions


Institutional Arrangement


Penal Provision

Problems, issues and challenges

Role of Lawyers and Judiciary


Session
-
4

Forest Act and Soil and
Watershed Conservation Act


Part 1

Background

Preamble and Definition

Major provisions


Institutional Arrangement


Penal Provision

Problems, issues and challenges

Role of Lawyers and Judiciary


Part 2

Background

Preamble and Definition

Major provisions


Institutional Arrangement


9


Penal Provision

Probl
ems, issues and challenges

Role of Lawyers and Judiciary

Session
-
5

National Parks and Wildlife
Conservation Act and Plant
Protection Act


Part 1

Background

Preamble and Definition

Major provisions


Institutional Arrangement


Penal Provision

Problems,
issues and challenges

Role of Lawyers and Judiciary

Part 2

Background

Preamble and Definition

Major provisions


Institutional Arrangement


Penal Provision

Problems, issues and challenges

Role of Lawyers and Judiciary

Session
-
6

Water Resources Act, Aquatic

Life Protection Act and
Pesticides Act


Part 1

Background

Preamble and Definition

Major provisions


Institutional Arrangement


Penal Provision

Problems, issues and challenges

Role of Lawyers and Judiciary

Part 2

Background

Preamble and Definition

Major
provisions


Institutional Arrangement


Penal Provision

Problems, issues and challenges

Role of Lawyers and Judiciary


Part 3

Background

Preamble and Definition

Major provisions


Institutional Arrangement


Penal Provision

Problems, issues and challenges

Rol
e of Lawyers and Judiciary

Session
-
7

Mines and Minerals Act,
Petroleum Act, Industrial
Enterprises Act, Local Self
Governance Act,

Background

Preamble and Definition

Major provisions


Institutional Arrangement


10



Penal Provision

Problems, issues and
challenges

Role of Lawyers and Judiciary

Session
-
8

International Law on
Environment

Evolution

Principles

Domestication Processes


Conferences



United Nations Conference on Human Environment
1972 (Stockholm),



United Nations Conference on the Human
Environment and The Club of Rome’s limits of Growth
both held in 1972;



World Climate Conference of 1979



The World Conservation Strategy of 1980



The Brandt Report


Common Crisis North
-
South of
1980



The Brundtland, World Commission on Environment
and Develo
pment Report, 1987



United Nation’s Conference on the Environment and
Development
-

Rio de Jenerio of 1992,



World Summit on Sustainable Development UNCED +
10 of 2002



World Summit on Sustainable Development UNCED
Rio + 20 of 2012



Climate Change Summit, Copen
hagen 2009.


Multilateral Environmental Agreements and
Multilateral Trading Agreements (MEAs and MTAs):

o

Ramsar Convention, 1972,

o

Convention on Protection of Cultural and Natural
Heritage, 1972,

o

CITES, 1973,

o

Vienna Convention on Ozone Layer Depletion,

o

Montreal Protocol (1987) and subsequent
amendments,

o

Trans
-
boundary Movements of Hazardous Wastes
(1989),

o

Agenda 21, 1992

o

UN Framework Convention on Climate Change
(UNFCCC)


o

Kyoto Protocol (1997),

o

Convention on Biological Diversity, 1992 and Bio
-
safety Pr
otocol 2000,

o

UN Convention on Combating Desertification,
1994

o

POPs Convention


11

o

UNCED

o

WTO

o

International Treaty on Plant Genetic Resources
for Food and Agriculture

o

Other



Problems, issues and challenges



Role of the Lawyers and Judiciary

Session
-
9

Litigation

on Environment


Introduction and concept

Evolution

National Scenario and cases



Rasheshyam Adhikary Vs. Council of Ministers and others
(locus standi)



Gopal Shiwakoti Chintan Vs. Council of Ministers and
others (Arun 3)



Surya Dhungel Vs. Godavari Marbles Pvt. Ltd. and others



Yogi Narahari Nath Vs. International College of Medical
Sciences



Surendra Bhandari and others Vs. Shree Distillery Company



Prakash Mani Sharma Vs. Prime Minister and others (type
approval and
Conformity of Production

COP)



Narayan Belbase Vs. Council of Ministers (Import of Diesel
Taxi from India)



Bhoj Raj Ayer Vs. Ministry of Population and Environment
(Pollution Standards)



Bharat Mani Gautam Vs. Council of Ministers and others
(Solid waste di
sposal at the bank of Bagmati)



Bhoj Raj Ayer Vs. Ministry of Population and Environment
(Water Quality Standards)



Prakash Mani Sharma Vs. Prime Minister and others
(appointment of Environmental Inspectors)



Lok Bikram Thapa Vs. Council of Ministers and oth
ers
(Balkhu open space)



Prakash Mani Sharma Vs. Ministry of Industry, Commerce
and Supplies (Brick factories of Bhaktapur)



Prakash Mani Sharma Vs. Kathmandu Metropolis (Rani
Pokhari)



Raju Chapagain and others Vs. Bhrikuti Pulp and Papers
Ltd.



Prakash Mani
Sharma Vs. Lalitpur Stone Crusher Pvt.
Balkhu (Stone Crusher)




Narayan Devkota Vs. Council of Ministers (Extraction of
riverbed materials and export to India)



Chandeshwori Karmacharya and other Vs. Ashok KC, and
other (land use and environment
-

NKP 2068 C
haita No. 12,
p. 2005)



Other



12

International cases

Gavcikovo
-
nagymoras, 1997

Trial Smelter Case,

(pls add other cases as you think essential)

Problems, Issues and Challenges

Role of Lawyers and Judiciary

References

1.

Belbase, Narayan The implementation of
International Environmental Law in Nepal IUCN
-

The
World Conversation Union Kathmandu Nepal, 1997

2.

Belbase, Narayan (ed.) Environmental Law in India New Delhi, butterworths; 1999

3.

Leelakrishnan P., Environmental Law in India New Delhi; Butterworth: 1999

4.

Jam
es Rasband
et. al

, Natural Resources Law and Policies, Foundation Press (2009)




13

Training Course:
Federal Legal Structure and Federalism

Objectives


The objectives of the course include as follows:



To give knowledge of federal legal structure and
federalism



To enhance knowledge on federal system, public prosecutor and lawyers



To update with the decisions of Courts

Session

Main Topics

Sub Topics

Session
-


1

Introduction



Introduction of federal system



Concept of federal system



Fundamental
principles of federalism



Advantages and disadvantages of federal system



Mandates for federalism in Nepal



Viability of ethnic federalization in Nepal



Proposed Model of federal state by Re
-
structuring
Committee of Constituent Assembly of Nepal

Session
-
2

Power Distribution Policies By state
organs



Legislative Power



Executive Power



Judicial Power

Session
-
3

Power Distribution

Policies By
State Structures



Federal government



Province



Local government

Session
-
4

Comparative Studies on Federal
System



Recent
development of federal system



International trends on federal system especially in
South
Africa,USA,Canada,India,Belgium,Spain,Nigeria,Germa
n,Austria,Australia,Russia, Ethopia,Mexico,Brazil
,Malaysia, United Arab
Emirates,Pakistan,Argentina,Bosnia and
Herz
egovina,Comoros,Saint Kitts and Nevis, Republic
of Palau, Papuwa New Guinea and Switzerland

Session
-
5

Federal Judiciary and

Public
Prosecutors



Federal Judiciary



Federal Public Prosecutors

Session
-
6

Federal Lawyers



Federal structure of Lawyers



Lawyers
Role

Session
-
7

Case Analyses and Skill of Lawyers



Case Analyses



Skills of applying in solving the cases

Session
-
8

Cases and Decisions of Federal
court



Table of Cases



Decisions by federal court

Session
-
9

Constitutional Court



Introduction of
Constitutional Court



Recent trend and development of Constitutional
court



Possibility of Constitutional Court in Nepal

References

Anderson, George.2008.Federalism: An Introduction. New York: Oxford University Press.

Bista, Dor Bahadur.1996.People of
Nepal. Kathmandu: Ratna Pustak Bhandar.


14

Department Of Sociology and Anthropology Patan Campus.2011.Contemporary Journal of Sociology and
Anthropology, Volume 1SSN:2091
-
1181.

Forum of Federation.2006.A Global Dialogue on Federalism, Volume 1
-
6.London: McGil
l
-
Queen's
University Press.

Gyawali, Chandra Kanta and Prakash A.Raj.2010.Federalism in the World: First Edition. Lalitpur:
Janasewa Press.

Gyawali, Chandra Kanta. 2007. Federal System of Government and Restructuring of the State, First
Edition: Kathmandu:

Janasewa Press.

Lawyers Club Kathmandu. 2012. Contemporary Law Journal, Volume 1: United Graphic Printers.

Rimal, Gaurinath.2009.Nepal's Infused Ethnicities. Kathmandu.

Where, K.C.1963. Federal Government: Fourth Edition. London New York Toronto: Oxford U
niversity
Press.




15

Training Course:
Foreign Investment and Technology Transfer Law

Objectives


The objectives of the course
include

as follows:



To give knowledge o
n

concept
of foreign investment
and

technology transfer



To update knowledge

on standard
of

treatment in foreign investment



To

enhance
knowledge o
n
b
ilateral and
m
ultilateral
i
nstrument of
f
oreign
i
nvestment



To
guarantee foreign investment protection under Nepalese legal r
egime:

Session

Main Topics

Sub Topics

Session
-


1

Introduction to Foreign

Investment



Meaning and definition of Foregin Investment and
technology transfer



Types of foreign investment: (FDI, FII, Port Folio
Investment)



Need and opportunities of foreign investment and
technology Transfer

Session
-
2

History of foreign investment
and investment laws

a.

International History:

i.

The Colonial period

ii.

The post colonial period

b.

Nepalese history:

i.

Recognition of foreign investment under
several Plans

ii.

Promulgation of Foreign Invetment law

iii.

Accession to the international laws on foreign
investment

Session
-
3

Risks and Opportunities to the
Foreign Investors in foreign
Investment



Risk of Foreign Investment



Opportunities of foreign investment

Session
-
4

Risks of foreign investment in
Nepal and Control Mechanism



Potential risks of inviting foreign
investment



Control Mechanism of foreign investment

Session
-
5

S
tandard of Treatment in the
Foreign Investment



National standard treatment



Fair and equitable standard



Most favoured nation treatment



Full protection and security



Repatriation



Nationalisation
and Compensation



Protection of commitments



Dispute resolution

Session
-
6

Bilateral and Multilateral
Instrument of Foreign
Investment



Treaties of Friendship, Commerce and Navigation



BIlateral Investment treaties and its features



Multilateral Instruments of
foreign investment

Session
-
7

WTO and Foreign Investment



Definition of Foreign Investment and foreign investor



Investment in Urguay Round/GATS/TRIPS



Treatment standard



Most favoured nation treatment



Expropriation



Dispute Settlement

Session
-
8

Gurantees of foreign investment


100% investment


16

Protection under Nepalese Legal
Regime:



Protection against nationalisation



Equal treatment



No expropriation



Repatriation



Consessions



Visa facility



Dispute Settlement

Session
-
9

Procedure of Foreign
Investment

and Technology
transfer and Lawyers Role



Pre Investment Procedure



Post Investment Procedure



Role of Lawyers in foreign investment

References

1.

Thomas Brewer (ed), Political risks in International Business, 1985

2.

Ellings, R.J.
‘ Private Property and
National security’ (1991)

3.

Dunn, F.S. ‘
The protection of foreign nationals’ (1932)

4.

Amy Chua,
the Paradox of free market Democracy: rethinking development Policy’

(2000) 41
Harvard International Law journal 287.

5.

Amy Chua,
Markets, Democracy and Ethnicity:
Toward a new Paradigm for law and
Development’

(1998) 108 Yale law journal 1.

6.

Amy Chua,
The Privatisation
-

Nationalisation Cycle: the Link Between markets and ethnicity in
Developing Countries’

(1995) 95 Columbia Law review 223.

7.

G. Schwarzenberger,

Inter
national law and Foreign Investment (1972)

8.

J Brierly ,
Law of Nations’
(5
th

ed. 1963), 276

9.

CF Amerasinghe,
State responsibility for Injuries to Aliens’ (1964)

10.

R. P,. Waite and M.R. Goldberg,

national Security Review of Foreign Investment in the United
States

(1991) 3 Florida JIL 191.

11.

D Flint,

Foreign Investment in Australia

1986

12.

Wagner J Martin, ‘
International Investment, Expropriation and Environmental Protection’

(1999)
29 Golden Gate University law Review 465.

13.

Penrose, E, ‘

Nationalisation of Foreign Owned Property for Public Purpose: An Economic
Perspectiv on Appropriate Compensation’

(1992) 55 MLR 351

14.

Reich ‘
Roads to Follow: regulating Direct Foreign Investme
nt’ (1989) 43 Int Org 543

15.

M Sornarajah, ‘
Laws of International Joint Ventures, 1992

16.

WTO and Related Agreements

17.

Procedural Manual of Foreign Investmenti n Nepal published by Ministry fo Industry

18.

Nepal and WTO, Published by Ministry of Trade and Commerce

19.

FIT
TA 1992

20.

Industrial enterprises Act 1994

21.

Companies Act 2006

22.

Immigration Act

23.

Tax Laws

24.

Arbitration Act

25.

M Sornarajah,

Settlement of Foreign Investment Dispute, 2000





17

Training Course: Human Rights and Humanitarian Law


Objectives

The objectives of the cours
e include as follows:



To

broaden

understanding of trends in
human rights and
humanitarian
law



To enhance knowledge
of transitional justice



To update

the practices of impunity in the context of Nepal

Session

Main Topics

Sub Topics

Session
-


1

Defining
Features of
International Human Rights &
International Human Rights’
䍯T敳



Civil and Political Rights and their enforcement.



Economic, Social and Cultural Rights and their
enforcement



Community's Rights: Indigenous Peoples and the Right
to
Self
-
Determination, Third Generation Rights.



Human Rights in the 21
st

Century: Protection beyond
Borders.

Session
-
2

International

(Universal)

Human
Rights Enforcement Mechanisms



Under the United Nations System:


-

United Nations Human Rights System (Charter
-
based).


-

Other Human Rights (Treaty
-
based).


-

Other Human Rights Agencies within the UN.

Session
-
3

Regional Mechanisms for
Protecting and Promoting
Human Rights



Council of Europe an
d the European Convention on
Human Rights.



Inter
-
American and African Systems.



Non
-
Governmental Organizations and Civil Society,
including Lawyers and the Media.

Session
-
4

The Paradigm of Legal
Implementation at National
Level: the Context of Nepal

The
Obligation on the State to Respect, Protect, Facilitate and
Fulfil Human Rights:


-

Enactment in abstract terms in a constitution or bill of
rights.


-

Enactment in more specific terms in statutes that become
part of the day
-
to
-
day law of the realm.


-

Human Rights as minimal standards for Government and
for the process of Institution Building.

(ii)

Human Rights Situation in Nepal, Commitment and
Enforcement Mechanisms.

(iii)

Other Actors in Promoting and Consolidating Human
Rights:


-

Judicial, Executive and Legislative Protection.


-

National Human Rights Commission.


-

C i v i l S o c i e t y i n c l u d i n g L a wy e r s a n d t h e Me d i a, H u ma n
R i g h t s N G O s, a n d o t h e r G r o u p s.

S e s s i o n
-
5

I n t e r n a t i o n a l H u ma n i t a r i a n L a w



De v e l o p me n t o f Hu ma n i t a r i a
n L a w a s I n t e r n a t i o n a l L a w
a n d i t s I n t e r r e l a t i o n s h i p wi t h Hu ma n Ri g h t s L a w



I n t e r n a t i o n a l L e g a l F o u n d a t i o n s


-

Hague Conventions of 1899 and their Successor of
1907.


-

The Four Geneva Conventions of 1949 and the
Additional Protocols of 1977.


18


-

Customary International Humanitarian Law Applicable
to Internal Armed Conflict.


-

Scope of Crimes against Humanity, Genocide, War
Crimes, etc.

Session
-
6

No Escape for Human Rights
Abuses: Case Analysis



International Criminal Tribunal for Former Y
ugoslavia
(Prosecutor vs. Dusko Tadic and Prosecutor vs. Ratko
Maladic
).



The Special Court of Sierra Leone (
Prosecutor vs. Charles
Ghankay Taylor
).



The International War Crimes Tribunal for Rwanda.

Session
-
7

A
pplication of Humanitarian
Laws in Nepal




Human Rights Violation situations

and the Application
of Humanitarian Laws.



Civil War & Rights Violations: Possible Trials for Crimes
against Humanity, Genocide, etc.

Session
-
8

Culture of Impunity, Transitional
Justice and Human Rights Law



Basic Features
and Dynamic of the Statute of the
International Criminal Court 1998.

-

Bringing Perpetrators of Human Rights Violation to
Justice.

-

Justice and Deterrence: Justice vs. Peace.



-

Victims Right to Justice and Redress.

Session
-
9

Culture of Impunity:
International Practices and
Nepalese Context



South African Practice: Truth and Reconciliation
Commission.



Peruvian Practice: Truth and Reconciliation
Commission.



Chilean Practice: National Truth and Reconciliation
Commission.



Proposed Truth Commission:
Failure to Investigate and
Punish the Wrongdoers.



Establishing Links between the TRC and the State’s
Obligation to Investigate, Prosecute and Punish
Perpetrators.



Role of Judiciary and Criminal Law.



International Criminal Court and Possible Trial of
Perpet
rators

References

Askin, D. Kelly, (2003) The ICTY at Ten: A Critical Assessment of the Major Rulings of the International
Criminal Tribunal over the Past Decade,
New England Law Review
, Vol. 37, Pp. 903
-
14.

Basnet, G., (2012) In Search of Common Ground:
Reconciling Universalism and Cultural Relativism in
Human Rights,
Contemporary Law Journal
, Vol. 1, No. 1, Pp. 268
-
76.

Basnet, Gyan (2012) Human Rights Commission, Politics and Rights Abuses. (Part I, II and III)
Nepalnews.com
.

Basnet, Gyan, (2008)
The
Crisis for Civil Liberties and Human Rights in an Era of Permanent Emergency,

Kathmandu, Nepal: A.B Secretarial and Printers (P) Ltd., (Pp. 187).

Basnet, Gyan, (2012) Nepal: Law and Order Denied,
Asia Times Online
, 10 February 2012.


19

Basnet, Gyan, (2012) N
epal: Transitional Justice and Law and Order Denied,
Eurasia Review
, 18 June
2012,
http://www.eurasiareview.com/18062012
-
nepal
-
transitional
-
just
ice
-
and
-
law
-
and
-
order
-
denied
-
oped/
.

Basnet, Gyan, Focus on TRC: Justice Seen to be Done,
Himalayan Times
, 12 April 2012

Basnet, Gyan, Justice and Deterrence,
Himalayan Times
, 14 June 2012

Basnet, Gyan, No Justice, No Peace,
Himalayan Times
, 5 March 2012

deGuzman, Margaret, (2000), The Road from Rome: The Developing Law of Crimes against Humanity,
Human Rights Quarterly
, Vol. 22, No. 2, Pp. 335
-
403

Gerardo Alberto (2010) Armed Forces, Truth Commission and Transitional Justice in Peru,
International
Journal

of Human Rights
, Vol. 7. No. 13, Pp. 27
-
49.

Goldstone, Richard, (1997), Law, War, War and Human Rights: International Courts and the Legacy of
Nuremburg: The United Nations’ War Crimes Tribunals: An Assessment,
Connecticut Journal of
International Law
, Vo
l. 12, Pp. 227
-
40.

Henry J. Steiner and P. Alston, (2000),
International Human Rights in Context
, Oxford University Press.

Human Rights,
State Compliance, and Social Change, Assessing National Human Rights Institutions,

Ryan
Goodman and Thomas Pegram (eds.
) Cambridge University Press, 2012.

Kolb, Robert, (2000), The Jurisprudence of the Yugoslav and Rwandan Criminal Tribunal on Their
Jurisdiction and on International Crimes,
The British Year Book of International Law
, Issue 71, Oxford
Press, Pp. 259
-
315

Lap
lante, Lisa et al. (2007) Truth with Consequences: Justice and Reparations in Post
-
Truth Commission
Peru,
Human Rights Quarterly
, 29 (2007) 228

250.

Maresca, G. Louis, (1996) The Prosecutor vs. Tadic, The Appellate Decision of the ICTY and Internal
Violati
ons of Humanitarian Law as International Crimes,
Leiden Journal of International Law,

Vol. 9,
Pp. 219
-
31

Meron, Theodor, (1996), The Continuing Role of Custom in the Formation of International Humanitarian
Law,
American Journal of International Law
, Vol. 9
0, Pp. 238
-
49

Moir, Lindsay, (2002),
The Law of Internal Armed Conflict
, Cambridge University Press

Momtaz, Djamchid, (1999), War Crimes in Non
-
International Armed Conflicts Under the Statute of the
International Criminal Court,
Year Book of International

humanitarian Law
, Vol. 2, Pp. 177
-
92

Murphy, D. Sean, (1999), Development in International Criminal Law: Progress and Jurisprudence of the
International Criminal Tribunal for the former Yugoslavia,
American Journal of International Law
, Vol.
93, Pp. 57
-
97

Nickel, James, (2007)
Making Sense of Human Rights
, Blackwell Publishing.

Requa, Marny, (2012) A Human Rights Triumph? Dictatorship
-
era Crimes and the Chilean Supreme
Court, Human Rights Law Review 12:1.

Sassoli, Marco et.al., (2000), The Judgment of the

ICTY Appeals Chambers on the merits in the Tadic
Case, New Horizon for International Humanitarian and Criminal Law?,
International Review of Red
Cross
, No. 839, Pp. 733
-
769

Sassoli, Marco, (1999), Prosecutor vs. Tadic (Judgment). Case No. IT
-
94
-
I
-
A. 38 IL
M 1518 (1999),
International Criminal Tribunal, Appeal Chamber, July 15, 1999,
American Journal of International
Law
, Vol. 94, Issue
-
3, Pp. 571
-
78.

Saul, Matthew, (2011) The Normative Status of Self
-
Determination in International Law: A Formula for
Uncerta
inty in the Scope and Content of the Right?, Human Rights Law Review 11(4): 609
-
644.

Smith, Jackie, et al, (1998) Globalizing Human Rights: The Work of Transnational Human Rights NGOs in
the 1990s,
Human Rights Quarterly
, Vol. 20, Pp. 379
-
412.

Suominen, B
. Sonja, (2000), Grave Breaches, Universal Jurisdiction And Internal Armed Conflict: Is
Customary Law Moving Towards A Uniform Enforcement Mechanism for All Armed Conflicts? Journal
of Conflict and Security Law, Vol. 98, Pp. 5
-
63


20

Teitel, R. G. (2001),
Tran
sitional Justice
. Oxford University Press

Turner, C. (2008), Delivering Lasting Peace, Democracy, and Human Rights in Times of Transition, the
Role of the International Law,
International Journal of Transitional Justice
, 2(2), Pp. 126
-
151.

Wilson, A. Richa
rd, (2005), Judging History: The Historical Record of the International Criminal Tribunal
for the Former Yugoslavia,
Human Rights Quarterly
, Vol. 27, No. 3, Pp. 908
-
42

Zic, Kristijan, (1998), the International Criminal Tribunal for the Former Yugoslavia: Applying
International Law to War Criminals,
Boston University International Law Journal,
Vol. 16, Pp. 507
-
533.




21

Training Course:
Insurance Law

Objectives


The objectives of the course include as follows:



To familiarize with the risk ,risk management and insurance



To familiarize with the. Legal framework of insurance



To enhance the capacity
in insurance law



To update the judicial trends



To aware and update t
he international legal regimes in insurance

Session

Main Topics

Sub Topics

Session
-


1

Risk, Risk Management and
insurance



How insurance covers risk ?



Meaning of risk, peril, hazard and loss, Risk and
society, risk management and insurance,



insurance versus hedging, insurance versus gambling,



mathematical foundation of insurance, adverse
selection.

Session
-
2

Nepalese insurance legal
framework



Insurance Act,2049,Insurance
Regulation,2049,Contract Act,2056,Company
Act,2063,Rastriya Beema
Sansthan Act,2024,Directives
issued by insurance board.



Insurance principles
-
Utmost good faith, Insurable
interest ,indemnity, Subrogation, contribution and
proximate cause



IAIS insurance core principles



Relevant case laws

Session
-
3

Nepalese Insurance
Industry



Understanding of insurance, distinct characteristics of
insurance contract, benefits and costs of insurance,



Historical development of insurance in Nepal, present
scenario of insurance industry,



Types and Classification of insurance
-
Life insuranc
e,
nonlife insurance, reinsurance, micro insurance



Emerging insurance market in Nepal
-

agriculture,
animal framing.


Session
-
4

Insurance contract



Parties to the contract, Insurance policy, cover note
and endorsement



Formation of insurance contract,
proposal form,
application, negotiation, acceptance, issue of policy



Basic parts of policy, Conditions, warranties,
nomination, assignment, subrogation, cancellation and
other contractual provisions



Relevant case laws


Session
-
5

Insurance claim




Claim,
objective of claim settlement, steps of claim
settlement, mode of claim settlement



Life insurance claim settlement procedure, notice,
maturity claim, death claim, early death claim, claim

22

concession, presumption of death title to claim and
foreclosure.



Pr
operty and liability insurance claim settlement
procedure ,notice of claim, appointment of surveyor,
survey report, payment of claim



Relevant case laws

Session
-
6

Insurance dispute



Dispute settlement procedure, insurance board as
court of first instance,
jurisdiction of the board,
decision making procedure, principles of natural
justice, appeal, judicial review.




Rules of construction of the insurance policies



Relevant case laws

Session
-
7

Insurer and insurance
intermediaries



Insurer, insurance agent, surv
eyor, broker,



Licensing requirements ,qualification, disqualification,



Licensing, renewal, cancellation



Commission and remuneration

Session
-
8

Mathematical aspects of
insurance



Rate making, objective and methods, Investment of
the fund




Capital adequacy, maintenance of insurance fund
,general reserve, technical reserve



Actuarial valuation, distribution of surplus, declaration
of bonus

Session
-
9

Insurance regulation



Meaning of regulation, objective of regulation, history
of insurance
regulation



Regulatory process
-
Ongoing supervision, surveillance,
onsite inspection ,off site monitoring



Sanction
-
fine, suspension of business, confiscation of
license and imprisonment



Role of Nepal Bar Association to promote legal
practice in the area of insurance.

References

1.

Avatar Singh, Insurance Law (Second Edition), Eastern Law Books

2.

Ali, Sajid Dr., et.al, Insurance in India (2007)

3.

Insurance Act and Rules

4.

Mishra, M.N., Law of I
nsurance, India




23

Training Course: Intellectual Property Law

Objectives

The objectives of the course include as follows:




To make familiarize concept of Intellectual Property Law



To update knowledge patent, design, trade mark and copy rights



To understand

the International and Domestic Laws related to IP Law

Session

Main Topics

Sub Topics

Session
-


1

Introduction to property and its
types



Meaning and definition of intellectual property



Theories of property



Private property and intellectual property.

Session
-
2

Introduction to intellectual
property



Meaning and definition of intellectual property



Reason for protection of intellectual property



Types of intellectual property



Development of intellectual property law in Nepal

Session
-
3

Patent




Meaning and
definition of patent



Requisition for patent license



Provisions relating to patent under Nepal legal regime

Session
-
4

Design



Meaning and definition of design



Requisition to register design



Statutory provisions relating to design

Session
-
5

Trade mark



Meaning and definition of trademark



Requisition to register trademark



Statutory provisions relating to trademark

Session
-
6

Copy Rights



Meaning and definition of copy right



Statutory provisions relating to copy rights

Session
-
7

Legal issues and
protection of
the genetic resources and plant
varieties



Legal issues



Protection of the genetic resources and plant varieties

Session
-
8

International Instruments of IPR
and their nature



TRIPS



Berne Convention



Madrid Convention



Paris Convention

Session
-
9

Role of Lawyers in Registration
and Protection of IPR



Procedure of Registration



Lawyers role in registration and protection



Claim mechanism



Settlement of IPR Disputes.

References

1.

W.R. Cornish,
Intellectual Property, Sweet & Maxwell

2.

SM Stewart,
International Copyrights and Neighbouring Rights’
Butterworths

3.

P Narayan,

Copyright and Industrial Design,
Eastern Law House

4.

P Narayan
Law of Trade Marks and Passing Off,

eastern Law House

5.

Kerly on
Trade marks and Trade names’

Sweet and Maxwell

6.

Christop
her Wadlow,
The Law of Passing Off,
Sweet and Maxwell

7.

P Narayan,
Intellectual Property law,

Eastern Law House.

8.

Paul Torremans,
Holyoak & Torremons Intellectual property Law,

Oxford University Press

9.

Several Treaties of Intellectual Property


24

10.


Patent Desig
n and Trade Mark Act of Nepal

11.

Copy Rights Act

12.

Patents vs. Patients: Five years after the Doha Declaration available on
http://www.oxfam.org/en/policy/briefingpapers/bp95_patentsvspatients_061114

13.

World Health Organization,
About HIV/AIDS
, availavle on
http://www.who.int/hiv/abouthiv/en


14.

Global AIDS epidemic continues to grow available on:

http://www.who.int/hiv/mediacentre/news62/en/index.html


15.

Intellectual property: protection and enforcement available on:

http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7
_e.htm


16.

World Trade Organization Website.
http://www.wto.org

17.

The Doha Declaration on the TRIPS Agreement and Public Health available on:
http://www.who.int/medicines/areas/policy/doha_declaration/en/index.html


18.

Fact Sheet:
TRIPS and Pharmaceutical Patents:
Obligations and exceptions available on:
http
://www.wto.org/english/tratop_e/trips_e/factsheet_pharm02_e.htm


19.

Gathii James Thuo,
The Legal Status of the Doha Declaration on TRIPS and Public Health Under
Vienna Convention ob the Law of Treaties (2002) Volume 15, Number 2,
Harvard Journal of Law
&

Technology.

20.

Luis Mariano Genovesi, “Intellectual Property Rights (A Global Vision)” In S.K. Varma & Raman
Mittal (Ed)
Indian Law Journal
, [India. 2002
-
2003].

21.

Subedi Surya p. The Road from Doha: The Issues for the Development Round of the WTO and
the Futu
re of International Trade,International Comparative Law Q 2003 52





25

Training Course:
Justice for Children

Objectives


The objectives of the course include as follows:



To impart basic knowledge on child protection system in Nepal,



To understand the nation
al and international laws and standards related to juvenile justice
administration.



To understand the diversion scheme application to juvenile justice and restorative justice approach
to juvenile justice.



To acquaint basic approaches of juvenile justice
and organizational setting of juvenile bench and to
identify the role of child psychologists and social worker while disposing the juvenile cases as well
as role of defense lawyer to protect the rights of children in conflict with the law, child victim and

witness.



To understand about land mark court decisions on juvenile justice (regressive or progressive:
analysis of court judgments)



To know the role of NBA for juvenile justice system: Is institutionalization of legal aid support
through NBA in all distri
cts possible?

Session

Main Topics

Sub Topics

Session
-


1

Child Protection and juvenile
justice



Child Protection: Overview of child protection system in Nepal



Is children in conflict with law is a matter of child protection?



Fundamental requirement of
juvenile justice administration and
It's departure from criminal justice: Why we need separate child
justice system?

Session
-
2


Law and Institutions



Theories and causative factors of juvenile delinquencies



International legal framework governing juvenile

justice
(soft laws
and hard laws)



The institutions of juvenile justice system ( key players,
accountability and regulation, effective of system dealing with
young offender)

Session
-
3

I
nvestigation

and
Prosecution



National legal framework governing juvenil
e justice



Child friendly investigation and Prosecution: apprehension, arrest
and investigation (Right to have a prompt access to defense lawyer
right after intake by police: assessment of practice of investigation
in cases related to juvenile cases by poli
ce)

Session
-
4

Disposition

and
hearing

of a
case



Disposition of Juvenile Delinquency Case: Role of Judge, social
worker and child psychologist (what is the role of defence lawyer
on behalf of juveniles?)



Close camera hearing: Concept and practice with
special reference
to children in conflict with the law and child victim

Session
-
5

Diversion in juvénile justice



Concept of Diversion in juvénile justice: possibilités and challenges
in Népal

Session
-
6

Restorative Justice



Restorative Justice Approach to
juvenile offenders: Concepts,
methods and application.

Session
-
7

Court judgments



Court judgments: progressive or regressive? an analysis

Session
-
8

Role of defense lawyer



Victim and Witness protection: Role of defense lawyer

Session
-
9

Role of NBA



Role of

Nepal Bar Association to institutionalise the legal aid to
children in conflict with the law and child victim.


26

References

1.

CCWB, National, Regional and International Legal Provisions Regarding Children.

2.

Children Rights and Justice in Nepal, TUFL, Criminal

Law Subject Committee(2012)

3.

Convention on the Rights of the Child 1989.

4.

Gautam,

Bharat Mani, Nepal Law Journal
, Special Issue on the Rights of the Child Vol. 1, Nov.
1998.


27

Training Course: Law Firm Management, Bar Bench Relations and Professional Ethics


Objectives

The objectives of the course include as follows:




To understand the different methods of law firm management.



To appreciate the emerging values/attitudes of Bar
-
Bench relations and critically evaluate its
position.



To understand
Professional Ethics of Lawyers and Disciplinary actions

Session

Main Topics

Sub Topics

Session
-

1

Law Firm Management




Technical and Human Resources Management



Administrative Management



Client Management



Information Management



Time Management



Account Management

Session
-
2

Bar
-
Bench Relation




Historical Development



Achievements



Recent Trends


Session
-
3

Professional Ethics



Code of Conduct of Lawyers



Disciplinary actions

References

1. M. Douglas, Successful Practice Management (An Introduction for Lawyers) Universal (First Indian
Reprint), 2001

2. Alan Pannett, Managing the Law Firm (Legal Practice Handbook) Universal (Indian Reprint), 2001

3.

zDe'k|;fb 1jfnL, ægofF k':tfsf GofofwL
z / jsLndf Ps ckLnÆ Gofob"t k"0ff{Í !!# jif{ #)
-
cflZjg, sflt{s,
@)%^

4.
df]xgk|sfz l;6f}nf, æjf/ / j]Gr Ps ;+:d/0fÆ sfg"g c+s @)
-
@)%&_

5.
6f]k axfb'/ l;+x, æsfg"g Joj;fo / Gofokflnsf d]/f] cg'ej d]/f] cg'e"ltÆ sfg"g c+s !(
-
@)%^_

6. sfg'g Joj;foL cfrf/;
+lxtf @)%!




28

Training Course: Legal English

Objectives

The objectives of the course include as follows:




To

enhance knowledge related to grammar used in legal english



To update skills of legal language



To be familier with professional english in use and
transalation.


Session

Main Topics

Sub Topics

Session
-


1

Basic level

Grammar



Varieties of English(Formal and Informal English,
Spoken and Written English)



Words and their pronunciation

Session
-
2

Basic level

Grammar



Sentences (Structures various types)



Language vocabulary

Session
-
3

Basic level

Grammar



Synonyms and antonyms



Language usage



Usage aspects


Session
-
4

Advance Level

Spoken and Written English


Language



What is plain language?



The use of plain language in the legal field

Session
-
5

Advance
Level

Spoken and Written English


Language



Language of the law (Legal affectations and other
nasty habits, legalese)



Language of email and internet



Structure





Session
-
6

Advance Level

Spoken and Written English

Professional English in use



Client care
procedures



Client correspondence

Session
-
7

Advance Level

Spoken and Written English

Professional English in use



Forming a contract 1 and 2



Structure of commercial contract



Petition drafting, response writing



Pleading notes and presentation during
pleading/hearing

Session
-
8

Translation

Classification

Formal and informal




Judicial decisions, petitions and cases (criminal and
civil both)



Laws (national and international laws and other
instruments), policies, plans, directives etc.



Public/private
documents
-

certificates, identity cards,
letter correspondences, etc.



Company, banking and corporate sector documents
-


29

Article and Memorandum of Association, contracts,
policies,


Session
-
9

Translation

Classification

Formal and informal



Personal documents
-

statements, affidavits, etc.



Professional/business documents
-

contracts, job
vacancies and appointments, bonds, commitments,



other

References

1.

Brown, Gillian D., Rice, Sally, Professional English in Use(Law) Cambridege University

Pres
s

2.

Throne, Sara, Mastering Advanced English, Macmillan






30

Training Course: Legal Research, Drafting and Legal Opinion

Objectives

The objectives of the course include as follows:




To improve the capacity of different methods and approaches legal research



To update the knowledge on primary and secondary resources materials.



To understand the rule of citation



To improve the skills of effective legal drafting,



To impart the knowledge of legislative drafting,

Session

Main Topics

Sub Topics

Session
-

1

Introduction



What is legal research ?



Characteristics of legal research



Difference between legal research and legal writing



Purpose of legal research

Session
-
2

Approaches and Methods of
Legal Research






Approaches and Methods of legal research



Meaning

& Characteristics of doctrinal and non
-
doctrinal legal research and the main distinction
between them.

Session
-
3

Primary and Secondary Legal
Source Materials






Finding the primary legal sources



Finding the secondary legal sources

Session
-
4

Rules of
Citation



Knowing different Rules of citation

Session
-
5

Writing Research Proposal






Purpose and Types of research proposal



Rules of preparing a legal research proposal

Session
-
6

"When to Stop Researching



When to stop researching

Session
-
7

Effective
legislative drafting skills



Basic rules of effective drafting, especially of legislative
documents



Drafting techniques



Session
-
8

Effective legislative drafting skills



Drafting of various statutory instrument, namely



Drafting a bill



Drafting a rule



Drafting by laws/rules



Other legislative drafting

Session
-
9

Effective Writings of Legal
Opinion



Constitutional & Legal provision regarding legal
opinion



Techniques of writing effective legal opinion



Process of opinion building

References

1.Legal Research and Methodology, Journal of the Indian Law Institute, vol.24 Numbers 2,3 & 4 (April
-
December 1982)

2. Basic Reading Materials Socio Legal Research Methodology Workshop, Dept. of Law, University of
Poona (1979)

3 Training Manual NBA (2062
)


31

The Blue Book of Uniform System of Citation, complied by the edition of the Columbia Law Review, the
Harvard Law Review, the University of Pennsylvania Law Review and the Yale Law Journal

3.

Christopher G. Wren, et.al, The Legal Research Manual, Legal Edu
cation Pub. (1986)

4.

B.R. Attre, Legislative Drafting (Principles & Techniques) Universal (2001)

5.


Tirtha Man Shrestha, Drafting of Law

6.

Susan Blake, A Practical Approach to Legal Advice and Drafting, Universal (Indian reprint 2000



32

Training Course:

Medi
ation Law


Objectives:


The objectives of the course include as follows:



To enhance the capacity in mediation.



To update the knowledge on communication and mediation skills.



To familiars with the social justice and relationship.

Session

Main Topics

Sub
Topics

Session
-


1

Introduction




Concept of Conflict and disputes
-

Stages and types



Dispute Resolution Methods
-

Formal, informal and alternative



Dispute Resolution Strategy ( Creating win
-
win situation)

Session
-
2

Mediation




Concept of Mediation



Types
of mediation



Approaches of Mediation (Right, interest, position)



Principles or fundamentals of mediation



Jurisdiction and limitation of mediation

Session
-
3

Mediators



Quality (interpersonal Capacity) and Skill



Ethics



Roles and responsibility



Handling
Critical issues

Session
-
4

Steps and processes
of mediation



Pre
-
mediation process



Mediation process



Post mediation stage

Session
-
5

Communication Skill




Effective communication Technique



Active Listening



Inquiry/ questioning



Reframing



Paraphrasing



Blending/Summarizing

Session
-
6

Mediation Skill




Facilitation skills



Position and Interest Identification



Person v. Problem



Issue Identification
-

Hidden interest /caucus/ problem
identification



Brainstorming



Option generation
-
Value creation and distribution



BATNA/ WATNA/ ZOPA/ Dirty Tricks

Session
-
7

Social Justice and
relationship

Co
-
mediation

Mediation and Social Justice



Rights and Justice



Class, Caste/ Ethnicity, Minority, Gender Justice



Mediation and Just Settlement



Justice Through Needs and Basic Laws

Traditional

Restoration of Relationship

Session
-
8

Court Referred and


Mediation on Commercial Disputes


33

Commercial dispute
mediation



Some international practices and critical appreciation

Session
-
9

Community
Mediation

1.

Introduction



Differences between conventional mediation and
systematic community mediation



Merits and demerits of community mediation

2.

Community peace and harmony

3.

Basic legal knowledge

References




34

Training Course: Migration
Law

Objectives


The objectives of the course include as follows:




To enhance knowledge

on laws related to migration



To update knowledge on foreign labor management and foreign employment



To
familiarizes with Court Decisions and
Cases covered by Treaties

Session

Main Topics

Sub Topics

Session
-


1

Conceptual framework



Concept and tern of migration ( IDP, forms of migration)



Foreign labour migration, trafficking and human smuggling


Session
-
2

Foreign labour migration



Foreign labour migration


N数慬敳e
捯nW數琨U楳瑯ryⰠ
ov敲ei敷 )



Major issue( achievements and challenges)

Session
-
3

Skill for lawyers



Impact of foreign labour migration in Nepal( social cost,
brain drain etc)



Skill for lawyers to deal issue by legal approach

Session
-
4

International laws
on migration



International bill of rights framework



ILO framework



Specific conventions on migrant rights


Session
-
5

International Cases



Cases of international bodies( court and treaty bodies)

Session
-
6

Treaties and Nepali Law



Legal status of ratified treaties



Concept and approaches



Nepali laws



Treaties ratify by Nepal and supreme court
interpretation

Session
-
7

Legal framework on foreign
employment



Constitution



Foreign employment act 2064



Foreign employment regulation 2064


Session
-
8

Institutions



Precedents established by Supreme Court



Implementation status of laws( research data)



Procedures of law enforcement agencies( FE
department and FE tribunal)

Session
-
9

Analysis of cases

Analysis of cases in line with international
convention
(Tribunal and department)

Analysis of other relevant cases( Trafficking and
General cheating)

Foreign employment policy , 2068

References

1.

Study on Effectiveness of Laws and Law Enforcement Mechanisms to ensure Safe Migration
of Women, 2008.
People Forum for Human Rights / United Nation Development Fund for
Women (UNIFEM)

2.

A Manual for Paralegal Training in the field of migration, 2069, people Forum for Human
Rights(People Forum).

3.

A training manual on international laws related to migration, 20
12, People Forum.


35

4.

Information Kit on international laws related to migration, 2012, people forum

5.

Labour law and immigration laws of destination countries( Korea, quarter, Israel, Hong Kong
and Japan) 2009, People Forum

6.

Information Kit on foreign employment

law
-

2, FEPB and People Forum

7.

Handbook for victims of foreign employment, 2009, People Forum

8.

Anthony M. Messina & Gallya Lahav 2006, The Migration Reader exploring politics and
policies, Viva books.(pp.9
-
30) (pp 107
-

105)

9.

Anual report of National Human Ri
ghts Commission.

10.

Guideline for investigation officer, DoFE, 2009

11.

Bulletin and annual reports of FEPB

12.

Migration policy 2068, Ministry of Labour and Employment

13.

Michael Goodhart 2009, Human Rights politics and practice ‘human rights and forced
migration’ pp
239
-
259

14.

World Migration Report 2011, International Organization for Migration.

15.

Forced Migration Review(FMR) No. 1, Refugee Studies Centre, Department of international
Development, University of Oxford(
www.fmreview.org
)No. 17 FMR (May 2003)Special Issue
(Feb 2003)

16.

Anita Ghimire, “Enfranchising IDPs in Nepal” No. 28 FMR,

17.

Debamitra Mitra and Shahiuz Zaman Ahmed Internally Displaced Persons in South Asia an
Overview 2008, voiceless citizens : A case study o
f IDPs in Nepal, Som P. Niroula, pp 142
-
158,Icfai University Press india.

18.

EBHR 35
-
36 Autumn 2009


Spring 2010, Migration from Jumla to southern Plain, Satya
Shrestha
-
Schipper

19.

Refugee Watch, A South Asian Journal on Forced Migration 2010, Report

I, Post
Conflict
Displacement in Nepal (Vol. 36), CRG, Calcutta.





36

Training Course:
Military Law, Defence and Security

Objectives


The objectives of the course include as follows:




To know the concept and development of Military Law.



To
strengthen knowledge on
domestic law and International practices.



To familiarizes with Court Decisions
including the Military Court.

Session

Main Topics

Sub Topics

Session
-
1

History of Military, Concept and
its importance



Recognition,



Terminology



Trend

Session
-
2

Development of Military Law



Constitutionality



Domestic and International


Session
-
3

Domestic and International
Military Laws



Comparative

studies of military laws and its trend



Provision of Diplomatic Relation



Co
-
Ordination, Cooperation National and
International
Level

Session
-
4

Role of Force




Guiding Laws



Policy and Goal



Enforcement



Responsibility



Liability

Session
-
5

Structural

System

of Military
Force



Chain of Command



Hierarchy



Jurisdiction

Session
-
6

Participation and Control




People



Institutional



Responsibility



Staff

Session
-
7

Security and Using of
Handwares




Weapons



Strength



Capability

Session
-
8

Judicial

System of military



Appeal



Military Justice system in Nepal

Session
-
9

Case analysis



Selected Decisions of the Supreme Court

References




37

Training Course:
Mining Law

Objectives


The objectives of the course include as follows:




To familiarize the mining potentials of Nepal law practitioners.



To enhance the capacity of law practitioners in mining law.



To update the judicial tre
nds on mining law to the law practitioners.



To aware and update the international regimes on mining law to law practitioners.



To prepare the law practitioner to take initiations for the improvement of mining laws and
exploitation of mines in Nepal for eco
nomic development of Nepal.

Session

Main Topics

Sub Topics

Session
-


1

Concept and scope of mining
law



Concept of mining law



Areas covered by mining law



Areas not covered by mining law



Present Nepali scenario of mining industries

Session
-
2

Mining

law and Geo
-
science



Introduction of Geo
-
Science



Scope of Geo
-
Science for lawyers



Application of Geo
-

Science to legal practice

Session
-
3

Prevailing Laws in the area of
mine and minerals



Mine and mineral products Acts, 2042



Gas Oil (Contract)
Rules, 2015



Gas (Protection and Consolidation) Rules 2011



Petroleum Act 2040 and Rules, 2041

Session
-
4

Harmonization and
Standardization of mining laws



Comparison mining laws of Nepal to the mining laws of
other countries



Standard of mining laws for the purpose of harnessing and
exploiting mine and mineral

products



Harmonization and standardization of mining laws of
Nepal

Session
-
5

Investment on Mine



Present Scenario of investment on mining sector of
Nepal (domestic and

foreign).



Procedural matters on investment on mining
industries



Substantive legal matters on investment on mining
industries

Session
-
6

Contract Related to Mining
Industry



Nature of contracts related to mining industry



Recourse and non
-
recourse contracts



Special skills necessary to draft mining related dealing
and/or investment



-

Overview of mining related contracts entered by
government of Nepal

Session
-
7

Exploration Versus exploitation
of mines



Efforts of Government of Nepal on exploration of
mines and minerals in Nepal



Potentials of exploitation of mines and minerals in
Nepal



-

Cross cutting issues

Session
-
8

Petroleum Exploration Project



Current status the petroleum exploration projects
being undertaken by the government of Nepal


38



Political economy of the petroleum projects



Future prospects

Session
-
9

Role of the Bar



Role of Bar on legal reform on mines and mineral
related laws



Role o
f the Bar on attracting foreign investment on