gathii james thuo, legal... · web viewsabina pandey, nkp 2068 decision no. 8572, page no. 327. vi....

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 Cyber Crime and Law To enhance the understanding of practical problem To give knowledge on the concept of digital evidence, collection of digital evidence and cyber

forensic analysis To enhance knowledge and capacity on dealing intellectual property issues in cyberspace

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 Authorityo Controller of Certification Authority

Online/Electronic Contractso Recognitiono 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

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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.

ReferencesBooks:

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, 2010Journals:

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 Regulations1. Electronic Transaction Act, 20062. Copyright Act, 20003. Telecommunication Act, 1997

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Training Course: Domestic Violence LawObjectives The objectives of the course include as follows:

To introduce the basic concepts of Domestic 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 International 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- 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-2Domestic Violence: nature, classification and impacts

Nature of Domestic ViolenceClassification 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 Act 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, Decision No. 8282.

Session-6Mechanism under Domestic Violence Law

Complain Filing Mechanism under DV Act different procedure of filing Complain/FIR/ Case Fine/ Punishment/ Compensation

Session-7Role 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-9Role 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.References

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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 Combating 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, Aaviskar 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. Sen, 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 of violence against Women and girls in Nepal, (1997), SAATHI in collaboration

with the Asia Foundation, Kathmadu, Nepal.

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Training Course: Energy, Electricity and Gas LawObjectives: 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



Definition of energy Type of Energy (Traditional, 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 proposed Bill:

Electricity Bill, 2065 Nepal Electricity regulatory commission Bill, 2065

Session-5 Procedure, Directives and Guidelines RuleElectricity 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

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License Management Procedure of Hydropower, 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-6Comparative 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 Commission2. Water and Energy CommissionMinistry:

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

References1. James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)

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Training Course: Environmental LawObjectives: 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 knowledge of Nepalese environmental law To familiarize with judicial approach

Session Main Topics Sub TopicsSession- 1 Environment and environmental

lawa. Background and concept

Type, Sector and approach of environment Type: Natural and man made, Biotic and abioticSectors of Environment:

I. Green SectorII. Brown Sector

III. Blue SectorIV. Cultural Sector

Conservation ApproachI. 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 Lawd. Problems, Issues and Challenges e. Role of Lawyers and Judiciaryf. Conclusiong. Constitution, Environment Protection Act and

RegulationsConstitutional ProvisionsBackground and Preamble of the ActDefinitionMajor Tools:

i. Environmental Standards ii. Initial Environmental

Examination/Environmental Impact Assessment iii. Environmental Inspector

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Other Provisionsa. Environment Protection Council b. Environment Protection Fundc. Environmental Labd. Expert Committeese. Pollution Control Certificatef. Compensation and punishmentg. Institutional mechanism

National issues and challengesRole 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-3Solid Waste Management Act and Regulations

BackgroundPreamble and DefinitionMajor provisions

Institutional ArrangementPenal Provision

Problems, issues and challengesRole of Lawyers and Judiciary

Session-4 Forest Act and Soil and Watershed Conservation Act

Part 1BackgroundPreamble and DefinitionMajor provisions





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Session-5

National Parks and Wildlife Conservation Act and Plant Protection Act



Problems, issues and challengesRole of Lawyers and JudiciaryPart 2BackgroundPreamble and DefinitionMajor provisions



Session-6

Water Resources Act, Aquatic Life Protection Act and Pesticides Act



Problems, issues and challengesRole of Lawyers and JudiciaryPart 2BackgroundPreamble and DefinitionMajor provisions






Session-7 Mines and Minerals Act, Petroleum Act, Industrial Enterprises Act, Local Self Governance Act,

BackgroundPreamble and DefinitionMajor provisions

Institutional Arrangement

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Penal ProvisionProblems, issues and challengesRole of Lawyers and Judiciary

Session-8 International Law on Environment

EvolutionPrinciplesDomestication 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 Development 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, Copenhagen 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, 1992o UN Framework Convention on Climate Change

(UNFCCC) o Kyoto Protocol (1997), o Convention on Biological Diversity, 1992 and Bio-

safety Protocol 2000, o UN Convention on Combating Desertification,

1994o POPs Convention

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o UNCEDo WTOo International Treaty on Plant Genetic Resources

for Food and Agricultureo Other

Problems, issues and challenges Role of the Lawyers and Judiciary

Session-9 Litigation on Environment Introduction and conceptEvolutionNational 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 disposal 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 others

(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 Chaita No. 12, p. 2005)

Other

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International casesGavcikovo-nagymoras, 1997Trial Smelter Case,(pls add other cases as you think essential)Problems, Issues and ChallengesRole of Lawyers and Judiciary

References1. Belbase, Narayan The implementation of International Environmental Law in Nepal IUCN- The

World Conversation Union Kathmandu Nepal, 19972. Belbase, Narayan (ed.) Environmental Law in India New Delhi, butterworths; 19993. Leelakrishnan P., Environmental Law in India New Delhi; Butterworth: 19994. James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)

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Training Course: Federal Legal Structure and FederalismObjectives 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



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,German,Austria,Australia,Russia, Ethopia,Mexico,Brazil ,Malaysia, United Arab Emirates,Pakistan,Argentina,Bosnia and Herzegovina,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

ReferencesAnderson, George.2008.Federalism: An Introduction. New York: Oxford University Press.Bista, Dor Bahadur.1996.People of Nepal. Kathmandu: Ratna Pustak Bhandar.Department Of Sociology and Anthropology Patan Campus.2011.Contemporary Journal of Sociology and Anthropology, Volume 1SSN:2091-1181.

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Forum of Federation.2006.A Global Dialogue on Federalism, Volume 1-6.London: McGill-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 University Press.

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Training Course: Foreign Investment and Technology Transfer LawObjectives The objectives of the course include as follows:

To give knowledge on concept of foreign investment and technology transfer To update knowledge on standard of treatment in foreign investment To enhance knowledge on bilateral and multilateral instrument of foreign investment To guarantee foreign investment protection under Nepalese legal regime:


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 periodii. The post colonial period

b. Nepalese history: i. Recognition of foreign investment under

several Plansii. Promulgation of Foreign Invetment lawiii. Accession to the international laws on foreign

investment

Session-3Risks 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 Standard 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-6Bilateral 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 Protection under Nepalese Legal

100% investment Protection against nationalisation

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Regime:

Equal treatment No expropriation Repatriation Consessions Visa facility Dispute Settlement

Session-9Procedure of Foreign Investment and Technology transfer and Lawyers Role

Pre Investment Procedure Post Investment Procedure Role of Lawyers in foreign investment

References1. Thomas Brewer (ed), Political risks in International Business, 19852. 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, International law and Foreign Investment (1972)8. J Brierly ,Law of Nations’ (5th ed. 1963), 2769. 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 198612. 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 35114. Reich ‘ Roads to Follow: regulating Direct Foreign Investment’ (1989) 43 Int Org 54315. M Sornarajah, ‘Laws of International Joint Ventures, 199216. WTO and Related Agreements17. Procedural Manual of Foreign Investmenti n Nepal published by Ministry fo Industry18. Nepal and WTO, Published by Ministry of Trade and Commerce19. FITTA 199220. Industrial enterprises Act 199421. Companies Act 200622. Immigration Act23. Tax Laws24. Arbitration Act 25. M Sornarajah, Settlement of Foreign Investment Dispute, 2000

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Training Course: Human Rights and Humanitarian Law

ObjectivesThe objectives of the course 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- 1

Defining Features of International Human Rights & International Human Rights’ Codes

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 21st 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-3Regional Mechanisms for Protecting and Promoting Human Rights

Council of Europe and the European Convention on Human Rights.

Inter-American and African Systems. Non-Governmental Organizations and Civil Society,

including Lawyers and the Media.

Session-4The 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. - Civil Society including Lawyers and the Media, Human Rights NGOs, and other Groups.

Session-5 International Humanitarian Law Development of Humanitarian Law as International Law and its Interrelationship with Human Rights Law

International Legal Foundations - Hague Conventions of 1899 and their Successor of 1907. - The Four Geneva Conventions of 1949 and the Additional Protocols of 1977.

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- 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 Yugoslavia (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 Application 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-9Culture 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

Perpetrators

ReferencesAskin, 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.

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

Basnet, Gyan, Focus on TRC: Justice Seen to be Done, Himalayan Times, 12 April 2012Basnet, Gyan, Justice and Deterrence, Himalayan Times, 14 June 2012Basnet, Gyan, No Justice, No Peace, Himalayan Times, 5 March 2012deGuzman, Margaret, (2000), The Road from Rome: The Developing Law of Crimes against Humanity,

Human Rights Quarterly, Vol. 22, No. 2, Pp. 335-403Gerardo 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, Vol. 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

Laplante, 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 Violations 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. 90, Pp. 238-49

Moir, Lindsay, (2002), The Law of Internal Armed Conflict, Cambridge University PressMomtaz, 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. 177-92Murphy, 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 ILM 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 Uncertainty 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

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http://www.eurasiareview.com/18062012-nepal-transitional-justice-and-law-and-order-denied-oped/

http://www.eurasiareview.com/18062012-nepal-transitional-justice-and-law-and-order-denied-oped/

Teitel, R. G. (2001), Transitional Justice. Oxford University PressTurner, 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. Richard, (2005), Judging History: The Historical Record of the International Criminal Tribunal

for the Former Yugoslavia, Human Rights Quarterly, Vol. 27, No. 3, Pp. 908-42Zic, 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.

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Training Course: Insurance LawObjectives 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 the international legal regimes in insurance


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 insurance, 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 concession, presumption of death title to claim and

21

foreclosure. Property 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, surveyor, 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.

References1. Avatar Singh, Insurance Law (Second Edition), Eastern Law Books 2. Ali, Sajid Dr., et.al, Insurance in India (2007)3. Insurance Act and Rules4. Mishra, M.N., Law of Insurance, India

22

Training Course: Intellectual Property LawObjectivesThe 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- 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-7Legal 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.

References1. W.R. Cornish, Intellectual Property, Sweet & Maxwell2. SM Stewart, International Copyrights and Neighbouring Rights’ Butterworths3. P Narayan, Copyright and Industrial Design, Eastern Law House4. P Narayan Law of Trade Marks and Passing Off, eastern Law House5. Kerly on Trade marks and Trade names’ Sweet and Maxwell6. Christopher Wadlow, The Law of Passing Off, Sweet and Maxwell7. P Narayan, Intellectual Property law, Eastern Law House.8. Paul Torremans, Holyoak & Torremons Intellectual property Law, Oxford University Press9. Several Treaties of Intellectual Property 10. Patent Design and Trade Mark Act of Nepal

23

11. Copy Rights Act12. 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.org17. 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 Future of International Trade,International Comparative Law Q 2003 52

24

http://www.wto.org/english/tratop_e/trips_e/factsheet_pharm02_e.htm

http://www.who.int/medicines/areas/policy/doha_declaration/en/index.html

http://www.wto.org/

http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm

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

http://www.who.int/hiv/abouthiv/en

Training Course: Justice for ChildrenObjectives The objectives of the course include as follows: To impart basic knowledge on child protection system in Nepal, To understand the national 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 districts possible?


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 Investigation and Prosecution

National legal framework governing juvenile 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 police)

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 analysisSession-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.

References

25

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.

26

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- 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

References1. 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 GofofwLz / 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 @)%!

27

Training Course: Legal EnglishObjectives 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- 1 Basic level

Grammar Varieties of English(Formal and Informal English,

Spoken and Written English) Words and their pronunciation

Session-2 Basic levelGrammar

Sentences (Structures various types) Language vocabulary

Session-3 Basic level

Grammar Synonyms and antonyms Language usage Usage aspects

Session-4Advance LevelSpoken and Written English

Language What is plain language? The use of plain language in the legal field

Session-5Advance LevelSpoken and Written English

Language Language of the law (Legal affectations and other

nasty habits, legalese) Language of email and internet Structure

Session-6 Advance LevelSpoken and Written English

Professional English in use Client care procedures Client correspondence

Session-7 Advance LevelSpoken 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/hearingSession-8 Translation

ClassificationFormal 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- Article and Memorandum of Association, contracts,

28

policies,

Session-9TranslationClassificationFormal and informal

Personal documents- statements, affidavits, etc. Professional/business documents- contracts, job

vacancies and appointments, bonds, commitments, other

References1. Brown, Gillian D., Rice, Sally, Professional English in Use(Law) Cambridege University

Press2. Throne, Sara, Mastering Advanced English, Macmillan

29

Training Course: Legal Research, Drafting and Legal OpinionObjectives 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,



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

References1.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) 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

30

3.Christopher G. Wren, et.al, The Legal Research Manual, Legal Education 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

31

Training Course: Mediation 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- 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-mediationMediation and Social Justice

Rights and Justice Class, Caste/ Ethnicity, Minority, Gender Justice Mediation and Just Settlement Justice Through Needs and Basic Laws

TraditionalRestoration of Relationship

Session-8 Court Referred and Commercial dispute

Mediation on Commercial Disputes Some international practices and critical appreciation

32

mediation

Session-9 Community Mediation

1. Introduction Differences between conventional mediation and

systematic community mediation Merits and demerits of community mediation

2. Community peace and harmony3. Basic legal knowledge

References

33

Training Course: Migration LawObjectives 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- 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 – Nepalese context(history,

overview ) 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

References1. 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, 2012, People Forum.4. Information Kit on international laws related to migration, 2012, people forum

34

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 Forum7. Handbook for victims of foreign employment, 2009, People Forum8. 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 Rights Commission.10. Guideline for investigation officer, DoFE, 200911. Bulletin and annual reports of FEPB 12. Migration policy 2068, Ministry of Labour and Employment13. Michael Goodhart 2009, Human Rights politics and practice ‘human rights and forced

migration’ pp 239-25914. 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 of 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.

35

http://www.fmreview.org/

Training Course: Military Law, Defence and SecurityObjectives 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-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-7Security 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 CourtReferences

36

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 trends 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 economic 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 Political economy of the petroleum projects

37

Future prospects

Session-9 Role of the Bar

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

Role of the Bar on attracting foreign investment on mine & mineral related projects

Issues that can be initiated by the Bar for exploration and exploitation of mines and mineral products

References1. James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)2. Mine and Mineral Products Act 20423. Petroleum Act 2040

Cases1. @)%( ;fnsf] l/6 g+=+=+=M @*))laifo M pTk]|i]|if0f ;d]t]t .g]kfn DofUg];fO{6 k|f=ln=sf= z]o/ xf]N8/ nlntk'/ lhNnf nlntk'/pkdxfgu/kflnsf j8f g+= @ emD;Lv]n a:g] df]xguf]kfn v]tfg ––––––– !lgj]b]bslj?4!= ef/tLo sfg"gåf/f ;+:yflkt !÷P jlG;6f6{ /f] snsQf &))))!klZrd a+ufn ef/tdf /lhi68{ sfof{no e} xfn sf7df8f}+ lhNnf,sf7df8f}+ dxfgu/kflnsf ef]6]jxfnl:yt bfdf]b/ /f]kj]h tyfsG:6«S;g sDkgL ––––––––––––––––––––––––––––––––––––––––––––––– !@= ef/tLo sDkgL P]g, !(%^ cGtu{t btf{ ePsf] Pj+ btf{ sfof{no j/ª,pl8;f ePsf] pl8;f O{08li6«h ln= plbtgu/ ;?s]nf &^()!@ pl8;f,ef/tsf tk{maf6 o;sf ;Nnfxsf/ Pj+ clVtof/k|fKtjfnf ef/tLogful/s xfn g]kfn l:yt ;Dks{ 7]ufgf sf7df8f}+–@, r–@÷^($nflhDkf6 ePsf jfO{= kL= v§/ –––––––––––––––––––––––––––––––––– !#= sf7df8f}+ lhNnf sf7df8f}+ dxfgu/kflnsf j8f g+= % 6+ufn dfu{3/ g+= *% l:yt g]kfn cf]l/08 DofUg];fO{6 k|f=ln= ––––––––––––––––– !$= l;+ufk'/ 3/ eO{ sf7df8f}+ lhNnf sf7df8f}+ dxfgu/kflnsf j8f g+= %6+ufn s}nfz dfu{ 3/ g+= *( df sfof{no /x]sf] dWo:ytf ;DaGwL6«fOj'gnsf d'Vo dWo:y n]:nL s]= Pr= Ro" -l;+ufk'/_ –––––––––––––– !%= ef/t 3/ eO{ P]=6«fOj'gnsf dWo:y l8= l;= l;+3flgof –––––––––––––– !^= sf7df8f}+ lhNnf sf7df8f}+ dxfgu/kflnsf j8f g+= #! 1fg]Zj/ 3/eO{ P]= 6«fOj'gnsf dWo:y Pg= l8= zdf{ –––––––––––––––––––––––––– !&= k'g/fj]bg cbfnt kf6g ––––––––––––––––––––––––––––––––––––––––– !ljkIfL

38

Training Course: Negotiable Instrument LawObjectives : The objectives of the course include as follows:

To give knowledge on concept of negotiable instruments To update knowledge on recent trend. To be familiar with trend in judicial approach on negotiable instruments


Session- 1 Concept of Negotiable Instrument

Meaning of Negotiable Instruments Types of Negotiable Instruments Importance of Negotiable Instruments

Session-2 Negotiable Instrument Act, 1977

Parties of Negotiable Instruments Drawer, Drawee, Agent, Holder, Guarantor,

Principal Debtor, Holder in Due Course Payee Bank & Its Liability, Promisee & its Liability Drawee & Its Liability

Session-3 Negotiation & Endorsement

Transfer, Negotiation by Transfer, Endorsement, Its conversion & restriction Endorsement of Partial Amount Negotiation by Successor

Session-4 Presentation

Presentation for acceptance, Reasonable time, Conditions not to present Negotiable Instruments, Compensation

Necessity of Presentation in Negotiable Instruments

Session-5Judicial Trends in negotiable Instruments

Court View in regard to Public prosecution or Individual case

Session-6 Present Scenario & Issues of Negotiable Instruments

Good for Payment Cheque & Its complexity in practice Cases of Cheque Bounce under Banking offence Act

and Negotiable instrument Act and its prosecution

Session-7 New concept IN NEPAL Electronic Cheque including truncated cheque its

presentation, negotiation and endorsement

Session-8 International Practice United Nations convention on International Bill of

Exchange & Promissory Note, 1988 UNCITRAL convention on international bill of exchange

Session-9 Recent Trend Recent trends in Negotiable instrumentsReferences 1. Ps; Narayan, The Law of Negotiable Instruments and dishonor of cheques, Asia Law house

39

Training Course: Notary Public LawObjectivesThe objectives of the course include as follows:

To familiarize notary publics about their rights and duties as well as code of conduct. To be acquainted with international notary practices. To enable to operate notary office smoothly and efficiently. To enhance capacity to make critical remarks upon existing legal provisions and practices

relating to notary publicSession Main Topics Sub Topics

Session-1 Introductory General Background Concept of Notary Public

Session-2 Legal Provisions Relating to Notary Public in Nepal

The Negotiable Instrument Act, 2034 Act Relating to Notary Public, 2063 Rules Relating to Notary Public, 2063 Critical overview on legal provisions

Session-3 Notary Public Practice in Civil and Common Law Systems

Notary Public in Common Law System Notary Public in Civil Law System

Session-4 Notary Public Practice in some Countries

India China France United Kingdom United States of America

Session-5 Current Practice of Notary Public in Nepal

Certification/Verification/Translation-area of practices of Nepalese notary publics

Right and Duty and Code of Conduct of notary public

Session-6 Office Management

Operating a notary office Maintaining of notary record Compliance of code of conduct Ideas for reformation in notary public practices

Session-7 Notary Public: A Multi-dimensional Profession

Notary public as a Lawyer Notary public as an office bearer having public

accountability. Notary public's relationship with law enforcement

agencies, judicial bodies and other governmental agencies.

Session-8 Appraisal of Provisions and Practices for Best Notary Public Service

Lesson Learned Areas of Reformation and Improvement

Session-9 Court Cases Supreme Court DecissionsReferences

1. The Negotiable Instrument Act, 20342. Act Relating to Notary Public, 20633. Rules Relating to Notary Public, 20634. The Notaries Act, 1952 and The Notaries Rules, 1956 (India)5. Notary Law of the People's Republic of China, 2005 6. Note: Notary Laws of UK/USA/France and Notary reference books are needed to finalize this

curriculum.Training Course: Private International Law

40

Objectives The objectives of the course include as follows:

To establish familiarity with situations where legal question in private law are not confined into one municipal legal system

To provide an understanding of the way in which national courts deal with private law issues that arise in cross-border context

To develop an appreciation of the role courts can play in absence of statutory laws with respect to conflict of laws questions

To analyze currents trends and development in the field of private international lawSession Main Topics Sub Topics

Session- 1 Private International Law: Basic Concepts and Principles

Definitional questions with respect to Private International Law

Scope and application of Private International Law Subject matter of Private International Law Development of Private International Law Provisions concerning Private International Law in the draft

Civil Code Need for unification and harmonization of Private

International Law

Session-2 Jurisdiction of Courts

Exercise of jurisdiction by national courts in matters ingrained with foreign element.

The rules determining the jurisdiction of national courts The jurisdictional competence of national courts Actions in rem Actions in personam Limitation on exercise of jurisdiction Challenging jurisdiction

Session-3 The Choice of Law

Connecting factors and foreign element The law applicable to the dispute in conflict cases Characterization/Classification Renvoi

Session-4 Application of Substantive and Procedural Law

Substantive and Procedural Law Distinction between substantive and procedural law in

Private International Law context. Law governing substantive rights and procedure Proof and Exclusion of Foreign Law Foreign law is question of law or question of fact Application of foreign law Proving and submitting foreign law Exclusion in application of foreign law

Session-5 Domicile, Nationality and Residence

Concept of domicile Acquisition of domicile of Choice. Domicile of Choice and Domicile of Origin contrasted Domicile of dependent persons Domicile of married woman

41

Domicile and Nationality Concepts of Residence

Session-6 Recognition and Enforcement of Foreign Judgments and Decrees

Recognition of foreign judgments Enforcement of foreign judgments Execution of foreign judgments Limitations to enforcement of foreign judgments Enforcement of foreign judgments in Nepal

Session-7 Family Law

Marriage and Divorce Recognition of foreign divorce decrees Children Adoption

Session-8 Contracts and International Commercial Arbitration

Applicable law in contractual disputes The proper law of contract Arbitration Law governing arbitration Law applicable to the substance Conflict rules and applicable law

Session-9 Law of Property

Immovable and movable properties Jurisdiction and applicable law over immovable properties Inheritance, estate administration and succession Partition (Ansha Banda) and Private International Law

ReferencesBOOKS

Cheshire, North and Fawcett, Private International Law, (Oxford: Oxford University Press, 2010). Dicey, Morris and Collins, Conflict of Laws, (London: Sweet and Maxwell, 2010).

V. CASES Dr. Puskar Raj Pandey v Sabina Pandey, NKP 2068 Decision No. 8572, Page No. 327.

VI. MISCELLANEOUS Hague Conference Materials on Private International Law. New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. UNICTRAL Model Law on Cross Border Insolvency.

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Training Course: Public International Law and International Relations


To introduce the basic concepts of public international law and international relations in order to create a framework for continuing legal education of lawyers.

To develop an understanding on how public international law are and can be enforced in municipal courts.

To discuss and analyze recent trends and developments in public international law.Session Main Topics Sub Topics

Session- 1 Introduction to International Law and International Relations

Evolution of International Law and International Relations Present International Order State Sovereignty and the UN System

Session-2Relationship between International Law and Municipal Law

Sources of Lawo Sources of Municipal Lawo Sources of International Law

Application (Domestication) of International Law in Nepali Courts

Subjects of International Law

Session-3 The Law of Treaties

Formation of Treaties Reservations of Treaties Application of Treaties Interpretation of International Treaties Invalidation, Termination of Treaties Treaties and Jus cogens

Session-4 Jurisdiction of State

Civil Jurisdiction Criminal Jurisdiction Extraterritorial Jurisdiction Concurrent Jurisdiction Extradition

Session-5 Immunities and Privileges of State and Diplomats

State Immunity Diplomatic and Consular Relations Law

o Immunities and Privileges of International Organizations and their Officials

o Immunities and Privileges of Foreign Diplomats

Session-6 International Aviation Law Air Law Applicable International Rules in Regard to Air Law Nepali Legislation Relating to Air Law

Session-7Law of Access to Sea and the Rights of the Land Locked Countries

Law of the Sea and Land Locked Countries United Nations Convention of the Law of the Sea Transit Agreement Between Nepal and India Rights of Landlocked Countries in GATT 94

Session-8 International, Regional and Bilateral Organizations and Institutions

The UN System The WTO The World Bank and the International Monetary

Fund SAARC

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BIMSTEC Bilateral Institutions

o Bilateral Trade Agreementso Bilateral Investment Agreementso Double Taxation Agreements

Session-9 Settlement of International Disputes

Peaceful Settlement of International Disputes The International Court of Justice The Dispute Settlement Mechanism in the WTO International Tribunal for the Law of the Sea International Commercial Arbitration (ICSID,

UNCITRAL, ICC) International Negotiations and Diplomatic

Protection Challenges to and Recognition and Enforcement of

International DecisionsReferences

1. A. Cassese, International Law (Oxford: OUP 2001).2. D. B. Hollis, ed., The Oxford Guide to Treaties, (Oxford: OUP 2012).3. Harris, Cases and Materials on International Law (7th edn, 2010)4. James Crawford, Brownlie's Principles of Public International Law, (Oxford: OUP 2012).5. Kishor Kumar Gharti Chhetri, PhD, US-USSR Relations During Gorbachev Era, Tribhuwan

University.6. Kishor Uprety, The Transit Regime for Land Locked States, (The World Bank 2006)7. Lori F. Damrosch eds., International Law, Cases and Materials (New York: West Publishing 2001).8. M. Evans (ed), International Law (Oxford: OUP 2010).9. Malcolm N Shaw, International Law, (Cambridge: CUP 2008)10. Palmer D. Norman et. al., International Relations (Delhi: AKTBS Publishers 1997).11. Papp S. Daniel, Contemporary International Relations for Understanding, New York: Macmillan

Publishing Company 2006)12. Rosenne, The Law and Practice of the International Court, 1920-2005 (2006).13. W. M. Reisman, Systems of Control in International Adjudication and Arbitration. Breakdown and

Repair. (1992).14. Zimmermann et al, The Statute of the International Court of Justice: A Commentary (2006).

Table of CasesCase Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) [1986] ICJ Reports 14.Barcelona Traction (Belgium v Spain) [1970] ICJ Reports 3.Asylum Case (Colombia/Peru) [1950] ICJ Reports 266.Haya de la Torre Case (Colombia/Peru) [1951] ICJ Reports 71.Liechtenstein v. Guatemala, Nottebohm, [1955] ICJ Reports.The S.S. Lotus (France v. Turkey), 1927 PCIJ (Ser. A) No.10Mavrommatis Palestine Concessions (Greece v Great Britain) PCIJ Series A No 2, 11.North Sea Continental Shelf Cases (Federal Republic of Germany v Denmark; Federal Republic of Germany v Netherlands) [1969] ICJ Reports 3.Case Concerning United States Diplomatic and Consular Staff in Tehran (USA v. Iran), Judgment, [1980] ICJ Reports.GabcikovoNagymaros Project (Hungary v Slovakia) [1997] ICJ Reports 7.

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Reparations for Injuries Suffered in the Service of the United Nations (Advisory opinion) [1949] ICJ Reports 174.Maritime Delimitation and Territorial Questions (Qatar v Bahrain) (Jurisdiction and Admissibility) [1994] ICJ Reports 112.Reservations to the Genocide Convention (Advisory Opinion) [1951] ICJ Reports 15.Gyan Raj Rai v Secretariat Council of Ministers, Decision Date 2058/12/8, Writ No 2651 of 2057 BS.Bal Krishna Neupane v. Prime Minister Girija Prasad Koirala and others, Supreme Court Bulletin 2049, Volume 11, p. 1.J. Grabel Campbell v. Labour Court Kathmandu and Others, 2 NKP 226 (2065).Prakash Mani Sharma and others v. Ministry of Women, Children and Social Welfare and Others, 8 NKP 999(2065).Rajaram Dhakal v Office of the Prime Minister 9 NKP 781 (2060).Rama Panta Kharel and others v. Office of the Prime Minister and Council of Ministers and others , 4 NKP 398 (2065).Tamding Dorge Tuladhar v. District Administration Office Kathmandu, 3 NKP 360 (2065).Bir Maya Gurung v. Saudi Arabian Airlines Corporation, Writ No. 3039 of 2054 Dhan Maya Tamang v. Saudi Arabian Airlines, Writ No. 2496 of 2054. Niranjan Koirala v. Thai Airways, 126 F. 3d 1205 (CA9 1997), US District Court, Northern District of California dated July 31, 1996, No. C-94-2644 SC Consolidated with No. C-95-0082 SC.Tunga Shumsher v. Indian Airlines, 9 NKP 179 (2024).Mina Kumari Thapa v. Thai Airways Company Ltd., Lawsuit No. black 12497/2537 and Lawsuit No. red 11384/2540, His Majesty the King, Civil Court, June 12 B.E. 2540 Civil Suit.

Table of Statutes/ConstitutionThe Interim Constitution of Nepal 2007.Nepal Civil Aviation Authority Act 1996.Civil Aviation Act 1958.Civil Aviation Regulation, 2058,Civil Aviation (Investigation of Accident) Rules, 2024,Airport Charges Rule, 2038 (4th Amendment, 2061),CAAN Financial Administration Facility, Service and Conditions Regulations, 2056 (Amendment, 2063),The Aviation Policy, 2063 etc.Nepal Treaty Act 1990.Foreign State and Diplomatic Representative Privileges and Immunities Act 1970.Training Course submitted by the Experts Committee for the preparation of course on International Law and Relation; Private International Law; Practice; Legal issues.

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Training Course: Public Policy, Policy Research and Policy Advocacy


To provide knowledge on public policy To identify key issues of public policy To update knowledge related to policymaking and law making in Nepal To familiarizes with methods of conducting policy research communication and advocacy


Session- 1 Concept of public policy Understanding Public Policy (what is public policy and

how it is different than general policy) Policy Cycle

Session-2 Policy Analysis Mode of Policy Analysis Policy Analysis for Democracy Policy Analysis as Critique

Session-3 Evaluation and Instruments The politics of Policy Evaluation The Instruments of Public Policy

Session-4 Policy Research • Nature of policy research• Research questions

Session-5literature review, sources of information and research methods

• How to conduct a literature review and evaluate different sources of information

• Some examples of qualitative and quantitative and when it is appropriate to use them

Session-6 Research reporting • Presentation and reporting of research

Session-7 Policy Advocacy Defining Policy Advocacy Different Approaches to Policy Advocacy

Session-8 Effective Policy Advocacy The foundations of Effective Policy Advocacy

Session-9 Appraisal of Policy Advocacy Fuss and Flaws of Policy Advocacy Framework to Policy Advocacy

ReferencesMoran, M., Rein, M., & Goodin, R. (eds.). (2006). The Oxford Handbook of Public PolicyGilson, L., Mcintyre,D., .(2008). Interface between Research and Policy: Experience from South Africa Social Science & Medicine pp. 67- 74. Nagel, S.S., .(2002).Handbook of Public Policy Evaluation :Chapter 20 - Policy Theory - Sage Research Methods Robert L., Miller, J., Brewer, D., (2003). The A-Z Research- Policy Research, Sage Research Methods Gupta K., (2012). Comparative Public Policy: Using the Comparative Method to Advance Our Understanding of the Policy Process. The Policy Studies Journal, Vol.40, No S1.Young E., and Quinn, L., (2012). Making Research Evidence Matter- A Guide to Policy Advocacy in Transition Countries, Open Society Foundations Fuss, Flaws and Frameworks- A Case for Commitment to Advocacy Planning.(2012). Meta Brief 1- International Center for Policy Advocacy

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Training Course: Public Procurement LawObjectivesThe objectives of the course include as follows:

To enhance knowledge on concept of Public Procurement and related Laws To update knowledge on models of Procurement To broaden skills in dealing with Public Procurement related cases.


Session-1PUBLIC PROCUREMENT LAW: BASIC CONCEPTS AND PRINCIPLES

In this unit, the following topics will be covered: Objectives of the public procurement regulations Value for money Integrity Accountability Probity Social development Procedural efficiency The interrelationship between the above objectives The principles of transparency, competition and

efficiency.

Session-2UNCITRAL MODEL LAW ON PROCUREMENT OF GOODS AND CONSTRUCTION AND SERVICES

How the objectives and principles discussed in Unit I is implemented by UNCITRAL Model Law.

The main rules of UNCITRAL Model Law: Scope of public procurement rules Procurement methods for goods, construction and

services (including professional services) Procurement methods for goods, construction and

services (including professional services) Procurement methods for goods, construction and

services (including professional services) Bid evaluation Conclusion of contracts Supplier review (bid challenge/remedies)

Session-3 PUBLIC PROCUREMENT LAW IN NEPAL

Public Procurement Act Key provisions of Public Procurement Act What is substantively responsive bid? Challenge of bid awards and remedies Electronic Procurement, supplier list and

framework agreements. Emergency Procurement. Comparison UNCITRAL Model Law on Public

Procurement and Public Procurement Act.Session-4 ORGANIZATION AND MANAGEMENT

OF PUBLIC PROCUREMENT SYSTEM Issues relating to the setting up and management of

public procurement systems. The necessary institutional structures (such as

whether to use centralised and decentralised approaches to tasks and institutions, and the nature of policy and review authorities.

47

Implementation issues, such as bid documentation and use of benchmarking and performance.

Recording/reporting requirements, and management of information systems.

Development of human resource capacity.

Session-5 PRIVATELY FINANCED INFRASTRUCTURE PROJECTS (PFI)

The concept of Private Finance. It refers to the following situation where:

the government is responsible for a service or facility which involves the use of significant buildings or other assets; and

the management of the service or facility for which the government is responsible is entrusted to the private sector, and

the private sector provides the capital for the project. The objectives and benefits of Privately Financed

Infrastructure Projects. What is Public Private Partnership (PPP)? Types of PPP: Build-own-maintain (BOM) Build-own-operate (BOO) Build-develop-operate (BDO) Design-construct-manage-finance (DCMF) Design-build-operate (DBO) Design-build-finance-operate (DBFO) Buy-build-operate (BBO) Lease-own-operate (LOO) or Lease-develop-operate

(LDO) Wrap-around addition (WAA) Build-operate-transfer (BOT) Build-own-operate-transfer (BOOT) Build-rent-own-transfer (BROT) Build-lease-operate-transfer (BLOT) Build-transfer-operate (BTO)

Session-6 (PFI)

Procurement of PFI-Type projects: Provisions of UNCITRAL Model Legislative Provisions

on Privately Financed Infrastructure Projects. Provisions of UNCITRAL Legislative Guide on Privately

Financed Infrastructure Projects (2001). Provisions of Private Financing in Build and Operation

of Infrastructures Act, 2006. The World Bank and International Finance Corporation

provision on Privately Financed Infrastructure Projects. Session-7 GOVERNMENT PROCUREMENT UNDER

WTO Provisions of WTO’s plurilateral Agreement on

Government Procurement. Why is the Agreement on Government Procurement of

WTO a plurilateral agreement?

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Session-8 CORRUPTION AND COLLUSION IN PUBLIC PROCUREMENT

Different types of corrupt practices in public procurement.

International and domestic measures to combat corruption in public procurement.

The United National Convention against Corruption The role of Commission for Investigation of Abuse of

Authority and Central Vigilance Commission

Session-9 Court CasesReferences

49

Training Course: Sports LawObjectives The objectives of the course include as follows:

To study the different aspects of sports law To faimilier with policy and law related with drug testing to enhance knowledge on internatonal sports rules and regulation To study the legal structure of different institutional arragements


Session- 1 Introduction The Sports Industry Professional Sports Leagues Sponsorships, Licensing, and Merchandising

Session-2 INSTITUTIONS

The Olympics Organizational Structure International Federations and National Governing Bodies International Olympic Committee Responsesto Prevailing

Legal Issues

Session-3Application of Tort Law to Sports

Liability of Participants Liability of Coaches and Teachers Failure to Provide Adequate Supervision Failure to Provide Proper Instruction and Training Failure to Provide Prompt and Capable Medical Assistance Liability of Administrators, Schools, and Athletic Organizations

Session-4 Athletic Associations Introduction The Nepal Olympic Committee National Sports Council Other Athletic Associations

Session-5 The Athlete and Constitutional Law

Athletic Associations and Constitutional Issues State Action Requirement Due Process Procedural Due Process Substantive Due Process Equal Protection Alcohol, Drug, and Conduct Rules

Session-6 Drug Testing and Policies

Legal Principles in Drug Testing Constitutional Law Contract and Labor Law Drug Policies and Legal Challenges

Session-7

Olympic and International Sports Professional Sports National Football League National Cricket Association National Football League Professional Golf Association Women’s National Football Association

Session-8 Principles of Contract Law

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Formation of a Contract Offer /Acceptance/ Consideration /Legality /Capacity Conditions of a Contract /Statute of Frauds/ Assignment and

Delegation of a Contract / Breach of Contract /Remedies for a Breach of Contract

Types of Athletic Contracts Standard Player Contract Reserve or Option Clause Player Exclusivity / Assignability / Bonus Clauses / Health

Regulations Sponsorship Rights /Indemnification / Right to Terminate

Session-9

Athletes, Violence, and Criminal Law Defining a Crime Player-against-Player Violence Player and Fan Violence Player-against-Official Violence Off-the-Field Criminal Conduct Solutions to the Problem of Sports Violence Governing Body Control Government Regulation Illegal Gambling Professional Sports and Gambling

References1. Glennm Wong 2010, Essentials of Sports Law, Fourth Edition, PRAGER2. Richard Parrish 2003, Sports Law Policy in the European Union, Manchaster University Press

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Training Course: Torture and Criminal LawObjectivesThe objectives of the course include as follows: To introduce the trainees about the meaning, concept, types and purpose , of torture. To give knowledge to the trainees about the historical account of torture. To discuss with the trainees about torture practice in police custody and custody under the quasi

judicial bodies like CDO, Forest authority, Revenue authority etc. To impart knowledge to the trainees about the torture which are generally inflicted by the state

authority to the oppositions To find out the causes of torture which are inflicted to the persons who are arrested for investigative

purposes To impart knowledge to the trainees about the national and in ternational instruments relating to

torture. To give information to the Victims about Rehabilitation Programs for the Victims of torture managed

by the Government and non- government agencies. Session Main Topics Sub Topics

Session- 1 Introduction of Torture

Definition of torture Historical facts about torture Types of torture Purpose of torture Consequences of torture.

Session-2 Historical Account of Torture

Torture Practice in some of the Countries: The United Kingdom The USA The Philippines India Srilanka Pakistan Bangladersh History of Torture in Nepalo Kirat Periodo Lichhavi Period Malla Period Shah Period before the Pre- Rana Period Rana Period Shah Period After Shah Period to present day

Session-3 International Instruments on Torture

Right against Torture under UDHR.ICCPR, Convention against Torture,1984. Protocol on Convention against Torture, 2002 UN Treaty Bodies on Torture. CRC, 1989 State Parties Obligations.

Session-4 Legal Provisions relating to Torture in Nepal

Constitutional provisions Legal Provisions Muliki Ain ( Country Code) Chapter Of Beritsanga Thunneko

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Mahal., Nos. -1, 2, 3,4,5, 6 and 7. Torture Compensation Act, 2053 B.S. Human Rights Commission Act, 2053

Session-5 Role of Different Institutions to Stop Torture

Role of judicial bodies. Role of quasi-judicial bodies. Role of Police Role of Public Prosecutor Role of Private Lawers Role of National Human Rights Commission. Role of Health professionals Role of Medico-Legal Professionals. Role of Media Role of Political parties Role of Civil Society. Role of International community Role of United Nations Role of Special Rapporteur on Torture UN Special Rapporteur on Extra-judicial Killings and Arbitrary

Executions.

Session-6 Role of Judiciary Role of Judiciary on Prevention of Torture

Session-7 Justice to the Torture Victims Justice to the Torture Victims under the Criminal Justice

System of Nepal.

Session-8 International Tribunals.

Introduction Lawful Sanctions The International Criminal Court

Session-9 Rehabilitation Programs Rehabilitation Programs for Victims of Torture. ReferencesPrescribed Reading Materials:A) CONSTITUTIONS AND LEGISLSTIONS His Majesty’s Government of Nepal, The Interim Constitution of Nepal 2007 (2007).-----------, The Constitution of Nepal, 1962. -----------, Ministry of Law, Justice and Parliamentary Affairs, Law Book Management Management Board, The Constitution of the Kingdom of Nepal 1990. -----------, The Interim Constitution of Nepal 2007_______, Army Act, 2063-----------, Civil Liberties Act,2012BS (1955). -----------, Evidence Act, 1974. -----------, Extradition Act, 1988. -----------, Human Rights Commission Act, 19...-----------, Military Act, 1959. -----------, Nepal Treaty Act, 1991.-----------, Muluki Ain, 2020 (Country Code, Nepali version).-----------, Police Act, 1955.

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-----------, Public Security Act, 1989. -----------, Some Public ( Offence and Punishment) Act,2027,( 1970). -----------, State Cases Act, 1993. -----------, Summary Proceedings Act, 1972. -----------, Terrorist and Disruptive (Prevention and Punishment) Act, 2002.-----------, The Children Act, 1992. -----------, Torture Compensation Act,2053,(1996).-----------, The Prison Act, 1963.National Human Rights Commission, National Human Rights Commission ( Complaints, Actions and Determination of Compensation ) Rules, 2057 ( 2000)

(B) BOOKSAccess to Justice and Advocacy of Rights (AGAR), Kathmandu: Human Rights Standards on Criminal

Justice. 2061(BS),Centre for Legal Research and Resource Development, (CeLRRD) Analysis of Reform of the Criminal

Justice System in Nepal, Kathmandu: 1999.Centre for Victims of Torture, (CVICT), Omeren, Mark Van, et al. Addressing Human Rights Violation: A

Public Mental Health Perspective on Helping Torture Survivors in Nepal, Kathmandu: 2001.Gandhi, D.R. (ed.), Blackstone’s International Human Rights Documents, New Delhi: Universal Law

Publishing Company Pvt. Ltd., 1999.Informal Sector Service Centre (INSEC), (ed.) Dipendra Prashad Pant et. al., Profile of Disappeared

Persons: Profile of the persons subjected to enforced disappearances during armed conflict in Nepal (From February 13, 1996 to November 5, 2006), August 29, 2011.

----------, Impaired Accountability: State of Disappearance in Nepal A Brief Assessment of Implementation of UN WGEID Recommendations, August, 2008.

Kaplan, H.I. and Sadak, B.J., (eds.) Substance Abuse Counseling: An Individualized Approach, California: Brooks/Cole Publishing Company, Pacific Grove, 1989.

Keeling, Stephen J. & Bhattarai, Rabindra (eds); Nepal's Penal System: An Agenda For Change; Kathmandu: CVICT, 2001.

Marcussen, H. and Rasmussen, O.V. (eds.) Examining Torture Survivors Articles and Guidelines. (adopted lectures from a working seminar held by the Danish Medical Group in September 1987), ICRT, Copenhagen and the Danish Medical Group, Denmark: Amnesty International, Copenhagen, 1991.

Modi, N. J., (ed.), Modi’s Textbook of Medical Jurisprudence and Toxicology (17th ed.), Bombay: N.M. Tripathi, Pvt. Ltd., 1969.

National Human Rights Commission, (NHRC), Nepal, Conflict Human Rights and Peace Challenges Before Nepal, Kathmandu: 2003.

Bhattrai, Rabindra, Phaujadari Nyayama Yatana Birudhhako Hak, (in Nepali version ),Kathmandu: Centre for Victims of Torture (CVICT), 1999.

Rangarajan, L.N., (ed.) and translator, Kautilyako Arthashastra, New Delhi: Penguin Books India Private Limited, 1992.

Shah, Rishikesh Ancient and Medieval Nepal, Kathmandu: Ranta Pustak Bhandar, 1992.Sharma, Bhogendra and Van Ommeren, M., Preventing Torture and Rehabilitating Survivors in Nepal,

Tanscultural Psychiatry Organization, (TPO) March 1998.Bhogendra Gurain, Indelible Scars, Kathmandu: Center for Victims of Torture (CIVICT), 1998, p. 78.Shrestha, and Sharma, Torture and Torture Victims, Center for Victims of Torture, 1994.Shrestha, Nirakar Man and Sharma Bhogendra, Torture and Torture Victims: A Manual for Medical

Professionals, Kathmandu:1994.

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-----------, A Study of Torture Survivors in Centre for Victims of Torture (CVICT), Kathmandu: Nepal Medical, Association, 1995.

Staehr, A. et.al. Treatment of War Victims in the Middle East, Denmark: ICRT, Copenhagen, 1993.

(C) ARTICLES Bhattrai, Rabindra, “Torture in Nepal: A Legal Perspective.” Voice, Against Organized Violence, A

quarterly publication of Centre of Victims of Torture, Nepal, July 2001.Gauri Pradhan, “Human Rights Situation in Nepal Status in Need” Voice Against Organized Violence,

Issue No. 4, Kathmandu: CVICT, Nov. 1992.Khanal, Shambhu, P., “Situation of Torture in Nepal: An Overview of Legal Framework and

Implementation Aspect” Nepal Law Review, Vol.16 No. 1&2. Kathmandu: Nepal Law Campus, Faculty of Law, TU. 2003.

Madhav Kumar Basnet, “Nirdesanatmak Adashka Barema Ek Prakkathaniya,” (in Nepali ) Kanoon, Vol. 4., Kathmandu: Lawyers Club, 2002.

Rasmussen, O.V., “Medical Aspects of Torture” Denish Medical Bulliten, Vol. 37, Suppliment No. 1, January 1990.

Sharma, Hemanga, "Nepalma Yatana Ra Kanoon Byabasaiko Daitwa," Smarika, Jhapa: District Court Bar Association, 2004.

Roselyn, S.R, “Tell the Prisoners that they are Prisoners no More,” Voice, Issue No. 12, Kathmandu: Centre for Victims of Torture, (CVICT) 1995.

(D) REPORTS/GENERAL COMMENTSAmnesty International, AI Index: ASA 31/155/2004: A Report on “Nepal Escalating Disappearances amidst a Culture of Impunity.” -----------, Amnesty International Report, 2000 -----------, Amnesty International Report, 2001-----------, Amnesty International Report, 2002Asian Centre for Human Rights, Torture in Nepal, A Case for Investigation by CAT, A Shadow Report to

the UN Committee Against Torture, 1998.Asian Legal Resource Centre, An edited text of a supplementary document prepared by the 35th Session

of the UN Committee against Torture, in consideration of Nepal, November 2005.Bureau of Democracy, Human Rights and Labor Nepal, A Country Report on Human Rights and Practices

2001, Washington D.C.: U.S. Department of State, March 2002. CAT Alternative Report 2004, Presented by Government of Nepal, Kathmandu: Ministry for the Home

and Affairs, 2004CAT Alternative Report 2004, Nepal: Torture is Morally ,Legally & Politically Wrong; Conclusions and

Recommendations of the Committee against Torture: Nepal.13/04/2007; CAT/C/NPL/CO/2. (Concluding Observations/Comments).

Consideration of Reports submitted by States Parties under Art. 19 of the Convention against Torture (CAT), Convention, Conclusions and Recommendations of the Committee against Torture against Torture: Nepal, Thirty–fifth Session,7-25Nov. 2005, Committee against Torture(CAT/C/NPL/CO/2),13 April 2007.

Centre for Victims of Torture, (CVICT) Concluding Observation of the Committee against Torture, Nepal, 12/06/94.

----------, Reports of Prison Visits, Kathmandu. 2000.Ge, CAT/C/GC/2; 24 January 2008; Original: English; Committee against Torture; Convention against

Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; General Comment No.2 E/CN.4/2006/6/Add. 5.

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GE/CN.4/2004/NGO/128, 8 March 2004: United Nations Economic and Social Council; Commission on Human Rights, Sixtieth Session, Item 11 (a) of the provisional agenda; Civil and Political Rights: Torture and Detention: written statement submitted by the South Asia Human Rights Documentation Centre (SAHRDC), a non-governmental organization in special consultative status.

General Comment No. 2/24 January 2008; CAT; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 24 January 2008; Committee against Torture; Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; General Comment no. 2

Human Rights Resolution 2005/78 ( Technical cooperation and advisory services in Nepal) , Commission on Human Rights (E/CN.4/Res/2005-78), 20 April 2005

Nowak, Manfred, Report by the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, E/CN.4/2006/6/Add.5, January 2006

Nepal Law Society, A Report on South Asia Seminar on the Prevention of Torture, held on Sep. 8-9, 2000, organized by Nepal Law Society, Kathmandu, 2001.

Report by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak, Mission to Nepal, Commission on Human Rights, Sixty-second Session (ECN.4/2006/6/Add.),9 January 2006.

Report of the Office of the United Nations High Commissioner for Human Rights on its activities in Nepal, including technical cooperation. Commission on Human Rights (E/CN.4/2005/114),31 January 2005

Report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office, including technical cooperation, in Nepal, UN Human Rights Council, Session (A/HRC/4/97),17 January 2007

Report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office, including technical cooperation, in Nepal, Addendum, visit of the High Commissioner to Nepal, UN Human Rights Council, Fourth Session(AHRC/4/97/Add.1), 6 March 07

Report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office, including technical cooperation, in Nepal, Addendum, visit of the High Commissioner to Nepal, UN Human Rights Council, (A/HRC/7/68), 18 February 2008

Report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office, including technical cooperation, in Nepal, Commission on Human Rights, Sixty-second Session (E/CN.4/2006/107), 16 February 2006

Report of the Secretary–General on the request if Nepal for United Nations assistance in support of its peace process, UN Secretary Council (S/2008/454), 10 July 2008.

Report of the United Nations High Commissioner for Human Rights on the Situation of Human Rights and the Activities of Her Office, including Technical Cooperation in Nepal, UN. GA ( A/60/359), 16 Sep 2005.

Somnier, F. and Kastrup, M., Psychotherapy with Torture Survivors: A Report of Practice from the Rehabilitation and Research Centre for Torture Victims (RCT), Copenhagen, Denmark. 1992.

Dr. Shambhu P. Khanal, National Consultant of National Human Rights Commission, (NHRC) and Danish Institute for Human Rights( (DIHR), “A Report on Training Workshop on UN Human Rights Reporting under Convention against Torture.” Held on 24 to 28 March, 2003, Kathmandu.Informal Sector Service Centre (INSEC), Nepal Human Rights Year Book, 1997. -----------, Nepal Human Rights Year Book, 1998.-----------, Nepal Human Rights Year Book, 1999.

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-----------, Nepal Human Rights Year Book, 2005-----------, Nepal Human Rights Year Book, 2006.-----------, Nepal Human Rights Year Book, 2007.-----------, Nepal Human Rights Year Book, 2008.-----------, Nepal Human Rights Year Book, 2009-----------, Nepal Human Rights Year Book, 2010

(E) INTERNATIONAL INSTRUMENTSUnited Nations Information Agency, USA, Charter of the United Nations, 1945.-----------, Commission on Human Rights Resolution 2002/38.-----------, Convention against Torture 1984.-----------, Convention on Elimination of Discrimination against Women 1979.-----------, Convention on Elimination of All Forms of Racial Discrimination 1965.-----------, Convention on the Rights of the Child 1989.-----------, Covenant on Civil and Political Rights 1966.-----------, UN Declaration on Civil and Political Rights 1966.-----------, Universal Declaration on Human Rights 1958.-----------, International Covenant on Civil and Political Rights 1966-----------, Optional Protocol to the International Covenant on Civil and Political Rights 1966----------, Standard Minimum Rules for the Treatment of Prisoners 1955Basic Principles for the Treatment of Prisoners.(Adopted and proclaimed by General Assembly resolution of 45/111 of 14 December 1990).Body of Principles for the Protection of All Persons under any form of Detention of Imprisonment. (Adopted by General Assembly resolution 43/173 of 9 December,1988.Declaration of the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or degrading Treatment or Punishment. (Adopted by General Assembly resolution 3452(XXX) of 9 December 1975.) Principles of Medical Ethics relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (Adopted by General Assembly resolution 37/194 of 18 December 1982)Code of Conduct for Law Enforcement Officials.( Adopted by General Assembly resolution 34/169 of 17 December 1979. Basic principles on the Use of force and Firearms By Law enforcement Officials.(Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September1990. Basic Principles on the Role of Lawyers.( Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September1990.Guidelines of the Role of Prosecutors. Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September1990.United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules),(Adopted by General Assembly resolution 45/110 of 14 December 1990).Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. ( Adopted by General Assembly resolution 940/34 of 29 November 1985).

Basic Principles on the Independence of the Judiciary(Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/46 of 13 December 1985.

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(F) WEBSITESwww: insec.org.npwww.katmanduonline.com; www.kantipuronline .com/kol news.php & nid=42324.www.icrc.orgwww.ohchr.org(http://www.achrweb.org/reports/india/JJ-J&K-2011.pdf)

Kaantipur Online, 1 May 2005: Detainees Falling Sick at Kharipati. (H) JOURNALS/ MAAGAZINES/BULLETINSSupreme Court, Nepal, Nepal Kanoon Patrika (NKP), (different volumes).-----------, Supreme Court Bulletin (different volumes).Centre for Victims of Torture, (CVICT), Kathmandu, Issue No. 6. May 1993.-----------, Voice Against Torture, Issue No. 17. Sep. 1996.-----------, Voice Against Torture, Issue No. 12, June 1995.-----------, Voice Against Torture, Issue No. 20, Sept. 1999.-----------, Voice Against Torture, Issue No. 24 Feb. 2003-----------, Voice Against Torture, Issue No.30. Dec. 2006.-----------, Yatanamukti, 2050 (BS) Falgun.-----------, Yatanamukti, 2051 (BS) Falgun.----------- ,Yatanamukti, Year 7. No. 1, 2054 Ashar-Shravan. Faculty Law, Tribhuvan University, Nepal Law Review, Vol.16, No. 1&2, Kathmandu 2003.Informal Sector Service Centre, INSEC, Kathmandu, Informal, Vol. 11, No. 1. Jan. 2000.

i) Nepalese Court Cases relating to Torture.

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http://www.achrweb.org/reports/india/JJ-J&K-2011.pdf

Training Course: Transitional Justice


To study the concept of TJ To familiarize with the truth commission To study the different aspect of TJ


Session- 1 Introduction to transitional Justice

Origins of transitional justice Concept of transitional justice

Session-2 Overview goals of transitional justice

Attempt of T.J to accomplish Goals of TJ

Session-3 Justice as truth and reconciliation

Truth vs justice Reconciliation ,truth telling

Session-4 Amnesties Amnesties

Session-5 Justice as criminal accountability Peace vs justice TJ as war Justice

Session-6 International criminal court Structure and composition Jurisdiction

Session-7 International tribunals Nuremberg and Tokyo Trial ICTR ICTY

Session-8 Audio Visual Audio Visual

Session-9 Court CasesList of cases are available in Transitional Justice and Right to a Remedy, Supreme Court Jurisprudence in Nepal, 2012, ICJ, NBA.

ReferencesInternational center for transitional justice, ''what is Transitional Justice?"Kerr and Mobekk," peace and Justice: an introduction 1-17 pagesUnited nations Security Council .report of the secretary –general on the rule of law and transitional justice in post conflict societies (2004/616)Lenbaw, bronwynAnne'' the irreconcilable goals of Transitional justice". Human rights Quarterly 30, February 2008; 95-118Aukerman,miriamj.''extra ordinary evil,ordinary crime : a framework for understanding transitional Justice .Harvard human rights journal spring 2002 40-97Transitional Justice and Right to a Remedy, Supreme Court Jurisprudence in Nepal,2012,ICJ, NBA.

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Training Course: Victomology

ObjectivesThe objectives of the course include as follows: Impart the knowledge about various aspects of victimology Acquaint with right of crime-victims Make aware on the role of crime-victims in criminal procedures and the problems of Criminal

Justice System for enhancing the issues of crime-victims Enable to understand the origin and conceptual values of Victim Justice System and some landmark

decision made by Supreme Court of Nepal regarding the issues of crime-victimsSession Main Topics Sub Topics

Session- 1 Conceptual Development of Victimology

Meaning and definition of Victimology Evolution and conceptual development of Victimology Victimological development in Nepal

Session-2 Meaning and definition of crime-victims

Definition of crime-victims Kinds of crime-victims

Session-3 Rights of crime-victims

Rights of crime-victimso Human rightso Fundamental rights

Role of crime-victims in criminal justice system Victims witness assistance and protection

Session-4 Justice System

Natural justice Restorative justice Distributive justice Criminal justice Victim justice

Session-5 Nepalese perspectives on the victims' issues

Constitutional provisions Statutory provisions

Session-6 Role of State agencies towards victims

Role of Police in investigation Role of Government attorney in prosecution Role of court regarding the issues of victims in criminal

proceduresSession-7 Legal Aid Legal aid towards victims' issues

Session-8

A study on Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Powers, 1985

A study on Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Powers, 1985

Session-9 Landmark decisions made by Supreme court of Nepal

Krishna Bahadur Lama vs. HMG. Cr. Appeal No 5257/059 (On 2061-9-6)

Bhim Bahadur Oli vs. HMG, Writ 3394/061 (On 2062-10-18)

HMG. vs. Jugta Sada, Cr. Appeal No 2291/057 (On 2062-12-7)

HMG. vs Ansail Miya, Cr. Appeal No 34422/062 (On 2064-1-14)

Budhi Bahadur Praja vs. HMG, Writ 3448/063 (On 2065-1-30)

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Jagdish Thapa vs. HMG. Writ No 3326/063 (On 2065-1-30)

References1. Shrestha, Dr. Shankar Kumar, A step towards Victime Justice System, Pairavi (2001)2. Shrestha, Dr. Shankar Kumar, A step towards Victime Jurisprudence (2062BS)

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Training Course: Water LawObjectives The objectives of the course include as follows:

To make participants familiar with emmerging principles of water law, national and international water law and their implementation

To update Judicial approach on water rights To enhance skills by learning in some practical cases on water conflicts.


Session- 1 General Introduction to water and Water Law

Notion and Purpose Importance of Water Law source of Water Law

Session-2 General Principles of Water Law General Principles of Water Law

Session-3 Theory of Water right: concept and recent development

Classical Theory Territorial Sovereignty Theory Modern Theory The Human right to water

Session-4 Ownership and Use of Water Resources

Principle of imminent domain Limitation of Water Rights Priority of Water Use

Session-5 Water Related Laws in Nepal

Water pollution Related Laws Use related laws hydro power related

Session-6Norms and principle international law on Shared River

Norms and principle international law on Shared River

Session-7 Indo Nepal Water Relation: Riparian Rights

Kosi Agreement Gandak Agreement Mahakali Agreement

Session-8Institutional mechanism on implementation of water law and ensuring water rights

Institutional mechanism on implementation of water law and ensuring water rights

Session-9 Role of Judiciary for ensuring water righs

Selected Cases will be provided later

References1. Chhatraprati Singh, Water Rights and Principles of Water Resources Management, ILI, India2. Rajendra Pradhan, Water Rights Conflicts and Policy, IIMI3. Rajendra Pradhan et.el, Water, Land and Law, Changing Rights to Land and Water Law in

Nepal, FREEDEAL4. Dina Mani Pokharel, the Water Rights, Annual Survey of Nepalese Laws, Nepal Bar Council, 20045. Dinaq Mani Pokharel, Water Laws in Nepal, Annual Survey of Nepalese Laws, Nepal Bar Council,

2002

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6. Surya Nath Upadhaya and Dina Mani Pokharel, Our Rights and Duties over Water, Reseoucres , Development Organization,

7. Surya Nath Upadhaya, International Water Courses Law and Perspective on Nepal India cooperation, Ekta Books Distributors(2012)

8. The Mahakali Treaty9. India Nepal Koshi Project Agreement.10. Nepal India Gandak Irrigation and Power Project Agreement11. Helsinki Rules on International Rivers12. Water Resources Act13. Electricity Act

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Training Course: Writ Jurisduction and PIL


To explain the grounds of different writs. evaluate the efficiency & Judicial practices of PIL, To understand the Judicial activism in relation to Judicial self-restraint, To study the concept of precedent, To identify precedents by locating ratio decidendi.


Session- 1 Writ Remedies Concept of Full Justice Writ of Habeas Corpus

Session-2 Writ Remedies Writ of Mandamus

Session-3 Writ Remedies Writ of CertiorariSession-4 Writ Remedies Writ of Quo warrantoSession-5 Writ Remedies Writ of ProhibitionSession-6 Writ Remedies Injunction

Session-7 PIL and Judicial Activism

Concept of PIL & Judicial activism Controlling prespective misuse of PIL & Judicial

activism Constitutional & Legal mandates

Session-8 Other appropriate order Meaning and nature of order

Session-9 Doctrine of Precedent

Concept of precedent Ratio decidendi and obites dicta Recognition of precedent in different legal system

ReferencesH.W.R. Wade et.al, Administrative Law, Clarender Press Oxford Judge Kalyan Shrestha , "Judicial Activism and Nepalese Experiments "Nayadoot English Special Issue (1998) P.J. Fitzgerald, Salmond On Jurisprudence, Tripathi 3.Benjamin N.Cardojo, The Nature of the Judicial Process, Yale University Press, Universal 1995

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Training Course: WTO and Multilateral Trading System The objectives of the course include as follows:

To develop of major agreements of WTO To strengthen skills dealing with cases following under the multilateral trading regime


Session- 1 Introduction and Historical Background of WTO

Introduction to WTO and its establishment Historical Background of WTO Necessity of WTO

Session-2 Organs of WTO

Constitution of WTO Objectives of WTO Activitieso of WTO Membership of WTO Ministerial conferences of WTO

Session-3 Major Aspects of WTO

Equal treatment Most Favoured nation Reciprocity Protection of IPR Dispute settlement

Session-4 Major Agreements of WTO General Agreement on Tarrifs and Trade : GATT 1994Session-5 Major Agreements of WTO General Agreement in Trade in Services

Session-6 Major Agreements of WTO Trade Related Aspects of Intellectual Property Rights

Session-7 Nepal's membership to WTO

Application and commitments for membership Objectives to become Member of WTO Facilities after membership Challenges of membership

Session-8Status of implementation of Commitments in the WTO

Commitments made by Nepal in the WTO Situation of implementation of commitments Potential impacts of implementation

Session-9Implication of WTO Agreements/ Dispute Settlement and Role of Lawyers

Responsibility of becoming membership Settlement of dispute

Roles of Lawyers.

References1. World trade Organisation (2008), Understanding the WTO, 5th edition, WTO Geneva2. World Trade Organisation, Background Material for WTO Training Activities, WTO Geneva.3. World Trade Organisation, The Doha Round Texts and Related Documents, WTO Geneva.4. Jawara Fatoumata, Aileen Kwa, behind the Scenes at WTO: The Real World in International Trade

negotiations, 2003, Zed Books, London5. Surendra Bhandari, WTO and Developing Countries 2002, Deep and Deep Publications, New

Delhi6. 9th Plan, Planning Commission7. 10th Plan, Planning Commission8. Shrestha SK, Niranjan Baral, WTO South Asia and Nepal, 2002, Book Palace Kathmandu9. Antonio SP, Brandao and W Martin, Implications of Agricultural Trade Liberalization for

Developing Countries’ 1993, Agricultural Economics No 8.

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10. Hamilton C and J Whalley, Ivaluating the Impact of the Urguay Round Results on Developing Countries’, the World Economy, Vol 18.

11. Various agreement of WTo12. Ministry of Commerce and Trade, WTO and Nepal’ 2012-12-0313. www.wto.org 14. www.mocs.org.np

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http://www.mocs.org.np/

http://www.wto.org/