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
- Certification Authority
- Controller of Certification Authority
- Online/Electronic Contracts
- Recognition
- 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
Session-8 / Practical / Identifying the role of Computer, functioning of Internet and Digital Signature
Session-9 / Practical / : Identifying the Digital Evidence, Preparation for Collection, Analysis Process.
References
Books:
- Alex Samual and AK Upadhyay, Investigation of Cyber Crimes, Dwivedi and Company Allahbad, 2011
- SK Verma and Raman Mittal [Edt.], Legal Dimensions of Cyber Space, Indian Law Institute, New Delhi, 2004
- Stephen Mason [Edt.], ElectronicEvidence, Lexis Nexis Butterworths, UK, Second Edition, 2010
Journals:
- Babu Ram Aryal, Cyber Jurisprudence: New area of Study, Nyayadoot, Nepal Bar Association, Jeth-Asar, 2069,
- ………., Domain name system: Trademark in Cyberspace, Business Law Journal, Commercial Law Society, 2010
Acts and Regulations
- Electronic Transaction Act, 2006
- Copyright Act, 2000
- Telecommunication Act, 1997
Training Course: Domestic Violence Law
Objectives
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 / Main Topics / Sub Topics
Session- 1 / Domestic Violence : Concept Definition /
- Conceptual Definition of Domestic violence
- Historical Development and recent trends
- Conceptual clarification of Domestic violence
- Causes of Domestic violence
Session-2 / Domestic Violence: nature, classification and impacts /
- Nature of Domestic Violence
- Classification of Domestic violence
- Impact of Domestic violence
Session-3 / Domestic Violence, Human rights and international Instruments. /
- Link between Domestic Violence and human rights
- Key international instrument related to Domestic Violence
Session-4 / National Policy and legal Environment on Domestic Violence /
- Prevailing policies regarding Domestic Violence.
- Prevailing laws regarding Domestic Violence.
- Domestic Violence 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-6 / Mechanism under Domestic Violence Law /
- Complain Filing Mechanism under DV Act
- different procedure of filing Complain/FIR/ Case
- Fine/ Punishment/ Compensation
Session-7 / Role of lawyers to support survivor of DV /
- various provision : in-camera hearing, interim relief, protection, fast track hearing, referral system including psychosocial counseling
Session-8 / Role of lawyers to support survivor of DV /
- Mediation on case of Domestic Violence Law
- Tips for lawyers while sitting for mediation.
Session-9 / Role Play (Practical Sessions: )
How to handle client ( Survivor of Domestic Violence ) /
- Role play by 3/4 participants
- observers/ legal aid lawyers/ judges/survivor/ perpetrator etc.
References
Constitution:
- The Interim Constitution of Nepal, 2063 B.S. (2007 A.D.)
Statutes:
- The Country Code, 1963 A.D.
- The Defamation and Libel Act, 2016 B.S. (1959 A.D.)
- The Gender Equality Act, 2063 B.S. (2006 A.D.)
- The Social Practice (Reform) Act, 2033 B.S. (1976 A.D.)
- The Some Public (Offences and Punishment) Act, 2027 B.S. (1970 A.D.)
- The Domestic Violence (Crime and Punishment) Act, 2066 B.S. (2009 A.D.)
Conventions/ Treaties/ Declarations :
- Universal Declaration of Human Rights, 1948.
- Convention on the Elimination of All Form of Discrimination against Women, (CEDAW) 1979. and its General Recommendation No. 19
- International Covenant on Economic, Social and Cultural Rights, 1966.
- International Covenant on Civil and Political Rights, 1966.
- SAARC Convention on Preventing and 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.
Training Course: Energy,Electricity and Gas Law
Objectives:
The objectives of the course include as follows:
- To get, update and enhance knowledge about Energy Law of Nepal
- To apply skill for case analysis
Session / Main Topics / Sub Topics
Session- 1 / Introduction /
- Definition of energy
- Type of Energy (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,
- Electricity Bill, 2065
- Nepal Electricity regulatory commission Bill, 2065
Session-5 / Procedure, Directives and Guidelines /
- Rule
- Procedure,Directives and Guidelines
Session-6 / Comparative study of energy Law; Recent Development and international trends: /
- Comparative study
- Recent Development
- International trends
Session-7 / Law enforcement agency of Energy law / Commissions:
1. National planning Commission
2. Water and Energy Commission
Ministry:
a) Ministry of Energy
- Secretariat of Commission for water and energy
- Alternative Energy Promotion Center
- Department of Electricity Development
- Nepal Electricity Authority
- Hydropower Investment &Management Company
- Nepal Oil Corporation
d) Ministry of Forests and Soil conservation
- Timber Corporation of Nepal
f) Ministry of Industry
Session-8 / Energy related court cases /
- Case analysis references with national and International court case
- Table of cases and Decision
Session-9 / Role of Lawyer and Judicial bodies in energy law /
- Role of Lawyer
- Judicial bodies
References
- James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)
Training Course: Environmental Law
Objectives:
The objectives of the course include as follows:
- To give knowledge on concept and principle of Environmental law
- To update knowledge of international environmental law
- To update knowledge of Nepalese environmental law
- To familiarizewith judicial approach
Session / Main Topics / Sub Topics
Session- 1 / Environment and environmental law /
- Background and concept
Type:Natural and man made, Biotic and abiotic
Sectors of Environment:
- Green Sector
- Brown Sector
- Blue Sector
- Cultural Sector
- Eco-centric
- Anthropocentric
- Principles of Environment Protection
-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
- Environment Protection and Law
- Problems, Issues and Challenges
- Role of Lawyers and Judiciary
- Conclusion
- Constitution, Environment Protection Act and Regulations
Background and Preamble of the Act
Definition
Major Tools:
i. Environmental Standards
ii. Initial Environmental Examination/Environmental Impact Assessment
iii. Environmental Inspector
Other Provisions
- Environment Protection Council
- Environment Protection Fund
- Environmental Lab
- Expert Committees
- Pollution Control Certificate
- Compensation and punishment
- Institutional mechanism
Role of the Lawyers and Judiciary
Session-2 / Climate Change Law and Environmental Pollution /
- Introduction
- Concept
- Current Situation/status
- Plans and policies on climate change
- Action plans- NAPA and LAPA
- Regulatory Mechanism
- Laws
- National laws
- International laws
- Case study (list of cases and their decisions)
- Problems and Challenges
- Role of Judiciary and lawyers
- Recommendations
- Environmental Pollution Control Laws
Session-3 / Solid Waste Management Act and Regulations / Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Session-4 / Forest Act and Soil and Watershed Conservation Act / Part 1
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Part 2
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Session-5 / National Parks and Wildlife Conservation Act and Plant Protection Act / Part 1
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Part 2
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Session-6 / Water Resources Act, Aquatic Life Protection Act and Pesticides Act / Part 1
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Part 2
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Part 3
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Session-7 / Mines and Minerals Act, Petroleum Act, Industrial Enterprises Act, Local Self Governance Act, / Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Session-8 / International Law on Environment / Evolution
Principles
Domestication Processes
Conferences
- United Nations Conference on Human Environment 1972 (Stockholm),
- United Nations Conference on the Human Environment and The Club of Rome’s limits of Growth both held in 1972;
- World Climate Conference of 1979
- The World Conservation Strategy of 1980
- The Brandt Report – Common Crisis North-South of 1980
- The Brundtland, World Commission on Environment and 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.
- Ramsar Convention, 1972,
- Convention on Protection of Cultural and Natural Heritage, 1972,
- CITES, 1973,
- Vienna Convention on Ozone Layer Depletion,
- Montreal Protocol (1987) and subsequent amendments,
- Trans-boundary Movements of Hazardous Wastes (1989),
- Agenda 21, 1992
- UN Framework Convention on Climate Change (UNFCCC)
- Kyoto Protocol (1997),
- Convention on Biological Diversity, 1992 and Bio-safety Protocol 2000,
- UN Convention on Combating Desertification, 1994
- POPs Convention
- UNCED
- WTO
- International Treaty on Plant Genetic Resources for Food and Agriculture
- Other
- Problems, issues and challenges
- Role of the Lawyers and Judiciary
Session-9 / Litigation on Environment / Introduction and concept
Evolution
National Scenario and cases
- Rasheshyam Adhikary Vs. Council of Ministers and others (locus standi)
- Gopal Shiwakoti Chintan Vs. Council of Ministers and others (Arun 3)
- Surya Dhungel Vs. Godavari Marbles Pvt. Ltd. and others
- Yogi Narahari Nath Vs. International College of Medical Sciences
- Surendra Bhandari and others Vs. Shree Distillery Company
- Prakash Mani Sharma Vs. Prime Minister and others (type approval and Conformity of Production –COP)
- Narayan Belbase Vs. Council of Ministers (Import of Diesel Taxi from India)
- Bhoj Raj Ayer Vs. Ministry of Population and Environment (Pollution Standards)
- Bharat Mani Gautam Vs. Council of Ministers and others (Solid waste 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
Gavcikovo-nagymoras, 1997
Trial Smelter Case,
(pls add other cases as you think essential)
Problems, Issues and Challenges
Role of Lawyers and Judiciary
References
- Belbase, Narayan The implementation of International Environmental Law in Nepal IUCN- The World Conversation Union Kathmandu Nepal, 1997
- Belbase, Narayan (ed.) Environmental Law in India New Delhi, butterworths; 1999
- Leelakrishnan P., Environmental Law in India New Delhi; Butterworth: 1999
- James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)
Training Course: Federal Legal Structure and Federalism
Objectives
The objectives of the course include as follows:
- To give knowledge of federal legal structure and federalism
- To enhance knowledge on federal system, public prosecutor and lawyers
- To update with the decisions of Courts
Session / Main Topics / Sub Topics
Session- 1 / Introduction /
- Introduction of federal system
- Concept of federal system
- Fundamental principles of federalism
- Advantages and disadvantages of federal system
- Mandates for federalism in Nepal
- Viability of ethnic federalization in Nepal
- Proposed Model of federal state by Re-structuring Committee of Constituent Assembly of Nepal
Session-2 / Power Distribution Policies By state organs /
- Legislative Power
- Executive Power
- Judicial Power
Session-3 / Power Distribution Policies By State Structures /
- Federal government
- Province
- Local government
Session-4 / Comparative Studies on Federal System /
- Recent development of federal system
- International trends on federal system especially in South Africa,USA,Canada,India,Belgium,Spain,Nigeria,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
References