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
 Meaning of Cyber Space
 Concept of Cyber Law
 Nature and Scope of Cyber Law
Session- 1
Introduction
 Technical Terminology often involve in Cyber law
 Computer, computer programs and web technology.
 Overview of cyber law.
 Principle of Jurisdiction
Session-2
Jurisdiction Issue in Cyberspace
 Extra territorial Jurisdiction and Cyberspace
 E-commerce
 Meaning of Digital Records
 Legal recognition of Digital Records
 Digital Signatures and its effect
 Regulation of Digital Signature
Session-3
Digital Records and Signatures
o Certification Authority
o Controller of Certification Authority

Online/Electronic Contracts
o Recognition
o Remedy
 Meaning and Nature
 Types of Cyber crime
 Role of Computer and Computer Networks
Session-4
Cyber Crime
 Offence and Punishment under Electronic Transaction
Act, 2006
 Major cases on cyber law decided by Supreme Court.
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Session-5
Cyber Forensic and its
Importance
Session-6
Intellectual Property in
Cyberspace
Session-7
Practical
Meaning and Nature of Cyber Forensic/Digital
Evidence
 Collection and Analysis of Cyber Forensic
 Importance of Cyber Forensic
 Scope of IP in Cyberspace
 Digital Copyrights
 Domain Name System/Trade Mark Law
 Semiconductor Layout & Design
Observation of computer tools and parts
1
Session-8
Practical
Session-9
Practical
Identifying the role of Computer, functioning of
Internet and Digital Signature
: Identifying the Digital Evidence, Preparation for Collection,
Analysis Process.
References
Books:
1. Alex Samual and AK Upadhyay, Investigation of Cyber Crimes, Dwivedi and Company Allahbad,
2011
2. SK Verma and Raman Mittal [Edt.], Legal Dimensions of Cyber Space, Indian Law Institute, New
Delhi, 2004
3. Stephen Mason [Edt.], ElectronicEvidence, Lexis Nexis Butterworths, UK, Second Edition, 2010
Journals:
1. Babu Ram Aryal, Cyber Jurisprudence: New area of Study, Nyayadoot, Nepal Bar Association,
Jeth-Asar, 2069,
2. ………., Domain name system: Trademark in Cyberspace, Business Law Journal, Commercial Law
Society, 2010
Acts and Regulations
1. Electronic Transaction Act, 2006
2. Copyright Act, 2000
3. Telecommunication Act, 1997
2
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
Domestic Violence
Definition
:
Concept
Session- 1
Session-2
Session-3
Domestic Violence: nature,
classification and impacts

Domestic Violence, Human rights
and international Instruments.
National
Policy
and
legal
Environment on Domestic Violence
Session-4
Court Decisions
Session-5
Session-6
Mechanism under Domestic
Violence Law
Session-7
Role of lawyers to support survivor
of DV
Session-8
Session-9
Role of lawyers to support survivor
of DV
Role Play (Practical Sessions: )
How to handle client ( Survivor of
Domestic Violence )
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
Conceptual Definition of Domestic violence
Historical Development and recent trends
Conceptual clarification of Domestic violence
Causes of Domestic violence
 Nature of Domestic Violence
 Classification of Domestic violence
Impact of Domestic violence
 Link between Domestic Violence and human rights
 Key international instrument related to Domestic Violence
 Prevailing policies regarding Domestic Violence.
 Prevailing laws regarding Domestic Violence.
 Domestic Violence Act
 Rational & Justification behind criminalization of Domestic
violence
 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.
 Complain Filing Mechanism under DV Act
 different procedure of filing Complain/FIR/ Case
 Fine/ Punishment/ Compensation
 various provision : in-camera hearing, interim relief,
protection, fast track hearing, referral system including
psychosocial counseling
 Mediation on case of Domestic Violence Law
 Tips for lawyers while sitting for mediation.
 Role play by 3/4 participants
 observers/ legal aid lawyers/ judges/survivor/
perpetrator etc.
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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.
4
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
Session- 1
Session-2
Session-3
Main Topics
Sub Topics
 Definition of energy
 Type of Energy (Traditional, Commercial and
Introduction
Renewable)
 Source of energy (Water, Solar, Gas, Wind, Atomic,
Nuclear and others)
 Introduction
Energy Law
 Concept
 Fundamentals of Energy Law of Nepal
 Hydropower Development Policy, 1992; and 2001
 Rural Energy Policy, 2006
 National Water Plan, 2005
 Water Resources strategy, 2002
Energy Related Policy, Strategy and
 Forest Sector Policy, 1997
Plan
 National Electricity Crisis Resolution Action Plan, 2008
 Power Crisis Mitigation Plan, 2008
 National Energy Strategy (draft).2010
Act:


Session-4
Energy related legislation



Session-5
Procedure, Directives and Guidelines

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
Rule
Electricity Regulation, 2050;
Water resources
Regulation,2050;
Community
Electrification
Regulation,2060; Electricity Tariff Rate Determination
Regulation,2050,NEA Electricity Leakages Control
Regulation,2050;
Environment
Protection
Regulation,1997;Forestry Regulation 1995;Local Self
Governance Rule
Procedure,Directives and Guidelines
5
Session-6
Session-7
Session-8
Session-9
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)
 Comparative study
Comparative study of energy Law;
Recent
Development
and
 Recent Development
international trends:
 International trends
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
Law enforcement agency of Energy
 Nepal Electricity Authority
law
 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
 Case analysis references with national and
Energy related court cases
International court case
 Table of cases and Decision
Role of Lawyer and Judicial bodies in
 Role of Lawyer
energy law
 Judicial bodies
References
1. James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)
6
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 familiarize with judicial approach
Session
Main Topics
Sub Topics
a. Background and concept
Type, Sector and approach of environment
Type: Natural and man made, Biotic and abiotic
Sectors of Environment:
I.
Green Sector
II.
Brown Sector
III.
Blue Sector
IV.
Cultural Sector
Conservation Approach
I.
Eco-centric
II.
Anthropocentric
Session- 1
Environment and environmental
law
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.
d.
e.
f.
g.
Environment Protection and Law
Problems, Issues and Challenges
Role of Lawyers and Judiciary
Conclusion
Constitution, Environment Protection Act and
Regulations
Constitutional Provisions
Background and Preamble of the Act
Definition
Major Tools:
i. Environmental Standards
ii. Initial Environmental
Examination/Environmental Impact Assessment
7
Session-2
Climate Change Law and
Environmental Pollution
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Session-3
Session-4
Solid Waste Management Act
and Regulations
Forest Act and Soil and
Watershed Conservation Act
iii. Environmental Inspector
Other Provisions
a. Environment Protection Council
b. Environment Protection Fund
c. Environmental Lab
d. Expert Committees
e. Pollution Control Certificate
f. Compensation and punishment
g. Institutional mechanism
National issues and challenges
Role of the Lawyers and Judiciary
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
Background
Preamble and Definition
Major provisions
Institutional Arrangement
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
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
8
Session-5
Session-6
Session-7
National Parks and Wildlife
Conservation Act and Plant
Protection Act
Water Resources Act, Aquatic
Life Protection Act and
Pesticides Act
Mines and Minerals Act,
Petroleum Act, Industrial
Enterprises Act, Local Self
Governance Act,
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
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 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
Background
Preamble and Definition
Major provisions
Institutional Arrangement
9
Penal Provision
Problems, issues and challenges
Role of Lawyers and Judiciary
Evolution
Principles
Domestication Processes
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Session-8
International Law on
Environment

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, 1992
o UN Framework Convention on Climate Change
(UNFCCC)
o Kyoto Protocol (1997),
o Convention on Biological Diversity, 1992 and Biosafety Protocol 2000,
o UN Convention on Combating Desertification,
1994
o POPs Convention
10
o
o
o
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Session-9
Litigation on Environment
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UNCED
WTO
International Treaty on Plant Genetic Resources
for Food and Agriculture
o Other
 Problems, issues and challenges
 Role of the Lawyers and Judiciary
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
11
International cases
Gavcikovo-nagymoras, 1997
Trial Smelter Case,
(pls add other cases as you think essential)
Problems, Issues and Challenges
Role of Lawyers and Judiciary
References
1. Belbase, Narayan The implementation of International Environmental Law in Nepal IUCN- The
World Conversation Union Kathmandu Nepal, 1997
2. Belbase, Narayan (ed.) Environmental Law in India New Delhi, butterworths; 1999
3. Leelakrishnan P., Environmental Law in India New Delhi; Butterworth: 1999
4. James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)
12
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
 Introduction of federal system
 Concept of federal system
 Fundamental principles of federalism
 Advantages and disadvantages of federal system
Session- 1
Introduction
 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
 Legislative Power
Power Distribution Policies By state
Session-2
 Executive Power
organs
 Judicial Power
 Federal government
Power Distribution Policies By
Session-3
 Province
State Structures
 Local government
 Recent development of federal system
 International trends on federal system especially in
South
Africa,USA,Canada,India,Belgium,Spain,Nigeria,Germa
Comparative Studies on Federal
Session-4
n,Austria,Australia,Russia,
Ethopia,Mexico,Brazil
System
,Malaysia,
United
Arab
Emirates,Pakistan,Argentina,Bosnia
and
Herzegovina,Comoros,Saint Kitts and Nevis, Republic
of Palau, Papuwa New Guinea and Switzerland
Federal Judiciary and Public
 Federal Judiciary
Session-5
Prosecutors
 Federal Public Prosecutors
 Federal structure of Lawyers
Session-6
Federal Lawyers
 Lawyers Role
 Case Analyses
Session-7
Case Analyses and Skill of Lawyers
 Skills of applying in solving the cases
Cases and Decisions of Federal
 Table of Cases
Session-8
court
 Decisions by federal court
 Introduction of Constitutional Court
 Recent trend and development of Constitutional
Session-9
Constitutional Court
court
 Possibility of Constitutional Court in Nepal
References
Anderson, George.2008.Federalism: An Introduction. New York: Oxford University Press.
Bista, Dor Bahadur.1996.People of Nepal. Kathmandu: Ratna Pustak Bhandar.
13
Department Of Sociology and Anthropology Patan Campus.2011.Contemporary Journal of Sociology and
Anthropology, Volume 1SSN:2091-1181.
Forum of Federation.2006.A Global Dialogue on Federalism, Volume 1-6.London: 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.
14
Training Course: Foreign Investment and Technology Transfer Law
Objectives
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
Main Topics
Sub Topics
 Meaning and definition of Foregin Investment and
technology transfer
Introduction to Foreign
 Types of foreign investment: (FDI, FII, Port Folio
Session- 1
Investment
Investment)
 Need and opportunities of foreign investment and
technology Transfer
a. International History:
i.
The Colonial period
ii.
The post colonial period
b. Nepalese history:
History of foreign investment
Session-2
i.
Recognition of foreign investment under
and investment laws
several Plans
ii.
Promulgation of Foreign Invetment law
iii.
Accession to the international laws on foreign
investment
Risks and Opportunities to the
 Risk of Foreign Investment
Session-3
Foreign Investors in foreign
 Opportunities of foreign investment
Investment
Risks of foreign investment in
 Potential risks of inviting foreign investment
Session-4
Nepal and Control Mechanism
 Control Mechanism of foreign investment
 National standard treatment
 Fair and equitable standard
 Most favoured nation treatment
Standard of Treatment in the
 Full protection and security
Session-5
Foreign Investment
 Repatriation
 Nationalisation and Compensation
 Protection of commitments
 Dispute resolution
 Treaties of Friendship, Commerce and Navigation
Bilateral and Multilateral
Session-6
Instrument of Foreign
 BIlateral Investment treaties and its features
Investment
 Multilateral Instruments of foreign investment
 Definition of Foreign Investment and foreign investor
 Investment in Urguay Round/GATS/TRIPS
 Treatment standard
Session-7
WTO and Foreign Investment
 Most favoured nation treatment
 Expropriation
 Dispute Settlement
Session-8
Gurantees of foreign investment
 100% investment
15
Protection under Nepalese Legal
Regime:
Session-9
Procedure of Foreign
Investment and Technology
transfer and Lawyers Role
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Protection against nationalisation
Equal treatment
No expropriation
Repatriation
Consessions
Visa facility
Dispute Settlement
Pre Investment Procedure
Post Investment Procedure
Role of Lawyers in foreign investment
References
1. Thomas Brewer (ed), Political risks in International Business, 1985
2. Ellings, R.J. ‘ Private Property and National security’ (1991)
3. Dunn, F.S. ‘ The protection of foreign nationals’ (1932)
4. Amy Chua, the Paradox of free market Democracy: rethinking development Policy’ (2000) 41
Harvard International Law journal 287.
5. Amy Chua, Markets, Democracy and Ethnicity: Toward a new Paradigm for law and
Development’ (1998) 108 Yale law journal 1.
6. Amy Chua, The Privatisation- Nationalisation Cycle: the Link Between markets and ethnicity in
Developing Countries’ (1995) 95 Columbia Law review 223.
7. G. Schwarzenberger, International law and Foreign Investment (1972)
8. J Brierly ,Law of Nations’ (5th ed. 1963), 276
9. CF Amerasinghe, State responsibility for Injuries to Aliens’ (1964)
10. R. P,. Waite and M.R. Goldberg, national Security Review of Foreign Investment in the United
States (1991) 3 Florida JIL 191.
11. D Flint, Foreign Investment in Australia 1986
12. Wagner J Martin, ‘International Investment, Expropriation and Environmental Protection’ (1999)
29 Golden Gate University law Review 465.
13. Penrose, E, ‘ Nationalisation of Foreign Owned Property for Public Purpose: An Economic
Perspectiv on Appropriate Compensation’ (1992) 55 MLR 351
14. Reich ‘ Roads to Follow: regulating Direct Foreign Investment’ (1989) 43 Int Org 543
15. M Sornarajah, ‘Laws of International Joint Ventures, 1992
16. WTO and Related Agreements
17. Procedural Manual of Foreign Investmenti n Nepal published by Ministry fo Industry
18. Nepal and WTO, Published by Ministry of Trade and Commerce
19. FITTA 1992
20. Industrial enterprises Act 1994
21. Companies Act 2006
22. Immigration Act
23. Tax Laws
24. Arbitration Act
25. M Sornarajah, Settlement of Foreign Investment Dispute, 2000
16
Training Course: Human Rights and Humanitarian Law
Objectives
The 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
Main Topics
Sub Topics
 Civil and Political Rights and their enforcement.
 Economic, Social and Cultural Rights and their
Defining
Features
of
enforcement
International Human Rights &
Session- 1
 Community's Rights: Indigenous Peoples and the Right
International Human Rights’
to Self-Determination, Third Generation Rights.
Codes
 Human Rights in the 21st Century: Protection beyond
Borders.
 Under the United Nations System:
International (Universal) Human
- United Nations Human Rights System (Charter-based).
Session-2
Rights Enforcement Mechanisms
- Other Human Rights (Treaty-based).
- Other Human Rights Agencies within the UN.
 Council of Europe and the European Convention on
Human Rights.
Regional Mechanisms for
Session-3
Protecting and Promoting
 Inter-American and African Systems.
Human Rights
 Non-Governmental Organizations and Civil Society,
including Lawyers and the Media.
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
The Paradigm of Legal
for the process of Institution Building.
Session-4
Implementation at National
(ii) Human Rights Situation in Nepal, Commitment and
Level: the Context of Nepal
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.
 Development of Humanitarian Law as International Law
and its Interrelationship with Human Rights Law
 International Legal Foundations
Session-5
International Humanitarian Law
- Hague Conventions of 1899 and their Successor of
1907.
- The Four Geneva Conventions of 1949 and the
Additional Protocols of 1977.
17
Session-6
No Escape for Human Rights
Abuses: Case Analysis
Session-7
Application of
Laws in Nepal
Session-8
Culture of Impunity, Transitional
Justice and Human Rights Law
Humanitarian
- Customary International Humanitarian Law Applicable
to Internal Armed Conflict.
- Scope of Crimes against Humanity, Genocide, War
Crimes, etc.
 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.
 Human Rights Violation situations and the Application
of Humanitarian Laws.
 Civil War & Rights Violations: Possible Trials for Crimes
against Humanity, Genocide, etc.
 Basic Features and Dynamic of the Statute of the
International Criminal Court 1998.
- Bringing Perpetrators of Human Rights Violation to
Justice.
- Justice and Deterrence: Justice vs. Peace.
 - Victims Right to Justice and Redress.



Session-9
Culture of Impunity:
International Practices and
Nepalese Context




South African Practice: Truth and Reconciliation
Commission.
Peruvian Practice: Truth and Reconciliation
Commission.
Chilean Practice: National Truth and Reconciliation
Commission.
Proposed Truth Commission: Failure to Investigate and
Punish the Wrongdoers.
Establishing Links between the TRC and the State’s
Obligation to Investigate, Prosecute and Punish
Perpetrators.
Role of Judiciary and Criminal Law.
International Criminal Court and Possible Trial of
Perpetrators
References
Askin, D. Kelly, (2003) The ICTY at Ten: A Critical Assessment of the Major Rulings of the International
Criminal Tribunal over the Past Decade, New England Law Review, Vol. 37, Pp. 903-14.
Basnet, G., (2012) In Search of Common Ground: Reconciling Universalism and Cultural Relativism in
Human Rights, Contemporary Law Journal, Vol. 1, No. 1, Pp. 268-76.
Basnet, Gyan (2012) Human Rights Commission, Politics and Rights Abuses. (Part I, II and III)
Nepalnews.com.
Basnet, Gyan, (2008) The Crisis for Civil Liberties and Human Rights in an Era of Permanent Emergency,
Kathmandu, Nepal: A.B Secretarial and Printers (P) Ltd., (Pp. 187).
Basnet, Gyan, (2012) Nepal: Law and Order Denied, Asia Times Online, 10 February 2012.
18
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-orderdenied-oped/.
Basnet, Gyan, Focus on TRC: Justice Seen to be Done, Himalayan Times, 12 April 2012
Basnet, Gyan, Justice and Deterrence, Himalayan Times, 14 June 2012
Basnet, Gyan, No Justice, No Peace, Himalayan Times, 5 March 2012
deGuzman, Margaret, (2000), The Road from Rome: The Developing Law of Crimes against Humanity,
Human Rights Quarterly, Vol. 22, No. 2, Pp. 335-403
Gerardo Alberto (2010) Armed Forces, Truth Commission and Transitional Justice in Peru, International
Journal of Human Rights, Vol. 7. No. 13, Pp. 27-49.
Goldstone, Richard, (1997), Law, War, War and Human Rights: International Courts and the Legacy of
Nuremburg: The United Nations’ War Crimes Tribunals: An Assessment, Connecticut Journal of
International Law, 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 Press
Momtaz, Djamchid, (1999), War Crimes in Non-International Armed Conflicts Under the Statute of the
International Criminal Court, Year Book of International humanitarian Law, Vol. 2, Pp. 177-92
Murphy, D. Sean, (1999), Development in International Criminal Law: Progress and Jurisprudence of the
International Criminal Tribunal for the former Yugoslavia, American Journal of International Law, Vol.
93, Pp. 57-97
Nickel, James, (2007) Making Sense of Human Rights, Blackwell Publishing.
Requa, Marny, (2012) A Human Rights Triumph? Dictatorship-era Crimes and the Chilean Supreme
Court, Human Rights Law Review 12:1.
Sassoli, Marco et.al., (2000), The Judgment of the ICTY Appeals Chambers on the merits in the Tadic
Case, New Horizon for International Humanitarian and Criminal Law?, International Review of Red
Cross, No. 839, Pp. 733-769
Sassoli, Marco, (1999), Prosecutor vs. Tadic (Judgment). Case No. IT-94-I-A. 38 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
19
Teitel, R. G. (2001), Transitional Justice. Oxford University Press
Turner, C. (2008), Delivering Lasting Peace, Democracy, and Human Rights in Times of Transition, the
Role of the International Law, International Journal of Transitional Justice, 2(2), Pp. 126-151.
Wilson, A. Richard, (2005), Judging History: The Historical Record of the International Criminal Tribunal
for the Former Yugoslavia, Human Rights Quarterly, Vol. 27, No. 3, Pp. 908-42
Zic, Kristijan, (1998), the International Criminal Tribunal for the Former Yugoslavia: Applying
International Law to War Criminals, Boston University International Law Journal, Vol. 16, Pp. 507-533.
20
Training Course: Insurance Law
Objectives
The objectives of the course include as follows:
 To familiarize with the risk ,risk management and insurance
 To familiarize with the. Legal framework of insurance
 To enhance the capacity in insurance law
 To update the judicial trends
 To aware and update the international legal regimes in insurance
Session
Main Topics
Sub Topics
 How insurance covers risk ?
 Meaning of risk, peril, hazard and loss, Risk and
Risk, Risk Management and
society, risk management and insurance,
Session- 1
insurance
 insurance versus hedging, insurance versus gambling,
 mathematical foundation of insurance, adverse
selection.
 Insurance Act,2049,Insurance
Regulation,2049,Contract Act,2056,Company
Act,2063,Rastriya Beema Sansthan Act,2024,Directives
issued by insurance board.
Nepalese insurance legal
Session-2
 Insurance principles-Utmost good faith, Insurable
framework
interest ,indemnity, Subrogation, contribution and
proximate cause
 IAIS insurance core principles
 Relevant case laws
 Understanding of insurance, distinct characteristics of
insurance contract, benefits and costs of insurance,
 Historical development of insurance in Nepal, present
scenario of insurance industry,
Session-3
Nepalese 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



Session-5
Insurance claim

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
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
21



Session-6
Insurance dispute
Session-7
Insurer and insurance
intermediaries
Session-8
Mathematical
insurance
aspects







of




Session-9
Insurance regulation


concession, presumption of death title to claim and
foreclosure.
Property and liability insurance claim settlement
procedure ,notice of claim, appointment of surveyor,
survey report, payment of claim
Relevant case laws
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
Insurer, insurance agent, surveyor, broker,
Licensing requirements ,qualification, disqualification,
Licensing, renewal, cancellation
Commission and remuneration
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
Meaning of regulation, objective of regulation, history
of insurance regulation
Regulatory process-Ongoing supervision, surveillance,
onsite inspection ,off site monitoring
Sanction-fine, suspension of business, confiscation of
license and imprisonment
Role of Nepal Bar Association to promote legal
practice in the area of insurance.
References
1. Avatar Singh, Insurance Law (Second Edition), Eastern Law Books
2. Ali, Sajid Dr., et.al, Insurance in India (2007)
3. Insurance Act and Rules
4. Mishra, M.N., Law of Insurance, India
22
Training Course: Intellectual Property Law
Objectives
The objectives of the course include as follows:
 To make familiarize concept of Intellectual Property Law
 To update knowledge patent, design, trade mark and copy rights
 To understand the International and Domestic Laws related to IP Law
Session
Main Topics
Sub Topics
 Meaning and definition of intellectual property
Introduction to property and its
Session- 1
 Theories of property
types
 Private property and intellectual property.
 Meaning and definition of intellectual property
Introduction to intellectual
 Reason for protection of intellectual property
Session-2
property
 Types of intellectual property
 Development of intellectual property law in Nepal
 Meaning and definition of patent
Patent
Session-3
 Requisition for patent license
 Provisions relating to patent under Nepal legal regime
 Meaning and definition of design
Session-4
Design
 Requisition to register design
 Statutory provisions relating to design
 Meaning and definition of trademark
Session-5
Trade mark
 Requisition to register trademark
 Statutory provisions relating to trademark
 Meaning and definition of copy right
Session-6
Copy Rights
 Statutory provisions relating to copy rights
Legal issues and protection of
 Legal issues
Session-7
the genetic resources and plant
 Protection of the genetic resources and plant varieties
varieties
 TRIPS
International Instruments of IPR
 Berne Convention
Session-8
and their nature
 Madrid Convention
 Paris Convention
 Procedure of Registration
Role of Lawyers in Registration
 Lawyers role in registration and protection
Session-9
and Protection of IPR
 Claim mechanism
 Settlement of IPR Disputes.
References
1. W.R. Cornish, Intellectual Property, Sweet & Maxwell
2. SM Stewart, International Copyrights and Neighbouring Rights’ Butterworths
3. P Narayan, Copyright and Industrial Design, Eastern Law House
4. P Narayan Law of Trade Marks and Passing Off, eastern Law House
5. Kerly on Trade marks and Trade names’ Sweet and Maxwell
6. Christopher Wadlow, The Law of Passing Off, Sweet and Maxwell
7. P Narayan, Intellectual Property law, Eastern Law House.
8. Paul Torremans, Holyoak & Torremons Intellectual property Law, Oxford University Press
9. Several Treaties of Intellectual Property
23
10. Patent Design and Trade Mark Act of Nepal
11. Copy Rights Act
12. Patents vs. Patients: Five years after the Doha Declaration available on
13.
14.
15.
16.
17.
18.
19.
20.
21.
http://www.oxfam.org/en/policy/briefingpapers/bp95_patentsvspatients_061114
World Health Organization, About HIV/AIDS, availavle on http://www.who.int/hiv/abouthiv/en
Global AIDS epidemic continues to grow available on:
http://www.who.int/hiv/mediacentre/news62/en/index.html
Intellectual property: protection and enforcement available on:
http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm7_e.htm
World Trade Organization Website. http://www.wto.org
The Doha Declaration on the TRIPS Agreement and Public Health available on:
http://www.who.int/medicines/areas/policy/doha_declaration/en/index.html
Fact Sheet: TRIPS and Pharmaceutical Patents: Obligations and exceptions available on:
http://www.wto.org/english/tratop_e/trips_e/factsheet_pharm02_e.htm
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.
Luis Mariano Genovesi, “Intellectual Property Rights (A Global Vision)” In S.K. Varma & Raman
Mittal (Ed) Indian Law Journal, [India. 2002-2003].
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
Training Course: Justice for Children
Objectives
The objectives of the course include as follows:
 To impart basic knowledge on child protection system in Nepal,
 To understand the 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
Main Topics
Sub Topics
 Child Protection: Overview of child protection system in Nepal
 Is children in conflict with law is a matter of child protection?
Child Protection and juvenile
Session- 1
 Fundamental requirement of juvenile justice administration and
justice
It's departure from criminal justice: Why we need separate child
justice system?
 Theories and causative factors of juvenile delinquencies
 International legal framework governing juvenile justice(soft laws
and hard laws)
Session-2
Law and Institutions
 The institutions of juvenile justice system ( key players,
accountability and regulation, effective of system dealing with
young offender)
 National legal framework governing juvenile justice
 Child friendly investigation and Prosecution: apprehension, arrest
Session-3
Investigation and Prosecution
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)
 Disposition of Juvenile Delinquency Case: Role of Judge, social
worker and child psychologist (what is the role of defence lawyer
Disposition and hearing of a
Session-4
on behalf of juveniles?)
case
 Close camera hearing: Concept and practice with special reference
to children in conflict with the law and child victim
 Concept of Diversion in juvénile justice: possibilités and challenges
Session-5
Diversion in juvénile justice
in Népal
 Restorative Justice Approach to juvenile offenders: Concepts,
Session-6
Restorative Justice
methods and application.
Session-7
Court judgments
 Court judgments: progressive or regressive? an analysis
Session-8
Role of defense lawyer
 Victim and Witness protection: Role of defense lawyer
 Role of Nepal Bar Association to institutionalise the legal aid to
Session-9
Role of NBA
children in conflict with the law and child victim.
25
References
1. CCWB, National, Regional and International Legal Provisions Regarding Children.
2. Children Rights and Justice in Nepal, TUFL, Criminal Law Subject Committee(2012)
3. Convention on the Rights of the Child 1989.
4. Gautam, Bharat Mani, Nepal Law Journal, Special Issue on the Rights of the Child Vol. 1, Nov.
1998.
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
Main Topics
Sub Topics
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
Session- 1
References
1. M. Douglas, Successful Practice Management (An Introduction for Lawyers) Universal (First Indian
Reprint), 2001
2. Alan Pannett, Managing the Law Firm (Legal Practice Handbook) Universal (Indian Reprint), 2001
3. zDe'k|;fb 1jfnL, ægofF k':tfsf 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 English
Objectives
The objectives of the course include as follows:
 To enhance knowledge related to grammar used in legal english
 To update skills of legal language
 To be familier with professional english in use and transalation.
Session
Main Topics
Session- 1
Basic level
Session-2
Basic level
Session-3
Basic level
Session-4
Advance Level
Spoken and Written English
Session-5
Advance Level
Spoken and Written English
Session-6
Advance Level
Spoken and Written English
Session-7
Advance Level
Spoken and Written English
Session-8
Translation
Classification
Formal and informal
Sub Topics
Grammar
 Varieties of English(Formal and Informal English,
Spoken and Written English)
 Words and their pronunciation
Grammar
 Sentences (Structures various types)
 Language vocabulary
Grammar
 Synonyms and antonyms
 Language usage
 Usage aspects
Language
 What is plain language?
 The use of plain language in the legal field
Language
 Language of the law (Legal affectations and other
nasty habits, legalese)
 Language of email and internet
 Structure

Professional English in use
 Client care procedures
 Client correspondence
Professional English in use
 Forming a contract 1 and 2
 Structure of commercial contract
 Petition drafting, response writing
 Pleading notes and presentation during
pleading/hearing
 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-
28
Article and Memorandum of Association, contracts,
policies,
Session-9
Translation
Classification
Formal and informal


Personal documents- statements, affidavits, etc.
Professional/business documents- contracts, job
vacancies and appointments, bonds, commitments,
other

References
1. Brown, Gillian D., Rice, Sally, Professional English in Use(Law) Cambridege University
Press
2. Throne, Sara, Mastering Advanced English, Macmillan
29
Training Course: Legal Research, Drafting and Legal Opinion
Objectives
The objectives of the course include as follows:
 To improve the capacity of different methods and approaches legal research
 To update the knowledge on primary and secondary resources materials.
 To understand the rule of citation
 To improve the skills of effective legal drafting,
 To impart the knowledge of legislative drafting,
Session
Main Topics
Sub Topics
Session- 1
Introduction
Session-2
Approaches and Methods of
Legal Research
Session-3
Primary and Secondary Legal
Source Materials
Session-4
Rules of Citation
Session-5
Writing Research Proposal
Session-6
"When to Stop Researching
Session-7
Effective legislative drafting skills


















Session-8
Effective legislative drafting skills
Session-9
Effective Writings of Legal
Opinion



What is legal research ?
Characteristics of legal research
Difference between legal research and legal writing
Purpose of legal research
Approaches and Methods of legal research
Meaning & Characteristics of doctrinal and nondoctrinal legal research and the main distinction
between them.
Finding the primary legal sources
Finding the secondary legal sources
Knowing different Rules of citation
Purpose and Types of research proposal
Rules of preparing a legal research proposal
When to stop researching
Basic rules of effective drafting, especially of legislative
documents
Drafting techniques
Drafting of various statutory instrument, namely

Drafting a bill

Drafting a rule

Drafting by laws/rules

Other legislative drafting
Constitutional & Legal provision regarding legal
opinion
Techniques of writing effective legal opinion
Process of opinion building
References
1.Legal Research and Methodology, Journal of the Indian Law Institute, vol.24 Numbers 2,3 & 4 (AprilDecember 1982)
2. Basic Reading Materials Socio Legal Research Methodology Workshop, Dept. of Law, University of
Poona (1979)
3 Training Manual NBA (2062)
30
The Blue Book of Uniform System of Citation, complied by the edition of the Columbia Law Review, the
Harvard Law Review, the University of Pennsylvania Law Review and the Yale Law Journal
3. Christopher G. Wren, et.al, The Legal Research Manual, Legal 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
Main Topics
Sub Topics
 Concept of Conflict and disputes- Stages and types
Introduction
Session- 1
 Dispute Resolution Methods- Formal, informal and alternative
 Dispute Resolution Strategy ( Creating win-win situation)
 Concept of Mediation
 Types of mediation
Mediation
Session-2
 Approaches of Mediation (Right, interest, position)
 Principles or fundamentals of mediation
 Jurisdiction and limitation of mediation
 Quality (interpersonal Capacity) and Skill
 Ethics
Session-3
Mediators
 Roles and responsibility
 Handling Critical issues
 Pre-mediation process
Steps and processes
Session-4
 Mediation process
of mediation
 Post mediation stage
 Effective communication Technique
 Active Listening
Communication Skill
 Inquiry/ questioning
Session-5
 Reframing
 Paraphrasing
 Blending/Summarizing
 Facilitation skills
 Position and Interest Identification
 Person v. Problem
Mediation Skill
 Issue Identification- Hidden interest /caucus/ problem
Session-6
identification
 Brainstorming
 Option generation-Value creation and distribution
 BATNA/ WATNA/ ZOPA/ Dirty Tricks
Co-mediation
Mediation and Social Justice
 Rights and Justice
Social Justice and
 Class, Caste/ Ethnicity, Minority, Gender Justice
Session-7
relationship
 Mediation and Just Settlement
 Justice Through Needs and Basic Laws
Traditional
Restoration of Relationship
Session-8
Court Referred and
 Mediation on Commercial Disputes
32

Commercial dispute
mediation
1.
Session-9
Community
Mediation
2.
3.
Some international practices and critical appreciation
Introduction
 Differences between conventional mediation and
systematic community mediation
 Merits and demerits of community mediation
Community peace and harmony
Basic legal knowledge
References
33
Training Course: Migration Law
Objectives
The objectives of the course include as follows:
 To enhance knowledge on laws related to migration
 To update knowledge on foreign labor management and foreign employment
 To familiarizes with Court Decisions and Cases covered by Treaties
Session
Main Topics
Sub Topics
 Concept and tern of migration ( IDP, forms of migration)
Session- 1
Conceptual framework
 Foreign labour migration, trafficking and human smuggling

Session-2
Foreign labour migration


Session-3
Skill for lawyers
Session-4
International laws on migration
Session-5
International Cases
Session-6
Treaties and Nepali Law
Session-7
Legal framework on foreign
employment
Session-8
Institutions
Session-9
Analysis of cases





Foreign labour migration – Nepalese context(history,
overview )
Major issue( achievements and challenges)
Impact of foreign labour migration in Nepal( social cost,
brain drain etc)
Skill for lawyers to deal issue by legal approach
International bill of rights framework
ILO framework
Specific conventions on migrant rights
Cases of international bodies( court and treaty bodies)
 Legal status of ratified treaties
 Concept and approaches
 Nepali laws
 Treaties ratify by Nepal and supreme court
interpretation
 Constitution
 Foreign employment act 2064
 Foreign employment regulation 2064



Precedents established by Supreme Court
Implementation status of laws( research data)
Procedures of law enforcement agencies( FE
department and FE tribunal)
Analysis of cases in line with international convention
(Tribunal and department)
Analysis of other relevant cases( Trafficking and
General cheating)
Foreign employment policy , 2068
References
1.
2.
3.
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)
A Manual for Paralegal Training in the field of migration, 2069, people Forum for Human
Rights(People Forum).
A training manual on international laws related to migration, 2012, People Forum.
34
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Information Kit on international laws related to migration, 2012, people forum
Labour law and immigration laws of destination countries( Korea, quarter, Israel, Hong Kong
and Japan) 2009, People Forum
Information Kit on foreign employment law- 2, FEPB and People Forum
Handbook for victims of foreign employment, 2009, People Forum
Anthony M. Messina & Gallya Lahav 2006, The Migration Reader exploring politics and
policies, Viva books.(pp.9-30) (pp 107- 105)
Anual report of National Human Rights Commission.
Guideline for investigation officer, DoFE, 2009
Bulletin and annual reports of FEPB
Migration policy 2068, Ministry of Labour and Employment
Michael Goodhart 2009, Human Rights politics and practice ‘human rights and forced
migration’ pp 239-259
World Migration Report 2011, International Organization for Migration.
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)
Anita Ghimire, “Enfranchising IDPs in Nepal” No. 28 FMR,
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 142158,Icfai University Press india.
EBHR 35-36 Autumn 2009 – Spring 2010, Migration from Jumla to southern Plain, Satya
Shrestha-Schipper
Refugee Watch, A South Asian Journal on Forced Migration 2010, Report –I, Post Conflict
Displacement in Nepal (Vol. 36), CRG, Calcutta.
35
Training Course: Military Law, Defence and Security
Objectives
The objectives of the course include as follows:
 To know the concept and development of Military Law.
 To strengthen knowledge on domestic law and International practices.
 To familiarizes with Court Decisions including the Military Court.
Session
Main Topics
Sub Topics
 Recognition,
History of Military, Concept and
Session-1
 Terminology
its importance
 Trend
 Constitutionality
Session-2
Development of Military Law
 Domestic and International
Session-3
Session-4
Session-5
Session-6
Domestic and International
Military Laws
Role of Force
Structural System of Military
Force
Participation and Control
Session-7
Security and Using of
Handwares
Session-8
Judicial System of military
Session-9
References
Case analysis





















Comparative studies of military laws and its trend
Provision of Diplomatic Relation
Co-Ordination, Cooperation National and International
Level
Guiding Laws
Policy and Goal
Enforcement
Responsibility
Liability
Chain of Command
Hierarchy
Jurisdiction
People
Institutional
Responsibility
Staff
Weapons
Strength
Capability
Appeal
Military Justice system in Nepal
Selected Decisions of the Supreme Court
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
 Concept of mining law
Concept and scope of mining  Areas covered by mining law
Session- 1
law
 Areas not covered by mining law
 Present Nepali scenario of mining industries
 Introduction of Geo-Science
Session-2
Mining law and Geo-science
 Scope of Geo-Science for lawyers
 Application of Geo- Science to legal practice
 Mine and mineral products Acts, 2042
Prevailing Laws in the area of
 Gas Oil (Contract) Rules, 2015
Session-3
mine and minerals
 Gas (Protection and Consolidation) Rules 2011
 Petroleum Act 2040 and Rules, 2041
 Comparison mining laws of Nepal to the mining laws of
other countries
Harmonization and
 Standard of mining laws for the purpose of harnessing and
Session-4
Standardization of mining laws
exploiting mine and mineral
products
 Harmonization and standardization of mining laws of
Nepal
 Present Scenario of investment on mining sector of
Nepal (domestic and foreign).
 Procedural matters on investment on mining
Session-5
Investment on Mine
industries
 Substantive legal matters on investment on mining
industries
 Nature of contracts related to mining industry
 Recourse and non-recourse contracts
Contract Related to Mining
 Special skills necessary to draft mining related dealing
Session-6
Industry
and/or investment
 - Overview of mining related contracts entered by
government of Nepal
 Efforts of Government of Nepal on exploration of
mines and minerals in Nepal
Exploration Versus exploitation
Session-7
 Potentials of exploitation of mines and minerals in
of mines
Nepal
 - Cross cutting issues
 Current status the petroleum exploration projects
Session-8
Petroleum Exploration Project
being undertaken by the government of Nepal
37
Session-9
Role of the Bar
 Political economy of the petroleum projects
 Future prospects
 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
References
1. James Rasband et. al , Natural Resources Law and Policies, Foundation Press (2009)
2. Mine and Mineral Products Act 2042
3. Petroleum Act 2040
Cases
1. @)%( ;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]bs
lj?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 tyf
sG: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/tLo
gful/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 ;DaGwL
6«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 Law
Objectives :
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
Main Topics
Sub Topics

Meaning of Negotiable Instruments
Concept of Negotiable

Types of Negotiable Instruments
Session- 1
Instrument

Importance of Negotiable Instruments


Session-2
Session-3
Negotiable Instrument Act, 1977
Negotiation & Endorsement







Session-4
Presentation

Session-5
Session-6
Judicial Trends in negotiable
Instruments
Present Scenario & Issues of
Negotiable Instruments
Presentation for acceptance, Reasonable time,
Conditions not to present Negotiable Instruments,
Compensation
Necessity of Presentation in Negotiable Instruments

Court View in regard to Public prosecution or
Individual case


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
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
Transfer, Negotiation by Transfer,
Endorsement, Its conversion & restriction
Endorsement of Partial Amount
Negotiation by Successor
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
Recent trends in Negotiable instruments
Session-9
Recent Trend
References
1. Ps; Narayan, The Law of Negotiable Instruments and dishonor of cheques, Asia Law house
39
Training Course: Notary Public Law
Objectives
The 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 public
Session
Main Topics
Sub Topics
 General Background
Session-1
Introductory
 Concept of Notary Public
 The Negotiable Instrument Act, 2034
Legal Provisions Relating to Notary
 Act Relating to Notary Public, 2063
Session-2
Public in Nepal
 Rules Relating to Notary Public, 2063
 Critical overview on legal provisions
Notary Public Practice in Civil and
 Notary Public in Common Law System
Session-3
Common Law Systems
 Notary Public in Civil Law System
 India
 China
Notary Public Practice in some
Session-4
 France
Countries
 United Kingdom
 United States of America
 Certification/Verification/Translation-area of practices
Current Practice of Notary Public in
of Nepalese notary publics
Session-5
Nepal
 Right and Duty and Code of Conduct of notary public
 Operating a notary office
 Maintaining of notary record
Session-6
Office Management
 Compliance of code of conduct
 Ideas for reformation in notary public practices
 Notary public as a Lawyer
 Notary public as an office bearer having public
Notary Public: A Multi-dimensional
accountability.
Session-7
Profession
 Notary public's relationship with law enforcement
agencies, judicial bodies and other governmental
agencies.
Appraisal of Provisions and Practices
 Lesson Learned
Session-8
for Best Notary Public Service
 Areas of Reformation and Improvement
Session-9
Court Cases
 Supreme Court Decissions
References
1. The Negotiable Instrument Act, 2034
2. Act Relating to Notary Public, 2063
3. Rules Relating to Notary Public, 2063
4. 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.
40
Training Course: Private International Law
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 law
Session
Main Topics
Sub Topics
 Definitional questions with respect to Private International
Law
 Scope and application of Private International Law
 Subject matter of Private International Law
Private International Law: Basic
 Development of Private International Law
Session- 1
Concepts and Principles
 Provisions concerning Private International Law in the
draft Civil Code
 Need for unification and harmonization of Private
International Law

Session-2
Jurisdiction of Courts
Session-3
The Choice of Law
Session-4
Application of Substantive and
Procedural Law
Session-5
Domicile, Nationality and
Residence





















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
Connecting factors and foreign element
The law applicable to the dispute in conflict cases
Characterization/Classification
Renvoi
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
Concept of domicile
Acquisition of domicile of Choice.
Domicile of Choice and Domicile of Origin contrasted
41
Session-6
Recognition and Enforcement of
Foreign Judgments and Decrees
Session-7
Family Law
Session-8
Contracts and International
Commercial Arbitration
Session-9
Law of Property























Domicile of dependent persons
Domicile of married woman
Domicile and Nationality
Concepts of Residence
Recognition of foreign judgments
Enforcement of foreign judgments
Execution of foreign judgments
Limitations to enforcement of foreign judgments
Enforcement of foreign judgments in Nepal
Marriage and Divorce
Recognition of foreign divorce decrees
Children
Adoption
Applicable law in contractual disputes
The proper law of contract
Arbitration
Law governing arbitration
Law applicable to the substance
Conflict rules and applicable law
Immovable and movable properties
Jurisdiction and applicable law over immovable properties
Inheritance, estate administration and succession
Partition (Ansha Banda) and Private International Law
References
BOOKS
 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.
42
Training Course: Public International Law and International Relations
Objectives
The objectives of the course include as follows:
 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
Session-2
Relationship between
International Law and Municipal
Law
Session-3
The Law of Treaties
Session-4
Jurisdiction of State
Session-5
Immunities and Privileges of
State and Diplomats
Session-6
International Aviation Law
Session-7
Law of Access to Sea and the
Rights of the Land Locked
Countries
Session-8
International, Regional and
Bilateral Organizations and
Institutions

















Evolution of International Law and International Relations
Present International Order
State Sovereignty and the UN System
Sources of Law
o Sources of Municipal Law
o Sources of International Law
Application (Domestication) of International Law in Nepali
Courts
Subjects of International Law
Formation of Treaties
Reservations of Treaties
Application of Treaties
Interpretation of International Treaties
Invalidation, Termination of Treaties
Treaties and Jus cogens
Civil Jurisdiction
Criminal Jurisdiction
Extraterritorial Jurisdiction
Concurrent Jurisdiction
Extradition
 State Immunity
 Diplomatic and Consular Relations Law
o
Immunities and Privileges of International
Organizations and their Officials
o
Immunities and Privileges of Foreign Diplomats
 Air Law
 Applicable International Rules in Regard to Air Law
 Nepali Legislation Relating to Air Law
 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
 The UN System
 The WTO
 The World Bank and the International Monetary
43



Session-9
Settlement of International
Disputes







Fund
SAARC
BIMSTEC
Bilateral Institutions
o
Bilateral Trade Agreements
o
Bilateral Investment Agreements
o
Double Taxation Agreements
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 Decisions
References
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 Cases
Case 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.10
Mavrommatis 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.
44
Case Concerning United States Diplomatic and Consular Staff in Tehran (USA v. Iran), Judgment,
[1980] ICJ Reports.
Gabcikovo-Nagymaros Project (Hungary v Slovakia) [1997] ICJ Reports 7.
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/Constitution
The 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.
45
Training Course: Public Policy, Policy Research and Policy Advocacy
Objectives
The objectives of the course include as follows:
 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
Main Topics
Sub Topics

Session- 1
Concept of public policy
Session-2
Policy Analysis
Session-3
Evaluation and Instruments
Session-4
Policy Research
Session-5
literature review, sources of
information and research
methods
Session-6
Research reporting
Session-7
Policy Advocacy
Session-8
Effective Policy Advocacy
Session-9
Appraisal of Policy Advocacy






•
•
•
•
•





Understanding Public Policy (what is public policy and
how it is different than general policy)
Policy Cycle
Mode of Policy Analysis
Policy Analysis for Democracy
Policy Analysis as Critique
The politics of Policy Evaluation
The Instruments of Public Policy
Nature of policy research
Research questions
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
Presentation and reporting of research
Defining Policy Advocacy
Different Approaches to Policy Advocacy
The foundations of Effective Policy Advocacy
Fuss and Flaws of Policy Advocacy
Framework to Policy Advocacy
References
Moran, M., Rein, M., & Goodin, R. (eds.). (2006). The Oxford Handbook of Public Policy
Gilson, 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 1International Center for Policy Advocacy
46
Training Course: Public Procurement Law
Objectives
The 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
Main Topics
Sub Topics
Session-1
PUBLIC PROCUREMENT LAW: BASIC
CONCEPTS AND PRINCIPLES
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
Session-2
UNCITRAL MODEL LAW ON
PROCUREMENT OF GOODS AND
CONSTRUCTION AND SERVICES
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Session-3
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
PUBLIC PROCUREMENT LAW IN NEPAL

Session-4
ORGANIZATION AND MANAGEMENT
OF PUBLIC PROCUREMENT SYSTEM
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.
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)

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.
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
47
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
Session-5
PRIVATELY
FINANCED
INFRASTRUCTURE PROJECTS (PFI)
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Session-6
(PFI)
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
Session-7
GOVERNMENT PROCUREMENT UNDER
WTO

policy and review authorities.
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.
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)
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.
Provisions of
WTO’s plurilateral Agreement on
Government Procurement.
48



Session-8
Session-9
References
CORRUPTION AND COLLUSION IN
PUBLIC PROCUREMENT


Why is the Agreement on Government Procurement
of WTO a plurilateral agreement?
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
Court Cases
49
Training Course: Sports Law
Objectives
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
Main Topics
Sub Topics
Session- 1
Introduction
Session-2
INSTITUTIONS
Session-3
Session-4
Application of Tort Law to
Sports
Athletic Associations
Session-5
The Athlete and Constitutional
Law
Session-6
Drug Testing and Policies
Session-7
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The Sports Industry
Professional Sports Leagues
Sponsorships, Licensing, and Merchandising
The Olympics
Organizational Structure
International Federations and National
Governing Bodies
International Olympic Committee Responsesto Prevailing
Legal Issues
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
Introduction
The Nepal Olympic Committee
National Sports Council
Other Athletic Associations
Athletic Associations and Constitutional Issues
State Action Requirement
Due Process
Procedural Due Process
Substantive Due Process
Equal Protection
Alcohol, Drug, and Conduct Rules
Legal Principles in Drug Testing
Constitutional Law
Contract and Labor Law
Drug Policies and Legal Challenges
Olympic and International Sports
Professional Sports
National Football League
National Cricket Association
National Football League
Professional Golf Association
50
Session-8
Session-9

Women’s National Football Association




Principles of Contract Law
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
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
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


References
1. Glennm Wong 2010, Essentials of Sports Law, Fourth Edition, PRAGER
2. Richard Parrish 2003, Sports Law Policy in the European Union, Manchaster University Press
51
Training Course: Torture and Criminal Law
Objectives
The 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
Session1
Introduction of Torture
Session-2
Historical Account of Torture
Session-3
International
Torture
Instruments
on
Session-4
Legal Provisions relating to Torture
in Nepal
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o
o
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Definition of torture
Historical facts about torture
Types of torture
Purpose of torture
Consequences of torture.
Torture Practice in some of the Countries:
The United Kingdom
The USA
The Philippines
India
Srilanka
Pakistan
Bangladersh
History of Torture in Nepal
Kirat Period
Lichhavi Period
Malla Period
Shah Period before the Pre- Rana Period
Rana Period
Shah Period
After Shah Period to present day

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
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.
Constitutional provisions
Legal Provisions
52

Session-5
Role of Different Institutions to
Stop Torture
Session-6
Role of Judiciary
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Role of Judiciary on Prevention of Torture
Justice to the Torture Victims under the Criminal Justice
System of Nepal.



Introduction
Lawful Sanctions
The International Criminal Court

Rehabilitation Programs for Victims of Torture.
Session-7 Justice to the Torture Victims
Session-8
International Tribunals.
Session-9
Rehabilitation Programs
References
Prescribed Reading Materials:
A) CONSTITUTIONS AND LEGISLSTIONS
Muliki Ain ( Country Code) Chapter Of Beritsanga Thunneko
Mahal., Nos. -1, 2, 3,4,5, 6 and 7.
Torture Compensation Act, 2053 B.S.
Human Rights Commission Act, 2053
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.
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.
53
-----------, Muluki Ain, 2020 (Country Code, Nepali version).
-----------, Police Act, 1955.
-----------, 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) BOOKS
Access 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.
54
Shrestha, Nirakar Man and Sharma Bhogendra, Torture and Torture Victims: A Manual for Medical
Professionals, Kathmandu:1994.
-----------, 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 COMMENTS
Amnesty 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, 2002
Asian 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, 2004
CAT 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.
55
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.
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.
56
Informal Sector Service Centre (INSEC), Nepal Human Rights Year Book, 1997.
-----------, Nepal Human Rights Year Book, 1998.
-----------, Nepal Human Rights Year Book, 1999.
-----------, 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 INSTRUMENTS
United 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 1955
Basic 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).
57
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.
(F) WEBSITES
www: insec.org.np
www.katmanduonline.com;
www.kantipuronline .com/kol news.php & nid=42324.
www.icrc.org
www.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/BULLETINS
Supreme 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.
58
Training Course: Transitional Justice
Objectives
The objectives of the course include as follows:
 To study the concept of TJ
 To familiarize with the truth commission
 To study the different aspect of TJ
Session
Main Topics
Sub Topics
Session-5
Introduction to transitional  Origins of transitional justice
Justice
 Concept of transitional justice
Overview goals of transitional  Attempt of T.J to accomplish
justice
 Goals of TJ
Justice
as
truth
and  Truth vs justice
reconciliation
 Reconciliation ,truth telling
Amnesties
Amnesties
 Peace vs justice
Justice as criminal accountability  TJ as war Justice
Session-6
International criminal court
Session-7
International tribunals
Session-8
Audio Visual
Session-9
Court Cases
Session- 1
Session-2
Session-3
Session-4
 Structure and composition
 Jurisdiction
 Nuremberg and Tokyo Trial
 ICTR
 ICTY
 Audio Visual
List of cases are available in Transitional Justice and Right to a
Remedy, Supreme Court Jurisprudence in Nepal, 2012, ICJ,
NBA.
References
International center for transitional justice, ''what is Transitional Justice?"
Kerr and Mobekk," peace and Justice: an introduction 1-17 pages
United 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; 95-118
Aukerman,miriamj.''extra ordinary evil,ordinary crime : a framework for understanding transitional
Justice .Harvard human rights journal spring 2002 40-97
Transitional Justice and Right to a Remedy, Supreme Court Jurisprudence in Nepal,2012,ICJ, NBA.
59
Training Course: Victomology
Objectives
The 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-victims
Session
Main Topics
Sub Topics
Session- 1
Conceptual
Victimology
Session-2
Meaning and
crime-victims
Session-3
Rights of crime-victims
Session-4
Justice System
Session-5
Nepalese perspectives on the
victims' issues
Session-6
Role of State agencies towards
victims
Session-7
Session-8
Development
definition
of
of
Legal Aid
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

Krishna Bahadur Lama vs. HMG. Cr. Appeal No
5257/059 (On 2061-9-6)
Bhim Bahadur Oli vs. HMG, Writ 3394/061 (On 206210-18)
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

Session-9
Landmark decisions made by
Supreme court of Nepal
Meaning and definition of Victimology
Evolution and conceptual development of Victimology
Victimological development in Nepal
Definition of crime-victims
Kinds of crime-victims
Rights of crime-victims
o Human rights
o Fundamental rights
Role of crime-victims in criminal justice system
Victims witness assistance and protection
Natural justice
Restorative justice
Distributive justice
Criminal justice
Victim justice
Constitutional provisions
Statutory provisions
Role of Police in investigation
Role of Government attorney in prosecution
Role of court regarding the issues of victims in criminal
procedures
Legal aid towards victims' issues



60

2065-1-30)
Jagdish Thapa vs. HMG. Writ No 3326/063 (On 2065-130)
References
1. Shrestha, Dr. Shankar Kumar, A step towards Victime Justice System, Pairavi (2001)
2. Shrestha, Dr. Shankar Kumar, A step towards Victime Jurisprudence (2062BS)
61
Training Course: Water Law
Objectives
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
Main Topics
Session- 1
General Introduction to water
and Water Law



Notion and Purpose
Importance of Water Law
source of Water Law
General Principles of Water Law

General Principles of Water Law
Session-2
Sub Topics
Session-3
Theory of Water right: concept
and recent development
Session-4
Ownership and Use of Water
Resources
Session-5
Water Related Laws in Nepal
Session-6
Norms and principle
international law on Shared
River
Session-7
Indo Nepal Water
Riparian Rights
Session-8
Session-9
Relation:
Institutional mechanism on
implementation of water law
and ensuring water rights
Role of Judiciary for ensuring
water righs




Classical Theory
Territorial Sovereignty Theory
Modern Theory
The Human right to water






Principle of imminent domain
Limitation of Water Rights
Priority of Water Use
Water pollution Related Laws
Use related laws
hydro power related

Norms and principle international law on Shared River
 Kosi Agreement
 Gandak Agreement
 Mahakali Agreement

Institutional mechanism on implementation of water
law and ensuring water rights
Selected Cases will be provided later
References
1. Chhatraprati Singh, Water Rights and Principles of Water Resources Management, ILI, India
2. Rajendra Pradhan, Water Rights Conflicts and Policy, IIMI
3. Rajendra Pradhan et.el, Water, Land and Law, Changing Rights to Land and Water Law in
Nepal, FREEDEAL
4. Dina Mani Pokharel, the Water Rights, Annual Survey of Nepalese Laws, Nepal Bar Council, 2004
5. Dinaq Mani Pokharel, Water Laws in Nepal, Annual Survey of Nepalese Laws, Nepal Bar Council,
2002
62
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 Treaty
9. India Nepal Koshi Project Agreement.
10. Nepal India Gandak Irrigation and Power Project Agreement
11. Helsinki Rules on International Rivers
12. Water Resources Act
13. Electricity Act
63
Training Course: Writ Jurisduction and PIL
Objectives
The objectives of the course include as follows:





Session
To explain the grounds of different writs.
To understand the Judicial activism in relation to Judicial self-restraint,
To study the concept of precedent,
To identify precedents by locating ratio decidendi.
Main Topics
Sub Topics
Writ Remedies


Concept of Full Justice
Writ of Habeas Corpus
Session-2
Writ Remedies

Writ of Mandamus
Session-3
Session-4
Session-5
Session-6
Writ Remedies
Writ Remedies
Writ Remedies
Writ Remedies






Session-7
PIL and Judicial Activism

Writ of Certiorari
Writ of Quo warranto
Writ of Prohibition
Injunction
Concept of PIL & Judicial activism
Controlling prespective misuse of PIL & Judicial
activism
Constitutional & Legal mandates




Meaning and nature of order
Concept of precedent
Ratio decidendi and obites dicta
Recognition of precedent in different legal system
Session- 1
Session-8
Other appropriate order
Session-9
Doctrine of Precedent
References
H.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
64
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
Main Topics
Sub Topics
Session- 1
Introduction and
Background of WTO
Session-2
Organs of WTO
Session-3
Major Aspects of WTO
Session-4
Session-5
Major Agreements of WTO
Major Agreements of WTO
Major Agreements of WTO
Session-6
Historical
Session-7
Nepal's membership to WTO
Session-8
Status of implementation of
Commitments in the WTO
Session-9
Implication of WTO
Agreements/ Dispute
Settlement and Role of Lawyers















Introduction to WTO and its establishment
Historical Background of WTO
Necessity of WTO
Constitution of WTO
Objectives of WTO
Activitieso of WTO
Membership of WTO
Ministerial conferences of WTO
Equal treatment
Most Favoured nation
Reciprocity
Protection of IPR
Dispute settlement
General Agreement on Tarrifs and Trade : GATT 1994
General Agreement in Trade in Services

Trade Related Aspects of Intellectual Property Rights








Application and commitments for membership
Objectives to become Member of WTO
Facilities after membership
Challenges of membership
Commitments made by Nepal in the WTO
Situation of implementation of commitments
Potential impacts of implementation
Responsibility of becoming membership Settlement of
dispute
Roles of Lawyers.

References
1. World trade Organisation (2008), Understanding the WTO, 5th edition, WTO Geneva
2. 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, London
5. Surendra Bhandari, WTO and Developing Countries 2002, Deep and Deep Publications, New
Delhi
6. 9th Plan, Planning Commission
7. 10th Plan, Planning Commission
8. Shrestha SK, Niranjan Baral, WTO South Asia and Nepal, 2002, Book Palace Kathmandu
9. Antonio SP, Brandao and W Martin, Implications of Agricultural Trade Liberalization for
Developing Countries’ 1993, Agricultural Economics No 8.
65
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 WTo
12. Ministry of Commerce and Trade, WTO and Nepal’ 2012-12-03
13. www.wto.org
14. www.mocs.org.np
66