legal studies - bahria university

30
LEGAL STUDIES The Department of Law is currently running LL.M (2Years) program spreading over 4 Semesters. The candidates having passed LLB from any HEC recognized university are eligible for admissions. Our LL.M degree is in accordance with the guidelines and requirements of HEC and Pakistan Bar Council. 1 PhD in Law Legum Magister LL.M Internaonal & Marime Law LL.M

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Page 1: LEGAL STUDIES - Bahria University

LEGAL STUDIESThe Department of Law is currently running LL.M (2Years) program spreading over 4 Semesters. The candidates having passed LLB from any HEC recognized university are eligible for admissions. Our LL.M degree is in accordance with the guidelines and requirements of HEC and Pakistan Bar Council.

1

PhD in Law

Legum Magister LL.MInternational & Maritime Law LL.M

Page 2: LEGAL STUDIES - Bahria University

2

Ph.D in LawDepartment of Legal Studies

Objectives of the Degree

Available Specialization

Program TimingEvening

Available Campuses

Regular Program Duration

Islamabad

3 Years6 Semesters

General

LLM degree from an HEC recognized university with a minimum CGPA of 3.0/4.0 (semester system) or 60% marks (annual system). HEC’s equivalency certificate is required for LLM degree from foreign university. NTS-GAT (Subject test) or GRE (Subject test) with minimum 60% marks or BU Computer based test with minimum 70% marks.

Entry RequirementsThe objective of PhD program is:To groom scholars for the industry and for the academic world.To unveil new spectrums of knowledge either by discovery of new facts, or by the formulation of new theories.To introduce innovation in studies. To ensure development of law by working on reinterpretation of established theories and doctrines.To become hub of innovative research and scholarship.To improve quality of research by introducing new research techniques and methods.

The PhD program of Bahria University is designed to give scholars exposure to different aspects and areas of law. It is expected that they will understand intricacies of legal theory and practical issues keeping in view the developments at international level. This program will empower and equip scholars to apply knowledge and critical thinking skills to carry out legal analysis, reasoning and problems solving including substantial alternative constructions and interpretations. This program is designed while keeping in view academic level of the potential scholars and their work experience. The program will ensure that students should get advanced understanding of law and legal theory. Through, this program student will be able to work on developing and improving theories, rules and ethics of legal profession by establishing commitment to uphold the honor and integrity of the legal profession, to conduct themselves with morality, dignity, and care, adoring the values and principles that are expressed by the legal profession, and to treat others with civility, justice and respect, even in disagreement. This program is aimed to produce original research in range of legal disciplines, giving scholars expertise across the board and providing the required skills.

The unique federal and diverse character of the BU will further encourage and enrich social and cultural integration in Pakistan. The department will research, debate, analyze, evaluate and integrate various modes of indigenous systems of the administration of justice prevailing in different parts of the country. It will focus and work for creating a tolerant and liberal vision that will ensure long term social benefits necessary for an enlightened and moderate society. The department will focus to develop the intellectual and practical skills of students and in particular it will aim that students are enabled to develop and demonstrate independent thinking, plan and carry out independent research and apply basic skills and techniques of legal research. The department will be a key partner with government

Learning outcome of the Degree Program

Why choose BU for the Stated Degree Program?

Page 3: LEGAL STUDIES - Bahria University

3

Ph.D in LawDepartment of Legal Studies

Future Career Prospects

Research Groups Relevant to this Degree Programme, within BU and their area of interest

Law and Social Policy

It will help scholars to start their own independent practice, law firms or research think tanks. The students of PhD Law will be able to establish themselves as academicians and work as the legal professors in different law faculties across the country. Higher scholarship will help scholars to improve their legal practice and work as consultant with Ministries and different organizations. Scholars can work in policy making institutions and help in drafting new policies and improving the existing policies.

initiatives and will provide services in its field of expertise. It will have strong partnerships and linkages with world class universities in the field of legal education and research.

PhD Scheme of Studies

Course Work 18

Thesis 36

Total Credit Hours for PhD Program

54 credit hours

PhD Road Map

Semester-1

Course Title Course Title Credit Hours LLP-801 Advanced Research Methods in

Law(Compulsory) 3

LLP-801 Elective 2 3 LLP-801 Elective 3 3

Page 4: LEGAL STUDIES - Bahria University

4

PhD LawDepartment of Legal Studies

Semester-2

Course Title Course Title Credit Hours LLP-XXX Elective 4 3 LLP-801 Elective 5 3 LLP-801 Elective 6 3

Course work of 18 credit hours will be complete after 2nd semester.

Semester-3

Comprehensive Exam Approval Thesis Proposal

Semester-4

Research Work Semester-5 Research Work Semester-6 Research Work

Thesis

Course Code Course Title Credit Hours LLP-812 Thesis 36 credit Hour

Page 5: LEGAL STUDIES - Bahria University

5

PhD LawDepartment of Legal Studies

LIST OF ELECTIVE COURSES

Course Code Subject Title Credit Hours

LLP-801 Advanced Research Methods in Law 3

LLP-802 Legal History of the Subcontinent 3

LLP-803 Comparative Legal Theory/Philosophy 3

LLP-804 Law and Governance: Institutional Framework 3

LLP-805 Comparative Legal System and Procedure 3

LLP-806 Transformation of Sharia into Law: The Modern Application of Sharia 3

LLP-807 Technological Advancement in Law 3

LLP-809 Law and Regional Integration: With Focus On CPEC 3

LLP-810 Comparative Criminal Justice System 3

LLP-811 Comparative Human Rights Law 3

LLM-701 Administrative Law 3

LLM-702 Alternate Dispute Resolution 3

LLM-703 Banking Law 3

LLM-704 Commercial/ Business Law 3

LLM-705 Company/ Corporate Law 3

Page 6: LEGAL STUDIES - Bahria University

6

PhD LawDepartment of Legal Studies

LLM-718 Law And Society In South Asia 3

LLM-719 Law Of Evidence 3

LLM-720 Law Of International Institutions 3

LLM-721 Law Of Taxation 3

LLM-722 Legal History Of Pakistan And India 3

LLM-723 Shipping Law 3

LLM-724 Western Jurisprudence And Legal Theory 3

LLM-706 Comparative Constitutional Law 3

LLM-707 Comparative Environmental Law 3

LLM-708 Comparative Human Rights Law 3

LLM-709 Comparative Study Of Islamic And Western Jurisprudence

3

LLM-710 Constitutional Law Of Pakistan 3

LLM-711 Criminology 3

LLM-712 Intellectual Property Laws 3

LLM-713 International Economic Law 3

LLM-714 International Trade Law 3

LLM-715 Islamic Law 3

LLM-716 Labour Law 3

LLM-717 Law And Politics 3

LLM-726 Cyber Space Law: Internet Jurisdiction And Dispute Resolution 3

LLM-727 Cybercrime: International Cooperation And Digital Investigations 3

Page 7: LEGAL STUDIES - Bahria University

7

PhD LawDepartment of Legal Studies

LLM-728 E-Commerce Laws 3

LLM-729 Media Laws 3

LLM-730 Global Security & Human Rights Law 3

LLM-731 International Refugee Law 3

LLM-732 International Investment Law 3

LLM-733 Comparative Criminal Justice 3

LLM-734 International Humanitarian Law 3

LLM-735 Immigration Law 3

LLM-736 Law Of Treatise 3

LLM-737 Islamic Law Of War And Peace 3

LLM-738 International Criminal Law 3

LLM-739 Energy And Climate Change Law 3

LLM 740 Public International Law 3

LLM 741 International Maritime Laws 3

LLM 742 Carriage Of Goods By Sea 3

LLM 743 International Commercial Arbitration 3

LLM 744 Commercial Conflict Of Laws 3

LLM 745 Shipping Contracts 3

LLM 746 Marine Insurance 3

LLM 747 Law Of Marine Environment 3

LLM 748 Crimes At Sea 3

Page 8: LEGAL STUDIES - Bahria University

8

PhD LawDepartment of Legal Studies

Course Details

1. Advanced Research Methods in Law

The course provides an advanced program of research training for students of proven academic ability.

It provides structured and systematic examination of the nature, aims and methodologies of legal research as a foundation for dissertation design and writing. Included in the unit of study content are examinations of fundamental aspects of the legal research process, including problem definition,methodology, design of the research proposal, considerations of ethical issues, quantitative research in law, questionnaire and survey design, interdisciplinary approaches to investigating legal controversies, comparative research and the publication of legal research. Also included is a systematic review of the main online research tools for finding primary and secondary legal sources, including foreign legal materials. Overall, the unit provides students the opportunity to apply and modify investigative, analytical and critical skills gained and developed through the coursework units to the resolution of a legal problem.

Recommended Books:

Armstrong and Christopher A. Knott, Where the Law Is: An Introduction to Advanced Legal Research

Fourth Edition, West Law School 2012.

200 of 243

2. Legal History of the Subcontinent

Topics of Study:

a. What is History? [a] The subject matter of history; [b] Knowability of the past; [c] Purpose of history; [d] Relationship between history and its neighbours; [e] Relationship between history and law.

b. Historical Evolution of Indian Legal System

c. Evolution of Hindu law: The stages of Hindu law in Indian history.

d. Dharma: [a] Definition and meaning of purusharthas; [b] Definition and meaning of dharma; [c] Branches of dharma.

e. Role of the State in Ancient Indian Society: [a] Early experiments, [b] Tribal polity; [c] Tribal assemblies; [d] Later-Vedic developments, especially the concept of kingship; [e] Royal functions; [f] Councilors and officials; [g] Oligarchies and republics.

f. Colonial Law and Cultural Difference: Jurisdictional Politics and the Formation of the g. Colonial State

h. Feudalism: [a] Quasi-feudalism; [b] Feudalism; [c.] Local administration; [d.] Working of the Mahasabhas.

i. Social organizations in ancient India: [a] Varna system; [b] Gotraand pravara; [c] Varna and jati;

[d] Family; [e] Status of women.

j. Economic Structure of Ancient India: [a] Pastoralism; [b] Peasant phase; [c] Village; [d]

k. Agriculture and stockbreeding; [e] Origin and types of property; [f] Urban centres; [g] Guilds; [h]

Trade and finance; [i] Maritime trade.

l. The Way India Was Conquered and Political Power Consolidated: Impact On Legal Traditions.

m. The Judicial System of the East India Company

n. The Administration of Justice in Medieval India: a study in outline of the judicial system under

the sultans and the Badshahs of Delhi based mainly upon cases decided by medieval courts in

India between 1206-1750 AD

o. Codification of laws as statutory laws, except personal laws:

p. Judicial system in Pre-Mughal Period

q. History of Law Reporting in India

r. History of Legal Profession

Recommended Readings:

1. Baxi, Upendranath, Towards an Indian Sociology of Law, [New Delhi, 1986]

2. Derret, Duncan M., Religion, Law and the State in India [New Delhi, 1999]

3. Fyzee, A.A.A., Outlines of Mohammedan Law, [Bombay, 1951]

4. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997]

5. Jois, Justice M. Rama, Legal and Constitutional History of India: Ancient Legal, Judicial and

Constitutional System [Delhi, 2001]

6. Lingat, Robert, The Classical Law of India [New Delhi, 1998]

7. Mathur, AshutoshDayal, Medieval Hindu Law: Historical Evolution and Enlightened Rebellion

[New Delhi, 2007]

8. Mensky, Werner, Comparative Law in a Global Context: The Legal Systems of Asia and

Africa,[Cambridge, 2006]

9. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New Delhi, 1969]

10. Sreenivasa Murthy, H.V., History of India Part I For Law Students, National Law School of

India, Bar Council of India, [Eastern Book Company, Lucknow, 2008]

11. Alschuler, Albert W., Law without Values: The Life, Work and Legacy of Justice Homes

[Chicago: Chicago University Press, 2000]

12. Embree, Ainslie T., [ed.], Sources of Indian Tradition, Vol 1: From the Beginning to 1800 [New

Delhi: Columbia Press, 1988] 201 of 243

13. Gordon, Robert W., The Legacy of Oliver Wendell Holmes, Jr. [Edinburgh, 1992]

14. Guha, Ranajit, A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement [Paris, 1963]

15. Habib, Irfan, [ed.], Medieval India I: Researches in the History of India, 1200-1750, [New Delhi, 1992]

16. Holmes, Oliver Wendell, The Collected Works of Justice Holmes [S. Novick, ed.], [Chicago, 1995]

17. Posner, Richard A., The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. [Chicago, 1992]

18. Pound, Roscoe, Jurisprudence, Vol. 1 [St. Paul, Minnesota, 1959]

19. Kane, P.V., History of Dharmasastra, Vols. 1-5 [Poona, 1968]

20. Kangle, R.P., The KautilyaArthasastra[Bombay, 1969]

21. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History, [Lucknow, 2005]

22. Mahajan, V.D., Jurisprudence and Legal Theory [Lucknow, 2003]

23. -, Hindu Law: Beyond Tradition and Modernity, [Delhi: Oxford University Press, 2008; first published in 2003]

24. Novick, Sheldon M., Honourable Justice: The Life of Oliver Wendell Holmes, [Chicago, 1989]

25. Raychaudhuri, Hemchandra, Political History of Ancient India, [New Delhi: Oxford University

Press, 2006; seventh impression; first published in 1923]

26. Rizvi, S.A.A., The Wonder that was India, Part II: A Survey of the History and Culture of the Indian Sub-Continent from the Coming of the Muslims to the British Conquest, 1200-1700,

[New Delhi, 1993]

27. Saharay, H.K., Legal and Constitutional History of India [A Legal Study of the Constitutional

Development of India] [Calcutta, 1985]

28. Schacht, Joseph, Introduction to Islamic Law, [Oxford: Clarendon Press, 1993; first published

in, 1963]

29. Sharma, Arvind, Hinduism and Human Rights: A Conceptual Approach, [New Delhi, 2007]

30. Trautmann, Thomas R., Aryans and British India, [New Delhi: Yoda Press, 2004]

31. Qazalbash, Yawer, Principles of Muslim Law, Second Edition, 2005, [Allahabad: Modern Law

House, 2005]

3. Comparative Legal Theory

Topics of Study

a. Pre-Aristotle developments

b. 2. Aristotle-His Social & Legal philosophy

c. Law, Justice, Equity

d. Post Aristotle and legal Philosophy

e. Different Schools of Thought

f. Modern Trends in Legal Philosophy

g. International Law in Jurisprudence

h. Law of Nature-as Propounded by Different Schools of Legal Philosophy

Recommended Readings:

1. Salmond on Jurisprudence.

2. Holland, The Elements of Jurisprudence.

3. Pollak Sir, Jurisprudence & Legal Essay.

4. Aristotle, Politics (Ed. E. Barker, London).

5. Politics (Benjamin Jowett. New York).

6. Hobbes, Leviathan (Chaps 13-26).

7. Locke, Of Civil Government (Book-II).

8. Austin, Lectures in Jurisprudence, Lec 1-6.

202 of 243

9. Bentham, Theory of Legislation.

10. Maine, Ancient Law.

11. M.D.A. Freman, Introduction to Jurisprudence, London, Sweet &

12. Maxwell.

13. J.W.Harris, Legal Philosophies, London, Butterworths.

14. H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford

15. Julis Stone, Province and Function of Law.

16. Hall, Readings in Jurisprudence.

17. Cohen & Cohen, Readings in Jurisprudence and Legal Philosophy.

5. Comparative Legal Systems and Procedures:

The comparison of legal systems has for a long time been an essential branch of legal research and

jurisprudence. It has become even more important and relevant in our era of globalization, an era in

which there is no field of law that can base its knowledge exclusively on national ideas and rules of

procedure. The law of any system is based on legal tradition. Generally, law changes very slowly. To

study law without knowing something of its history is to study law in a vacuum. Indeed, it is often

argued that legal history and comparative law have close links. The history of a legal system also

explains some of its characteristics and peculiarities and the study of the historical development or

background of legal ideas is sometimes referred to as historical jurisprudence – a study which is not

much in fashion nowadays. All legal systems in the world today have reached the present through a

process of evolution. Some comparatives would argue that you cannot begin to use the comparative

method unless you thoroughly understand the history of a particular legal system. It may not always

be possible to have a thorough grasp of the history of a system let alone several systems, but it is

helpful to have at least a general knowledge, because this will help your understanding of why a

system is as it is today.

This course will also include the theoretical aspects of legal procedure in both the civil and criminal

contexts, and exposes a number of interesting issues that will be analyzed through comparative

lenses. The primary purpose is to provide new ways of thinking about legal procedure and evidence.

Procedural rules are often thought of as being secondary and technical in nature, bearing no

normative significance and merely facilitative. A deeper enquiry will reveal that serious theoretical

issues underpin many procedural rules and that, while most procedural regimes seek to achieve the

same general purpose (resolving disputes over legal rights), they often do so in different ways that

may signify philosophical difference as well as different balances between the various competing

interests.

Recommended Readings:

1. Basil C. Bitas, Comparative Legal Systems, LexisNexis

2. René David, John E. C. Brierley, Major Legal Systems in the World Today: An Introduction to

the Comparative Study of Law, Simon and Schuster, 1978

3. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

4. New South Wales. Law Reform Commission, Studies in comparative civil and criminal

procedure, Volumes 1-2

Studies in Comparative Civil and Criminal Procedure, New South Wales. Law Reform

Commission 1978

6. Transformation of Shariah into Law: Modern Application of Shariah

Topics of Study

a. Introduction to the course

203 of 243

b. Codification of Sharia

c. Evaluation of the Codification of Sharia

d. The Attitude of Ullama and the Judiciary towards the Codification of Sharia

e. Sharia Risk: Islamic Finance transformation into Islamic Contract Law

f. Sharia and the Leadership of Muslim States

g. Pre-Modern Governance: The Circle of Justice

Recommended Readings:

1. Nyazee, Imran Ahsan Khan. Theories of Islamic Law. Islamic Research Institute, 2009.

2. Anderson, N. Law Reform in the Muslim World. London 1976.

3. Anderson, N. and N.J. Coulson, Islamic Law in Contemporary Cultural

Change. München 1967.

4. Bälz, K. “The Secular Reconstruction of Islamic Law: The Islamic Supreme Constitutional Court

and the ‘Battle over the Veil’ in State-Run Schools.”

5. Brown, N.J. and A.O. Sherif, “Inscribing Sharia in Arab Constitutional Law.” Washington

(unpublished). Chehata, Ch. Droit Musulman: Application au Proche-Orient. Paris 1970.

6. Coulson, N.J. Conflicts and Tensions in Islamic Jurisprudence. Chicago 1969.

7. The Political and Legal Theories of Muhammad. Abdullah and Rashid, Berkeley & Los Angeles 1966.

8. Khadduri, M. The Encyclopedia of Islam. New ed., VI (1991), 739.

9. Krawietz, B. “Cut and Paste in Legal Rules: Designing Islamic Norms with Talfiq.” Die Welt des

Islams I 42, 1 (2002), 3–40.

10. Layish, A. “The Contribution of the Modernists to the Secularization of Islamic Law.” Middle

Eastern Studies 14 (1978), 263–277.

11. “The Fatwa as an Instrument of Accommodation.” In Masud, Messick& Powers, Islamic Legal

Interpretation, 270–77.

7. Technological Advancement in Law

Topics of Study:

Recommended Readings:

8. Law and Regional Integration: With Focus On CPEC

Topics of Study

Recommended Readings:

9. Comparative Criminal Justice System

In this course, the evolution and operation of criminal justice systems in different societies and

communities will be discussed. The emphasis of the course will be on the development of criminal

justice in response to social, historical and political factors. This course will also provide comparative

study of the major legal traditions (e.g., common law, civil law, socialist law) and analysis of the

criminal justice system across the world, including police, courts, and prisons. The students will

identify, analyze, and compare the criminal justice systems in the Pakistan with those of other

countries. The course will explain the basic worldwide philosophies of law and justice, the

arrangements for crime prevention and law enforcement, and the methods of dealing with convicted

offenders throughout the world.

Recommended Readings:

1. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

2. Pakes, Francis. Comparative Criminal Justice. Third Edition. Routledge Publishers 2014

3. Philip L. Reichel, Comparative Criminal Justice Systems: A Topical Approach (6th edition)

10. Comparative Human Rights

a. Topics of Study:

204 of 243

b. History

c. Individual as-subject of International Law.

d. Minority / Refugee Protection.

e. Covenant / Charter Provisions on Human Rights

f. Universal Declaration of Human Right.

g. International covenants on human rights

h. International Covenant on Civil and Political Rights.

i. International Covenant on Economic Social and Cultural Rights.

j. Optional Protocol

k. Other International Convention / I.L.O. Conventions.

l. Regional conventions in human rights

m. European Convention on Human Rights.

n. Helsinki Accord, 1975.

o. The Role of National / Regional / International Organization in the

p. Protection of Human Rights

q. 15. Humanitarian intervention.

Recommended Books:

1. Oliver Schutter, International Human Rights Law

2. Edward Arnold, Human Rights, 1978.

3. Rhona K.M. Smith and Christien van den Anker, The essentials of... human rights.

4. M R Ishey, The Human Rights Reader, 2nd ed, Routledge London/New York, 2007.

5. Charles R. Beitz, The Idea of Human Rights, OUP, New York, 2007.

6. Henry, J & Philip Alston, Human Rights in Context, OUP, 2000

7. Mashood A Baderin, Human Rights and Islamic Law, OUP, 2003

Page 9: LEGAL STUDIES - Bahria University

9

PhD LawDepartment of Legal Studies

Course Details

1. Advanced Research Methods in Law

The course provides an advanced program of research training for students of proven academic ability.

It provides structured and systematic examination of the nature, aims and methodologies of legal research as a foundation for dissertation design and writing. Included in the unit of study content are examinations of fundamental aspects of the legal research process, including problem definition,methodology, design of the research proposal, considerations of ethical issues, quantitative research in law, questionnaire and survey design, interdisciplinary approaches to investigating legal controversies, comparative research and the publication of legal research. Also included is a systematic review of the main online research tools for finding primary and secondary legal sources, including foreign legal materials. Overall, the unit provides students the opportunity to apply and modify investigative, analytical and critical skills gained and developed through the coursework units to the resolution of a legal problem.

Recommended Books:

Armstrong and Christopher A. Knott, Where the Law Is: An Introduction to Advanced Legal Research

Fourth Edition, West Law School 2012.

200 of 243

2. Legal History of the Subcontinent

Topics of Study:

a. What is History? [a] The subject matter of history; [b] Knowability of the past; [c] Purpose of history; [d] Relationship between history and its neighbours; [e] Relationship between history and law.

b. Historical Evolution of Indian Legal System

c. Evolution of Hindu law: The stages of Hindu law in Indian history.

d. Dharma: [a] Definition and meaning of purusharthas; [b] Definition and meaning of dharma; [c] Branches of dharma.

e. Role of the State in Ancient Indian Society: [a] Early experiments, [b] Tribal polity; [c] Tribal assemblies; [d] Later-Vedic developments, especially the concept of kingship; [e] Royal functions; [f] Councilors and officials; [g] Oligarchies and republics.

f. Colonial Law and Cultural Difference: Jurisdictional Politics and the Formation of the g. Colonial State

h. Feudalism: [a] Quasi-feudalism; [b] Feudalism; [c.] Local administration; [d.] Working of the Mahasabhas.

i. Social organizations in ancient India: [a] Varna system; [b] Gotraand pravara; [c] Varna and jati;

[d] Family; [e] Status of women.

j. Economic Structure of Ancient India: [a] Pastoralism; [b] Peasant phase; [c] Village; [d]

k. Agriculture and stockbreeding; [e] Origin and types of property; [f] Urban centres; [g] Guilds; [h]

Trade and finance; [i] Maritime trade.

l. The Way India Was Conquered and Political Power Consolidated: Impact On Legal Traditions.

m. The Judicial System of the East India Company

n. The Administration of Justice in Medieval India: a study in outline of the judicial system under

the sultans and the Badshahs of Delhi based mainly upon cases decided by medieval courts in

India between 1206-1750 AD

o. Codification of laws as statutory laws, except personal laws:

p. Judicial system in Pre-Mughal Period

q. History of Law Reporting in India

r. History of Legal Profession

Recommended Readings:

1. Baxi, Upendranath, Towards an Indian Sociology of Law, [New Delhi, 1986]

2. Derret, Duncan M., Religion, Law and the State in India [New Delhi, 1999]

3. Fyzee, A.A.A., Outlines of Mohammedan Law, [Bombay, 1951]

4. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997]

5. Jois, Justice M. Rama, Legal and Constitutional History of India: Ancient Legal, Judicial and

Constitutional System [Delhi, 2001]

6. Lingat, Robert, The Classical Law of India [New Delhi, 1998]

7. Mathur, AshutoshDayal, Medieval Hindu Law: Historical Evolution and Enlightened Rebellion

[New Delhi, 2007]

8. Mensky, Werner, Comparative Law in a Global Context: The Legal Systems of Asia and

Africa,[Cambridge, 2006]

9. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New Delhi, 1969]

10. Sreenivasa Murthy, H.V., History of India Part I For Law Students, National Law School of

India, Bar Council of India, [Eastern Book Company, Lucknow, 2008]

11. Alschuler, Albert W., Law without Values: The Life, Work and Legacy of Justice Homes

[Chicago: Chicago University Press, 2000]

12. Embree, Ainslie T., [ed.], Sources of Indian Tradition, Vol 1: From the Beginning to 1800 [New

Delhi: Columbia Press, 1988] 201 of 243

13. Gordon, Robert W., The Legacy of Oliver Wendell Holmes, Jr. [Edinburgh, 1992]

14. Guha, Ranajit, A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement [Paris, 1963]

15. Habib, Irfan, [ed.], Medieval India I: Researches in the History of India, 1200-1750, [New Delhi, 1992]

16. Holmes, Oliver Wendell, The Collected Works of Justice Holmes [S. Novick, ed.], [Chicago, 1995]

17. Posner, Richard A., The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. [Chicago, 1992]

18. Pound, Roscoe, Jurisprudence, Vol. 1 [St. Paul, Minnesota, 1959]

19. Kane, P.V., History of Dharmasastra, Vols. 1-5 [Poona, 1968]

20. Kangle, R.P., The KautilyaArthasastra[Bombay, 1969]

21. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History, [Lucknow, 2005]

22. Mahajan, V.D., Jurisprudence and Legal Theory [Lucknow, 2003]

23. -, Hindu Law: Beyond Tradition and Modernity, [Delhi: Oxford University Press, 2008; first published in 2003]

24. Novick, Sheldon M., Honourable Justice: The Life of Oliver Wendell Holmes, [Chicago, 1989]

25. Raychaudhuri, Hemchandra, Political History of Ancient India, [New Delhi: Oxford University

Press, 2006; seventh impression; first published in 1923]

26. Rizvi, S.A.A., The Wonder that was India, Part II: A Survey of the History and Culture of the Indian Sub-Continent from the Coming of the Muslims to the British Conquest, 1200-1700,

[New Delhi, 1993]

27. Saharay, H.K., Legal and Constitutional History of India [A Legal Study of the Constitutional

Development of India] [Calcutta, 1985]

28. Schacht, Joseph, Introduction to Islamic Law, [Oxford: Clarendon Press, 1993; first published

in, 1963]

29. Sharma, Arvind, Hinduism and Human Rights: A Conceptual Approach, [New Delhi, 2007]

30. Trautmann, Thomas R., Aryans and British India, [New Delhi: Yoda Press, 2004]

31. Qazalbash, Yawer, Principles of Muslim Law, Second Edition, 2005, [Allahabad: Modern Law

House, 2005]

3. Comparative Legal Theory

Topics of Study

a. Pre-Aristotle developments

b. 2. Aristotle-His Social & Legal philosophy

c. Law, Justice, Equity

d. Post Aristotle and legal Philosophy

e. Different Schools of Thought

f. Modern Trends in Legal Philosophy

g. International Law in Jurisprudence

h. Law of Nature-as Propounded by Different Schools of Legal Philosophy

Recommended Readings:

1. Salmond on Jurisprudence.

2. Holland, The Elements of Jurisprudence.

3. Pollak Sir, Jurisprudence & Legal Essay.

4. Aristotle, Politics (Ed. E. Barker, London).

5. Politics (Benjamin Jowett. New York).

6. Hobbes, Leviathan (Chaps 13-26).

7. Locke, Of Civil Government (Book-II).

8. Austin, Lectures in Jurisprudence, Lec 1-6.

202 of 243

9. Bentham, Theory of Legislation.

10. Maine, Ancient Law.

11. M.D.A. Freman, Introduction to Jurisprudence, London, Sweet &

12. Maxwell.

13. J.W.Harris, Legal Philosophies, London, Butterworths.

14. H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford

15. Julis Stone, Province and Function of Law.

16. Hall, Readings in Jurisprudence.

17. Cohen & Cohen, Readings in Jurisprudence and Legal Philosophy.

5. Comparative Legal Systems and Procedures:

The comparison of legal systems has for a long time been an essential branch of legal research and

jurisprudence. It has become even more important and relevant in our era of globalization, an era in

which there is no field of law that can base its knowledge exclusively on national ideas and rules of

procedure. The law of any system is based on legal tradition. Generally, law changes very slowly. To

study law without knowing something of its history is to study law in a vacuum. Indeed, it is often

argued that legal history and comparative law have close links. The history of a legal system also

explains some of its characteristics and peculiarities and the study of the historical development or

background of legal ideas is sometimes referred to as historical jurisprudence – a study which is not

much in fashion nowadays. All legal systems in the world today have reached the present through a

process of evolution. Some comparatives would argue that you cannot begin to use the comparative

method unless you thoroughly understand the history of a particular legal system. It may not always

be possible to have a thorough grasp of the history of a system let alone several systems, but it is

helpful to have at least a general knowledge, because this will help your understanding of why a

system is as it is today.

This course will also include the theoretical aspects of legal procedure in both the civil and criminal

contexts, and exposes a number of interesting issues that will be analyzed through comparative

lenses. The primary purpose is to provide new ways of thinking about legal procedure and evidence.

Procedural rules are often thought of as being secondary and technical in nature, bearing no

normative significance and merely facilitative. A deeper enquiry will reveal that serious theoretical

issues underpin many procedural rules and that, while most procedural regimes seek to achieve the

same general purpose (resolving disputes over legal rights), they often do so in different ways that

may signify philosophical difference as well as different balances between the various competing

interests.

Recommended Readings:

1. Basil C. Bitas, Comparative Legal Systems, LexisNexis

2. René David, John E. C. Brierley, Major Legal Systems in the World Today: An Introduction to

the Comparative Study of Law, Simon and Schuster, 1978

3. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

4. New South Wales. Law Reform Commission, Studies in comparative civil and criminal

procedure, Volumes 1-2

Studies in Comparative Civil and Criminal Procedure, New South Wales. Law Reform

Commission 1978

6. Transformation of Shariah into Law: Modern Application of Shariah

Topics of Study

a. Introduction to the course

203 of 243

b. Codification of Sharia

c. Evaluation of the Codification of Sharia

d. The Attitude of Ullama and the Judiciary towards the Codification of Sharia

e. Sharia Risk: Islamic Finance transformation into Islamic Contract Law

f. Sharia and the Leadership of Muslim States

g. Pre-Modern Governance: The Circle of Justice

Recommended Readings:

1. Nyazee, Imran Ahsan Khan. Theories of Islamic Law. Islamic Research Institute, 2009.

2. Anderson, N. Law Reform in the Muslim World. London 1976.

3. Anderson, N. and N.J. Coulson, Islamic Law in Contemporary Cultural

Change. München 1967.

4. Bälz, K. “The Secular Reconstruction of Islamic Law: The Islamic Supreme Constitutional Court

and the ‘Battle over the Veil’ in State-Run Schools.”

5. Brown, N.J. and A.O. Sherif, “Inscribing Sharia in Arab Constitutional Law.” Washington

(unpublished). Chehata, Ch. Droit Musulman: Application au Proche-Orient. Paris 1970.

6. Coulson, N.J. Conflicts and Tensions in Islamic Jurisprudence. Chicago 1969.

7. The Political and Legal Theories of Muhammad. Abdullah and Rashid, Berkeley & Los Angeles 1966.

8. Khadduri, M. The Encyclopedia of Islam. New ed., VI (1991), 739.

9. Krawietz, B. “Cut and Paste in Legal Rules: Designing Islamic Norms with Talfiq.” Die Welt des

Islams I 42, 1 (2002), 3–40.

10. Layish, A. “The Contribution of the Modernists to the Secularization of Islamic Law.” Middle

Eastern Studies 14 (1978), 263–277.

11. “The Fatwa as an Instrument of Accommodation.” In Masud, Messick& Powers, Islamic Legal

Interpretation, 270–77.

7. Technological Advancement in Law

Topics of Study:

Recommended Readings:

8. Law and Regional Integration: With Focus On CPEC

Topics of Study

Recommended Readings:

9. Comparative Criminal Justice System

In this course, the evolution and operation of criminal justice systems in different societies and

communities will be discussed. The emphasis of the course will be on the development of criminal

justice in response to social, historical and political factors. This course will also provide comparative

study of the major legal traditions (e.g., common law, civil law, socialist law) and analysis of the

criminal justice system across the world, including police, courts, and prisons. The students will

identify, analyze, and compare the criminal justice systems in the Pakistan with those of other

countries. The course will explain the basic worldwide philosophies of law and justice, the

arrangements for crime prevention and law enforcement, and the methods of dealing with convicted

offenders throughout the world.

Recommended Readings:

1. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

2. Pakes, Francis. Comparative Criminal Justice. Third Edition. Routledge Publishers 2014

3. Philip L. Reichel, Comparative Criminal Justice Systems: A Topical Approach (6th edition)

10. Comparative Human Rights

a. Topics of Study:

204 of 243

b. History

c. Individual as-subject of International Law.

d. Minority / Refugee Protection.

e. Covenant / Charter Provisions on Human Rights

f. Universal Declaration of Human Right.

g. International covenants on human rights

h. International Covenant on Civil and Political Rights.

i. International Covenant on Economic Social and Cultural Rights.

j. Optional Protocol

k. Other International Convention / I.L.O. Conventions.

l. Regional conventions in human rights

m. European Convention on Human Rights.

n. Helsinki Accord, 1975.

o. The Role of National / Regional / International Organization in the

p. Protection of Human Rights

q. 15. Humanitarian intervention.

Recommended Books:

1. Oliver Schutter, International Human Rights Law

2. Edward Arnold, Human Rights, 1978.

3. Rhona K.M. Smith and Christien van den Anker, The essentials of... human rights.

4. M R Ishey, The Human Rights Reader, 2nd ed, Routledge London/New York, 2007.

5. Charles R. Beitz, The Idea of Human Rights, OUP, New York, 2007.

6. Henry, J & Philip Alston, Human Rights in Context, OUP, 2000

7. Mashood A Baderin, Human Rights and Islamic Law, OUP, 2003

Page 10: LEGAL STUDIES - Bahria University

10

PhD LawDepartment of Legal Studies

Course Details

1. Advanced Research Methods in Law

The course provides an advanced program of research training for students of proven academic ability.

It provides structured and systematic examination of the nature, aims and methodologies of legal research as a foundation for dissertation design and writing. Included in the unit of study content are examinations of fundamental aspects of the legal research process, including problem definition,methodology, design of the research proposal, considerations of ethical issues, quantitative research in law, questionnaire and survey design, interdisciplinary approaches to investigating legal controversies, comparative research and the publication of legal research. Also included is a systematic review of the main online research tools for finding primary and secondary legal sources, including foreign legal materials. Overall, the unit provides students the opportunity to apply and modify investigative, analytical and critical skills gained and developed through the coursework units to the resolution of a legal problem.

Recommended Books:

Armstrong and Christopher A. Knott, Where the Law Is: An Introduction to Advanced Legal Research

Fourth Edition, West Law School 2012.

200 of 243

2. Legal History of the Subcontinent

Topics of Study:

a. What is History? [a] The subject matter of history; [b] Knowability of the past; [c] Purpose of history; [d] Relationship between history and its neighbours; [e] Relationship between history and law.

b. Historical Evolution of Indian Legal System

c. Evolution of Hindu law: The stages of Hindu law in Indian history.

d. Dharma: [a] Definition and meaning of purusharthas; [b] Definition and meaning of dharma; [c] Branches of dharma.

e. Role of the State in Ancient Indian Society: [a] Early experiments, [b] Tribal polity; [c] Tribal assemblies; [d] Later-Vedic developments, especially the concept of kingship; [e] Royal functions; [f] Councilors and officials; [g] Oligarchies and republics.

f. Colonial Law and Cultural Difference: Jurisdictional Politics and the Formation of the g. Colonial State

h. Feudalism: [a] Quasi-feudalism; [b] Feudalism; [c.] Local administration; [d.] Working of the Mahasabhas.

i. Social organizations in ancient India: [a] Varna system; [b] Gotraand pravara; [c] Varna and jati;

[d] Family; [e] Status of women.

j. Economic Structure of Ancient India: [a] Pastoralism; [b] Peasant phase; [c] Village; [d]

k. Agriculture and stockbreeding; [e] Origin and types of property; [f] Urban centres; [g] Guilds; [h]

Trade and finance; [i] Maritime trade.

l. The Way India Was Conquered and Political Power Consolidated: Impact On Legal Traditions.

m. The Judicial System of the East India Company

n. The Administration of Justice in Medieval India: a study in outline of the judicial system under

the sultans and the Badshahs of Delhi based mainly upon cases decided by medieval courts in

India between 1206-1750 AD

o. Codification of laws as statutory laws, except personal laws:

p. Judicial system in Pre-Mughal Period

q. History of Law Reporting in India

r. History of Legal Profession

Recommended Readings:

1. Baxi, Upendranath, Towards an Indian Sociology of Law, [New Delhi, 1986]

2. Derret, Duncan M., Religion, Law and the State in India [New Delhi, 1999]

3. Fyzee, A.A.A., Outlines of Mohammedan Law, [Bombay, 1951]

4. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997]

5. Jois, Justice M. Rama, Legal and Constitutional History of India: Ancient Legal, Judicial and

Constitutional System [Delhi, 2001]

6. Lingat, Robert, The Classical Law of India [New Delhi, 1998]

7. Mathur, AshutoshDayal, Medieval Hindu Law: Historical Evolution and Enlightened Rebellion

[New Delhi, 2007]

8. Mensky, Werner, Comparative Law in a Global Context: The Legal Systems of Asia and

Africa,[Cambridge, 2006]

9. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New Delhi, 1969]

10. Sreenivasa Murthy, H.V., History of India Part I For Law Students, National Law School of

India, Bar Council of India, [Eastern Book Company, Lucknow, 2008]

11. Alschuler, Albert W., Law without Values: The Life, Work and Legacy of Justice Homes

[Chicago: Chicago University Press, 2000]

12. Embree, Ainslie T., [ed.], Sources of Indian Tradition, Vol 1: From the Beginning to 1800 [New

Delhi: Columbia Press, 1988] 201 of 243

13. Gordon, Robert W., The Legacy of Oliver Wendell Holmes, Jr. [Edinburgh, 1992]

14. Guha, Ranajit, A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement [Paris, 1963]

15. Habib, Irfan, [ed.], Medieval India I: Researches in the History of India, 1200-1750, [New Delhi, 1992]

16. Holmes, Oliver Wendell, The Collected Works of Justice Holmes [S. Novick, ed.], [Chicago, 1995]

17. Posner, Richard A., The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. [Chicago, 1992]

18. Pound, Roscoe, Jurisprudence, Vol. 1 [St. Paul, Minnesota, 1959]

19. Kane, P.V., History of Dharmasastra, Vols. 1-5 [Poona, 1968]

20. Kangle, R.P., The KautilyaArthasastra[Bombay, 1969]

21. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History, [Lucknow, 2005]

22. Mahajan, V.D., Jurisprudence and Legal Theory [Lucknow, 2003]

23. -, Hindu Law: Beyond Tradition and Modernity, [Delhi: Oxford University Press, 2008; first published in 2003]

24. Novick, Sheldon M., Honourable Justice: The Life of Oliver Wendell Holmes, [Chicago, 1989]

25. Raychaudhuri, Hemchandra, Political History of Ancient India, [New Delhi: Oxford University

Press, 2006; seventh impression; first published in 1923]

26. Rizvi, S.A.A., The Wonder that was India, Part II: A Survey of the History and Culture of the Indian Sub-Continent from the Coming of the Muslims to the British Conquest, 1200-1700,

[New Delhi, 1993]

27. Saharay, H.K., Legal and Constitutional History of India [A Legal Study of the Constitutional

Development of India] [Calcutta, 1985]

28. Schacht, Joseph, Introduction to Islamic Law, [Oxford: Clarendon Press, 1993; first published

in, 1963]

29. Sharma, Arvind, Hinduism and Human Rights: A Conceptual Approach, [New Delhi, 2007]

30. Trautmann, Thomas R., Aryans and British India, [New Delhi: Yoda Press, 2004]

31. Qazalbash, Yawer, Principles of Muslim Law, Second Edition, 2005, [Allahabad: Modern Law

House, 2005]

3. Comparative Legal Theory

Topics of Study

a. Pre-Aristotle developments

b. 2. Aristotle-His Social & Legal philosophy

c. Law, Justice, Equity

d. Post Aristotle and legal Philosophy

e. Different Schools of Thought

f. Modern Trends in Legal Philosophy

g. International Law in Jurisprudence

h. Law of Nature-as Propounded by Different Schools of Legal Philosophy

Recommended Readings:

1. Salmond on Jurisprudence.

2. Holland, The Elements of Jurisprudence.

3. Pollak Sir, Jurisprudence & Legal Essay.

4. Aristotle, Politics (Ed. E. Barker, London).

5. Politics (Benjamin Jowett. New York).

6. Hobbes, Leviathan (Chaps 13-26).

7. Locke, Of Civil Government (Book-II).

8. Austin, Lectures in Jurisprudence, Lec 1-6.

202 of 243

9. Bentham, Theory of Legislation.

10. Maine, Ancient Law.

11. M.D.A. Freman, Introduction to Jurisprudence, London, Sweet &

12. Maxwell.

13. J.W.Harris, Legal Philosophies, London, Butterworths.

14. H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford

15. Julis Stone, Province and Function of Law.

16. Hall, Readings in Jurisprudence.

17. Cohen & Cohen, Readings in Jurisprudence and Legal Philosophy.

5. Comparative Legal Systems and Procedures:

The comparison of legal systems has for a long time been an essential branch of legal research and

jurisprudence. It has become even more important and relevant in our era of globalization, an era in

which there is no field of law that can base its knowledge exclusively on national ideas and rules of

procedure. The law of any system is based on legal tradition. Generally, law changes very slowly. To

study law without knowing something of its history is to study law in a vacuum. Indeed, it is often

argued that legal history and comparative law have close links. The history of a legal system also

explains some of its characteristics and peculiarities and the study of the historical development or

background of legal ideas is sometimes referred to as historical jurisprudence – a study which is not

much in fashion nowadays. All legal systems in the world today have reached the present through a

process of evolution. Some comparatives would argue that you cannot begin to use the comparative

method unless you thoroughly understand the history of a particular legal system. It may not always

be possible to have a thorough grasp of the history of a system let alone several systems, but it is

helpful to have at least a general knowledge, because this will help your understanding of why a

system is as it is today.

This course will also include the theoretical aspects of legal procedure in both the civil and criminal

contexts, and exposes a number of interesting issues that will be analyzed through comparative

lenses. The primary purpose is to provide new ways of thinking about legal procedure and evidence.

Procedural rules are often thought of as being secondary and technical in nature, bearing no

normative significance and merely facilitative. A deeper enquiry will reveal that serious theoretical

issues underpin many procedural rules and that, while most procedural regimes seek to achieve the

same general purpose (resolving disputes over legal rights), they often do so in different ways that

may signify philosophical difference as well as different balances between the various competing

interests.

Recommended Readings:

1. Basil C. Bitas, Comparative Legal Systems, LexisNexis

2. René David, John E. C. Brierley, Major Legal Systems in the World Today: An Introduction to

the Comparative Study of Law, Simon and Schuster, 1978

3. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

4. New South Wales. Law Reform Commission, Studies in comparative civil and criminal

procedure, Volumes 1-2

Studies in Comparative Civil and Criminal Procedure, New South Wales. Law Reform

Commission 1978

6. Transformation of Shariah into Law: Modern Application of Shariah

Topics of Study

a. Introduction to the course

203 of 243

b. Codification of Sharia

c. Evaluation of the Codification of Sharia

d. The Attitude of Ullama and the Judiciary towards the Codification of Sharia

e. Sharia Risk: Islamic Finance transformation into Islamic Contract Law

f. Sharia and the Leadership of Muslim States

g. Pre-Modern Governance: The Circle of Justice

Recommended Readings:

1. Nyazee, Imran Ahsan Khan. Theories of Islamic Law. Islamic Research Institute, 2009.

2. Anderson, N. Law Reform in the Muslim World. London 1976.

3. Anderson, N. and N.J. Coulson, Islamic Law in Contemporary Cultural

Change. München 1967.

4. Bälz, K. “The Secular Reconstruction of Islamic Law: The Islamic Supreme Constitutional Court

and the ‘Battle over the Veil’ in State-Run Schools.”

5. Brown, N.J. and A.O. Sherif, “Inscribing Sharia in Arab Constitutional Law.” Washington

(unpublished). Chehata, Ch. Droit Musulman: Application au Proche-Orient. Paris 1970.

6. Coulson, N.J. Conflicts and Tensions in Islamic Jurisprudence. Chicago 1969.

7. The Political and Legal Theories of Muhammad. Abdullah and Rashid, Berkeley & Los Angeles 1966.

8. Khadduri, M. The Encyclopedia of Islam. New ed., VI (1991), 739.

9. Krawietz, B. “Cut and Paste in Legal Rules: Designing Islamic Norms with Talfiq.” Die Welt des

Islams I 42, 1 (2002), 3–40.

10. Layish, A. “The Contribution of the Modernists to the Secularization of Islamic Law.” Middle

Eastern Studies 14 (1978), 263–277.

11. “The Fatwa as an Instrument of Accommodation.” In Masud, Messick& Powers, Islamic Legal

Interpretation, 270–77.

7. Technological Advancement in Law

Topics of Study:

Recommended Readings:

8. Law and Regional Integration: With Focus On CPEC

Topics of Study

Recommended Readings:

9. Comparative Criminal Justice System

In this course, the evolution and operation of criminal justice systems in different societies and

communities will be discussed. The emphasis of the course will be on the development of criminal

justice in response to social, historical and political factors. This course will also provide comparative

study of the major legal traditions (e.g., common law, civil law, socialist law) and analysis of the

criminal justice system across the world, including police, courts, and prisons. The students will

identify, analyze, and compare the criminal justice systems in the Pakistan with those of other

countries. The course will explain the basic worldwide philosophies of law and justice, the

arrangements for crime prevention and law enforcement, and the methods of dealing with convicted

offenders throughout the world.

Recommended Readings:

1. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

2. Pakes, Francis. Comparative Criminal Justice. Third Edition. Routledge Publishers 2014

3. Philip L. Reichel, Comparative Criminal Justice Systems: A Topical Approach (6th edition)

10. Comparative Human Rights

a. Topics of Study:

204 of 243

b. History

c. Individual as-subject of International Law.

d. Minority / Refugee Protection.

e. Covenant / Charter Provisions on Human Rights

f. Universal Declaration of Human Right.

g. International covenants on human rights

h. International Covenant on Civil and Political Rights.

i. International Covenant on Economic Social and Cultural Rights.

j. Optional Protocol

k. Other International Convention / I.L.O. Conventions.

l. Regional conventions in human rights

m. European Convention on Human Rights.

n. Helsinki Accord, 1975.

o. The Role of National / Regional / International Organization in the

p. Protection of Human Rights

q. 15. Humanitarian intervention.

Recommended Books:

1. Oliver Schutter, International Human Rights Law

2. Edward Arnold, Human Rights, 1978.

3. Rhona K.M. Smith and Christien van den Anker, The essentials of... human rights.

4. M R Ishey, The Human Rights Reader, 2nd ed, Routledge London/New York, 2007.

5. Charles R. Beitz, The Idea of Human Rights, OUP, New York, 2007.

6. Henry, J & Philip Alston, Human Rights in Context, OUP, 2000

7. Mashood A Baderin, Human Rights and Islamic Law, OUP, 2003

Page 11: LEGAL STUDIES - Bahria University

11

PhD LawDepartment of Legal Studies

Course Details

1. Advanced Research Methods in Law

The course provides an advanced program of research training for students of proven academic ability.

It provides structured and systematic examination of the nature, aims and methodologies of legal research as a foundation for dissertation design and writing. Included in the unit of study content are examinations of fundamental aspects of the legal research process, including problem definition,methodology, design of the research proposal, considerations of ethical issues, quantitative research in law, questionnaire and survey design, interdisciplinary approaches to investigating legal controversies, comparative research and the publication of legal research. Also included is a systematic review of the main online research tools for finding primary and secondary legal sources, including foreign legal materials. Overall, the unit provides students the opportunity to apply and modify investigative, analytical and critical skills gained and developed through the coursework units to the resolution of a legal problem.

Recommended Books:

Armstrong and Christopher A. Knott, Where the Law Is: An Introduction to Advanced Legal Research

Fourth Edition, West Law School 2012.

200 of 243

2. Legal History of the Subcontinent

Topics of Study:

a. What is History? [a] The subject matter of history; [b] Knowability of the past; [c] Purpose of history; [d] Relationship between history and its neighbours; [e] Relationship between history and law.

b. Historical Evolution of Indian Legal System

c. Evolution of Hindu law: The stages of Hindu law in Indian history.

d. Dharma: [a] Definition and meaning of purusharthas; [b] Definition and meaning of dharma; [c] Branches of dharma.

e. Role of the State in Ancient Indian Society: [a] Early experiments, [b] Tribal polity; [c] Tribal assemblies; [d] Later-Vedic developments, especially the concept of kingship; [e] Royal functions; [f] Councilors and officials; [g] Oligarchies and republics.

f. Colonial Law and Cultural Difference: Jurisdictional Politics and the Formation of the g. Colonial State

h. Feudalism: [a] Quasi-feudalism; [b] Feudalism; [c.] Local administration; [d.] Working of the Mahasabhas.

i. Social organizations in ancient India: [a] Varna system; [b] Gotraand pravara; [c] Varna and jati;

[d] Family; [e] Status of women.

j. Economic Structure of Ancient India: [a] Pastoralism; [b] Peasant phase; [c] Village; [d]

k. Agriculture and stockbreeding; [e] Origin and types of property; [f] Urban centres; [g] Guilds; [h]

Trade and finance; [i] Maritime trade.

l. The Way India Was Conquered and Political Power Consolidated: Impact On Legal Traditions.

m. The Judicial System of the East India Company

n. The Administration of Justice in Medieval India: a study in outline of the judicial system under

the sultans and the Badshahs of Delhi based mainly upon cases decided by medieval courts in

India between 1206-1750 AD

o. Codification of laws as statutory laws, except personal laws:

p. Judicial system in Pre-Mughal Period

q. History of Law Reporting in India

r. History of Legal Profession

Recommended Readings:

1. Baxi, Upendranath, Towards an Indian Sociology of Law, [New Delhi, 1986]

2. Derret, Duncan M., Religion, Law and the State in India [New Delhi, 1999]

3. Fyzee, A.A.A., Outlines of Mohammedan Law, [Bombay, 1951]

4. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997]

5. Jois, Justice M. Rama, Legal and Constitutional History of India: Ancient Legal, Judicial and

Constitutional System [Delhi, 2001]

6. Lingat, Robert, The Classical Law of India [New Delhi, 1998]

7. Mathur, AshutoshDayal, Medieval Hindu Law: Historical Evolution and Enlightened Rebellion

[New Delhi, 2007]

8. Mensky, Werner, Comparative Law in a Global Context: The Legal Systems of Asia and

Africa,[Cambridge, 2006]

9. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New Delhi, 1969]

10. Sreenivasa Murthy, H.V., History of India Part I For Law Students, National Law School of

India, Bar Council of India, [Eastern Book Company, Lucknow, 2008]

11. Alschuler, Albert W., Law without Values: The Life, Work and Legacy of Justice Homes

[Chicago: Chicago University Press, 2000]

12. Embree, Ainslie T., [ed.], Sources of Indian Tradition, Vol 1: From the Beginning to 1800 [New

Delhi: Columbia Press, 1988] 201 of 243

13. Gordon, Robert W., The Legacy of Oliver Wendell Holmes, Jr. [Edinburgh, 1992]

14. Guha, Ranajit, A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement [Paris, 1963]

15. Habib, Irfan, [ed.], Medieval India I: Researches in the History of India, 1200-1750, [New Delhi, 1992]

16. Holmes, Oliver Wendell, The Collected Works of Justice Holmes [S. Novick, ed.], [Chicago, 1995]

17. Posner, Richard A., The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. [Chicago, 1992]

18. Pound, Roscoe, Jurisprudence, Vol. 1 [St. Paul, Minnesota, 1959]

19. Kane, P.V., History of Dharmasastra, Vols. 1-5 [Poona, 1968]

20. Kangle, R.P., The KautilyaArthasastra[Bombay, 1969]

21. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History, [Lucknow, 2005]

22. Mahajan, V.D., Jurisprudence and Legal Theory [Lucknow, 2003]

23. -, Hindu Law: Beyond Tradition and Modernity, [Delhi: Oxford University Press, 2008; first published in 2003]

24. Novick, Sheldon M., Honourable Justice: The Life of Oliver Wendell Holmes, [Chicago, 1989]

25. Raychaudhuri, Hemchandra, Political History of Ancient India, [New Delhi: Oxford University

Press, 2006; seventh impression; first published in 1923]

26. Rizvi, S.A.A., The Wonder that was India, Part II: A Survey of the History and Culture of the Indian Sub-Continent from the Coming of the Muslims to the British Conquest, 1200-1700,

[New Delhi, 1993]

27. Saharay, H.K., Legal and Constitutional History of India [A Legal Study of the Constitutional

Development of India] [Calcutta, 1985]

28. Schacht, Joseph, Introduction to Islamic Law, [Oxford: Clarendon Press, 1993; first published

in, 1963]

29. Sharma, Arvind, Hinduism and Human Rights: A Conceptual Approach, [New Delhi, 2007]

30. Trautmann, Thomas R., Aryans and British India, [New Delhi: Yoda Press, 2004]

31. Qazalbash, Yawer, Principles of Muslim Law, Second Edition, 2005, [Allahabad: Modern Law

House, 2005]

3. Comparative Legal Theory

Topics of Study

a. Pre-Aristotle developments

b. 2. Aristotle-His Social & Legal philosophy

c. Law, Justice, Equity

d. Post Aristotle and legal Philosophy

e. Different Schools of Thought

f. Modern Trends in Legal Philosophy

g. International Law in Jurisprudence

h. Law of Nature-as Propounded by Different Schools of Legal Philosophy

Recommended Readings:

1. Salmond on Jurisprudence.

2. Holland, The Elements of Jurisprudence.

3. Pollak Sir, Jurisprudence & Legal Essay.

4. Aristotle, Politics (Ed. E. Barker, London).

5. Politics (Benjamin Jowett. New York).

6. Hobbes, Leviathan (Chaps 13-26).

7. Locke, Of Civil Government (Book-II).

8. Austin, Lectures in Jurisprudence, Lec 1-6.

202 of 243

9. Bentham, Theory of Legislation.

10. Maine, Ancient Law.

11. M.D.A. Freman, Introduction to Jurisprudence, London, Sweet &

12. Maxwell.

13. J.W.Harris, Legal Philosophies, London, Butterworths.

14. H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford

15. Julis Stone, Province and Function of Law.

16. Hall, Readings in Jurisprudence.

17. Cohen & Cohen, Readings in Jurisprudence and Legal Philosophy.

5. Comparative Legal Systems and Procedures:

The comparison of legal systems has for a long time been an essential branch of legal research and

jurisprudence. It has become even more important and relevant in our era of globalization, an era in

which there is no field of law that can base its knowledge exclusively on national ideas and rules of

procedure. The law of any system is based on legal tradition. Generally, law changes very slowly. To

study law without knowing something of its history is to study law in a vacuum. Indeed, it is often

argued that legal history and comparative law have close links. The history of a legal system also

explains some of its characteristics and peculiarities and the study of the historical development or

background of legal ideas is sometimes referred to as historical jurisprudence – a study which is not

much in fashion nowadays. All legal systems in the world today have reached the present through a

process of evolution. Some comparatives would argue that you cannot begin to use the comparative

method unless you thoroughly understand the history of a particular legal system. It may not always

be possible to have a thorough grasp of the history of a system let alone several systems, but it is

helpful to have at least a general knowledge, because this will help your understanding of why a

system is as it is today.

This course will also include the theoretical aspects of legal procedure in both the civil and criminal

contexts, and exposes a number of interesting issues that will be analyzed through comparative

lenses. The primary purpose is to provide new ways of thinking about legal procedure and evidence.

Procedural rules are often thought of as being secondary and technical in nature, bearing no

normative significance and merely facilitative. A deeper enquiry will reveal that serious theoretical

issues underpin many procedural rules and that, while most procedural regimes seek to achieve the

same general purpose (resolving disputes over legal rights), they often do so in different ways that

may signify philosophical difference as well as different balances between the various competing

interests.

Recommended Readings:

1. Basil C. Bitas, Comparative Legal Systems, LexisNexis

2. René David, John E. C. Brierley, Major Legal Systems in the World Today: An Introduction to

the Comparative Study of Law, Simon and Schuster, 1978

3. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

4. New South Wales. Law Reform Commission, Studies in comparative civil and criminal

procedure, Volumes 1-2

Studies in Comparative Civil and Criminal Procedure, New South Wales. Law Reform

Commission 1978

6. Transformation of Shariah into Law: Modern Application of Shariah

Topics of Study

a. Introduction to the course

203 of 243

b. Codification of Sharia

c. Evaluation of the Codification of Sharia

d. The Attitude of Ullama and the Judiciary towards the Codification of Sharia

e. Sharia Risk: Islamic Finance transformation into Islamic Contract Law

f. Sharia and the Leadership of Muslim States

g. Pre-Modern Governance: The Circle of Justice

Recommended Readings:

1. Nyazee, Imran Ahsan Khan. Theories of Islamic Law. Islamic Research Institute, 2009.

2. Anderson, N. Law Reform in the Muslim World. London 1976.

3. Anderson, N. and N.J. Coulson, Islamic Law in Contemporary Cultural

Change. München 1967.

4. Bälz, K. “The Secular Reconstruction of Islamic Law: The Islamic Supreme Constitutional Court

and the ‘Battle over the Veil’ in State-Run Schools.”

5. Brown, N.J. and A.O. Sherif, “Inscribing Sharia in Arab Constitutional Law.” Washington

(unpublished). Chehata, Ch. Droit Musulman: Application au Proche-Orient. Paris 1970.

6. Coulson, N.J. Conflicts and Tensions in Islamic Jurisprudence. Chicago 1969.

7. The Political and Legal Theories of Muhammad. Abdullah and Rashid, Berkeley & Los Angeles 1966.

8. Khadduri, M. The Encyclopedia of Islam. New ed., VI (1991), 739.

9. Krawietz, B. “Cut and Paste in Legal Rules: Designing Islamic Norms with Talfiq.” Die Welt des

Islams I 42, 1 (2002), 3–40.

10. Layish, A. “The Contribution of the Modernists to the Secularization of Islamic Law.” Middle

Eastern Studies 14 (1978), 263–277.

11. “The Fatwa as an Instrument of Accommodation.” In Masud, Messick& Powers, Islamic Legal

Interpretation, 270–77.

7. Technological Advancement in Law

Topics of Study:

Recommended Readings:

8. Law and Regional Integration: With Focus On CPEC

Topics of Study

Recommended Readings:

9. Comparative Criminal Justice System

In this course, the evolution and operation of criminal justice systems in different societies and

communities will be discussed. The emphasis of the course will be on the development of criminal

justice in response to social, historical and political factors. This course will also provide comparative

study of the major legal traditions (e.g., common law, civil law, socialist law) and analysis of the

criminal justice system across the world, including police, courts, and prisons. The students will

identify, analyze, and compare the criminal justice systems in the Pakistan with those of other

countries. The course will explain the basic worldwide philosophies of law and justice, the

arrangements for crime prevention and law enforcement, and the methods of dealing with convicted

offenders throughout the world.

Recommended Readings:

1. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

2. Pakes, Francis. Comparative Criminal Justice. Third Edition. Routledge Publishers 2014

3. Philip L. Reichel, Comparative Criminal Justice Systems: A Topical Approach (6th edition)

10. Comparative Human Rights

a. Topics of Study:

204 of 243

b. History

c. Individual as-subject of International Law.

d. Minority / Refugee Protection.

e. Covenant / Charter Provisions on Human Rights

f. Universal Declaration of Human Right.

g. International covenants on human rights

h. International Covenant on Civil and Political Rights.

i. International Covenant on Economic Social and Cultural Rights.

j. Optional Protocol

k. Other International Convention / I.L.O. Conventions.

l. Regional conventions in human rights

m. European Convention on Human Rights.

n. Helsinki Accord, 1975.

o. The Role of National / Regional / International Organization in the

p. Protection of Human Rights

q. 15. Humanitarian intervention.

Recommended Books:

1. Oliver Schutter, International Human Rights Law

2. Edward Arnold, Human Rights, 1978.

3. Rhona K.M. Smith and Christien van den Anker, The essentials of... human rights.

4. M R Ishey, The Human Rights Reader, 2nd ed, Routledge London/New York, 2007.

5. Charles R. Beitz, The Idea of Human Rights, OUP, New York, 2007.

6. Henry, J & Philip Alston, Human Rights in Context, OUP, 2000

7. Mashood A Baderin, Human Rights and Islamic Law, OUP, 2003

Page 12: LEGAL STUDIES - Bahria University

12

PhD LawDepartment of Legal Studies

Course Details

1. Advanced Research Methods in Law

The course provides an advanced program of research training for students of proven academic ability.

It provides structured and systematic examination of the nature, aims and methodologies of legal research as a foundation for dissertation design and writing. Included in the unit of study content are examinations of fundamental aspects of the legal research process, including problem definition,methodology, design of the research proposal, considerations of ethical issues, quantitative research in law, questionnaire and survey design, interdisciplinary approaches to investigating legal controversies, comparative research and the publication of legal research. Also included is a systematic review of the main online research tools for finding primary and secondary legal sources, including foreign legal materials. Overall, the unit provides students the opportunity to apply and modify investigative, analytical and critical skills gained and developed through the coursework units to the resolution of a legal problem.

Recommended Books:

Armstrong and Christopher A. Knott, Where the Law Is: An Introduction to Advanced Legal Research

Fourth Edition, West Law School 2012.

200 of 243

2. Legal History of the Subcontinent

Topics of Study:

a. What is History? [a] The subject matter of history; [b] Knowability of the past; [c] Purpose of history; [d] Relationship between history and its neighbours; [e] Relationship between history and law.

b. Historical Evolution of Indian Legal System

c. Evolution of Hindu law: The stages of Hindu law in Indian history.

d. Dharma: [a] Definition and meaning of purusharthas; [b] Definition and meaning of dharma; [c] Branches of dharma.

e. Role of the State in Ancient Indian Society: [a] Early experiments, [b] Tribal polity; [c] Tribal assemblies; [d] Later-Vedic developments, especially the concept of kingship; [e] Royal functions; [f] Councilors and officials; [g] Oligarchies and republics.

f. Colonial Law and Cultural Difference: Jurisdictional Politics and the Formation of the g. Colonial State

h. Feudalism: [a] Quasi-feudalism; [b] Feudalism; [c.] Local administration; [d.] Working of the Mahasabhas.

i. Social organizations in ancient India: [a] Varna system; [b] Gotraand pravara; [c] Varna and jati;

[d] Family; [e] Status of women.

j. Economic Structure of Ancient India: [a] Pastoralism; [b] Peasant phase; [c] Village; [d]

k. Agriculture and stockbreeding; [e] Origin and types of property; [f] Urban centres; [g] Guilds; [h]

Trade and finance; [i] Maritime trade.

l. The Way India Was Conquered and Political Power Consolidated: Impact On Legal Traditions.

m. The Judicial System of the East India Company

n. The Administration of Justice in Medieval India: a study in outline of the judicial system under

the sultans and the Badshahs of Delhi based mainly upon cases decided by medieval courts in

India between 1206-1750 AD

o. Codification of laws as statutory laws, except personal laws:

p. Judicial system in Pre-Mughal Period

q. History of Law Reporting in India

r. History of Legal Profession

Recommended Readings:

1. Baxi, Upendranath, Towards an Indian Sociology of Law, [New Delhi, 1986]

2. Derret, Duncan M., Religion, Law and the State in India [New Delhi, 1999]

3. Fyzee, A.A.A., Outlines of Mohammedan Law, [Bombay, 1951]

4. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997]

5. Jois, Justice M. Rama, Legal and Constitutional History of India: Ancient Legal, Judicial and

Constitutional System [Delhi, 2001]

6. Lingat, Robert, The Classical Law of India [New Delhi, 1998]

7. Mathur, AshutoshDayal, Medieval Hindu Law: Historical Evolution and Enlightened Rebellion

[New Delhi, 2007]

8. Mensky, Werner, Comparative Law in a Global Context: The Legal Systems of Asia and

Africa,[Cambridge, 2006]

9. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New Delhi, 1969]

10. Sreenivasa Murthy, H.V., History of India Part I For Law Students, National Law School of

India, Bar Council of India, [Eastern Book Company, Lucknow, 2008]

11. Alschuler, Albert W., Law without Values: The Life, Work and Legacy of Justice Homes

[Chicago: Chicago University Press, 2000]

12. Embree, Ainslie T., [ed.], Sources of Indian Tradition, Vol 1: From the Beginning to 1800 [New

Delhi: Columbia Press, 1988] 201 of 243

13. Gordon, Robert W., The Legacy of Oliver Wendell Holmes, Jr. [Edinburgh, 1992]

14. Guha, Ranajit, A Rule of Property for Bengal: An Essay on the Idea of Permanent Settlement [Paris, 1963]

15. Habib, Irfan, [ed.], Medieval India I: Researches in the History of India, 1200-1750, [New Delhi, 1992]

16. Holmes, Oliver Wendell, The Collected Works of Justice Holmes [S. Novick, ed.], [Chicago, 1995]

17. Posner, Richard A., The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr. [Chicago, 1992]

18. Pound, Roscoe, Jurisprudence, Vol. 1 [St. Paul, Minnesota, 1959]

19. Kane, P.V., History of Dharmasastra, Vols. 1-5 [Poona, 1968]

20. Kangle, R.P., The KautilyaArthasastra[Bombay, 1969]

21. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History, [Lucknow, 2005]

22. Mahajan, V.D., Jurisprudence and Legal Theory [Lucknow, 2003]

23. -, Hindu Law: Beyond Tradition and Modernity, [Delhi: Oxford University Press, 2008; first published in 2003]

24. Novick, Sheldon M., Honourable Justice: The Life of Oliver Wendell Holmes, [Chicago, 1989]

25. Raychaudhuri, Hemchandra, Political History of Ancient India, [New Delhi: Oxford University

Press, 2006; seventh impression; first published in 1923]

26. Rizvi, S.A.A., The Wonder that was India, Part II: A Survey of the History and Culture of the Indian Sub-Continent from the Coming of the Muslims to the British Conquest, 1200-1700,

[New Delhi, 1993]

27. Saharay, H.K., Legal and Constitutional History of India [A Legal Study of the Constitutional

Development of India] [Calcutta, 1985]

28. Schacht, Joseph, Introduction to Islamic Law, [Oxford: Clarendon Press, 1993; first published

in, 1963]

29. Sharma, Arvind, Hinduism and Human Rights: A Conceptual Approach, [New Delhi, 2007]

30. Trautmann, Thomas R., Aryans and British India, [New Delhi: Yoda Press, 2004]

31. Qazalbash, Yawer, Principles of Muslim Law, Second Edition, 2005, [Allahabad: Modern Law

House, 2005]

3. Comparative Legal Theory

Topics of Study

a. Pre-Aristotle developments

b. 2. Aristotle-His Social & Legal philosophy

c. Law, Justice, Equity

d. Post Aristotle and legal Philosophy

e. Different Schools of Thought

f. Modern Trends in Legal Philosophy

g. International Law in Jurisprudence

h. Law of Nature-as Propounded by Different Schools of Legal Philosophy

Recommended Readings:

1. Salmond on Jurisprudence.

2. Holland, The Elements of Jurisprudence.

3. Pollak Sir, Jurisprudence & Legal Essay.

4. Aristotle, Politics (Ed. E. Barker, London).

5. Politics (Benjamin Jowett. New York).

6. Hobbes, Leviathan (Chaps 13-26).

7. Locke, Of Civil Government (Book-II).

8. Austin, Lectures in Jurisprudence, Lec 1-6.

202 of 243

9. Bentham, Theory of Legislation.

10. Maine, Ancient Law.

11. M.D.A. Freman, Introduction to Jurisprudence, London, Sweet &

12. Maxwell.

13. J.W.Harris, Legal Philosophies, London, Butterworths.

14. H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford

15. Julis Stone, Province and Function of Law.

16. Hall, Readings in Jurisprudence.

17. Cohen & Cohen, Readings in Jurisprudence and Legal Philosophy.

5. Comparative Legal Systems and Procedures:

The comparison of legal systems has for a long time been an essential branch of legal research and

jurisprudence. It has become even more important and relevant in our era of globalization, an era in

which there is no field of law that can base its knowledge exclusively on national ideas and rules of

procedure. The law of any system is based on legal tradition. Generally, law changes very slowly. To

study law without knowing something of its history is to study law in a vacuum. Indeed, it is often

argued that legal history and comparative law have close links. The history of a legal system also

explains some of its characteristics and peculiarities and the study of the historical development or

background of legal ideas is sometimes referred to as historical jurisprudence – a study which is not

much in fashion nowadays. All legal systems in the world today have reached the present through a

process of evolution. Some comparatives would argue that you cannot begin to use the comparative

method unless you thoroughly understand the history of a particular legal system. It may not always

be possible to have a thorough grasp of the history of a system let alone several systems, but it is

helpful to have at least a general knowledge, because this will help your understanding of why a

system is as it is today.

This course will also include the theoretical aspects of legal procedure in both the civil and criminal

contexts, and exposes a number of interesting issues that will be analyzed through comparative

lenses. The primary purpose is to provide new ways of thinking about legal procedure and evidence.

Procedural rules are often thought of as being secondary and technical in nature, bearing no

normative significance and merely facilitative. A deeper enquiry will reveal that serious theoretical

issues underpin many procedural rules and that, while most procedural regimes seek to achieve the

same general purpose (resolving disputes over legal rights), they often do so in different ways that

may signify philosophical difference as well as different balances between the various competing

interests.

Recommended Readings:

1. Basil C. Bitas, Comparative Legal Systems, LexisNexis

2. René David, John E. C. Brierley, Major Legal Systems in the World Today: An Introduction to

the Comparative Study of Law, Simon and Schuster, 1978

3. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

4. New South Wales. Law Reform Commission, Studies in comparative civil and criminal

procedure, Volumes 1-2

Studies in Comparative Civil and Criminal Procedure, New South Wales. Law Reform

Commission 1978

6. Transformation of Shariah into Law: Modern Application of Shariah

Topics of Study

a. Introduction to the course

203 of 243

b. Codification of Sharia

c. Evaluation of the Codification of Sharia

d. The Attitude of Ullama and the Judiciary towards the Codification of Sharia

e. Sharia Risk: Islamic Finance transformation into Islamic Contract Law

f. Sharia and the Leadership of Muslim States

g. Pre-Modern Governance: The Circle of Justice

Recommended Readings:

1. Nyazee, Imran Ahsan Khan. Theories of Islamic Law. Islamic Research Institute, 2009.

2. Anderson, N. Law Reform in the Muslim World. London 1976.

3. Anderson, N. and N.J. Coulson, Islamic Law in Contemporary Cultural

Change. München 1967.

4. Bälz, K. “The Secular Reconstruction of Islamic Law: The Islamic Supreme Constitutional Court

and the ‘Battle over the Veil’ in State-Run Schools.”

5. Brown, N.J. and A.O. Sherif, “Inscribing Sharia in Arab Constitutional Law.” Washington

(unpublished). Chehata, Ch. Droit Musulman: Application au Proche-Orient. Paris 1970.

6. Coulson, N.J. Conflicts and Tensions in Islamic Jurisprudence. Chicago 1969.

7. The Political and Legal Theories of Muhammad. Abdullah and Rashid, Berkeley & Los Angeles 1966.

8. Khadduri, M. The Encyclopedia of Islam. New ed., VI (1991), 739.

9. Krawietz, B. “Cut and Paste in Legal Rules: Designing Islamic Norms with Talfiq.” Die Welt des

Islams I 42, 1 (2002), 3–40.

10. Layish, A. “The Contribution of the Modernists to the Secularization of Islamic Law.” Middle

Eastern Studies 14 (1978), 263–277.

11. “The Fatwa as an Instrument of Accommodation.” In Masud, Messick& Powers, Islamic Legal

Interpretation, 270–77.

7. Technological Advancement in Law

Topics of Study:

Recommended Readings:

8. Law and Regional Integration: With Focus On CPEC

Topics of Study

Recommended Readings:

9. Comparative Criminal Justice System

In this course, the evolution and operation of criminal justice systems in different societies and

communities will be discussed. The emphasis of the course will be on the development of criminal

justice in response to social, historical and political factors. This course will also provide comparative

study of the major legal traditions (e.g., common law, civil law, socialist law) and analysis of the

criminal justice system across the world, including police, courts, and prisons. The students will

identify, analyze, and compare the criminal justice systems in the Pakistan with those of other

countries. The course will explain the basic worldwide philosophies of law and justice, the

arrangements for crime prevention and law enforcement, and the methods of dealing with convicted

offenders throughout the world.

Recommended Readings:

1. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House 2010

2. Pakes, Francis. Comparative Criminal Justice. Third Edition. Routledge Publishers 2014

3. Philip L. Reichel, Comparative Criminal Justice Systems: A Topical Approach (6th edition)

10. Comparative Human Rights

a. Topics of Study:

204 of 243

b. History

c. Individual as-subject of International Law.

d. Minority / Refugee Protection.

e. Covenant / Charter Provisions on Human Rights

f. Universal Declaration of Human Right.

g. International covenants on human rights

h. International Covenant on Civil and Political Rights.

i. International Covenant on Economic Social and Cultural Rights.

j. Optional Protocol

k. Other International Convention / I.L.O. Conventions.

l. Regional conventions in human rights

m. European Convention on Human Rights.

n. Helsinki Accord, 1975.

o. The Role of National / Regional / International Organization in the

p. Protection of Human Rights

q. 15. Humanitarian intervention.

Recommended Books:

1. Oliver Schutter, International Human Rights Law

2. Edward Arnold, Human Rights, 1978.

3. Rhona K.M. Smith and Christien van den Anker, The essentials of... human rights.

4. M R Ishey, The Human Rights Reader, 2nd ed, Routledge London/New York, 2007.

5. Charles R. Beitz, The Idea of Human Rights, OUP, New York, 2007.

6. Henry, J & Philip Alston, Human Rights in Context, OUP, 2000

7. Mashood A Baderin, Human Rights and Islamic Law, OUP, 2003

Page 13: LEGAL STUDIES - Bahria University

Objectives of the Degree

Available Specialization

Program TimingMorning

Available Campuses

Regular Program Duration

Islamabad

2 Years4 Semesters

General

LL.B from any recognized university/institute with minimum 3.00 CGPA in semester system and in case of annual system 55% marks are required.

Additionally, applicants must provide HEC verification of all academic certificates / degrees.

Entry Requirements

• To inculcate advanced knowledge of law in particular of international perspective.

• To comprehend the relation between continuing attainment of knowledge and skills and meeting professional responsibilities.

• To enhanced understanding of fundamental doctrines and principles of law.

• To understand the basic philosophies and practice of legislative enactment and Interpretations.

• To foster an enlightened devotion to the rule of law.• To read, comprehend and use cases, statutes and rules to solve

legal problems and construct legal arguments.• To nurture a culture of excellent and genuine research in law, and

to learn techniques for improving one’s own writing, time management, self-reflection and skills for successful academic study and practice.

• To learn techniques of convincing written advocacy.• To develop the intellectual, practical and transferable skills

necessary for employment in the legal profession and other careers along with adequate exposure to industry.

• To make substantial contributions, through creation of knowledge for the wellbeing of the citizens of Pakistan, and the people in the region and elsewhere.

• To adopt innovative teaching methods to increase critical and analytical skills.

• To instill higher legal moral values, legal ethics and observance through conduct and Practice.

Learning outcome of the Degree Program

The LL.M program of Bahria University is designed to give students exposure to different aspects and areas of law. It is expected that they will understand from the basic legal theory and principle of jurisprudence, to the complex criminal and corporate theories vis-à-vis practical issues keeping in view the developments at international level. This program will empower and equip them to apply knowledge and critical thinking skills to carry out legal analysis, reasoning and problems solving including substantial alternative constructions and interpretations. This two year program is designed while keeping in view academic level of the students and their work experience. The program will ensure that students should get advanced understanding of law and legal theory. Through, this program student will be able to grasp the significance of the rules and ethics of legal profession by establishing commitment to uphold the honor and integrity of the legal profession, to conduct themselves with morality, dignity, and care, adoring the values and principles that are expressed by the legal profession, and to treat others with civility, justice and respect, even in disagreement. This program is aimed to provide exposure to a range of legal disciplines, giving students expertise across the board and providing the skills.

13

Legum Magister LL.MDepartment of Legal Studies

Page 14: LEGAL STUDIES - Bahria University

14

Legum Magister LL.MDepartment of Legal Studies

Why choose BU for the Stated Degree Program?

The unique federal and diverse character of the BU will further encourage and enrich social and cultural integration in Pakistan. The department will research, debate, analyze, evaluate and integrate various modes of indigenous systems of the administration of justice prevailing in different parts of the country. It will focus and work for creating a tolerant and liberal vision that will ensure long term social benefits necessary for an enlightened and moderate society.The department will focus to develop the intellectual and practical skills of students and in particular it will aim that students are enabled to develop and demonstrate independent thinking, plan and carry out independent research and apply basic skills and techniques of legal research.The department will be a key partner with government initiatives and will provide services in its field of expertise. It will have strong partnerships and linkages with world class universities in the field of legal education and research.

Future Career Prospects

The graduates of Department of Law would have the enough potential to prominently join the legal profession. They will be well equipped with required knowledge and skills to perform the role as in-house counsels for the various corporate bodies. They would be potentially capable to qualify for the civil services of Pakistan (CSP), judiciary and related fields. Moreover they will be able to substantially contribute through the research publications.

Page 15: LEGAL STUDIES - Bahria University

15

Legum Magister LL.MDepartment of Legal Studies

SUBJECTS CREDITS Compulsory Course 1 3

Elective Courses 7 21

Research Thesis 1 6

TOTAL 9 30 SEMESTER 1

COURSE CODE COURSE TITLE CREDITS

LLM-700 RESEARCH METHODOLOGY 3 LLM-724 WESTERN JURISPRUDENCE AND LEGAL THEORY 3 LLM-713 INTERNATIONAL ECONOMIC LAW 3 LLM-711 CRIMINOLOGY 3 SEMESTER 2

LLM-702 ALTERNATE DISPUTE RESOLUTION 3 LLM-706 COMPARATIVE CONSTITUTIONAL LAW 3 LLM-708 COMPARATIVE HUMAN RIGHTS LAW 3 LLM-720 LAW OF INTERNATIONAL INSTITUTIONS 3 SEMESTER 3

LLM-725 THESIS/DISSERTATION-ll 6

SCHEME OF STUDIES FOR LLM-2 YEAR PROGRAM

Road Map

Page 16: LEGAL STUDIES - Bahria University

16

Legum Magister LL.MDepartment of Legal Studies

List of Elective Courses

Course Code Subject Title LLM-701 ADMINISTRATIVE LAW LLM-702 ALTERNATE DISPUTE RESOLUTION LLM-703 BANKING BLAW LLM-704 COMMERCIAL/ BUSINESS LAW LLM-705 COMPANY/ CORPORATE LAW LLM-706 COMPARATIVE CONSTITUTIONAL LAW LLM-707 COMPARATIVE ENVRONMENTAL LAW LLM-708 COMPARATIVE HUMAN RIGHTS LAW

LLM-709 COMPARATIVE STUDY OF ISLAMIC AND WETERN JURISPRUDENCE

LLM-710 CONSTITUTIONAL LAW OF PAKISTAN LLM-711 CRIMINOLOGY LLM-712 INTELLECTUAL PROPERTY LAWS LLM-713 INTERNATIONAL ECONOMIC LAW LLM-714 INTERNATIONAL TRADE LAW LLM-715 ISLAMIC LAW LLM-716 LABOUR LAW LLM-717 LAW AND POLITICS LLM-718 LAW AND SOCIETY IN SOUTH ASIA LLM-719 LAW OF EVIDENCE LLM-720 LAW OF INTERNATIONAL INSTITUTIONS LLM-721 LAW OF TAXATION LLM-722 LEGAL HISTORY OF PAKISTAN AND INDIA LLM-723 SHIPPING LAW LLM-724 WESTERN JURISPRUDENCE AND LEGAL THEORY

Page 17: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

17

Legum Magister LL.MDepartment of Legal Studies

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

LLM-726 CYBER SPACE LAW: INTERNET JURISDICTION AND DISPUTE RESOLUTION

LLM-727 CYBERCRIME: INTERNATIONAL COOPERATION AND DIGITAL INVESTIGATIONS

LLM-728 E-COMMERCE LAWS LLM-729 MEDIA LAWS LLM-731 INTERNATIONAL REFUGEE LAW LLM-732 INTERNATIONAL INVESTMENT LAW LLM-733 COMPARATIVE CRIMINAL JUSTICE LLM-734 INTERNATIONAL HUMANITARIAN LAW LLM-735 IMMIGRATION LAW LLM-736 LAW OF TREATISE LLM-737 ISLAMIC LAW OF WAR AND PEACE LLM-738 INTERNATIONAL CRIMINAL LAW LLM-739 ENERGY AND CLIMATE CHANGE LAW LLM 740 PUBLIC INTERNATIONAL LAW LLM 741 INTERNATIONAL MARITIME LAWS LLM 742 CARRIAGE OF GOODS BY SEA LLM 743 INTERNATIONAL COMMERCIAL ARBITRATION LLM 744 COMMERCIAL CONFLICT OF LAWS LLM 745 SHIPPING CONTRACTS LLM 746 MARINE INSURANCE LLM 747 LAW OF MARINE ENVIRONMENT LLM 748 CRIMES AT SEA

Page 18: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

18

Legum Magister LL.MDepartment of Legal Studies

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

Course DescriptionsALTERNATIVE DISPUT E RESOLUTION

Page 19: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

19

Legum Magister LL.MDepartment of Legal Studies

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

Page 20: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

20

Legum Magister LL.MDepartment of Legal Studies

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

Page 21: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

21

Legum Magister LL.MDepartment of Legal Studies

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

Page 22: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

22

Legum Magister LL.MDepartment of Legal Studies

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

Page 23: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

23

Legum Magister LL.MDepartment of Legal Studies

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

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8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

24

Legum Magister LL.MDepartment of Legal Studies

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

Page 25: LEGAL STUDIES - Bahria University

8. Chief Minister and Provincial Cabinet9. Provincial Assemblies10. Relations between the Federation and Provinces11. Provincial Autonomy and its Institutions12. Judiciary including Federal Shariat Court13. Judicial Review and Writ Jurisdiction14. Armed Forces and their relations with the State15. Civil Services and Public Service Commission16. Comptroller and Auditor General17. Islamic Provisions9. CRIMINOLOGYTopics of Study:1. Origin and nature of the crime.2. Crime as defined in Muslim Law.3. Types of criminals4. Definition and principles of criminal liability5. Explanations of criminal behavior6. Statutory penal offences against the State, Property and Person in Pakistan7. Offences recognized in Muslim Law8. Difference between HADD and TAZEER9. Defenses to the crime: (a) in statutory Laws of Pakistan and (b) in the Muslim Law10. Objects of punishments in Muslim Law11. Kinds of punishments in Panel Laws of Pakistan2212. Kinds punishments in Panel Laws of Islam13. Reformatory and Preventive Measures:a) adopted in Pakistan; andb) recognized by Muslim Law12. INTELLECTUAL PROPERTY LAWSTopics of Study:Introduction to Intellectual Property Laws:A brief overview of the term "intellectual property", a comparison between its four branchesand definitions thereof.13. INTERNATIONAL ECONOMIC LAWTopics of Study:1. Principles and standards of International Economic Law.2. Double Taxation3. Legal problems of foreign investment4. International law of money5. Law of General Agreement on Tariffs and Trade (GATT)6. International commodity agreements7. Customs unions, free trade areas and common markets.8. State trading9. Developing countries and international economic order10. International commercial transactions11. International trade arbitration12. Multinational corporations

13. Law of economic warfare2314. INTERNATIONAL TRADE LAW:Topics of Study:1. Contracts of International Trade Transactions2. Harmonization of International Trade Law, the relevant formulating Agencies andthe instruments of harmonization.3. Contracts for the International Sale of goods with an emphasis on the formation andperformance of standardized sale contracts (CIF And FOB Contracts). Under bothEnglish Law and the UN Vienna Convention on the International Sale of goodsincluding issues of Passing of possession, property and risk in the goods concernedAnd if remedies available to the parties. Private International Law AffectingInternational sale of goods.4. Transportation of goods from the exporting Country to the place ofDestinations and the risk allocation between the various parties (Seller, buyer,carrier, successive carriers) specially in the context of Carriage of goods by sea. Billof lading, nature and types.5. The role of insurance in International Trade. Financing of International Trade,Letters of Credit and the role' of ICC Uniform Customs and practice forDocumentary Credits (UCP 500) bills of Exchange, factoring and forfeiting Counter- trade and export Finance. Dispute Resolution (i) Litigation (ii) Arbitration (iii)Conciliation (Mediation15. ISLAMIC LAWSTopics of Study:A. Sources1. Original sourcesi) Qur'anii) Sunnah2. Secondary Sourcesi) Ijmaii) Qiyas3. Subsidiary Sourcesi) Istihsan24iv) Istilahv) Urf, Aadah, Ta'amul and Ummum-ul-Balwavi) Zarurahvii) Heela-l-Shareiviii) Nazair etc.B. Doctrinal Development of Islamic law

19. Debentures20. Mortgages21. Muzarabat1822. Prospects of development-comparative study based in the context of Indian and theBritish Companies Act.23. Security Regulations. Monopoly Control and other external checks in the Corporatepractice including appointment on inspect6. Comparative Constitutional LawComparative study of Constitutional laws of:Topics of Study:1. Parlimentary form of Government2. Presidential form of Government3. Federalism4. Constitutional Conventions5. Rule of law6. Due Process of Law7. Independence of Judiciary8. Judicial Review9. Theories of Constitutional Interpretation10. Validation of Laws11. Doctrine of Necessity12. Separation of Powers13. Right to Life and Liberty14. Right to Property15. Freedom of Speech16. Freedom of Religion17. Equality before Law1918. Political Freedoms including freedom of association, freedom of Assembly andfreedom of movement.7. COMPARATIVE ENVIRONMENTAL LAW.Topics of Study:1. International Environmental Law and International Conventions. Case study ofcities Conventions on International Trade in Endangered species of wild fauna andflora.2. The role of law in Environmental Protection, Enforcement and its agencies likeHMIP, DOE, NRA, along with EC laws.3. Models of Environmental control4. Environmental Protection Act 1990-Part I (Integrated and Air Pollution Control)5. Environmental Protection Act 1990 –Part II (Waste and related issues Including the

contaminated land & clean up)6. Town and Country Planning7. Environmental impact Assessment (EIA)8. (NSA) Nitrate Sensitive Areas (designation) order 1990.9. Water-II: Deals with Marine Protection.10. Access to Environmental Information and rights11. Sustainable development with environmental protection8. COMPARATIVE HUMAN RIGHTS LAWTopics of Study:1. History2. Individual as-subject of International Law.3. Minority / Refugee Protection.4. Covenant / Charter Provisions on Human Rights5. Universal Declaration of Human Right.6. International covenants on human rights7. International Covenant on Civil and Political Rights.209. Optional Protocol10. Other International Convention / I.L.O. Conventions.11 . Regional conventions in human rights12. European Convention on Human Rights.13. Helsinki Accord, 1975.14. The Role of National / Regional / International Organization in the Protection ofHuman Rights9. Comparative Study of Islamic & Western JurisprudenceTopics of Study:1. The science of Jurisprudence2. Nature and Sources of Law3. Theories of Law and Administration of Justice.4. Punishments, their kinds and objects5. Crimes and Torts6. Theories of Origin and Functions of State7. Legal and Equitable Rights8. Ownership and Possession and Persons9. Law of Personal Status10. The Law of Property11. The Law of Obligations12. The Theory of Sovereignty13. The Law regulating relations between Muslims and Non-Muslims.10. CONSTITUTIONAL LAW OF PAKISTANTopics of Study:1. Objectives Resolution2. Fundamental Rights213. Principles of Policy4. Presidency5. Prime Minister and Cabinet6. Parliament7. Governor

1. Introduction to the course, Perspective on ADR and Informal Justice.2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Disputes anddispute processes. The characteristics of different forms of dispute process. Modesof third party intervention, litigation and Settlement.3. Negotiation: the nature or negotiations. Power in dispute processes. Bilateral andmulti-party processes. Representative negotiations. The Processaral shape ofnegotiations.4. Mediation: The nature or mediation and the role or the Mediator. The Context andform of mediated negotiations. The different forms of Mediation. Mediationdistinguished from other forms of third party Intervention. Problems ofconfidentiality. The protection of weaker Parties and safeguarding of third partinterest.

1. ADMINISTRATIVE LAWTopics of Study:1. General Principles of Administrative Law2. Administrative Act and Function3. Delegated and Subordinate Legislation4. Administrative Discretion and its Judicial Review5. Principles of Natural Justice6. Judicial Review of Administrative Actions7. Administrative Courts and Tribunals8. Ombudsman165. The Process Aral Shapes of Mediation.6. The Regulation of Mediation: The Development of a Regulatory Framework (UK,Europe, Australia and the North American Approach). Overarching Regulation.Central Issues.7. Umpiring: Arbitration Curls and Mixed Processes: Government and DisputeSettlement. Arbitration and Civil Justice. The heterogeneity of Courts. The Roles ofthe Courts. Developments in Adjudication Settlement and Civil Justice. ARD andCivil Procedure.8. ADR and Civil Justice in England, USA and other States.9. The Scope of ADR in Pakistan.

3. BANKING LAWSTopics of Study:1. The State Bank of Pakistan Act, 19562. The Banking Companies Ordinance, 19623. The Modarba Companies and Modarba (Floation and Control) Ordinance, 19804. The Financial Institutions (Recovery of Finances) Ordinance, 20015. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60, 82-85A and122-131 of the Act)6. Islamic Banking3. COMMERCIAL / BUSINESS LAWTopics of Study:1. Law of Contract2. Partnership3. Sale of Goods4. Transportation of Goods5. Negotiable Instruments Act176. Uniform Commercial Code of USA7. Commercial Law in United Kingdom8. Stock Exchanges and their Regulation9. Offences Relating to Stock Exchanges10. Commercial Arbitration5. Company / Corporate LawTopics of Study:1. Historical development and the practical advantages of incorporation.2. Formation of companies and categories. Conversion from one category to another.3. Corporate Law4. Constitution and Incorporation5. Capital issues and Control6. Share Capital and its Structure7. Prospectus8. Promoters, fiduciary capacity9. Corporate Control and Inspection10. Equity Holders, their rights and Liability11. Control of majority share holders12. Directors, their responsibility and control activities of the company13. Borrowing powers of the Directors14. Members' relationship with the company15. Minority shareholders and their rights16. Reconstruction and amalgamation/mergers17. Winding up and Liquidation18. Foreign and Private Investment, its control and protection, capital issue and control.

Organizations of African Unity: Central African economic and CustomUnion, Central African Union, Economic Community of West AfricanStates (ECOWAS) Economic Community of East Africa.4. Asian Organizations:Arab League: Central Treaty Organization, Southeast Asia TreatyOrganization, ANZUS Council, Afro-Asian Solidarity Conference,Colombo Plan for co-operative Economic Development in South andSoutheast Asia, ASEAN.E. Judicial Institutions1. Permanent Court of Arbitration.2. Permanent Court of International Justice.3. International Court of Justice: Establishment and Constitution of thecourt, organization, jurisdiction, practice and procedure in Contentiouscases, advisory practice, procedure and jurisdiction.4. Regional Courts: European Court of Human Rights: Court ofJustice of the European Communities.5. International Administrative Tribunals.21. LAW OF TAXATIONTopics of Study:A: IntroductoryGeneral Philosophy, theory and justification of taxation28Statutory obligationnterpretation of fiscal lawsDirect and indirect taxationB: Income Tax LawPhilosophy of Taxation, Administration of tax systemCharge of TaxComputation of total incomeAllowance and ReliefPayment of tax before assessmentAssessmentTax liability in special casesRecovery of taxRefund and tax creditPenaltiesOffences and prosecutionsAppeals reference and revisionMiscellaneousC: Law of Sales TaxCharge of TaxationAssessment of TaxationRecovery Draw backPractical ProblemsSales Tax Act, 1990D: Zakat and UsharPhilosophy and legal justificationWhether Zakat a tax or charityEnforceabilityConcept of Nisab

2922. LEGAL HISTORY OF PAKISTAN AND INDIATopics of Study:Indo-Pakistan Legal History generally with special reference to the following topics:- Property, Ownership and Possession- Mercantile Law- Derelict and Crime- Taxation- Constitutional Structure- Judicial System- Civil Liberties- Family LawsThe above topics are be a studied in the light of the following outline:i. A survey of Hindu and Customary Law 711 A.C. to 1192 A.C.ii. Muslim Rule in India and its effect on the Legal system. 1193 A.C. to 1707 A.C.iii. Impact of the British Rule (1600 AC to 1947 AC)iv. Eminent Muslim Jurist and their legal worksv. Recent developments (from 1947 upto date in Pakistan)23. SHIPPING LAWTopics of Study:1. Introduction and important terms2. Carriage of Goods by Sea3. Historical development of liability of carrier by sea4. Commercial practice5. Types of Charter Parties6. Voyage- Charter Parties7. Time of Charter Parties8. Charter Parties by Demise9. Express and implied undertakings of the parties3010. Representations, conditions and warranties11. Frustration of Shipping Contract12. Functions of bill of lading13. Carriage of goods by Sea Act 192514. Bills of Lading Act 185615. Usual Clauses and implied undertaking in bills of Lading, Transfer of Rights andliabilities under bills of Lading16. Preliminary Voyage17. Loading, discharge, delivery and lay days18. Exclusion and Limitation of Ship owner's Liability19. The Master of Ship20. General Average including York Antwerp Rules 195021. Demurrage22. Freight23. Liens24. Construction of charter parties and bills of Lading25. Marine insurance, general principles and commercial practical practice.

intelligence and evidence (including surveillance); the law of evidence and admissibility; computer, device and network forensics.b. Course Contents:1. European Convention on Cybercrime, 20012. Understanding of cybercrime3. Legal issue related to cybercrime4. Procedural issues regarding Cybercrime5. Investigation advancement6. International cooperation mechanism-traditional crimes7. Cybercrime and digital investigations-challengesc. Recommended Books:1. Ernesto U. Savona, Crime and Technology: New Frontiers for Regulation, Law Enforcement and Research, Springer Science & Business Media, 20132. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-20153. Ian Walden, Computer Crimes and Digital Investigations, Oxford University Press, 20164. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele, Cyber Crime Investigations: Bridging the Gaps Between Security Profes-sionals, Law Enforcement, and Prosecutors, Syngress, 20116. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: Computer Crimes, Laws, and Policing in the 21st Century: Computer Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016

Course Title: E-Commerce Laws

a. Course Description:The course will examine the legal implications of forming and performing international sale contracts using electronic records and communications in place of paper. While the formation of such contracts using electronic means is supported by a maturing legal framework, the law relating to the use of documents used regularly in the performance of such contracts, including transport document such as bills of lading and sea waybills, as well as insurance policies and certificates, is still firmly anchored to the paper world. Thus, eliminating paper is not as simple or straightforward as it might at first seem and this course will address attendant legal issues and implications in depth. The course will also examine in detail common financial arrangements entered into by international traders for the purpose of the buying and selling of goods across borders.b. Course Contentsi. An introduction to ecommerce: law, technology, and businessii. The scope of ecommerce: jurisdiction via the internetiii. Minimum contacts and the networked economy: personal jurisdiction in cyberspaceiv. Future concerns: a brief look at choice of law on the 'net v. Contracts and signaturesvi. UNCITRAL and eu perspectives on electronic contracts

vii. Formation of contracts incorporation (clickwrapetc)viii. Signaturesix. E-money, e-payments, m-paymentx. Taxationxi. Online gamblingxii. Prominent legal issues in e-commerce

c. Recommended Books:i. Murray: Information Technology Law: The Law and Society 3ed (OUP, 2016) ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart, 2009) iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)iv. Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge 2014) v. Wang: Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge, 2010)vi. E-Commerce Law Around The World: A Concise Handbook: A Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol Blythe, Xlibris Corporation, 2011

Course Title: Media Law

a. Course descriptionThe focus of this course is to develop an understanding within the students regarding the laws related to Mass Media, and latest technological and communication laws. There are three regulators to govern media, primarily, PEMRA with having limited jurisdiction over the content; secondly, PTA controlling the access to the content, the then least active the Press Council of Pakistan. The students will be able to understand the role of regulators the complaint and litigation procedures in the field of Mass Media through this course. b. Course Contentsi. Freedom of expressions, Speech and Informationii. Restrictions of Freedom of Expressionsiii. Right to Informationiv. Pakistan Council of Pressv. Pakistan Electronic Media Regulatory Authority – Ivi. Trial of Offencesvii. Complaint Proceduresviii. Powers of Authorityix. Modern Communications and Legal Implicationsx. Media Ethics and Code of Conduct & Censorshipxi. Implication of Contempt of Courtxii. Broadcast Regulationxiii. Advertisement Regulationsxiv. Competition enforcement issues in Mediaxv. Protection of Journalistsxvi. Intellectual Property Issues in Media

1. Legal Theory & Practice in the First period of Islam.2. Development in the Second and Third periods of Islam.3. Doctrine of Taqlid in mediaeval and later era.C. Ijtihad in Modern Islamic Law1. Necessity, scope, mode, forms, functions and conditions of validity.2. Modern Legislative Problems and Ijtihad, with special reference to:i. Constitutional Lawii. Criminal Lawiii. Commercial Law17. LAW AND POLITICSTopics of Study:This course will examine how far considerations outside the so called Autonomous and selfcontaineddiscipline of law affect judicial decisions Especially in hard cases whetherdecisions in such cases can be explained And justified by strictly adhering to legalreasoning? Whether politics, Institutional, ideological or in any other form should beallowed to interfere With the judicial process? The course is divided in two parts. In the firstpart of the course conceptual framework will be constructed by drawing upon theSecondary material (legal-theory) from Anglo-American sources. In the Second part of thecourse primary material (case law) will be critically Analyzed from the point of viewestablished in the first part of the course.2518. LAW AND SOCIETY IN SOUTH ASIATopics of Study:1. Family Lawa. Child marriageb. Dowry.c . Polygamy and uniformity of laws.d. The concept of marriage and conjugal rights in South Asian legal systems.e. Divorce and related matters.f. Maintenance of divorced wives.g. Succession.2. Socio-Political Issuesa. State and Religionb. Role of Womenc. Armed Forcesd. Civilian Authority and Role of Bureaucracye. Role of Judiciaryf. Civil Liberties and Role of NGOsg. Conduct of Elections19. LAW OF EVIDENCETopics of Study:The syllabus shall include the existing Law of Evidence in Pakistan (Qanoone- Shahadat

1984), the Islamic Law of Evidence and English Law of EvidanceBooks Recommended:1. M. Munir, Principles and Digest of Law of Evidence2. Amir Ali and J.G. Woodrof, Law of Evidence.3. S.L. Phipson and Elliot, Manual of Law of Evidence4. Fatawa-i-Alamgiri5. Hidaya6. Basu, Law of Evidence267. Dr. Hamidullah, Qanoon-e-Shahadat8. Lord Denning, Road to Justice9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by Gopal S.Chaturvedi, Delhi Law House.LAW OF INTERNATIONAL INSTITUTIONSTopics of Study:A. Historical Introduction:Evolution and development – the private international union-the public internationalunions.B. Organization of General Competence.1. League of Nations, its history and composition2. United Nations – suspension, termination and withdrawal ofMembership.i) Security Council, its composition, voting procedure,functions and powers.ii) General Assembly, its composition, voting procedurefunctions and powers.iii) Trusteeship and Mandate Systems.iv) Economic and Social Councilv) Secretariat and Amendment Procedure.C. Organizations of Limited Competence1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions regardingmembership, organization, scope of jurisdiction, procedure, powers etc.2. International Commodity Agencies.27D. Regional Institutions:1. European Organizations:The council of Europe, North Atlantic Treaty organizations, westernEuropean Union, European Coal and Steel Community, EuropeanEconomic Community, European Free Trade Area, OECD and Euratom.2. American Organizations:Organization of American States: The organization of Central AmericanStates, Central American Common Market, Latin American Free TradeArea, Caribbean Free Trade Area.3. African Organizations:

26. Insurable interest27. Insurable value28. Disclosure and representation29. The Policy30. Double Insurance31. Warranties32. The Voyage33. Assignment of the Policy34. The premium35. Loss and abandonment36. Partial losses (including salvage and general average and particular Charges)37. Measure of Indemnity38. Rights of Insurer on Payment39. Return of premiums3140. Lloyd's form of policy41. Institute clauses42. Reinsurance43. Maritime Law and Mortgage of ships44. Procedure of action in rem45. Ownership, Registration, Construction, Sale and Mortgage of ships46. Flags of convenience47. Limitation of Ship owner's liability48. Safety Regulations for merchant and passenger ships49. Authority of Master's Rights and duties of Crew50. Pilotage51. Stevedoring contracts52. Use of harbors and docks53. Collision, Towage54. Salvage24. WESTERN JURISPRUDENCE / LEGAL THEORYTopics of Study:1. Pre-Aristotle developments2. Aristotle-His Social & Legal philosophy3. Law, Justice, Equity4. Post Aristotle and legal Philosophy5. Different Schools of Thought6. Modern Trends in Legal Philosophy7. International Law in Jurisprudence8. Law of Nature-as Propomaded by Different Schools of Legal PhlisophyTheCourse Title : Cyber Space Law: Internet Jurisdiction And Dispute Resolution a. Course Description:The Course analyses the concept and theories of jurisdiction under International Law (Public International Law), from the perspective of international criminal law, especially in the context of transnational crimes such as cybercrime, from the perspective of regulation (e.g. data protection and trans-border data flows; online gambling; online content regulation)

and from the perspective of private international law/conflicts of law (jurisdiction and applicable law in civil and commercial disputes such as contract, torts generally, defamation and privacy infringements, IP infringements). It therefore takes a novel approach by looking both at private law and public law - but this approach is necessary as internet communications are not restricted to private law and private international law.b. Topics of Studya. Jurisdictional Challenge, State Sovereignty and International Lawb. Jurisdiction of the Criminal Courts c. Jurisdiction and Criminal Investigation and Prosecutiond. Private International Law: Jurisdiction and Enforcement, Applicable Law: UK and EU US Conflicts of Lawe. Alternate Dispute Resolution including Online Dispute Resolu-tionf. Jurisdiction & Free Trade: TFEU Freedom to Provide Services, Country of Origin Regulation and WTOg. Online Gambling and Audio-visual Content as an Example of Cross-border Conflictsh. Trans-border data flows and jurisdiction.c. Recommended Books:i. Government in Cyberspace – What Jurisdiction?, Michael Cronin & Bernadetter Jewii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson and David G.Postiii. Governing Cyberspace, David G.Postiv. Online Dispute Resolution: Resolving Conflicts in Cyberspace, Ethan Katsh, Janet Rifkin, 2001v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak, 2017, Springer International Publishing.vi. Transborder Data Flows and Data Privacy Law, Christopher Kuner, 2013vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung, Rolf H Weber, Edward Elgar Publishing, 2015viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs, Oxford University Press, 2008Course Title: Cybercrime: International Cooperation And Digital Investigationsa. Course Description:Internet technologies have enabled new ways of committing crimes and have moved "old" crimes such as fraud online- this has created interesting challenges to the investigation, prosecution and enforcement of the criminal law. Internet technologies are borderless and have enabled an increase in transnational crime. This Course will examine the legal procedural issues arising from trans-border online crime: international co-operation, mutual assistance, extradition; the role played by private actors/industry in the enforcement of cybercrime (payment intermediaries; hosting providers (e.g. cloud computing); internet access providers; domain name registries and registrars etc); the relationship between public and private enforcement; the national and international powers of collecting

c. Recommended Readings: Primary Sources1 The Constitution of Pakistan, 19732 Article 19, International Covenant on Human Rights.3 Article 10, European Convention on Human Rights4 Defamation Ordinance, 20025 The Prevention of Anti-National Activities Act 19746 The Cigarettes (Printing of Warning) Ordinance, 19797 Punjab Transparency and Right to Information Act, 20138 Right to Information Act, 20139 The Official Secret Act, 192310 Press Council of Pakistan Ordinance, 200211 The Pakistan Electronic Media Regulatory Authority (Councils of Complaints) Rule, 201012 The Censorship of Films Rules, 198013 The Indecent Advertisements Prohibition Act, 196314 Pakistan Penal Code, 186015 Copyright Ordinance, 196216 Copyright Rules, 196717 The International Copyright Oder, 1968

Secondary Sources

18 EUROPEAN COMMISSION Competition DG Information, communication and multimedia Media and music publishing “Market Definition in the Media Sector - Economic Issues - Report by Europe Economics for the European Commission, DG Competition”

19 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY, Regulation and Competition Issues in Broadcasting in the light of Convergence 199820 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expres-sion, Frank la Rue, 4 June 2012, A/HRC/20/17.21 Human Rights Committee, General Comment 11: Prohibition of propaganda for war and inciting national, racial or religious hatred (Art. 20), 29 July 1983.22 Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the rights to freedom of opinion and expres-sion, Addendum, Tenth anniversary joint declaration: Ten key challenges to freedom of expression in the next decade, 25 March 2010, A/HRC/14/23/Add.23 Yasmeen Aftab Ali, “A Comparative Analysis of Media and Media Laws in Pakistan”, (Sang-e-Meel, Publications; 2012)24 M. Abdul Basit, “Media Laws of Pakistan”, (Federal Book House, 2011)

25

Legum Magister LL.MDepartment of Legal Studies

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26

International & Maritime Law LL.MDepartment of Legal Studies

Objectives of the Degree

Available Specialization

Program TimingMorning

Available Campuses

Regular Program Duration

Islamabad

2 Years4 Semesters

General

LL.B from any recognized university/institute with minimum 3.00 CGPA in semester system and in case of annual system 55% marks are required.

Additionally, applicants must provide HEC verification of all academic certificates / degrees.

Entry Requirements

• To assist public and private sectors in the areas of Maritime affairs through training of law graduates who will subsequently constitute specialized cadre of lawyers competent in handling issues of Admiralty and drafting of Maritime legislation.

• To ensure safe operation and expansion of Shipping and Port industries of Pakistan through our dedicated team of Maritime law graduates.

• To promote better understanding of problems arising over navigable waters, and to look for their pragmatic solutions.

• To provide advanced knowledge of Maritime law in combination with International trade law.

• To benefit from the interests and expertise of our parent institution, i.e. the Pakistan Navy.

• To inculcate advanced knowledge and practical skills required to advice, litigate and negotiate based on relevant rules of Admiralty.

• To give our graduates specialist expertize in International & Maritime law that will help them stand out from the competition.

• To see through successful completion and operation of landmark infrastructure projects of CPEC.

• To learn techniques of drafting documents, negotiating agreements, handling complaints and arguing cases relating to Maritime affairs.

• To foster an enlightened devotion to law of the sea.• To read, comprehend and use cases, statutes and rules to solve

legal problems and construct legal arguments pertaining to International and Maritime law.

• To nurture a culture of genuine research in International and Maritime law.

• To adopt innovative teaching methods to increase critical and analytical ability of our students.

Learning outcome of the Degree ProgramThe sea constitutes two third of the entire planet and is of fundamental importance to human activity, sustaining life and providing commerce, navigational routes and a substantial proportion of our natural resources.As a Maritime lawyer, the kinds of cases that you will encounter are truly varied. They can range from injuries and working conditions at sea, fisheries, complaints about a company dumping toxic waste into waters, to disputes relating to cargo, shipping and commerce. You can find yourself one day arguing cases in the court, another day drafting documents and the next week you are negotiating agreements and handling complaints. In Pakistan, the High Court of Sindh and Baluchistan have been empowered to adjudicate upon the disputes over the navigable waters through the Admiralty Jurisdiction of the High Courts of Sindh and Baluchistan Act, 1981. On the other hand, shipping industry of Pakistan is regulated by Ministry of Ports and Shipping (now Ministry of Maritime Affairs) and its attached departments.This course is of great relevance to those who wish to acquire expertize

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27

International & Maritime Law LL.M

Why choose BU for the Stated Degree Program?

Department of Legal Studies

With a national reputation for Maritime scholarship and a dedicated team of specialist academics, Bahria is one of the best places in Pakistan to study a Masters in International & Maritime law. The university is world-class hub of Maritime research and expertise. Our academics are actively involved in cutting edge studies and can, therefore, bring the latest research developments to your learning. In addition, standing of our experts in Pakistan Navy means they are fully competent to give advice to public and private sectors alike on different aspects of Maritime law, including drafting of laws. This means you will have an outstanding opportunity to learn from experts and academics who are not only skilled in the application of law as it is applied today, but are equally capable of drafting laws of future, giving you a career advantage when you graduate.Study your LL.M in International & Maritime law at Bahria and you will

benefit from:1- A thriving academic environment committed to excellence in

teaching and research.2- A professional but friendly environment with excellent support

system.3- Innovative lectures delivered by experts trained by Pakistan Navy,

and academics at the forefront of scholarship in the field of International & Maritime law.

Future Career Prospects

BU LL.M in International & Maritime laws delve into the many facets of Admiralty law including marine commerce, shipping, transportation by sea, marine insurance, security and environment. Upon graduation from BU in International & Maritime Laws Masters programme, graduates will be highly qualified to advice, litigate and negotiate based on the rules and guidelines of Maritime law. Career possibilities for BU graduates of LL.M in International and Maritime Law are diverse and rewarding. BU graduates may go on to work in national and international practice for law firms, government bodies, NGOs etc. They may also contribute substantially through further research, and joining academia.

in International Trade and Maritime/ Shipping law. The specialized program has been developed to provide students with an in-depth understanding of the need to regulate Maritime affairs. By doing this course you will gain a detailed and relevant knowledge of various aspects of Maritime law, covering contracts for the carriage of goods, marine insurance, international trade and law of the sea, enabling you to practice law in these less explored areas, and to do further research for the benefit of future generations.

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International & Maritime Law LL.MDepartment of Legal Studies

SUBJECTS CREDITS4 124 12

1 6

9 30

COURSE CODE COURSE TITLE CREDITS

1 LLM-XXX Compulsory-I 3

2 LLM-XXX Compulsory-II 3

3 LLM-XXX Compulsory-III 3

4 LLM-XXX Compulsory-IV 3

5 LLM-XXX Elective-I 3

6 LLM-XXX Elective-II 3

7 LLM-XXX Elective-III 3

8 LLM-XXX Elective-IV 3

9 LLM-725 THESIS-I 3

10 LLM-725 THESIS-II 3

SEMESTER-1

SEMESTER-2

SEMESTER-3

SEMESTER-4

DEPARTMENT OF LAW

SCHEME OF STUDIES FOR LLM INTERNATIONAL AND MARITIME LAWS- 2 YEAR PROGRAM

BAHRIA UNIVERSITY ISLAMABAD CAMPUS

TOTAL

Compulsory CourseElective/Compulsory

Thesis-I/Thesis-ll

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29

International & Maritime Law LL.MDepartment of Legal Studies

Sr.No Course Code Subject Title Credir Hour1 LLM-700 RESEARCH METHODOLOGY 32 LLM-714 INTERNATIONAL TRADE LAW 33 LLM-741 INTERNATIONAL MARITIME LAW 34 LLM-742 CARRIAGE OF GOODS BY SEA 3

Sr.No Course Code Subject Title Credir Hour1 LLM-701 ADMINISTRATIVE LAW 3

2 LLM-702 ALTERNATE DISPUTE RESOLUTION 3

3 LLM-703 BANKING BLAW 3

4 LLM-704 COMMERCIAL/ BUSINESS LAW 3

5 LLM-705 COMPANY/ CORPORATE LAW 3

6 LLM-706 COMPARATIVE CONSTITUTIONAL LAW 3

7 LLM-707 COMPARATIVE ENVRONMENTAL LAW 3

8 LLM-708 COMPARATIVE HUMAN RIGHTS LAW 3

9 LLM-709 COMPARATIVE STUDY OF ISLAMIC AND WETERN JURISPRUDENCE 3

10 LLM-710 CONSTITUTIONAL LAW OF PAKISTAN 3

11 LLM-711 CRIMINOLOGY 3

12 LLM-712 INTELLECTUAL PROPERTY LAWS 3

13 LLM-713 INTERNATIONAL ECONOMIC LAW 3

14 LLM-715 ISLAMIC LAW 3

15 LLM-716 LABOUR LAW 3

16 LLM-717 LAW AND POLITICS 3

17 LLM-718 LAW AND SOCIETY IN SOUTH ASIA 3

18 LLM-719 LAW OF EVIDENCE 3

LIST OF APPROVED ELECTIVE COURSES

LIST OF APPROVED COMPULSORYCOURSES

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International & Maritime Law LL.MDepartment of Legal Studies

19 LLM-720 LAW OF INTERNATIONAL INSTITUTIONS 3

20 LLM-721 LAW OF TAXATION 3

21 LLM-722 LEGAL HISTORY OF PAKISTAN AND INDIA 3

22 LLM-723 SHIPPING LAW 3

23 LLM-724 WESTERN JURISPRUDENCE AND LEGAL THEORY 3

24 LLM-726 CYBER SPACE LAW: INTERNET JURISDICTION AND DISPUTE RESOLUTION 3

25 LLM-727 CYBERCRIME: INTERNATIONAL COOPERATION AND DIGITAL INVESTIGATIONS 3

26 LLM-728 E-COMMERCE LAWS 3

27 LLM-729 MEDIA LAWS 3

28 LLM-730 GLOBAL SECURITY & HUMAN RIGHTS LAW 3

29 LLM-731 INTERNATIONAL REFUGEE LAW 3

30 LLM-732 INTERNATIONAL INVESTMENT LAW 3

31 LLM-733 COMPARATIVE CRIMINAL JUSTICE 3

32 LLM-734 INTERNATIONAL HUMANITARIAN LAW 3

33 LLM-735 IMMIGRATION LAW 3

34 LLM-736 LAW OF TREATISE 3

35 LLM-737 ISLAMIC LAW OF WAR AND PEACE 3

36 LLM-738 INTERNATIONAL CRIMINAL LAW 3

37 LLM-739 ENERGY AND CLIMATE CHANGE LAW 338 LLM 743 INTERNATIONAL COMMERCIAL ARBITRATION 339 LLM 744 COMMERCIAL CONFLICT OF LAWS 340 LLM 745 SHIPPING CONTRACTS 341 LLM 746 MARINE INSURANCE 342 LLM 747 LAW OF MARINE ENVIRONMENT 343 LLM 748 CRIMES AT SEA 344 LLM 749 ADMIRALTY AND JURISDICTION 3