Pglaw 2019 P
Pglaw 2019 P
Pglaw 2019 P
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Ph.D in Law
Department of Legal Studies
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Ph.D in Law
Department of Legal Studies
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.
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.
PhD
Scheme of Studies
Course Work 18
Thesis 36
Total Credit Hours for PhD Program 54 credit hours
Semester-1
3
PhD Law
Department of Legal Studies
Semester-2
Semester-3
Comprehensive Exam
Approval Thesis Proposal
Semester-4
Research Work
Semester-5
Research Work
Semester-6
Research Work
Thesis
4
PhD Law
Department of Legal Studies
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PhD Law
Department of Legal Studies
LLM-711 Criminology 3
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PhD Law
Department of Legal Studies
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PhD Law
Department of Legal Studies
Course Details j. Economic Structure of Ancient India: [a] Pastoralism; [b] Peasant phase; [c]
1. Advanced Research Methods in Law Village; [d]
The course provides an advanced program of research training for students k. Agriculture and stockbreeding; [e] Origin and types of property; [f] Urban
of proven academic ability. centres; [g] Guilds; [h]
It provides structured and systematic examination of the nature, aims and Trade and finance; [i] Maritime trade.
methodologies of legal research as a foundation for dissertation design and l. The Way India Was Conquered and Political Power Consolidated: Impact
writing. Included in the unit of study content are examinations of On Legal Traditions.
fundamental aspects of the legal research process, including problem
m. The Judicial System of the East India Company
definition,methodology, design of the research proposal, considerations of
ethical issues, quantitative research in law, questionnaire and survey design, n. The Administration of Justice in Medieval India: a study in outline of the
interdisciplinary approaches to investigating legal controversies, judicial system under
comparative research and the publication of legal research. Also included is the sultans and the Badshahs of Delhi based mainly upon cases decided by
a systematic review of the main online research tools for finding primary and medieval courts in
secondary legal sources, including foreign legal materials. Overall, the unit
provides students the opportunity to apply and modify investigative, India between 1206-1750 AD
analytical and critical skills gained and developed through the coursework o. Codification of laws as statutory laws, except personal laws:
units to the resolution of a legal problem.
p. Judicial system in Pre-Mughal Period
Recommended Books:
q. History of Law Reporting in India
Armstrong and Christopher A. Knott, Where the Law Is: An Introduction to
r. History of Legal Profession
Advanced Legal Research
Fourth Edition, West Law School 2012.
Recommended Readings:
200 of 243
1. Baxi, Upendranath, Towards an Indian Sociology of Law, [New Delhi,
2. Legal History of the Subcontinent
1986]
Topics of Study:
2. Derret, Duncan M., Religion, Law and the State in India [New Delhi, 1999]
a. What is History? [a] The subject matter of history; [b] Knowability of the
3. Fyzee, A.A.A., Outlines of Mohammedan Law, [Bombay, 1951]
past; [c] Purpose of history; [d] Relationship between history and its
neighbours; [e] Relationship between history and law. 4. Jain, M.P., Outlines of Indian Legal History [Delhi, 1997]
b. Historical Evolution of Indian Legal System 5. Jois, Justice M. Rama, Legal and Constitutional History of India: Ancient
Legal, Judicial and
c. Evolution of Hindu law: The stages of Hindu law in Indian history.
Constitutional System [Delhi, 2001]
d. Dharma: [a] Definition and meaning of purusharthas; [b] Definition and
meaning of dharma; [c] Branches of dharma. 6. Lingat, Robert, The Classical Law of India [New Delhi, 1998]
e. Role of the State in Ancient Indian Society: [a] Early experiments, [b] Tribal 7. Mathur, AshutoshDayal, Medieval Hindu Law: Historical Evolution and
polity; [c] Tribal assemblies; [d] Later-Vedic developments, especially the Enlightened Rebellion
concept of kingship; [e] Royal functions; [f] Councilors and officials; [g] [New Delhi, 2007]
Oligarchies and republics.
8. Mensky, Werner, Comparative Law in a Global Context: The Legal
f. Colonial Law and Cultural Difference: Jurisdictional Politics and the Systems of Asia and
Formation of the g. Colonial State
Africa,[Cambridge, 2006]
h. Feudalism: [a] Quasi-feudalism; [b] Feudalism; [c.] Local administration;
[d.] Working of the Mahasabhas. 9. Singh, M.P., Outlines of Indian Legal and Constitutional History, [New
Delhi, 1969]
i. Social organizations in ancient India: [a] Varna system; [b] Gotraand
pravara; [c] Varna and jati; 10. Sreenivasa Murthy, H.V., History of India Part I For Law Students,
National Law School of
[d] Family; [e] Status of women.
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PhD Law
Department of Legal Studies
India, Bar Council of India, [Eastern Book Company, Lucknow, 2008] in, 1963]
11. Alschuler, Albert W., Law without Values: The Life, Work and Legacy of 29. Sharma, Arvind, Hinduism and Human Rights: A Conceptual Approach,
Justice Homes [New Delhi, 2007]
[Chicago: Chicago University Press, 2000] 30. Trautmann, Thomas R., Aryans and British India, [New Delhi: Yoda Press,
2004]
12. Embree, Ainslie T., [ed.], Sources of Indian Tradition, Vol 1: From the
Beginning to 1800 [New 31. Qazalbash, Yawer, Principles of Muslim Law, Second Edition, 2005,
[Allahabad: Modern Law
Delhi: Columbia Press, 1988] 201 of 243
House, 2005]
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 3. Comparative Legal Theory
Permanent Settlement [Paris, 1963] Topics of Study
15. Habib, Irfan, [ed.], Medieval India I: Researches in the History of India, a. Pre-Aristotle developments
1200-1750, [New Delhi, 1992]
b. 2. Aristotle-His Social & Legal philosophy
16. Holmes, Oliver Wendell, The Collected Works of Justice Holmes [S.
Novick, ed.], [Chicago, 1995] c. Law, Justice, Equity
17. Posner, Richard A., The Essential Holmes: Selections from the Letters, d. Post Aristotle and legal Philosophy
Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, e. Different Schools of Thought
Jr. [Chicago, 1992]
f. Modern Trends in Legal Philosophy
18. Pound, Roscoe, Jurisprudence, Vol. 1 [St. Paul, Minnesota, 1959]
g. International Law in Jurisprudence
19. Kane, P.V., History of Dharmasastra, Vols. 1-5 [Poona, 1968]
h. Law of Nature-as Propounded by Different Schools of Legal Philosophy
20. Kangle, R.P., The KautilyaArthasastra[Bombay, 1969]
21. Kulshreshtha, V.D., Landmarks in India Legal and Constitutional History,
Recommended Readings:
[Lucknow, 2005]
1. Salmond on Jurisprudence.
22. Mahajan, V.D., Jurisprudence and Legal Theory [Lucknow, 2003]
2. Holland, The Elements of Jurisprudence.
23. -, Hindu Law: Beyond Tradition and Modernity, [Delhi: Oxford University
Press, 2008; first published in 2003] 3. Pollak Sir, Jurisprudence & Legal Essay.
24. Novick, Sheldon M., Honourable Justice: The Life of Oliver Wendell 4. Aristotle, Politics (Ed. E. Barker, London).
Holmes, [Chicago, 1989] 5. Politics (Benjamin Jowett. New York).
25. Raychaudhuri, Hemchandra, Political History of Ancient India, [New 6. Hobbes, Leviathan (Chaps 13-26).
Delhi: Oxford University
7. Locke, Of Civil Government (Book-II).
Press, 2006; seventh impression; first published in 1923]
8. Austin, Lectures in Jurisprudence, Lec 1-6.
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 202 of 243
the British Conquest, 1200-1700, 9. Bentham, Theory of Legislation.
[New Delhi, 1993] 10. Maine, Ancient Law.
27. Saharay, H.K., Legal and Constitutional History of India [A Legal Study of 11. M.D.A. Freman, Introduction to Jurisprudence, London, Sweet &
the Constitutional
12. Maxwell.
Development of India] [Calcutta, 1985]
13. J.W.Harris, Legal Philosophies, London, Butterworths.
28. Schacht, Joseph, Introduction to Islamic Law, [Oxford: Clarendon Press,
1993; first published 14. H.L.A. Hart, The Concept of Law, Clarendon Press, Oxford
9
PhD Law
Department of Legal Studies
15. Julis Stone, Province and Function of Law. issues underpin many procedural rules and that, while most procedural
16. Hall, Readings in Jurisprudence. regimes seek to achieve the
17. Cohen & Cohen, Readings in Jurisprudence and Legal Philosophy. same general purpose (resolving disputes over legal rights), they often do so
in different ways that
5. Comparative Legal Systems and Procedures:
may signify philosophical difference as well as different balances between
The comparison of legal systems has for a long time been an essential branch the various competing
of legal research and
interests.
jurisprudence. It has become even more important and relevant in our era of
globalization, an era in Recommended Readings:
which there is no field of law that can base its knowledge exclusively on 1. Basil C. Bitas, Comparative Legal Systems, LexisNexis
national ideas and rules of 2. René David, John E. C. Brierley, Major Legal Systems in the World Today:
procedure. The law of any system is based on legal tradition. Generally, law An Introduction to
changes very slowly. To the Comparative Study of Law, Simon and Schuster, 1978
study law without knowing something of its history is to study law in a 3. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House
vacuum. Indeed, it is often 2010
argued that legal history and comparative law have close links. The history of 4. New South Wales. Law Reform Commission, Studies in comparative civil
a legal system also and criminal
explains some of its characteristics and peculiarities and the study of the procedure, Volumes 1-2
historical development or
Studies in Comparative Civil and Criminal Procedure, New South Wales. Law
background of legal ideas is sometimes referred to as historical Reform
jurisprudence – a study which is not
Commission 1978
much in fashion nowadays. All legal systems in the world today have reached
the present through a
6. Transformation of Shariah into Law: Modern Application of Shariah
process of evolution. Some comparatives would argue that you cannot begin
to use the comparative Topics of Study
method unless you thoroughly understand the history of a particular legal a. Introduction to the course
system. It may not always 203 of 243
be possible to have a thorough grasp of the history of a system let alone b. Codification of Sharia
several systems, but it is
c. Evaluation of the Codification of Sharia
helpful to have at least a general knowledge, because this will help your
understanding of why a d. The Attitude of Ullama and the Judiciary towards the Codification of
Sharia
system is as it is today.
e. Sharia Risk: Islamic Finance transformation into Islamic Contract Law
This course will also include the theoretical aspects of legal procedure in
both the civil and criminal f. Sharia and the Leadership of Muslim States
contexts, and exposes a number of interesting issues that will be analyzed g. Pre-Modern Governance: The Circle of Justice
through comparative
lenses. The primary purpose is to provide new ways of thinking about legal Recommended Readings:
procedure and evidence.
1. Nyazee, Imran Ahsan Khan. Theories of Islamic Law. Islamic Research
Procedural rules are often thought of as being secondary and technical in Institute, 2009.
nature, bearing no
2. Anderson, N. Law Reform in the Muslim World. London 1976.
normative significance and merely facilitative. A deeper enquiry will reveal
3. Anderson, N. and N.J. Coulson, Islamic Law in Contemporary Cultural
that serious theoretical
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PhD Law
Department of Legal Studies
Change. München 1967. study of the major legal traditions (e.g., common law, civil law, socialist law)
4. Bälz, K. “The Secular Reconstruction of Islamic Law: The Islamic Supreme and analysis of the
Constitutional Court criminal justice system across the world, including police, courts, and prisons.
and the ‘Battle over the Veil’ in State-Run Schools.” The students will
5. Brown, N.J. and A.O. Sherif, “Inscribing Sharia in Arab Constitutional Law.” identify, analyze, and compare the criminal justice systems in the Pakistan
Washington with those of other
(unpublished). Chehata, Ch. Droit Musulman: Application au Proche-Orient. countries. The course will explain the basic worldwide philosophies of law
Paris 1970. and justice, the
6. Coulson, N.J. Conflicts and Tensions in Islamic Jurisprudence. Chicago arrangements for crime prevention and law enforcement, and the methods
1969. of dealing with convicted
7. The Political and Legal Theories of Muhammad. Abdullah and Rashid, offenders throughout the world.
Berkeley & Los Angeles 1966.
8. Khadduri, M. The Encyclopedia of Islam. New ed., VI (1991), 739. Recommended Readings:
9. Krawietz, B. “Cut and Paste in Legal Rules: Designing Islamic Norms with 1. Justice(r) Fazal Karim. The Law of Criminal Procedure, Pakistan Law House
Talfiq.” Die Welt des 2010
Islams I 42, 1 (2002), 3–40. 2. Pakes, Francis. Comparative Criminal Justice. Third Edition. Routledge
10. Layish, A. “The Contribution of the Modernists to the Secularization of Publishers 2014
Islamic Law.” Middle 3. Philip L. Reichel, Comparative Criminal Justice Systems: A Topical
Eastern Studies 14 (1978), 263–277. Approach (6th edition)
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PhD Law
Department of Legal Studies
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
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Legum Magister LL.M
Department of Legal Studies
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Legum Magister LL.M
Department of Legal Studies
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.
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Legum Magister LL.M
Department of Legal Studies
Road Map
SCHEME OF STUDIES FOR LLM-2 YEAR PROGRAM
SUBJECTS CREDITS
Compulsory
1 3
Course
Elective
7 21
Courses
Research
1 6
Thesis
TOTAL 9 30
SEMESTER
1
COURSE
COURSE TITLE CREDITS
CODE
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
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Legum Magister LL.M
Department of Legal Studies
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Legum Magister LL.M
Department of Legal Studies
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Legum Magister LL.M
Department of Legal Studies
Course Descriptions
ALTERNATIVE DISPUT E RESOLUTION
1. Introduction to the course, Perspective on ADR and Informal Justice. 3. BANKING LAWS
2. Taxonomy: Conflict, Dispute and Decision Making: The Nature of Topics of Study:
Disputes and 1. The State Bank of Pakistan Act, 1956
dispute processes. The characteristics of different forms of dispute process. 2. The Banking Companies Ordinance, 1962
Modes 3. The Modarba Companies and Modarba (Floation and Control) Ordinance,
of third party intervention, litigation and Settlement. 1980
3. Negotiation: the nature or negotiations. Power in dispute processes. 4. The Financial Institutions (Recovery of Finances) Ordinance, 2001
Bilateral and 5. The Negotiable Instruments Act, 1881 (All Provisions Sections 1-60,
multi-party processes. Representative negotiations. The Processaral shape 82-85A and
of 122-131 of the Act)
negotiations. 6. Islamic Banking
4. Mediation: The nature or mediation and the role or the Mediator. The 3. COMMERCIAL / BUSINESS LAW
Context and Topics of Study:
form of mediated negotiations. The different forms of Mediation. Mediation 1. Law of Contract
distinguished from other forms of third party Intervention. Problems of 2. Partnership
confidentiality. The protection of weaker Parties and safeguarding of third 3. Sale of Goods
part 4. Transportation of Goods
interest. 5. Negotiable Instruments Act
17
1. ADMINISTRATIVE LAW 6. Uniform Commercial Code of USA
Topics of Study: 7. Commercial Law in United Kingdom
1. General Principles of Administrative Law 8. Stock Exchanges and their Regulation
2. Administrative Act and Function 9. Offences Relating to Stock Exchanges
3. Delegated and Subordinate Legislation 10. Commercial Arbitration
4. Administrative Discretion and its Judicial Review 5. Company / Corporate Law
5. Principles of Natural Justice Topics of Study:
6. Judicial Review of Administrative Actions 1. Historical development and the practical advantages of incorporation.
7. Administrative Courts and Tribunals 2. Formation of companies and categories. Conversion from one category
8. Ombudsman to another.
16 3. Corporate Law
5. The Process Aral Shapes of Mediation. 4. Constitution and Incorporation
6. The Regulation of Mediation: The Development of a Regulatory 5. Capital issues and Control
Framework (UK, 6. Share Capital and its Structure
Europe, Australia and the North American Approach). Overarching 7. Prospectus
Regulation. 8. Promoters, fiduciary capacity
Central Issues. 9. Corporate Control and Inspection
7. Umpiring: Arbitration Curls and Mixed Processes: Government and 10. Equity Holders, their rights and Liability
Dispute 11. Control of majority share holders
Settlement. Arbitration and Civil Justice. The heterogeneity of Courts. The 12. Directors, their responsibility and control activities of the company
Roles of 13. Borrowing powers of the Directors
the Courts. Developments in Adjudication Settlement and Civil Justice. 14. Members' relationship with the company
ARD and 15. Minority shareholders and their rights
Civil Procedure. 16. Reconstruction and amalgamation/mergers
8. ADR and Civil Justice in England, USA and other States. 17. Winding up and Liquidation
9. The Scope of ADR in Pakistan. 18. Foreign and Private Investment, its control and protection, capital issue
and control.
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Legum Magister LL.M
Department of Legal Studies
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Legum Magister LL.M
Department of Legal Studies
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Legum Magister LL.M
Department of Legal Studies
1. Legal Theory & Practice in the First period of Islam. 1984), the Islamic Law of Evidence and English Law of Evidance
2. Development in the Second and Third periods of Islam. Books Recommended:
3. Doctrine of Taqlid in mediaeval and later era. 1. M. Munir, Principles and Digest of Law of Evidence
C. Ijtihad in Modern Islamic Law 2. Amir Ali and J.G. Woodrof, Law of Evidence.
1. Necessity, scope, mode, forms, functions and conditions of validity. 3. S.L. Phipson and Elliot, Manual of Law of Evidence
2. Modern Legislative Problems and Ijtihad, with special reference to: 4. Fatawa-i-Alamgiri
i. Constitutional Law 5. Hidaya
ii. Criminal Law 6. Basu, Law of Evidence
iii. Commercial Law 26
17. LAW AND POLITICS 7. Dr. Hamidullah, Qanoon-e-Shahadat
Topics of Study: 8. Lord Denning, Road to Justice
This course will examine how far considerations outside the so called 9. Qanoon-e-Shahadat by Justice ® Khalil-ur-Rehman Khan
Autonomous and selfcontained 10. Law of Evidence (Qanoon-e-Shahadat) by Shaukat Mahmood
discipline of law affect judicial decisions Especially in hard cases whether 11. Field's Commentary on Law of Evidence, 12th Edition (5 Vol) Revised by
decisions in such cases can be explained And justified by strictly adhering Gopal S.
to legal Chaturvedi, Delhi Law House.
reasoning? Whether politics, Institutional, ideological or in any other form LAW OF INTERNATIONAL INSTITUTIONS
should be Topics of Study:
allowed to interfere With the judicial process? The course is divided in two A. Historical Introduction:
parts. In the first Evolution and development – the private international union-the public
part of the course conceptual framework will be constructed by drawing international
upon the unions.
Secondary material (legal-theory) from Anglo-American sources. In the B. Organization of General Competence.
Second part of the 1. League of Nations, its history and composition
course primary material (case law) will be critically Analyzed from the point 2. United Nations – suspension, termination and withdrawal of
of view Membership.
established in the first part of the course. i) Security Council, its composition, voting procedure,
25 functions and powers.
18. LAW AND SOCIETY IN SOUTH ASIA ii) General Assembly, its composition, voting procedure
Topics of Study: functions and powers.
1. Family Law iii) Trusteeship and Mandate Systems.
a. Child marriage iv) Economic and Social Council
b. Dowry. v) Secretariat and Amendment Procedure.
c . Polygamy and uniformity of laws. C. Organizations of Limited Competence
d. The concept of marriage and conjugal rights in South Asian legal systems. 1. Specialized agencies (ILO, ICAO, IBRD, IDA, IFO, IMF, FAO, UNESCO,
e. Divorce and related matters. WHO, UPU, WMO, IMCO and GATT) comparative study of the provisions
f. Maintenance of divorced wives. regarding
g. Succession. membership, organization, scope of jurisdiction, procedure, powers etc.
2. Socio-Political Issues 2. International Commodity Agencies.
a. State and Religion 27
b. Role of Women D. Regional Institutions:
c. Armed Forces 1. European Organizations:
d. Civilian Authority and Role of Bureaucracy The council of Europe, North Atlantic Treaty organizations, western
e. Role of Judiciary European Union, European Coal and Steel Community, European
f. Civil Liberties and Role of NGOs Economic Community, European Free Trade Area, OECD and Euratom.
g. Conduct of Elections 2. American Organizations:
19. LAW OF EVIDENCE Organization of American States: The organization of Central American
Topics of Study: States, Central American Common Market, Latin American Free Trade
The syllabus shall include the existing Law of Evidence in Pakistan Area, Caribbean Free Trade Area.
(Qanoone- Shahadat 3. African Organizations:
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Legum Magister LL.M
Department of Legal Studies
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Legum Magister LL.M
Department of Legal Studies
26. Insurable interest and from the perspective of private international law/conflicts of law
27. Insurable value (jurisdiction and applicable law in civil and commercial disputes such as
28. Disclosure and representation contract, torts generally, defamation and privacy infringements, IP
29. The Policy infringements). It therefore takes a novel approach by looking both at
30. Double Insurance private law and public law - but this approach is necessary as internet
31. Warranties communications are not restricted to private law and private international
32. The Voyage law.
33. Assignment of the Policy b. Topics of Study
34. The premium a. Jurisdictional Challenge, State Sovereignty and International Law
35. Loss and abandonment b. Jurisdiction of the Criminal Courts
36. Partial losses (including salvage and general average and particular c. Jurisdiction and Criminal Investigation and Prosecution
Charges) d. Private International Law: Jurisdiction and Enforcement,
37. Measure of Indemnity Applicable Law: UK and EU US Conflicts of Law
38. Rights of Insurer on Payment e. Alternate Dispute Resolution including Online Dispute Resolu-
39. Return of premiums tion
31 f. Jurisdiction & Free Trade: TFEU Freedom to Provide Services,
40. Lloyd's form of policy Country of Origin Regulation and WTO
41. Institute clauses g. Online Gambling and Audio-visual Content as an Example of
42. Reinsurance Cross-border Conflicts
43. Maritime Law and Mortgage of ships h. Trans-border data flows and jurisdiction.
44. Procedure of action in rem c. Recommended Books:
45. Ownership, Registration, Construction, Sale and Mortgage of ships i. Government in Cyberspace – What Jurisdiction?, Michael Cronin
46. Flags of convenience & Bernadetter Jew
47. Limitation of Ship owner's liability ii. Law and Borders - Rise of Law in Cyberspace, David R.Johnson
48. Safety Regulations for merchant and passenger ships and David G.Post
49. Authority of Master's Rights and duties of Crew iii. Governing Cyberspace, David G.Post
50. Pilotage iv. Online Dispute Resolution: Resolving Conflicts in Cyberspace,
51. Stevedoring contracts Ethan Katsh, Janet Rifkin, 2001
52. Use of harbors and docks v. Public International Law of Cyberspace, Kittichaisaree, Kriangsak,
53. Collision, Towage 2017, Springer International Publishing.
54. Salvage vi. Transborder Data Flows and Data Privacy Law, Christopher
24. WESTERN JURISPRUDENCE / LEGAL THEORY Kuner, 2013
Topics of Study: vii. Privacy and Legal Issues in Cloud Computing, Anne S. Y Cheung,
1. Pre-Aristotle developments Rolf H Weber, Edward Elgar Publishing, 2015
2. Aristotle-His Social & Legal philosophy viii. Agreements on Jurisdiction and Choice of Law, Adrian Briggs,
3. Law, Justice, Equity Oxford University Press, 2008
4. Post Aristotle and legal Philosophy Course Title: Cybercrime: International Cooperation And Digital
5. Different Schools of Thought Investigations
6. Modern Trends in Legal Philosophy a. Course Description:
7. International Law in Jurisprudence Internet technologies have enabled new ways of committing crimes and
8. Law of Nature-as Propomaded by Different Schools of Legal Phlisophy have moved "old" crimes such as fraud online- this has created interesting
The challenges to the investigation, prosecution and enforcement of the
Course Title : Cyber Space Law: Internet Jurisdiction And Dispute criminal law. Internet technologies are borderless and have enabled an
Resolution increase in transnational crime. This Course will examine the legal
a. Course Description: procedural issues arising from trans-border online crime: international
The Course analyses the concept and theories of jurisdiction under co-operation, mutual assistance, extradition; the role played by private
International Law (Public International Law), from the perspective of actors/industry in the enforcement of cybercrime (payment intermediaries;
international criminal law, especially in the context of transnational crimes hosting providers (e.g. cloud computing); internet access providers; domain
such as cybercrime, from the perspective of regulation (e.g. data protection name registries and registrars etc); the relationship between public and
and trans-border data flows; online gambling; online content regulation) private enforcement; the national and international powers of collecting
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Legum Magister LL.M
Department of Legal Studies
intelligence and evidence (including surveillance); the law of evidence and vii. Formation of contracts incorporation (clickwrapetc)
admissibility; computer, device and network forensics. viii. Signatures
b. Course Contents: ix. E-money, e-payments, m-payment
1. European Convention on Cybercrime, 2001 x. Taxation
2. Understanding of cybercrime xi. Online gambling
3. Legal issue related to cybercrime xii. Prominent legal issues in e-commerce
4. Procedural issues regarding Cybercrime
5. Investigation advancement c. Recommended Books:
6. International cooperation mechanism-traditional crimes i. Murray: Information Technology Law: The Law and Society 3ed
7. Cybercrime and digital investigations-challenges (OUP, 2016)
c. Recommended Books: ii. Edwards & Waelde (eds): Law and the Internet 3rd ed (Hart,
1. Ernesto U. Savona, Crime and Technology: New Frontiers for 2009)
Regulation, Law Enforcement and Research, Springer Science & Business iii. Hörnle: Cross-Border Internet Dispute Resolution (CUP, 2009)
Media, 2013 iv. Law of Electronic Commercial Transactions: Contemporary
2. Thomas J Holt, Adam M Bossler, Kathryn C Seigfried-Spellar, Issues in the EU, US and China (Routledge 2014)
Cybercrime and Digital Forensics: An Introduction, Routledge, 11-Feb-2015 v. Wang: Law of Electronic Commercial Transactions: Contemporary
3. Ian Walden, Computer Crimes and Digital Investigations, Oxford Issues in the EU, US and China (Routledge, 2010)
University Press, 2016 vi. E-Commerce Law Around The World: A Concise Handbook: A
4. Mohamed Chawki, Ashraf Darwish, Mohammad Ayoub Khan, Concise Handbook, Volume 1 Of E-Commerce Law Trilogy, Stephen Errol
Sapna Tyagi, Cybercrime, Digital Forensics and Jurisdiction, Springer, 2015 Blythe, Xlibris Corporation, 2011
5. Anthony Reyes, Richard Brittson, Kevin O'Shea, James Steele,
Cyber Crime Investigations: Bridging the Gaps Between Security Profes- Course Title: Media Law
sionals, Law Enforcement, and Prosecutors, Syngress, 2011
6. Joshua B. Hill, Nancy E. Marion, Introduction to Cybercrime: a. Course description
Computer Crimes, Laws, and Policing in the 21st Century: Computer The focus of this course is to develop an understanding within the students
Crimes, Laws, and Policing in the 21st Century, ABC-CLIO,2016 regarding the laws related to Mass Media, and latest technological and
communication laws. There are three regulators to govern media, primarily,
Course Title: E-Commerce Laws PEMRA with having limited jurisdiction over the content; secondly, PTA
controlling the access to the content, the then least active the Press
a. Course Description: Council of Pakistan. The students will be able to understand the role of
The course will examine the legal implications of forming and performing regulators the complaint and litigation procedures in the field of Mass
international sale contracts using electronic records and communications in Media through this course.
place of paper. While the formation of such contracts using electronic b. Course Contents
means is supported by a maturing legal framework, the law relating to the i. Freedom of expressions, Speech and Information
use of documents used regularly in the performance of such contracts, ii. Restrictions of Freedom of Expressions
including transport document such as bills of lading and sea waybills, as iii. Right to Information
well as insurance policies and certificates, is still firmly anchored to the iv. Pakistan Council of Press
paper world. Thus, eliminating paper is not as simple or straightforward as it v. Pakistan Electronic Media Regulatory Authority – I
might at first seem and this course will address attendant legal issues and vi. Trial of Offences
implications in depth. The course will also examine in detail common vii. Complaint Procedures
financial arrangements entered into by international traders for the purpose viii. Powers of Authority
of the buying and selling of goods across borders. ix. Modern Communications and Legal Implications
b. Course Contents x. Media Ethics and Code of Conduct & Censorship
i. An introduction to ecommerce: law, technology, and business xi. Implication of Contempt of Court
ii. The scope of ecommerce: jurisdiction via the internet xii. Broadcast Regulation
iii. Minimum contacts and the networked economy: personal xiii. Advertisement Regulations
jurisdiction in cyberspace xiv. Competition enforcement issues in Media
iv. Future concerns: a brief look at choice of law on the 'net xv. Protection of Journalists
v. Contracts and signatures xvi. Intellectual Property Issues in Media
vi. UNCITRAL and eu perspectives on electronic contracts
24
Legum Magister LL.M
Department of Legal Studies
c. Recommended Readings:
Primary Sources
1 The Constitution of Pakistan, 1973
2 Article 19, International Covenant on Human Rights.
3 Article 10, European Convention on Human Rights
4 Defamation Ordinance, 2002
5 The Prevention of Anti-National Activities Act 1974
6 The Cigarettes (Printing of Warning) Ordinance, 1979
7 Punjab Transparency and Right to Information Act, 2013
8 Right to Information Act, 2013
9 The Official Secret Act, 1923
10 Press Council of Pakistan Ordinance, 2002
11 The Pakistan Electronic Media Regulatory Authority (Councils of
Complaints) Rule, 2010
12 The Censorship of Films Rules, 1980
13 The Indecent Advertisements Prohibition Act, 1963
14 Pakistan Penal Code, 1860
15 Copyright Ordinance, 1962
16 Copyright Rules, 1967
17 The International Copyright Oder, 1968
Secondary Sources
25
International & Maritime Law LL.M
Department of Legal Studies
26
International & Maritime Law LL.M
Department of Legal Studies
27
International & Maritime Law LL.M
Department of Legal Studies
DEPARTMENT OF LAW
SCHEME OF STUDIES FOR LLM INTERNATIONAL AND MARITIME LAWS- 2 YEAR PROGRAM
SUBJECTS CREDITS
Compulsory Course 4 12
Elective/Compulsory 4 12
Thesis-I/Thesis-ll 1 6
TOTAL 9 30
SEMESTER-1
1 LLM-XXX Compulsory-I 3
2 LLM-XXX Compulsory-II 3
3 LLM-XXX Compulsory-III 3
4 LLM-XXX Compulsory-IV 3
SEMESTER-2
5 LLM-XXX Elective-I 3
6 LLM-XXX Elective-II 3
7 LLM-XXX Elective-III 3
8 LLM-XXX Elective-IV 3
SEMESTER-3
9 LLM-725 THESIS-I 3
SEMESTER-4
10 LLM-725 THESIS-II 3
28
International & Maritime Law LL.M
Department of Legal Studies
29
International & Maritime Law LL.M
Department of Legal Studies
30