Master of Laws (LLM)

Faculty: Faculty of Security & Strategic Studies (FSSS)

Department: Department of Law

Program: Master of Laws (LLM)

Applied only for students, completed undergraduation from BUP.

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1st Semester

Objectives

  • At the conclusion of this course, students who have attended lectures, read the course materials and done the assignments properly should have a basic appreciation of the practice of law, and be prepared to interpret and evaluate critically constitutional events and issues from a comparative perspective. It is expected that the students will acquire an ability to recognize important, relevant considerations over real-life issues and situations dealing with civil liberties and economic-social right. Throughout the course, the students will discuss the principal themes of the readings, and, thereby, understand the nature of constitutional conversations about rights and liberties in some selected countries. Students will learn the basics of comparative constitutional law, its methodologies and its practice in different jurisdictions.

Outcomes

  • At the conclusion of this course, students who have attended lectures, read the course materials and done the assignments properly should have a basic appreciation of the practice of law, and be prepared to interpret and evaluate critically constitutional events and issues from a comparative perspective. Students will learn the basics of comparative constitutional law, its methodologies and its practice in different jurisdictions with special focus on USA, India and Bangladesh. Students will learn about typologies of constitutions, constitutional models and identities and the status of constitution in comparative context. It is expected that the students will acquire an ability to recognize important, relevant considerations over real-life issues and situations dealing with civil liberties and economic-social right. Throughout the course, the students will discuss the principal themes of the readings, and, thereby, understand the nature of constitutional conversations about rights and liberties in some selected countries.

References

  • 1. Oxford Handbook of Comparative Constitutional Law, Rosenfield and Saju, ed. Oxford University Press, 2013. 2. Comparative Constitutional law, Tom Ginsburg and Roslaind Dixon, ed., Edward Elger, USA, 2014 3. Comparative constitutional design, Ginsburg, Tom, Cambridge University Press, Cambridge, 2012. 4. What's wrong with the British constitution ?, McLean, Iain, Oxford University Press, 2012. 5. The changing constitution, Jowell, Jeffrey; Oliver, Dawn, Oxford University Press, New York, 2011. 6. The Oxford Handbook of the Indian Constitutional Law, Sujit Chowdhury, ed., Oxford University Press, 2016. 7. Government Publication: The Constitution of The People’s Republic of Bangladesh. 8. Bangladesh Gono Parishoder Bitarka 9. Mahmudul Islam: Constitutional Law of Bangladesh, Second Edition, Mullick Brothers, Dhaka, 2002. 10. H. M Seervai: Constitutional Law of India, Universal Book Traders, Delhi, 2002.

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Objectives

  • Law of International Organizations: Learning Objectives: At the end of this course, students should be proficient in the following subject areas and skills: being familiar with the historical development and the theoretical approaches related to international organisations law understanding the concept of international organisation, as well as those of the legal personality and legal capacities, under international and national law. - having knowledge of the global and regional systems - carrying out proper analysis on selected issues - performing legal research and writing in English in the area of international organisations law.

Outcomes

  • Outcomes of the Course

References

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Objectives

  • • Reinterpret contemporary events against the backdrop of human rights history, development theories on human rights and their efficacy. • Investigate the relationship between domestic legal systems and international human rights law • Recognize the legal framework of the United Nations and regional systems relating to the protection and promotion. • Identify the different categories of human rights such as civil political rights, economic, social & cultural rights, rights of minorities and indigenous peoples, women’s rights and the emerging field of environmental rights. • Discover the key human rights challenges by using the lenses of the eminent human rights scholars’ thinkers, writers and practitioners.

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2nd Semester

Objectives

  • Explore fundamental underpinnings of international refugee laws such as its various sources, institutional development.
  • Investigate global refugee crisis from an alternative vision and cater knowledge how it can be better managed
  • Recognize the legal framework of forced migration, statelessness and emerging new issues on the right based narratives of refugee law.
  • Identify the multiple core concept of refugee protection such as assessment granting refugee status to asylum seekers, principle of non-refoulment, third party resettlement, international burden sharing principles, climate induced displacement, internally displaced persons and their protection etc
  • Discover the key human rights challenges by using the lenses of the eminent human rights scholars’ thinkers, writers and practitioners for this most vulnerable refugees, migrants and stateless persons.

Outcomes

  • Demonstrate knowledge and awareness of the various sources, institutions and procedures in the field of international refugee law
  • Apply understandings about the rights and responsibilities of different actors in the contemporary international refugee regime, including host states, states of origin, donors, humanitarian agencies.
  • Engage in critical legal analysis of the practice of judicial and other institutions
  • Carry out independent research in the field of refugee law and policy using both library-based and electronic resources.
  • Critically appraise the theoretical debates in the field

References

  • GUY S. GOODWIN-GILL and JANE McADAM, The Refugee in International Law (Oxford University Press: 3rd ed. 2007)
  • Thomas Gammeltoft-Hansen, Access to Asylum: International Refugee Law and the Globalisation of Migration Control (Cambridge University Press, 2011)
  • B.S. Chimni (ed.), International Refugee Law: A Reader (Sage, 2000)

Objectives

  • The aim of the course is to develop an understanding of family law issues in globalizing world. Core areas of family law will be looked at in a comparative perspective. This course offers students the opportunity to study the principles and policies underlying Muslim family law and other personal laws, at a level which is not possible in an undergraduate family law course. A comparative approach is adopted for most topics and the increasingly relevant international dimension in family law is also explored. It is an aim of the course that family law should be seen in its wider social context and students are encouraged to make use of materials other than the traditional statutory and judicial materials. The course is sufficiently flexible to allow attention to be given to issues of immediate relevance or particular topical interest. In the course the underlying values and policies of the respective legal rules will be examined and it will be asked whether they still suit a modern (and ever changing) society. It will be shown that in virtually all areas of family law there is a struggle between autonomy and state paternalism and between regulating social change and effecting social change, and that it is far from clear what the role of law in this struggle could or should be. Muslim Family Law bears the imprints of the juristic interpretations of different schools of thought. The course will consult in appropriate cases the primary sources of Islamic law in order to ascertain the shari’a laws and will examine relevant legislations and case laws in the modern world. There will be a detailed discussion about the opinions of different sects and schools on some selected issues in order to determine whether the applicable laws are consistent with the broader perspectives of Islam. The course would suggest ways to make existing laws gender friendly through rightly guided judicial activism. In that respect, an incisive analysis of the measures, different states have taken to reshape certain areas of Islamic family law through legislation or through judicial activism, will be made. The course will analyze certain important issues, like marriage stipulations, maintenance, dower and its waiver, guardianship of children and preferential gift, in the light of modern international human rights law on gender equality, which is representative of a current wave of research on gender sensitive interpretation of Muslim Family Laws. In essence, the course will be a sustained study of advocacy in support of progressive interpretations of different Family Laws.

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Objectives

  • International and Bangladesh laws relating to intellectual property;
  • Policy issues surrounding the competing interests of creators, owners and the public
  • Rationales, issues and debates about intellectual property protection
  • Substantive issues of intellectual property topics (e.g. copyright, patents, trademarks, confidential information, designs and geographical indications); and
  • Legal problem solving, involving intellectual property based hypothetical situations.

Outcomes

  • - Compare the international intellectual property law system and national intellectual property law systems
  • Evaluate the various mechanisms and procedures for intellectual property rights enforcement;
  • Demonstrate advanced learning, understanding and critical thinking in intellectual property; and
  • Identify legal issues, apply legal reasoning and reach arguable conclusions in response to a broad range of events that reflect real life scenarios.

References

  • Abbot Cottier Gurry: International Intellectual Property in an Integrated World Economy, 2nd edition (2008), Aspen Publishers, New York, USA
  • V K Ahuja: Law relating to Intellectual Property Rights Lexis NexisButterworhts, London (2007)
  • R K Nagaranhan: Intellectual Property Law, Allahabad Law Agency, India (2006)
  • Craig Allen Nard: The Law of Patents, USA (2010)
  • Merges, Robert P.; Menell, Peter S.; Lemley, Mark A. (2007). Intellectual Property in the New Technological Age (4th rev. ed.). New York: Wolters Kluwer

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