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The
following outlines of course content are correct at the time of
writing,
although the material (or the order in which it is covered) may be
subject to
change.
1. All courses are 3
credit
hours each, unless otherwise indicated.
2. Normally, a
course will not
be run without a minimum enrolment of students.
This course considers the
basic
principles of Law and how Law works in society. It focuses on laws that
have a
practical impact on most people’s everyday lives; and it aims to
provide an
understanding of the legal rights and obligations that are applicable
to common
problems and issues.
This course aims to
enlighten Law
students and others about the basic principles of Cambodian law,
including the
institution of monarchy, together with the legislative, executive and
constitutional
council institutions and the role of the judiciary.
This
considers theories regarding good faith and force majeure or
change of situation,
and mistakes in expression of intent; real rights, including
comparisons of
real property transaction contracts (legal issues relating to mortgage
and real
property mortgage right, system for real property registration); and
legal
issues relating to marriage and succession (e.g. research on marriage
agreements, legal issues in relation to acting mothers).
This considers the three
regimes
that regulate one of the fundamental aspects of our society; the
employer-employee relationship in Cambodia today; and the historical,
economic
and sociological forces underlying these regimes. The course emphasizes
the
status of the parties, the nature of the employment relationship, the
scope of
management rights, prohibited discriminatory practices in the
workplace, and
the bases and modes of redress for discipline and dismissal from
employment.
This course has been
developed for
experienced personnel involved with the acquisition process. The course
provides the participants with the legal and regulatory requirements
for
Government contracts, and reviews the legislative directions and
guidance, as
well as, decisions and precedent-setting cases. The course is based on
actual
legislation and the contract clauses that have been subject to scrutiny
and
interpretation by the courts.
Analysis of the legal
principles
regulated the rights and responsibilities of the members of the family.
Areas
covered include constitutional power, marriage, marriage contracts,
child
neglect and abuse, custody and access, guardianship, adoption,
separation,
divorce, nullity, spousal and child maintenance, matrimonial property.
Stress
is placed on the process of family law and an examination of an
appropriate
role for lawyers and judges in relation to family law and domestic
violence
problem.
This is becoming
increasingly
important as Cambodia’s economy develops. For example, foreign business
people
will engage in trade with Cambodia only if they are confident that
their
investment will be protected by a well-developed rule of law; and
Cambodians
need to be aware of the relevant legislation in order to negotiate with
these
foreigners. This course considers business law not only from the
perspective of
the legal traditions of Cambodia (arising from four sources:
traditional/customary Cambodian law; laws from the Kingdom of Cambodia;
law
passed by the state of Cambodia; and UNTAC law), but also those of
other
states. Thus, it draw attention to the largely uncontrollable social
and
cultural forces influencing international environments today, and thus
the
changes that have taken place in the overseas business arena.
This course examines the
traditional general issues in the substantive criminal law, including
the
purposes of punishment, the requirements of act and mental state,
complicity,
causation, justification, and excuse. It stresses the difficulty of
converting
moral judgments of blameworthiness and psychological questions about
deterrence
into coherent positive law; and the relationship between statutory
criminal law
and its common law and normative bases.
LAW211:
Public International Law
This looks
at the history of international law and how theories of international
law have
evolved. Various aspects are considered, including theories on the law
of
treaties and international treaties; the theory and practice of
recognition and
succession in international law, international human rights law and its
evolution; the Law of the Sea, and of air-space and outer space;
diplomatic and
consular law; law and international organizations, including the United
Nation;
and the resolution of international disputes, including analyses of
judgment on
cases by the United Nations International Court.
This course deals with
law and
litigation connected with the public bureaucracy at all levels:
commune,
district, municipal and state. An examination of the nature and
development of
the Cambodian administrative process include the making of the rules
and
regulations; policy directives and other internal government controls;
and
judicial review of decisions and rules of public authorities including
procedural fairness, review of scope and correctness of decisions,
remedies,
and implications of the right and freedom.
LAW315:
International Trade and Policy
This looks at the main
international trade organization-for example, the World Trade
Organization
(WTO), international Monetary Fund (IMF), World Bank (WB) - and their
role in
the global trade arena. Not only the structure, functions, membership
etc, will
be considered; but also the attendant legal problems involved in
international
trade and business.
This course has a view to
provide
students with the main forms of intellectual property including
patents,
trademarks, copyright and other related rights. Students will have an
opportunity to debate on the issue of whether or not intellectual
property
rights should be maintained in the case of Cambodia and the domino
effects of
protection of intellectual property rights in the world.
LAW411:
Land Management and Urban Law
This is a complex field
because it is not covered by any one
body of law. Students will learn how to find and apply the relevant
laws, to
identify and analyze emerging trends, and to reach development and
conservation
objectives through alternative approaches. This is a bouillabaisse
course –
strong on the importance of planning, zoning, and subdivision
regulations, with
hints of other flavors, including sustainable development, the new
urbanization, smart growth, growth management, historic preservation
and
others.
LAW412:
Advanced Administrative Law
This course will provide
an overview of an examination of
the nature and development of the Cambodian administrative process,
including
the making of the rules and regulations; policy directives and other
internal
government controls; and judicial review of decisions and rules of
public
authorities including procedural fairness, review of scope and
correctness of
decisions, remedies, and implications of the rights and freedoms.
The basic understanding
of Civil
Procedure focuses on the purpose of Civil Action, the obligations of
court, the
obligations of parties, the court’s jurisdiction, the structure of
courts, the
capacity to be party, the capacity to litigate costs, and the security
under
litigation. The proceeding at the court of first instance, the
appellate court
and the Supreme Court including filing a lawsuit, arguments, rule of
evidence,
interruption and suspension of litigation, judgment and execution are
also
introduced.
The course covers the
legal
principles relating to the banker-customer relationship, banking and
other
financial services provided by banks, including secured lending,
banking
ability and investment advice and services, the operation of bank
accounts,
security.
LAW416:
Criminal Procedure
and Special Criminal Law
Criminal conduct and the
law’s
treatment of it is examined for a limited range of criminal offences.
The
designation of human conduct as criminal and a consideration of the
social,
political and culture forces involved; the development of selected laws
and the
criminal process in Cambodia, and its embodiment into the criminal
code; the
substantive elements of a criminal offence including both physical and
mental
elements; procedural, tactical, ethical and evidential problems
associated with
criminal prosecution at both the pre-trial and trial stages; the
sentencing
process; and the position at law of the victim.
This considers the
protection, and
its limits that international law has set to diplomacy (defined as the
conduct
of relations between states and other entities with standing in world
politics
by official agents and by peaceful means) and its actors. This module
also
covers the specific diplomatic law rules and various cases that have
played an
important role in the development of diplomacy. Special attention is
given to
the effects the recent changes in the international arena have had on
diplomatic law and the various topical issues that have arisen in
recent years.
LAW418: Private
International Law
This course begins with
the
definition of private international law, its sources, its nature,
general
theory of law conflict, analysis of evidence base, schools concerning
the
theory of conflict of jurisdiction and types of the latter. The course
also
tackles the general theory of nationality in terms of its definition,
its
types, reasons for obtaining and losing it.
This course is to equip
students
with a basic understanding of public service including how government
official
is recruited and resigned from public function, accomplishment of work
by civil
servant in public function. The basic understanding of the differences
of the
work in private sector and public sector and the rights and public
institutions
of civil savants are exposed.
This considers the ideas
which
underpin the concept of universal human rights, their potential scope
(e.g. the
unborn, minorities, animals), and their implications-for example, the
need to
reconcile situations where the rights of different individuals are at
odds, or
other is a contradiction between different rights.
LAW421:
Research Writing (6 credits)
Students are required to
work
under the close supervision of a legal research and writing instructor,
learning the techniques of legal library research, writing legal
memoranda,
drafting documents, preparing a brief, and arguing orally before a
judge.
LAW430: Advanced
International Law
This
course provide students with
the understanding of the formation and evolution of international
institutions,
and their significance for global governance and the developing word in
the
areas of trade, investment, environment and development. The issue of
how to
get states to cooperate to their mutual benefit, despite the incentives
to
cheat, will also be addressed.
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DISCLAIMER: THE UNIVERSITY OF CAMBODIA RESERVES THE RIGHT TO MAKE CHANGES TO THESE CATALOGS AS IT SEES FIT, SO THAT WE HAVE THE NECESSARY FLEXIBILITY IN AN EVER-EVOLVING WORLD. |
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Last modifiedApril 29, 2007 18:00
© University of Cambodia, 2007