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Legal Career

Nepal Judiciary proposes Examination of Lawyers for Judges Positions

The Judicial Council (JC) on Monday endorsed a bill that will, if passed by the parliament, replace the existing Judicial Act-1991, making room for lawyers to be judges of District Courts. The bill will be sent to the Ministry of Law and Justice and finally to the parliament. Since the Interim Constitution has a provision of appointing lawyers as district judges, amendment to the Act was necessary, Minister for Law and Justice Brijesh Gupta, also a JC member, said emerging from Monday’s JC meeting. He informed that a 21-day public notice will be issued for those wishing to apply for district and appellate court judges. More at: http://www.ekantipur.com/2012/03/06/capital/jc-bill-to-augment–lawyers-career/350061.html

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“नेपालको श्रम समस्या कर्पोरेट संस्कृतिको बाधक हो” ~ डिल्लीराज भट्ट, कानुन व्यवसायी, अमेरिका

“एनआरएनले लगानी गरेनन् भनेर गुनासो गर्नेले एकपटक यहाँको कर्पोरेट संस्कृति कस्तो छ भनेर गम्भीर भएर सोच्नुपर्छ ।” अमेरिकाको न्युयोर्कमा ‘ल फर्म’ सञ्चालन गरिरहेका भट्ट राज्यले आधारभूत कर्पोरेट व्यवस्थामात्र बसाउन सक्ने हो भने ठूलो लगानी भित्रिनेमा कुनै शंका नभएको तर्क गर्छन् …
नेपाल अहिले विश्वमै सबैभन्दा बढी लगानीका लागि प्रचुर सम्भावना भएको मुलुक हो । यो यर्थाथलाई सबैले ध्यान दिनुपर्छ । यो अवसरलाई सदुपयोग गर्न राज्यले कानुनी व्यवस्था गर्नुपर्छ, जुन व्यावहारिक र लगानीकर्ताको हितमा हुनुपर्छ । जब लगानीकर्ता सुरक्षित भएर धेरैभन्दा धेरै लगानी गर्छन्, तब बढीभन्दा बढी उत्पादन हुन्छ । त्यसपछि आफैं उपभोक्ताका अधिकार सुनिश्चित हुन्छन् ।
More at: http://www.karobardaily.com/news/11286#.TqMk5qviZpk.facebook

बेलायतमा नेपालीले वकालत गर्न पाउने

लन्डन, भाद्र १८ – नेपालमा कानुन व्यवसायको अधिकार पाएकाले अब बेलायतमा समेत वकालत गर्न पाउने भएका छन् । बेलायत नेपाल जस्तो विकासोन्मुख राष्ट्रलाई वकालत गर्न बल्ल कानुनी मान्यता दिएको ‘सोलिसिटर रेगुलेसन अथोरिटी’ ले जनाएको छ ।

नेपालसहित अब एसियाबाट ‘क्वालिफाइड लयर्स ट्रान्सफर टेस्ट’ परीक्षामा सामेल हुन हङकङ, जापान, मलेसिया, सिंगापुर र चीनका कानुन व्यवसायीले मान्यता पाउने छन् । यो सूचीमा भारत, पाकिस्तान, श्रीलंका, बंगलादेशका कानुन व्यवसायी भने परेका छैनन् । विशेष गरी सम्पत्तिसम्बन्धी, देवानी, आचारसंहिता, लेखासम्बन्धी र कमन ल सम्बन्धी कानुनको परीक्षामा उत्तीर्णपश्चात् सीधै सोलिसिटर हुने प्रावधान छ ।

बेलायतमा कार्यरत नेपाली कानुन व्यवसायीको संगठन ‘बि्रटेन नेपाल लयर्स एसोसिएसन’ ले बेलायतको ल सोसाइटी र सोलिसिटर रेगुलेसन अथोरिटीसँग समन्वय राखी नेपालीलाई समेत अन्य राष्ट्रका कानुन व्यवसायीसरह मान्यता दिन पहल गर्दै आएको थियो । विशेष गरी एसोसिएसनका अध्यक्ष सोलिसिटर राजु थापा, संरक्षक प्राध्यापक सूर्य सुवेदी, उपाध्यक्ष देवेन्द्र श्रेष्ठ र महासचिव योगप्रसाद उपाध्यायको संयुक्त पहलमा नेपाललाई पनि अन्य राष्ट्रसरह ‘क्वालिफाइड लयर्स ट्रान्सफर टेस्ट’ को परीक्षामा समावेश गराउन निवेदन दिइएको थियो ।

‘यो हाम्रा लागि सुखद समाचार हो, यसले बेलायतमा अन्य नेपाली कानुन व्यवसायीलाई समेत सोलिसिटर बन्न ढोका खोलिदिएको छ,’ एसोसिएसन अध्यक्ष थापाले कान्तिपुरसँग भने, ‘यसबाट नेपाल राष्ट्रले समेत स्वणर्ीम अध्याय थपेको छ ।’

उनले बेलायतमा नेपालका कानुन व्यवसायीलाई अध्ययन गरी सोलिसिटर बन्न कम्तीमा ५ वर्ष र करिब ३० हजार पाउन्ड जुटाउन लाग्ने झन्झट पनि अब हट्ने बताए ।

एसोसिएसनका संरक्षक अन्तर्राष्ट्रिय कानुनविद् प्राध्यापक सुवेदीले नेपाली कानुन व्यवसायीले बेलायतजस्तो विकसित मुलुकमा आएर ‘क्वालिफाइड लयर्स ट्रान्सफर टेस्ट’ दिन पाउनु ठूलो उपलब्धि भएको बताए । बेलायतमा एक लाख हाराहारी नेपाली भए पनि अहिले एकमात्र सोलिसिटर राजु थापा कार्यरत छन् ।

http://www.ekantipur.com/np/2067/5/18/full-news/317261/

University of Baltimore School of Law Master of Laws program in the Law of the United States (LL.M. LOTUS)

University of Baltimore School of Law Master of Laws program in the Law of the United States (LL.M. LOTUS) expresses its interest in admitting Nepali Lawyers and Law Graduates for its successful nine-month degree program designed for law graduates who earned their first degree in law outside the U.S.  and seek to become familiar with American law and the legal system.  Students educated in 26 countries from across the globe have graduated from the program.  LL.M. LOTUS alumni have become members of the New York, District of Columbia and Maryland bars and are employed in a variety of legal practice, business and government settings.  Lawyers educated outside the U.S. who are interested in becoming familiar with the U.S. legal system, please note that the School of Law is now accepting applications for admission to the 2010-11 LL.M. LOTUS program.  The LL.M. LOTUS “U.S. Practice” track provides the students 26 credits of bar-tested courses, an education requirement of the D.C. bar for lawyers educated outside the U.S.  The School of Law provides a robust week-long orientation, excellent education with academic support services, and career services after graduation.  Detailed information about it is posted on http://www.law.ubalt.edu/lotus.

Please contact Jane E. Schukoske, Director, Master of Laws Program in the Law of the United States at (410) 837-6761 or at jschukoske@ubalt.edu if you have any questions.

Issued in Public Interest and per requested for dissemination by University of Baltimore.

ANLUS welcomes Yog. P Upadhyay, Ph.D. (BNLA) as a member

ANLUS heartly welcomes Yog. P Upadhyay, Ph.D. (BNLA) as a member pursuant to his desire of affiliation with us.

Y.Upadhyay, Ph.D is not practicing at the moment but is involved in teaching and research in the UK universities, is mainly based at Sheffield Institute for Biotechnological Law and Ethics (SIBLE) which is an interdisciplinary research centre within the school of Law, University of Sheffield, Sheffield, UK. He is constantly working towards getting the Nepalese Law Practice License recognized in the UK.

Biography:

Yog Upadhyay Ph.D, Sheffield Institute for Biotechnological law and Ethics (SIBLE) School of Law, University of Sheffield, Y.Upadhyay@sheffield.ac.uk is working in various issues in relation to law and biotechnology with special focus on legal and moral philosophy. He has worked as a Research Associate, Sheffield Institute for Biotechnological Law and Ethics (SIBLE), School of Law, The University of Sheffield in EU FP6 project “Co-Extra”, investigating Legal, Ethical and regulatory issues on the co-existence of GM and Non-GM food within supply chains in EU ; EU FP6 project “FASTER”, investigating Intellectual property and conflict of laws issues in the trade/use of intellectual property through a network of networks and project PRIVIREAL (EU FP5 project investigating privacy and data protection under EU directive in the beginning of 2004).

He also served as a Post Graduate Tutor, School of Law, The University of Sheffield where he taught Understanding Law I and II (Includes basic teaching on Legal theory, Law of Contract, Equity and Tort) for the first year undergraduate Students through Seminar and colloquia and also delivered some seminars for LL.M intellectual Property (Covering international regime on Intellectual property and its relation to new technology specially TRIPS and its impact on new technology and some ethical considerations in last academic year) in addition to “MA in Biotechnological law and Ethics (MABLE)” through seminars and discussion groups with various other involvement in the MABLE, modules on “healthcare law and ethics”, Law of Contract, Sale of Goods, Company Law, Agency etc. on ACCA and BBS, Representation and Protection of the interest of Least Developed Countries in WTO” with Prof. Marise Cremona and Dr. Laukas A. Mistelis.

He has also been involved in teaching some seminar on “Post Graduate Diploma in International Commercial Arbitration”, served as a Court Member in ICC, International Court of Arbitration and practiced as an associate Advocate at Prof. Dhruba Bar Singh Thapa & Associates, Legal Research Associates and Lohani & Associates. Additionally he was a lecturer of commercial law at Apex College and Chartered Academics International.

He completed Ph.D from, School of Law, University of Sheffield, UK on North-South Conflict on Plant intellectual property Rights, LL.M (Commercial Law) and BL from Tribhuvan University, Nepal.

Some of his scholarly works include Liability under Bio-safety protocol, Business Law: Present and Emerging Trends, ‘Negotiating liability Under Biosafety Protocol’, Biodiversity Management and Food Sovereignty: Implementation Challenges for South Asia (2009), Biodiversity protection in the new constitution of Nepal (2009), Liability and Redress under Article 27 of Bio-safety protocol: Some options., Genomics, Society and Policy, Conflict of laws and Intellectual Property, Sui Generis System for protection of plant : Some options for least developed countries, Nature of WTO Dispute Settlement: Is it judicial?, Arbitration for Farmers,  Right to Die : Moral and Ethical aspects of assisted Suicide, Conflict of laws and policy issues in Intellectual property , Legal regime on Coexistence of Genetically Modified and Non-Modified Food, Legal Aspect of Creating International Financial Services Centre in Nepal, Judicial Discretion in Nepal: Principle and Practice, Dispute Settlement Mechanism of WTO and Least Developed Countries, Arbitration in Nepal,  Issues of Liability under Biosafety protocol, Protecting Traditional Knowledge under Multilateral Framework, North-South Conflict in Agriculture Bioethics and Liability and redress issues in the use of GM Crops: European legal regime.

He is affiliated with Nepal Bar Association, Nepal Bar Council, IUCN Commission on Environmental Law and special commission on Indigenous people, Small Claim Arbitration Group, ICC, International Court of Arbitration, Paris France and International Chamber of Commerce, Nepal National Committee.

Call for Papers – Law and Conflict Resolution

The Journal of Law and Conflict Resolution (JLCR) is a multidisciplinary peer-reviewed journal published monthly by Academic Journals (http://www.academicjournals.org/JLCR). JLCR is dedicated to increasing the depth of the subject across disciplines with the ultimate aim of expanding knowledge of the subject.

Call for Papers

JLCR will cover all areas of the subject. The journal welcomes the submission of manuscripts that meet the general criteria of significance and scientific excellence, and will publish:

  • Original articles in basic and applied research
  • Case studies
  • Critical reviews, surveys, opinions, commentaries and essays

We invite you to submit your manuscript(s) to jlcr@acadjourn.org for publication in the monthly issue. Our objective is to inform authors of the decision on their manuscript(s) within four weeks of submission. Following acceptance, a paper will normally be published in the next issue. Instruction for authors and other details are available on our website; http://www.academicjournals.org/JLCR/Instruction.htm

JLCR is an Open Access Journal

One key request of researchers across the world is unrestricted access to research publications. Open access gives a worldwide audience larger than that of any subscription-based journal and thus increases the visibility and impact of published works. It also enhances indexing, retrieval power and eliminates the need for permissions to reproduce and distribute content. JLCR is fully committed to the Open Access Initiative and will provide free access to all articles as soon as they are published.

Best regards,

Imonivwerha Ochuko,

Editorial Assistant

For

Dr.Ovunda Vincent Christopher Okene,

Editor,

Journal of Law and Conflict Resolution

E-mail: submit.jlcr@gmail.com , manuscripts.jlcr, submits.jlcr@gmail.com,

www.academicjournals.org/JLCR

ISSN 2006-9804

(Shared for public interest based on an email received from the journal. Jurists are highly encouraged to participate.)

***ANLUS heartily welcomes new members***

ANLUS heartily welcomes the following law practitioners and law students who have expressed their interest in becoming member:

Mr. Shamvu Kumar Karki, Boulder, CO (720)341-8019 (shamvuji@gmail.com). Mr. Karki completed LL.M in Human Rights and Gender Justice from Kathmandu School of Law (2007) with dissertation on Application of International Humanitarian Law in Nepalese Armed Conflict (Special Reference with Arbitrary Arrest and Detention, Disappearance and Killings). He has a Bachelor of Law (B.L.) from Prithvi Narayan Campus, Pokhara, Tribhuvan University (2002) and an Intermediate of Law (1998).  He has also attended seminars such as International Human Rights and Humanitarian Law,; Socio-economic Rights and Good Governance; 3rd South Asian Solidarity for Rivers Peoples Forum, and Fair trial & development skills of using international human rights law in domestic situation.He worked for Advocacy Forum, Water and Energy Users’ Federation Nepal (WAFED) and Education Sector Advisory Team (ESAT). He is interested in working in the field based work and give direct benefit those people who are living in grassroots level, Human rights, Child rights field and advocacy and challenging opportunity to combine with multidisciplinary skills of right based works, human rights.

Pralad Bhattarai (bpralad@yahoo.com) is an Attorney from Nepal. He is currently in NYC working as a Research Intern in Asian American Legal Defense and Education Fund (AALDEF) Manhattan, NYC. He completed Bachelor in Laws (Five-Year LLB) in International Human Rights Law, Public International Law and International Humanitarian Law from Kathmandu School of Law (KSL), Nepal in 2008. He has participated in various conferences including the Consultative Conference on International Criminal Justice, Harvard University; 2007 Phillip C Jessup International Law Moot Court Competition, arguing before the International Court of Justice in The Case Concerning the Rotian Union; Second South Asian Henry Dunant Memorial Moot Court Competition; adjudged the “Best Memorial” and awarded with the Gold Medal; presented the paper titled “Protection of the Rights of Victims in International Criminal Justice System: Redress Mechanisms” in The Edict Conference, on the “Criminal Justice Delivery System in the Age of Globalization”; participated in the Asian Youth Conference titled “Challenges and Opportunities for Youth of Asia” organized by Young Liberals and Democrats of Asia; participated in the “Youth Seminar: Towards a Free and Responsible Society” organized by Youth Initiative Nepal, and participated in the “Fourth Human Rights Summer School Course on Human Rights and Globalization”. He is currently a Research Intern at the Asian American Legal Defense and Education Fund (AALDEF), Manhattan NY City, USA and is currently engaged in language rights of immigrant students in California and Bilingual School Teachers Case in Massachusetts projects.  He has also worked for the Judges’ Society Nepal; edited a Journal named “Nyaya Chautari”; been a liaison person between my office and The International Legal Foundation; researcher and a Rapporteur in the development of “Women and Children (Victim/Witness) Protection Guidelines” a joint venture of Judges’ Society, Nepal and National Judicial Academy Nepal; worked as a researcher during internship placement in International Committee of the Red Cross (ICRC) Nepal to name a few. He has written a LLB dissertation on “Addressing impunity in Nepal, requiring ratification of the Rome Statute of International Criminal Court: Problems and Prospects” and published number of articles in Law School Journal namely on Human Rights, Constitutionalism, and Transitional Justice etc.

Advocate Kabita Pokhrel (730) 314-8738 (kabpokhrel@gmail.com)is currently pursuing MBA studies in International Business Management in the US. She has practiced law at Law and Society Counseling and Research Center in Kathmandu, Nepal. She has moderated 3 days workshop on Child Rights in different district, organized by Central Child Welfare Board; conducting ‘Market Analysis for the Expansion of Rugmark Program’, Nepal Rugmark Foundation; worked as a Legal Research Officer with UNICEF’s Global Study on Child Poverty and Disparities, as a consultant for project review of NaLAN’s Prisoners’ Legal Aid and Paralegal Service project ; conducted Series of Human Right Training in different Districts, Nepal Bar Association; facilitated 4 days workshop on Principle of Federalism, organized by ICJ Nepal; oriented medical professionals of Star Hospital Pvt Ltd on” Legal and ethical issues in hospital management”; conducted School awareness program on child right, trafficking child abuse in different District organized by World Mobilization; Legal Research Officer Freedom Forum; prepared   Child right, Human Trafficking, CEDAW based documentation for different organizations; translated and done Rapporting on Public Security Reform in Nepal organized by Nepal Bar Association in collaboration with Enabling State Program Nepal. She also worked as a Program Officer (Legal) for The Daywalka Foundation (TDF), an INGO working for the prevention of human Trafficking especially of Women and Children. She has also conducted various workshops and Trainings ion the field of law. In addition she has also assisted in compilation and editing of the book named “Collection of Supreme Courts Verdict on Human Trafficking” published by TDF, Nepal, as well as on research project ‘A Study on Male Trafficker Prisoners’ conducted by TDF, Nepal. She worked as a Part time Lecturer with Lord Buddha Education Foundation teaching Business Law, Entrepreneurship Development, and Human Resource Management for B.Com.,BBA and MBA. Likewise she worked as a Volunteer Legal Officer with Legal Aid and Consultancy Center (LACC) and as a Lecturer with Marryland Higher Secondary School. She has a Masters in Law from Nepal Law Campus (2008), Masters in Business Studies from Central Management Department (2006), Bachelor in Law from Nepal Law Campus (2004) and a Bachelor in Business Studies from National Campus for Business Studies (2001)

Advocate Ganesh Shrestha, Pennsylvania (571) 236-3910 completed his Intermediate and Bachelor in Law from Nepal Law Campus, Tribhuwan University and a LLM from Purwaanchal University, Kathmandu School of Law (Criminal law and Justice). He has been in the legal profession since 1999. His expertise is in Criminal law and Forensic Science.

Advocate Basundhara Thapa Magar (UK) has been in legal practice in Nepal for almost 12 years. She has a LLM degree in Criminal Law from Kathmandu School of Law (2008) and is currently in the United Kingdom.

Advocate Bidur Dhungana is also currently in the US since July 2009.

Advocate Biswo Jit Khadka, Washington DC, completed Bachelor of Laws (LL.B) from Purbanchal University, Kathmandu School of Law (2009). He has conducted a one month research on ‘role of electronic media (on Televisions) in strengthening democracy and peace process in Nepal”; research on ‘Socio-economic, political situation and rights of marginalized communities’ in Far Eastern part (Ilam, Jhapa, Udaypur districts); ‘Advocacy and awareness program for active participation in Constituent assembly election’ for marginalized community in western Nepal (Banke and Bardia); observer in Constituent Assembly election for Bhaktapur district through election commission Nepal; conducted research on ‘crime trends and ratio in Kathmandu valley, after 2005/2006 people’s movement in Nepal’; supervised LL.B. students for research on ‘crime trends in Kathmandu valley and interned and researched in “Clinical legal education program” at Kathmandu School of Law under the USAID project. He is also a member of world society of victimology, an active member of Law Student society, Kathmandu school of Law, ‘Student Lawyer’ on Clinical legal education program at Kathmandu School of law on support of USAID; general member of International law student Association (ILSA) and  American Society of International Law (ASIL).

Advocate Dhani Ram Sapkota (201) 779-6394 is currently in Jersey City, NJ. He completed his LL.M. from Nepal Law Campus in 2001 and a Masters of Arts in Human Rights from Bangkok in 2008.

Ms. Amrita Chiluwal, Franklin Pierce Law Center, J.D. 2011, is a Nepali law student in the US looking to network with other Nepali lawyers.

Ms. Shrishti Kharel, undergrad South Dakota State University, Brookings, SD will be joining Law school for JD in 2010. She wants to network with Nepali Women Attorneys and Law Students in the US.

James Ugbogu is a young Nigerian Lawyer based in Nigeria, interested in becoming a member of ANLUS.

Melissa Upreti, Senior Regional Manager and Legal Adviser for Asia

Melissa Upreti is Senior Regional Manager and Legal Adviser for Asia in the International Legal Program. She is coordinator and main editor of two of the Center’s signature publications, Women of the World, South Asia, and Women of the World, East and Southeast Asia. She led a fact-finding mission to investigate women imprisoned for abortion in Nepal and is coauthor of Abortion in Nepal: Women Imprisoned. She has designed and conducted human rights trainings in India, Nepal, and the Philippines and is involved in reproductive rights litigation projects in those countries. More recently, she was instrumental in securing the constitutional recognition of reproductive rights in Nepal and has been involved in efforts to promote the use of the Optional Protocol to CEDAW in the region. Prior to joining the Center in 2000, she was a Program Officer at the Asia Foundation in Nepal. She has a LLB from India and received her Master of Laws from the Columbia University School of Law, where she was a Stone Scholar.

Britain Nepal Lawyers Association 1st Meeting

Britain Nepal Lawyers Association 1st Meeting was recently held in UK under the coordination of Prof. Surya Subedi.

Britain Nepal Lawyers Association 1st meeting was held 0n 4th January 2009 at Darjeeling Inn Restaurat, Southhall United Kingdom. 21 Nepalese Lawyers including Prof. Dr. Surya Subedi attended the meeting. The 1st meeting was mainly focused on choosing name, making preamble and membership development of the organization. Next meeting will be held on April 26, 2009.

Reported by: Advocate Nabin Poudel, LLM – ( International Criminal Law (University of Sussex 2007)

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