This course examines the multilateral and regional legal regimes governing importation and exportation of goods across national borders. Key topics include: the history and institutions of the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO), accession to the WTO, dispute settlement under WTO rules, transparency and participation in the GATT-WTO system, regulation of import duties and non-tariff barriers, rules on customs classification and valuation. Key topics also include statutory forms of relief from unfair import competition (such as antidumping), and regional trade agreements (i.e., free trade agreements and customs unions), such as the Gulf Cooperation Council (?GCC?) and free trade agreements with the United States and European Union. This course involves intensive study of GATT-WTO legal texts, as well as regional trade agreements, plus jurisprudence (case law) from the WTO Appellate Body. The course also considers economic and policy rationales for and against trade liberation, and globalization generally. The course is taught in English.
This course covers the transactional aspect of the sale of goods across national boundaries. The focus is on private international business transactions, with three main parts: the sale of goods; the contract of carriage; and trade finance. Among the subjects covered regarding the sale of goods are contract drafting, documentary sales, commercial terms, electronic commerce, agency and distributorship, and contract performance. Attention is paid to INCOTERMS (promulgated by the International Chamber of Commerce), specifically, standard contract terms like FOB and CIF, and to the 1980 Vienna Convention on Contracts for the International Sale of Goods (?CISG?). With respect to the contract of carriages, topics including leading regimes for transport documentation, and insurance of goods in transit, such as the Hague-Visby and Hamburg Rules. As for trade finance, different arrangements for funding cross-border sales, such as bills of exchange and commercial and standby letters of credit, as well as applicable rules such as the Uniform Customs and Practices for Documentary Credits (?UCP?), are examined. Methods to guarantee payment, including sureties, promissory notes, and performance guarantees are discussed. Throughout the course, attention is paid to the risk and benefits associated with each type of contract of sale, carriage arrangements, and payment mechanism. Emphasis is also is placed on the different sources of international commercial law, including customs and practices and the law merchant. The course is taught in English.
This course examines the legal and economics aspects of international investment. Topics include the structure of investment, such as joint ventures, agencies, branches, franchises, and subsidiaries, and the financing of investment, that is, project finance (which encompasses structures for owning, developing, construction, buying, transferring, and pay for infrastructure and other projects). Significant attention is paid to the conduct of investors, as established by corporate codes of conduct and anti-corruption rules, and to special methods for attracting investment, exemplified y the Dubai International Financial Center (DIFC) and free zones such as Jebel Ali. Accordingly, salient features of free zones (such as tax benefits, technical standards, (permanent and temporary exit of goods, employment relations, customs supervision and control) are studied. Topics also include expropriation, and compensation formulae for expropriated assets, as well as national security implications of foreign investment. A general overview of tax issues (especially transfer pricing), and labor issues (particularly pertaining to hiring and treatment of expatriate workers), is provided. Among the legal documents studied are draft multilateral agreements on investment (MAIs), bilateral investment treaties (BITs), and sample private investor arrangements. The economic costs and benefits associated with investment from overseas, including the impact of such investment on income growth and local culture, are considered. Taught in English.
This course covers not only advanced aspects of the multilateral and regional legal regimes governing importation of goods, but also the legal frameworks relating to cross-border trade in services, and intellectual property protection. Thus, the course examines remedies against unfair foreign trade practices, especially countervailing duties to offset subsidies (both pre- and post- privatization), and remedies against fair foreign competition, namely general and special safeguards. The course further deals with trade remedies to protect intellectual property rights against infringement. Special economic sectors, such as agriculture and services, are examined in depth. Significant attention is paid to linkages, that is, issues linking trade and labor, trade and the environment, trade and human rights, and trade and culture. Such issues also include trade and national security, which encompasses export controls and sanctions. On e ach topic, economic and policy rationales are debated, with considerable attention given to perspectives of Islamic countries, developing and least developed countries, and special and differential treatment. This course involves intensive study of GATT-WTO legal texts, as well as regional trade agreements, plus jurisprudence (case law) from the WTO Appellate Body. Students taking this course and the International Trade Law course will have read all of the major GATT and WTO agreements, and several regional trade agreements. The course is taught in English.
This course studies litigation, arbitration, mediation, negotiation, and other methods for resolving disputes in international trade law. In addition to serving as alternatives to domestic courts systems, these processes play an increasingly prominent role in cross-border transactions in multilateral, regional, and bilateral contexts. This course includes exercises to develop skills such as interviewing, counseling, negotiation, and advocacy. Thus, with respect to negotiation, simulated trade negotiations may be drawn from multilateral trade talks (e.g., the Doha Round), or free trade agreement talks (e.g., the U.S.-UAE free trade agreement). Regarding arbitration, attention is paid to drafting arbitration agreements, the enforceability of arbitration agreements, selecting arbitrators, the arbitration hearing, and the enforceability of arbitration awards. Special emphasis is given to arbitration of international commercial disputes and the institutional rules under which such arbitrations proceed, including regimes established by the United Nations Commission on International Trade Law (UNCITRAL), the International Center for the Settlement of Investment Disputes (ICSID), and the International Chamber of Commerce (ICC). With respect to litigation, for example, simulations based on actual WTO cases may be constructed, with attention paid to issues of jurisdiction. The simulations may involve not only students, but also practitioners and other professors with specialized expertise in areas like intellectual property (IP), labor and the environment. To facilitate these simulations, and engage persons who may be unable to travel to the UAE, video-conferencing may be used. Thus, for example, students at the UAE university could engage in simulated negotiations on a free trade agreement with students from the University of Kansas. The course is taught in English.
This course deals with international financial capital transactions and regulation. It consists of two parts, private banking and securities markets, and official multilateral and regional lending institutions. Regarding banking markets, the course covers international banking topics, specifically, foreign exchange and payments (namely, electronic funds, or wire transfers). It also covers bank supervisory concerns, such as capital adequacy guidelines developed by the Basle Committee, and inbound and outbound bank regulation. With respect to securities markets, the course examines initial public offerings (IPOs) and secondary market trading, using examples from major and regional financial centers. Attention is paid to rules on offering securities across borders, and on participation of foreign investors in local stock markets. Thus, SEC Regulation S, Rule 144A placements, private placements, Eurobonds and other Euromarket transactions, are studied. The course also provides an overview of important derivative instruments, both on- and off-organized exchanges, such as forwards, futures, options, and swaps. Regarding official lending, the course examines the options of the World Bank, International Monetary Fund (IMF), and regional development banks such as the Islamic Development Bank (IDB). The Third World debt crisis ? both problems and prospects ? are debated. The criticisms of these organizations are articulated and evaluated. The course is taught in English.
This course introduces the major forms of intellectual property (IP), and substantive patent, trademark, and copyright law. It provides the doctrines, policies, and practices concerning this law, not only in prominent domestic legal systems such as the United States, European Union, and China, and in the Gulf region, but also in major multilateral conventions. Accordingly, the course covers the 1961 Rome International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1967 Paris Convention for the Protection of Industrial Property, 1971 Berne Convention for the Protection of Literary and Artistic Works, 1989 Washington Treaty on Intellectual Property in Respect of Integrated Circuits, and 1995 WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The course also covers provisions on IP contained in free trade agreements and customs unions. This course also examines leading contemporary issues in IP protections. Such issues include challenges posed to patent law by new technologies (e.g., biotechnology, pharmaceuticals, the Internet and nanotechnology), HIV/AIDS and other public health crises, and genetically modified organisms (GMOs). Regarding copyright law, such issues include challenges posed by categories of digital works such as software, databases containing factual and other public domain content, multi-media materials, computer generated, or assisted works, and audio recordings, containing digital sampling. Finally, the course deals with the protection of geographical indications, problems of enforcement, and perspectives of developing and least developed countries. The course is taught in English.
This course reviews the history, doctrine, texts, and role of Islamic law (Shari?ah) throughout the world. It begins with a survey of the life and times of the Prophet Mohammed (Peace Be Unto Him), background and birth of the Arab-Islamic Empire, the development and spread of Islam, the Moghul and Ottoman Empires, the Classical theory of Islamic law and sources of the Shari?ah (usul al fiqh), that is, Holy Qu?ran, sunna of the Prophet, analogical reasoning (qiyaas), and consensus (ijmaa), and the principal schools (madhhab) of Islamic law. Following this survey, the course focuses on Islamic legal topics relating to international trade. Specific coverage includes contract, business, and banking law. Issues of forbidden contracts, riba (excess, interest), gharrar (risk), and property protection are discussed in relation to obligations created by the World Trade Organizations (?WTO?) agreements and various free trade agreements and customs unions. The course is taught in English.
Students will be required to prepare at least two legal memoranda of modest length based on provided materials. These materials will include primary materials, such as statutes, treaties, and judicial decisions. They will also include secondary materials, such as treatises and journal articles. As a final requirement, students will have to research and write a memorandum of some length (2,000 ? 2,500 words) based on their own research on a presented problem.
The Masters thesis may be on any topic related to International Trade Law, broadly defined. The resulting thesis must be of a quality suitable for publication in English. It must be defended publicly and deposited in digital form in the Zayed Public Library.
This course aims at acquainting the student with the two major concepts; 'the Law' and the 'Rights'. The first concept of Law deals with the nature, necessity and the goals of the Law, and the properties of the Legal Rules. The study also includes the divisions of law, the temporal and spatial validity of law, and the interpretation of law. The Second concept of Right covers the nature, basis and types of Right; with special focus on the idea of the 'legal personality'. This entire course is aimed at providing the student with sufficient knowledge about the essential legal thoughts; so as to enable him to understand the different divisions of law. The course also provides the student, with elementary training on learning oral and written, legal skills.
This course deal with the legal concepts related to the Federal Consumer Protection Law No. (24) 2006. Topics to be covered in this course include: the definition of consumer, the fundamental rights of consumer, the obligations of the provider, and the liabilities of different parties involved in consumer contracts. The course contains also the study of consumer contracts and the rights of consumer such as the rights to be protected from unfair terms or misleading advertising. Further, it addresses obligations of the seller/supplier such as to comply with producers stipulated by the executive bylaw enacted under the 2006 Act above mentioned before the conclusion of the contract and after that and the legal liability of the supplier/ producer when breaching such obligations.
This course introduces students to the Voluntary and non-Voluntary sources of obligations in the light of the civil transactions Law in UAE. It particularly focuses on the basic conditions of contract, its validity, interpretation, and the consequences of its dissolution. It also includes the following topics: Unilateral will, unlawful acts, Unjustified Enrichment, and finally the law as a direct source of obligation.
This course deals with different methods of proof, both formal and substantive rules of evidence; writing, testimony, oath, declaration, presumptions, expertise and inspection. Furthermore, it deals with the evidential weight of electronic records and signatures in the light of Electronic Transactions Law.
This course covers the study of the Commercial Law, its evolution and historical background and its sources, with a special emphasis on the theory of project and kinds of commercial transactions. The course includes the concept of trader, his rights and obligations, kinds of commercial contracts, as sale by installment, sale by public auction, carriage of items and carriage of persons. It also covers Commercial Mortgage, Commercial Agency, Brokerage, Commission Agency, Commercial Representation, Securities Market, Business Premises and International Sales.
The course covers the study of commercial activities; their identification, the types and the importance of differentiating between them and civil activities. It deals with merchant and the conditions of acquiring the title of 'merchant'. It deals with the commercial companies; types, characteristics of each type and the securities issued by share-holding companies. It covers the commercial papers; like- Bill of Exchange and cheque. It also deals with all Banking operations like- bank deposits, accounts, letters of credit and various banking services, commercial contracts and e-contracts.
This course represents the students with the legal procedures applied before the UAE federal courts in the civil and commercial actions. It explains the structure of the court system in the UAE and courts jurisdictions. Furthermore, it explores in-depth the development of the dispute, from filing the lawsuit with the court's registrar through administering the hearings, recusal of the judge, suspension and termination of the action, to the rendition of the judgment and appeal. It also handles the relationship of the Public Prosecution with the court system and its role in civil actions.
This course provides an overview of national and international legislation regulating employment. It covers a wide range of topics, including concept of an employment contract, as well as its types and their enforcement; the employee’s rights in wage and leave; the employee’s right in end of employment compensation and other rights upon end of employment; the right of UAE nationals in contribution to pension fund; the employee’s obligations toward the employer: and settlement of employment disputes.
This course examines the effects of obligations, and the ways of protecting the rights of the creditor. It also concentrates on the descriptions of the obligation: the condition, the term, variety of objects of obligation, alternative and elective obligations, positive and negative joint liability. The course covers the transfer of obligation: assignment of right and assignment of debt. Finally, it deals with the discharge of the obligation: by performance, performance and subrogation, renovation, and the lapse of time limitation without performance.
This course aims to introduce students to the concept of comparative law, the benefits of undertaking comparative law studies, borrowing from one legal system to another, and modernization of Arab & Islamic legal systems. It focuses on some applications of comparative law, particularly those relevant to private law, i.e. civil law, commercial law and maritime law. These include a study of the concept of law, the concept of right, the concept of property, the concept of contract, the concept of lease, the concept of waqf, the concept of insurance, the concept of liability, the concept of corporation, the concept of partnership, the concept of commercial transactions, and the concept of maritime law. These concepts will be studied in detail, and the study will be in the form of a comparison between UAE law and English law. These topics will be covered in detail according to the time allocated, as stated below.
This course covers the following topics: Nature and elements of a company; Requirements for company formation; General Partnership; Simple limited partnership; Joint participation; Public joint stock company; Joint stock closed company; Limited liability company; Dissolution and Liquidation of the company.
This course introduces the legal framework for Arbitration, its main types, nature and characteristics. Topics include: the composition of the arbitral tribunal; forms and substance of an arbitration agreement; qualifications, jurisdictions and responsibilities of arbitrators; the arbitral procedures, the challenge, recognition and enforcement of arbitral awards.
This course deals with the legal and regulatory framework applicable to the Securities markets in UAE. Topics include: the main types of securities and their characteristics, the conditions and legal requirements for their issuance, clearing settlement, and trading; the rules of speculation in the financial markets, the operation of the Securities and Commodities Authority. Emphasis is also placed on the conditions of brokerage companies and the liability of brokers.
This course introduces the students to the Law of Compulsory Execution of Judgement. It covers all legal aspects that follow the rendition of the judgement. This includes the study of the compulsory execution of the judgment based on its core pillars, i.e. the Writ of Execution and the Judge of Execution. In addition, it covers the subject of Summary Execution, along the methods of execution, its procedures and disputes; until ending with the Allocation of the Execution Proceeds.
The Private international law course involves the study of the applicable law in private international relations; civil, commercial and personal status relations; the conditions of court jurisdictions in disputes involving foreign subjects and the applicable procedural law in this respect and the execution of foreign judgments.
This course discusses the following topics: aircraft registration, legal status of aircraft and the crew, leasing, purchasing, mortgaging and insuring of the aircraft. Carriage by air. This course examines as well the relevant international agreements that regulate Civil Aviation.
The course is designed to study the contracts of sale, lease and construction in terms of their formation, effects (obligations of both parties), and termination. It deals also with the different relationships in the construction industry and the nature of electronic sale contracts and real estate contracts on maps. Finally, this course analyses the relevant rules of UAE law relating to such contracts.
This course contains the study of various commercial papers, like; the bill of exchange; the promissory note and the cheque. It also covers various aspects of banking operations such as terms deposits, current accounts, documentary credits, letters of credit and bank loans.
This course deals with original real rights based on a definition of real rights and their characteristics, and a definition of the right of ownership, its elements, scope, and the legal restrictions pertaining to it. Furthermore, this course explores the jointly held property and its division, family property and its rules, and the common ownership and its rules. It also shed light on the different causes of acquiring property, and the reasons for the termination of ownership. Finally, the course addresses the rules of credit guarantees and the legal regulation relating to mortgages and the rights to privilege.
This course is designed to provide students with the fundamental aspects of Intellectual property rights under UAE law and international agreements. It covers topics of copyrights, trademarks, geographical indications, Patents, industrial designs, lay-out design of integrated circuits, and the protection of plant varieties. The course focuses on both national and international legal rules governing intellectual property.
The course includes a deep study of one subject of the Civil Transactions law, such as one type of responsibility (contractual or tort) or one of the important and practical civil contracts, such as a construction contract.
This course aims at studying the definition of these contracts, their characteristics and features, their rules, and the effects resulting from them.
When traders sell or buy goods or commodities on the international markets, the transaction is composed not of one but of several contracts: the goods are sold under a contract of sale, transported under a contract of carriage, insured under a policy of insurance and frequently financed through a letter of credit. The purpose of this course is to examine the regulation of each of these contracts in UAE law, and applicable international law and standards, focusing in particular on the practical problems which arise when the various contracts do not mesh together. This Course also includes: The United Nations Convention on Contracts for the International Sale of Goods, and the United Nations convention on the Limitation Period in the International sale of Goods.
The object of the course is to study methods of resolving disputes other than by adjudication in courts. The course will include the definition of arbitration, the differences between arbitration and conciliation, the differences between national and international arbitration, arbitration agreement, arbitration procedures, applicable law, arbitration award, arbitration award enforcement, invalidity of arbitration award.
The course includes banking operations such as banking deposits and accounts, credits, commercial papers operations, safe rental and other operations, with focus on operations related to the role of the banks in financing economic projects. Some of these subjects will be deeply studied from an Islamic perspective and compared with positive law.
The Masters thesis may be on any topic related to Private Law, broadly defined. The resulting thesis must be of a quality suitable for publication in English. It must be defended publicly and deposited in digital form in the Zayed Public Library.
This course examines the multilateral and regional legal regimes governing importation and exportation of goods across national borders. Key topics include the history and institutions of the General Agreement on Tariffs and Trade (GATT) and World Trade Organization (WTO), accession to the WTO, dispute settlement under WTO rules, transparency and participation in the GATT-WTO system, regulation of import duties and non-tariff barriers, rules on customs classification and valuation.
The course includes an introduction to the legal concept of e-commerce, its importance, its spread, problems of evidence, special nature of contracting through internet, protection of the internet consumer.
This course includes studying the applicability of foreign laws before national courts. It provides solutions for conflict of laws in various contexts, such as personal status matters and civil transactions. This study is based on the UAE legal system with respect to the recognition of the foreign awards and compared with the related Islamic rules.
This course covers notions of free economic zones, free zones founding conditions, arranging and founding of the free zone, changes of the free zones, free zones user, conditions and procedures on tax benefit, free zone activities (import and export of goods from the free zone, temporary exit of goods from the free zone, standards, technical and quality norms and prices), application of regulations, agreements and employment relations, treatment of goods, customs supervision and control in the free zone, termination of the operating of the free zone and of the user.
The course includes a thorough study of a selected subject from among the subjects of the Civil Procedures Law, such as joining a third party before the court of first instance, appeal and cassation. The method of study is an analytical one where the student explore the subject through comparing between the implemented rules and the Sharia (Islamic Law).
This course covers one of the advanced topics in insurance contracts, such as insured damages, conditions of compensation in obligatory insurance or potential right in insurance contract.
The course includes following subjects: Patents, Trade marks, Copyright, Industrial Property, Commercial Property, the impact of GATT & TRIPS Agreements and the Islamic position towards them.
This course offers an in-depth study into one of the topics relating to civil law. It concentrates on the legal issues and problems from a practical and comparative perspective, and evaluates the legal recognition of the current civil contracts by addressing the main areas of strength or weakness in this regard and determining what the law ought to be in order to strike a balance between the different interests of the parties involved. Topics to be covered include: Duty to achieve a specific result; Duty of best efforts; personal guarantees and insurances in kind;. the liability arising from personal acts, the liability arising from the acts of others, Professional responsibility, compensation for moral damage, Joint ownership, insurance again liability, and so forth.
This course discuss one of the topics relating to Commercial Law according to its importance. It offers an in-depth study into one of the topics relating to commercial law. It concentrates on the legal issues and problems from a practical and comparative perspective, and evaluates the legal recognition of the current commercial contracts by addressing the main areas of strength or weakness in this regard and determining what the law ought to be in order to strike a balance between the different interests of the parties involved. Topics to be covered include: the theory of the merchant, the commercial activities, the banking operations, commercial competition, electronic commerce, and so forth.
This course shall examine deeply the process for advancing claims in the civil law context. It is essentially a course that will provide students with the framework for commencing a proceeding the civil court and/or responding to a claim that has been advanced. It will focus on examining the Rules of Civil Procedure, which will be augmented with a discussion of case law and how the rules have been interpreted.This course is based on writing researches and discussing issues relating to the rules governing the litigation process according to the UAE and Comparative laws. Topics in this course may include: judicial jurisdiction, parties to civil litigation, the theory of dispute, Judgment and the elements of reasoning, the defenses theory, the theory of appeal, and the effects of judicial decisions.
This course deals with the main provisions governing commercial companies in UAE, with special emphasis on the current areas of strength or weakness relating to the legal framework for doing business in UAE. Furthermore, this course sheds light on the legal recognition of free zones in the State and the role of the relevant institutions in attracting investments. By encouraging students to conduct presentations; discuss recent issues relating to companies and investment in the State, produce written work and collaborate with peers on set tasks or projects, this course will develop the ability of PhD students to delineate and evaluate issues, think analytically, select relevant materials and produce reasoned arguments encompassing policy, existing practice and knowledge.
This course explores the legal regulation of real-estate transactions in the UAE by requiring students to present their own arguments, provide comments on the main judicial decisions, examine specific real estate contracts, and then present a written work on current real estate problems. This course also compares the local real-estate legislation followed in the United Arab Emirates with other legislation in some countries, and determines what the law ought to be in order to create a suitable and transparent investment climate that protects the rights of all involved parties. By doing so, this course provides a comparative perspective on real estate legal issues, and enhances the students’ ability of analyzing and reasoning using statutes, court rules and judicial opinions.
This course deals deeply with selected topics of Private International Law such as: the international jurisdiction of the courts, the applicable law to the disputes that contain a foreign element, the enforcement of foreign judgments, conflict of laws, and the disputes of nationality. Furthermore, this course focuses on the practical matters and integrates comparative and international perspectives on most issues. It also provides students with the required skills to construct research questions, and develop argumentation relating to the problems associated with the application of private international law rules with regard to jurisdiction, recognition of foreign judgments, and other topics of discussion.
This course deeply examines the legal and regulatory framework applicable to the Securities markets in UAE. Students in this course will be encouraged to evaluate, research, and analyze the various aspects of securities regulation studied. Students will also be required to provide comments on the current practices and judicial decisions in this regard. Topics include: the main types of securities and the conditions and legal requirements for their issuance and trading; the rules of speculation in the financial markets, the liability of brokers and the mechanisms of investor protection; insider trading and stock market manipulation. Emphasis is also placed on the role of the Securities and Commodities Authority in controling the financial market.
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