COURSE DESCRIPTION

This module sets out the basic principle of international criminal law, elaborating on the specific crimes in their historical and contemporary context.

Introduce international criminal law to students, in particular the development of international criminal law. Enable understanding of the interplay between international criminal law and global politics.

LEARNING OUTCOMES

By the end of the course, students will be able to:

•  Determine the international theories on criminal responsibility of the subjects under international criminal justice.
  
•  At the end of the course a student has to be able to define the concept of international crime, analyse the historical back ground of international crimes, appreciate the nature and methods applied in combating international crimes.
  
• Understand the rights of the protected groups during the armed conflicts.
  
• Evaluate the basic issues involved in the implementation of international criminal justice.
  
• Analyse the individual grave breaches of international norms on the combating international crimes
  
•  Identify the institutions established for international criminal justice administration, their laws applicable, procedural issues as well as approaches.
  
• Evaluate the Implementation of international criminal justice administration at National Level.
  

COURSE CONTENT

• Introduction to international criminal law
• Sources of international criminal law
• Historical Development of International Criminal Law
• Crimes Tried by the ICC
  
• General Substantive Principles

COMPULSORY READING MATERIALS

• Alexander, Zahar, Goran & Sluiter (2007). International Criminal Law, A Critical Introduction. Oxford: Oxford University Press
• Cherif M. Bassiouni, International Criminal law, 2^nd ed (Ardsley, N.Y: Transnational Publishers 1998)
• Cassese (2003). International Criminal Law :Oxford university Press
• Cassese (2010) International Criminal LAW Cases and commentary (Oxford University Presso
• Genocide Convention 1948

OPTIONAL READING MATERIALS

• International Criminal Court Statute 1998 (Rome statute)
• McDonald and Sweak-Goldman (eds) (2000) Substantive and procedural Aspects of International Criminal  law(Kluwer)
• Nuremberg and Tokyo Tribunal Charters

COURSE DESCRIPTION

This course gives the scope and status and sources of labour law as applicable in the United Republic of Tanzania in particular and at common law at large as well as different legal theories and concepts underlying relating to labour law and labour relations. The course starts by exploring the development of labour law in Tanzania, were students will be exposed to a historical perspective as well as the current status of the labour laws in Tanzania.

The course will then provide students with important aspects and concepts in labor laws including the contract of employment, formation, obligation of parties, express and implied terms in labor contracts, termination and suspension of a contract and remedies for the breach. Other aspects like  statutes affecting employment terms in regards to formal requirements, wages, notice of termination, suspension, redundancy, hours of work, rest day and holidays, children and women in employment.

LEARNING OUTCOMES

By the end of the course, students will be able to:

• Develop their knowledge of the law relating to labour relations.
  
• Enhance their knowledge in labour concepts and labour principles such as, contract of services and contract of services, employer and employee relationships, rights and duties of employer and employee,
  
•  Enhance their intellectual, interpersonal and transferable skills as well as developing other skills including independent research, legal search and skills on solving labour disputes by applying well established rules of law
  
• Research, problem solving, and critical awareness of current Problems in respect to the labour relations; and labour law issues in general,
  

 COURSE CONTENT

Theoretical foundation of the labour laws and relations

•  Labour instruments (local and international) , employment contracts and contracts of employment, public services versus the private sector labour relations and systems
  
•  Fundamental rights and employment standards, redundancies, strikes, layoffs and discharge, workmen’s compensation; trade unions
  
• Collective bargaining, industrial disputes, actions and resolutions;
  
• Dispute settlement machinery
  
• Social security schemes and pensions.
  

COMPULSORY READING MATERIALS

• Alexander H Sarris Et Al, 1969, Economic Policy And Household Welfare During Crisis And Adjustment In Tanzania, New York University Press New York
  
• Arkadie Van Ben, 1969, Private Foreign Investment: Some Limitations, D.A Thomas (Ed) Private Enterprise And East Africa Company, Tanzania Publishing House, Dar Es Salaam.
  
•  Burnerjee R. N, (1963), Industrial wars and Industrial Relations in India, New age Publishers Private Ltd
  

OPTIONAL READING MATERIALS

•  Chorock K.C., 1944, The Welfare Of African Labourer In Tanganyika, Government Printer, Dar Es Salaam
  
• Dias C. Tanzania Nationalisation 1967 – 1970
  
• Edward and Mildred Marcus, Investment and Development Possibilities In Tropical Africa
  
• Nyalali F. L 1975, Aspects of industrial conflicts, EALB, Dar es Salaam.
  

COURSE DESCRIPTION

This course is divided broadly in to three parts. The first part opens with   general overview of subject matter of jurisprudence. This is followed by a substantial study on the origin of legal thought and its development, generally known as natural law theories during early societies, from communalism, slavery and feudalism. It explains what philosophers view law in that particular time. The second part is broadly covered by modern thought on law which happened after industrial revolution in Europe. Under this period the bourgeoisie class overthrown the feudal lords and took over the power and rejected Natural law and adopted positivism. In order to understand the legal concept of positivism, we begin with a study of sovereign as the law maker and command as an important aspect of positivism. This is followed by the revival of natural law towards the end of 18^th century and the Marxist Theories of law and state. Under this aspect, we will look at some of the foundation principles that all of those theories labeled Marxist share, and then will consider the distinctive Marxist contribution to the understanding of law. We will conclude the second part by studying Historical jurisprudence and its contribution to the understanding law.

The third part of the course seeks to understand how modern western law has developed and what has been distinctive about law in capitalist societies, in comparison with the law of earlier ages and other social system. This will cover sociological jurisprudence in continental Europe, American and Scandinavian Realism. The third part will be concluded by studying contemporary Critical jurisprudence that is Feminism and the critical Legal studies movement .under this aspect, the study seeks to understand the feminist jurisprudence as the output of women consciously positioning themselves as feminists seeking to represent their experiences, reflections and attempting to express the lived meaning of the feminine in a dominant masculine culture where law is clearly relied upon as a crucial regulatory and structuring instrument.

LEARNING OUTCOMES

By the end of the course, students will be able:

• To  acquire knowledge, skills and tools on the development, analysis and application of various philosophies and theories on law , in particular
  
• examine the theories, schools and the philosophies of Law
  
• Trace the  historical antecedent of the development of philosophy of laws, place and functions of law legal theory/philosophy
  
•  Analyse the trends in jurisprudence and contemporary theories and ideas on law so that they come out of the course as critical thinkers and analyst lawyer
  

 COURSE CONTENT

Emerging issues in jurisprudence, human rights jurisprudence

 Introduction to Philosophy With emphasis on the theory of knowledge and a theoretical evaluation of the method of social sciences; legal philosophy;

Concept of law

• Theories of interpretation and adjudication
  
• Theories of value (concept of justice)
  
• Major Schools of jurisprudence- natural law, positivism, historical and sociological jurisprudence, Marxist theory of state and law and law
  
• Contemporary legal theories critical legal studies
  
•  Jurimetrics; feminist jurisprudence
  
• Jurisprudence on the value and quality of life eg abortion and cloning       

COMPULSORY READING MATERIALS

• Conforth, M. (3 Vols: Dialectical Materialism, Historical Materialism and the Theory of Knowledge).
• Dworkin R. M., Taking Rights Seriously (Backworth 1997).
• Fuller, L. L. The Morality of Law (1963) et passim.
• Fundamentals of Marxists Leninist Philosophy, Progress Publishers, (Moscow, 1964) et passim.

    OPTIONAL READING MATERIALS

• Friedmann, W, Legal Theory, 5^th ed; Stevens and sons, 1967.
• Hart, H.L.A., The Concept of Law (Oxford: Clarendon Press, 1961)
• Id., The Prevince of Jurisprudence Determined (ed., H. L. A. Hart, Weidenfel & Nicholson, 1954).

COURSE DESCRIPTION

This course is designed to impart to law students the practice and modalities of prosecuting or defending a civil action from the time one thinks to go to court through to the final judgment. The course gives an overview of the civil process, including preliminary considerations before court action.

The course starts with a brief introduction of what is Civil Procedure, where applicable and Sources of Civil Procedure. Followed by modes of dispute settlement used in Tanzania in resolving civil disputes. And lastly, the course deals with civil litigation, which includes consideration before court action, commencement of civil litigation in court, parties to civil litigation, pleadings, discovery, motions, trial, appeals, enforcement of judgments, judicial review, administrative litigation and other variations. In this part, a critique of the trial process is examined in an examination of the traditional adversarial system and non-adversarial systems, and various forms of alternative dispute resolution within the adversarial context.

LEARNING OUTCOMES

The course is expected :

• To equip students with general understanding of the nature and practice of civil law and civil litigation. 
  
• To acquaint students with the rules of interpretation in civil procedure, i.e. no room for elasticity of interpretation thus no technical construction of provisions of the law, that the provision of the civil procedure code should be construed liberally and technical objections should not be allowed to defeat substantial justice
  
• To acquaint student with proper practice, procedure and preliminary considerations in conducting civil cases.
  
•  To enlighten students on the court’s jurisdiction with respect to civil matters.
  
• To equip students with skills necessary to draft court processes in civil cases.
  
• To enlighten students on the other modes of dispute settlements applied to civil litigation in Tanzania, their weaknesses and strength as against civil adversarial mode of dispute settlement
  

COURSE CONTENT

• Definition and sources of civil procedures.
  
• Modes of disputes settlement.
  
•  Civil litigation.
  
• Principles covering the application of civil procedures.
  
• The Civil Procedure Code; pre-hearing procedures.
  
•  Disposal of suits without trial; the hearing.
  
• Judgments and decrees; remedies where a party is dissatisfied by court decisions.
  
• Contemporary issues in civil procedure and litigation.
  

 COMPULSORY READING MATERIALS

• Chipeta B. D, Civil Procedure in Tanzania. A student’s manual
• Christopher R. Drahozal Commercial Arbitration: Cases And Problems
• David Crump, et al, Case And Materials On Civil Procedure