MASTER OF INTERNATIONAL LAW (LL.M.)

7M04201 – Master of International Law, LL.M. – 71 ECTS to complete

Ministry of Science and Higher Education (MSHE) Graduate Degree Curriculum Categories	Credits	Mandatory MSHE ECTS Allocation
Program Foundation required courses	9	15
Program Foundation elective courses	3	5
Program Specialization required courses	9	15
Program Specialization elective courses	9	15
Experimental Research work	6	13
Final Attestation	3	8
TOTAL	39	71

INTERNATIONAL COMMERCIAL LAW TRACK:

Program Foundation required courses 

	ALL of the following:	Credits	ECTS
LAW5201 or LAW 5202	Legal Method, Skills and Reasoning (Professional English) or Methods of Legal Argument (Professional English)	3	5
LAW5204	Commercial Law and Management	3	5
LAW5206	International Commercial Arbitration and Psychology	3	5
	TOTAL	9	15

Program Foundation elective courses

	ONE of the following:	Credits	ECTS
LAW5203	Public International Law	3	5
LAW5711	Comparative Legal Systems	3	5
LAW5810	International Anti-Corruption Law	3	5
LAW5811	Global Competition Law	3	5
LAW5802	International Tax Law	3	5
	TOTAL	3	5

Program Specialization required courses

	ALL of the following:	Credits	ECTS
LAW5205	Private International Law	3	5
LAW5213	Law of Treaties	3	5
LAW5803	International Investment Law and Practice	3	5
	TOTAL	9	15

Program Specialization elective courses

(Courses from the Human Rights Law track may be substituted with prior approval)

	THREE of the following, not taken above:	Credits	ECTS
LAW5212	Information Technology Law	3	5
LAW5703	Business Litigation Practicum	3	5
LAW5704	Law of Energy and Natural Resources	3	5
LAW5705	Intellectual Property Law	3	5
LAW5706	International Banking Law	3	5
LAW5707	Commercial Arbitration Practicum	3	5
LAW5711	Comparative Legal Systems	3	5
LAW5710	Eurasian Economic Union Law	3	5
LAW5801	Corporate Finance	3	5
LAW5802	International Tax Law	3	5
LAW5804	Mergers and Acquisitions	3	5
LAW5809	Law of the WTO	3	5
LAW5810	International Anti-Corruption Law	3	5
LAW5811	Global Competition Law	3	5
LAW5299	Selected Graduate Topics in Law	3	5
	Total	9	15

Experimental Research Work

	ALL of the following:	Credits	ECTS	Prerequisites
LAW5924	Research Apprenticeship and Internship	2	5	Completion of at least 15 credits
LAW5989	Experimental Research for the Thesis	4	8	Completion of at least 15 credits
	Total	6	13

Final attestation

	ALL of the following:	Credits	ECTS	Prerequisites
LAW5991	Thesis Defense	3	8	Completion of all program requirements but Defense
	Total	3	8

Students must comply with School of Law Thesis Guidelines in writing and defending their theses.

Example Degree Plan (Commercial Law track)

The following table is illustrative and may vary.

1ST YEAR	SEMESTER I	Credits	ECTS
LAW5201	Legal Method, Skills and Reasoning (Professional English)	3	5
LAW5204	Commercial Law and Management	3	5
LAW5206	International Commercial Arbitration and Psychology	3	5
LAW5xxx	Program Foundation Elective course	3	5
LAW5205	Private International Law	3	5
LAW5213	Law of Treaties	3	5
	Total	18	30

 

1ST YEAR	SEMESTER II	Credits	ECTS
LAW803	International Investment Law and Practice	3	5
LAW5xxx	Program Specialization Elective course	3	5
LAW5xxx	Program Specialization Elective course	3	5
LAW5xxx	Program Specialization Elective course	3	5
LAW5924	Research Apprenticeship and Internship	2	5
LAW5989	Experimental Research for the Thesis	4	8
	Total	18	33

 

1ST YEAR	SUMMER I SEMESTER	Credits	ECTS
LAW5991	Thesis Defense	3	8
	Total	3	8

INTERNATIONAL HUMAN RIGHTS LAW TRACK:

Program Foundation required courses

	ALL of the following:	Credits	ECTS
LAW5201 or LAW5202	Legal Method, Skills and Reasoning (Professional English) OR Methods of Legal Argument (Professional English)	3	5
LAW5214	Human Rights Law and International Business Management	3	5
LAW515	Human Rights Law and Psychology in States of Emergency	3	5
	Total	9	15

Program Foundation Elective courses

	ONE of the following:	Credits	ECTS
LAW5210	International Criminal Law and Procedure	3	5
LAW5711	Comparative Legal Systems	3	5
LAW5810	International Anti-Corruption Law	3	5
	Total	3	5

Program Specialization required courses

	ALL of the following:	Credits	ECTS
LAW5203	Public International Law	3	5
LAW5213	Law of Treaties	3	5
LAW5216	Human Rights Law and Practice in Kazakhstan	3	5
	TOTAL	9	15

Program Specialization Elective Courses

(Courses from the Commercial Law track may be substituted with prior approval)

	THREE of the following, not taken above	Credits	ECTS
LAW5—	Human Rights Law of Migration and Human Trafficking	3	5
LAW5—	Human Rights Violations as International Crimes	3	5
LAW5711	Comparative Legal Systems	3	5
LAW5210	International Criminal Law and Procedure	3	5
LAW5—	Public International Procedures and Practice	3	5
LAW5710	Eurasian Economic Union Law	3	5
LAW5—	Law of International Organizations	3	5
LAW5—	International Conflict and Security Law	3	5
LAW5810	International Anti-Corruption Law	3	5
LAW5299	Selected Graduate Topics in Law	3	5
	Total	9	15

Experimental Research Work

	ALL of the following:	Credits	ECTS	Prerequisites
LAW5924	Research Apprenticeship and Internship	2	5	Completion of at least 15 credits
LAW5989	Experimental Research for the Thesis	4	8	Completion of at least 15 credits
	Total	6	13

Final attestation

	ALL of the following:	Credits	ECTS	Prerequisites
LAW5991	Thesis Defense	3	8	Completion of all program requirements but Defense
	Total	3	8

Students must comply with School of Law Thesis Guidelines in writing and defending their theses.

Example Degree Plan (Human Rights Law Track)

The following table is illustrative and may vary.

1ST YEAR	SEMESTER I	Credits	ECTS
LAW5201	Legal Methods, Skills and Reasoning (Professional English)	3	5
LAW5214	Human Rights Law and International Business Management	3	5
LAW5215	Human Rights and Psychology in States of Emergency	3	5
LAW5xxx	Program Foundation Elective course	3	5
LAW5203	Public International Law	3	5
LAW5213	Law of Treaties	3	5
	TOTAL	18	30

 

1ST YEAR	SEMESTER II	Credits	ECTS
LAW5216	Human Rights Law and Practice in Kazakhstan	3	5
LAW5xxx	Program Specialization Elective course	3	5
LAW5xxx	Program Specialization Elective course	3	5
LAW5xxx	Program Specialization Elective course	3	5
LAW5924	Research Apprenticeship and Internship	2	5
LAW5989	Experimental Research for the Thesis	4	8
	TOTAL	18	33

 

1ST YEAR	SUMMER I SEMESTER	Credits	ECTS
LAW5991	Thesis Defense	3	8
	Total	3	8

 

FOUNDATIONAL COURSE WORK

Students with an undergraduate degree other than in Law (except for KIMEP graduates from other colleges with an applicable Minor in Legal Studies) must complete or have completed courses in English equivalent to the applicable KIMEP minor:

 

	Legal Studies Minor in public law (Human Rights Law track)	Credits	20 ECTS	Undergraduate Prerequisite (Co-requisite for LL.M. students)
LAW1101	Theory of State and Law	3	5	None
LAW1001	Introduction to the Legal System of Kazakhstan and Lawyering	3	5	Theory of State and Law
LAW2106	Criminal Law of Kazakhstan- General Part	3	5	Introduction to the Legal System of Kazakhstan and Lawyering
LAW2107	Criminal Law of Kazakhstan- Special Part	3	5	Criminal Law of Kazakhstan- General Part

 

	Legal Studies Minor in private law (Commercial Law track)	Credits	20 ECTS	Undergraduate Prerequisite (Co-requisite for LL.M. students)
LAW1101	Theory of State and Law	3	5	None
LAW1001	Introduction to the Legal System of Kazakhstan and Lawyering	3	5	Theory of State and Law
LAW2108	Civil Law of Kazakhstan- General Part	3	5	Introduction to the Legal System of Kazakhstan and Lawyering
LAW2109	Civil Law of Kazakhstan- Special Part	3	5	Civil Law of Kazakhstan- General Part

 

LAW SCHOOL GRADUATE COURSES

LAW5201 Legal Method, Skills and Reasoning (Professional English) (3 credits)

Prerequisites: None

Certain skills are required for the successful study of law. This course teaches those skills: Methods of Study, Use of Language, Critical Thinking, Legal Text Interpretation, Legal Research and Writing, and Architecture of Argument. The course uses legislation, case reports, and research assignments to achieve its multiple objectives. Writing about the law and learning the art of advocacy are taught through solutions of practical problems. This course must be taken during the first semester in which a student enrolls in the LL.M. program.

This course may also serve as a Professional English Language course. It will introduce students to the methodology of reading legal text: extending from Treaties, constitutions, legislation and cases. It also provides an overview of the structure and hierarchical form of most domestic legal systems and their relation to international law and organizations. The course also covers the basic techniques of legal research, writing and analysis. Students learn briefcases, perhaps synthesize cases from related fields, and write legal documents as opinions memoranda or thesis related essays. The course is based on solving and analyzing legal questions taken from different disciplines.

LAW5202 Methods of Legal Argument (3 credits)

Prerequisites: None

This course primarily is a course in Logic modified for legal study. It covers the following subjects of logic: (1) Basic Logical Concepts, (2) Analyzing Arguments, (3) Language and Definitions, (4) Fallacies, (5) Categorical Propositions, (6) Analogical Reasoning, and (7) Probability. The objective is to teach students how to identify arguments from other types of statements, such as explanations, to distinguish between correct and incorrect reasoning, and to deconstruct legal texts and judicial opinions. Practical and inductive reasoning are emphasized as these are the tools of the lawyer. The course also advances the proposition that: Law is not logic, but a system of authority. The facade of stylized reasoning is pierced.

This course may also serve as a Professional English Language course. It will introduce students to the methodology of reading legal text: extending from Treaties, constitutions, legislation and cases. It also provides an overview of the structure and hierarchical form of most domestic legal systems and their relation to international law and organizations. The course also covers the basic techniques of legal research, writing and analysis. Students learn briefcases, perhaps synthesize cases from related fields, and write legal documents as opinions memoranda or thesis related essays. The course is based on solving and analyzing legal questions taken from different disciplines.

This course should be taken during the first semester in which a student enrolls in the LL.M. program.

LAW5203 Public International Law (3 credits)

Prerequisites: None

Public International Law is the system of law that governs the international community; thus the aim of the course is to provide a framework to understand the normative dimensions of international relations. The course introduces students to the fundamental principles and doctrines of public international law as a meaningful tool for providing order to world politics and for minimizing global conflict. The course reflects the breadth and diversity of international law by covering all main branches, including: sources; the subjects and international institutions; the law of treaties; peaceful settlement of international disputes; the use of force; territory; human rights; diplomatic and consular law and international economic law. A problem-oriented approach to various case studies is used in both lectures and discussions.

LAW5204 International Commercial Law (3 credits)

Prerequisites: None

This course examines the law governing transnational commercial transactions between private parties. Since the Convention on the International Sale of Goods (CISG) is one of the most successful instruments unifying international commercial law, it is studied in depth. An introduction to the English law of international sales is also provided, in view of its common application worldwide. Course coverage also includes commercial terms of the sales agreement (Incoterms 2010), shipping contracts, insurance, financing arrangements (e.g., Documentary Credits, Standby Guarantees), and customs documentation. The laws of transport operators, including multi-modal transport, are examined, as well as any applicable treaties. Freight forwarders, mandatory carrier regimes, and the respective liabilities of the parties involved in international transport are identified. The second portion of this course examines expansion of business through: export/import, licensing and franchising, and specialized modes of foreign direct investment.

LAW5205 Private International Law (3 credits)

Prerequisites: None

Private International Law is the set of legal rules that determine the jurisdiction, the applicable substantive law, as well as the recognition and enforcement of judgments in cross-border relations among individuals and legal persons. This course will mainly focus on Private International Law rules applicable to transnational business transactions. Preliminary matters such as renvoi, characterization, and historical principles guiding forum selection and applicable law are covered. There is no uniform “international convention” in this field accepting the Hague Conventions dealing with the Service Abroad of judicial and extrajudicial documents in civil matters and the Taking of Evidence Abroad in civil and commercial matters. Several “dead” Hague conventions may be examined to facilitate an understanding of the aims of unification of rules. Since there are similarities among the rules found in several jurisdictions, this course covers the subject matter from a comparative perspective. The Private International Law rules of the United States, the European Union, and the Republic of Kazakhstan serve as the foundation for the study of Private International Law principles. The CIS Treaties governing enforcement of arbitral awards within the member States are identified and discussed. Pertinent provisions of the Customs Union Agreement are tracked during the course.

LAW5206 International Commercial Arbitration (3 credits)

Prerequisites: None

International Commercial Arbitration [ICA] has already turned into the preferred means of dispute resolution in international business. ICA allows parties to overcome cultural, legal, and geographical differences by appointing a private tribunal to hear and resolve a dispute in a final and efficient manner. However, the key advantage of ICA compared to litigation in domestic courts is that arbitral awards of ICA are enforceable in 144 states. This makes ICA an extremely important subject for every legal practitioner or businessman dealing with international transactions. This course will have a very practical focus. Apart from the general theory of ICA, we will focus on the practices of Kazakhstani courts with respect to enforcement of arbitral awards, we will discuss common grounds of appeal, the appeal procedure, enforcement practices, the ways of interaction between arbitral tribunals and domestic courts, and many other aspects.

LAW5207 Psychology for Lawyers (2 credits)

Prerequisites: None

The psychology part will provide a brief overview regarding the application of positive psychology to work settings and the psychological influences on the development and behavior of managers and organizational leaders. Increasingly business leaders are realizing that an understanding of psychology helps them unlock the potential of the “human capital”. Topics include: follower influences, nature vs. nurture in the development of leaders, relationship of personality to leadership style, behavioral decision- making biases, tactical, operational, and strategic decision-making, group think, and scenario planning and the retention and development of individual talent, and the selective departure of talent.

LAW5208 Management for Lawyers (1 credit)

Prerequisites: None

The management part will provide you with an engaging and accessible introduction to the disciplines of business and management. The course introduces you to key arguments and debates that form the study of business and management. The course enables you to become knowledgeable and sensitive to the complexity of modern business organizations, both domestic and international. This course will introduce students to the ethical climate that underpins sound management.

LAW5210 International Criminal Law (3 credits)

After the Second World War, but especially since the 1990s – that is, after the establishment of the International Criminal Tribunals for the Former Yugoslavia and Rwanda – international criminal law (ICL) is gaining in significance. States’ cooperation in penal matters, whose function consists in the prevention and repression of the most serious crimes of international concern, is developing in bilateral and multilateral formats. In conjunction with the key concepts of the law of international security, international humanitarian law and international human rights law, this course includes lectures, seminars and practical exercises, and covers the substantive issues of international criminal law – that is, jurisdiction, the general part of ICL, crimes under international law (genocide, crimes against humanity, war crimes and the crime of aggression) – and the fundamentals of international criminal procedure, including the operation of the International Criminal Court. The implementation of ICL in the CIS countries and selected common law and civil law jurisdictions is also covered. The course is closely related with the practice of international relations and law.

LAW5211 Law of the European Union (3 credits)

The Member States of the European Union adopted the Lisbon Treaty in December 2009. The Treaty endows the EU with legal personality, and the EU will replace the EC

[European Community]. The Lisbon Treaty contains provisions virtually identical to the failed European Constitution and consists of two Treaties: The Treaty on European

Union and the Treaty on the Functioning of the European Union. The Lisbon Treaty has reconstructed the architecture of the EU, its institutions, and field of competences between the Member States and Community Institutions. Through lectures, seminars and practical exercises, this course studies the new constitutional order of the EU and covers the most important substantive areas of EU law such as Free Movement of Workers, The Right of Establishment, Freedom to Provide Services, and Free Movement of Capital. These core rights developed over decades through decisions of the ECJ, Community Regulations and Directives, and supplementary concepts such as free movement of goods and EU Citizenship. The development of the EU from a Customs Union to a sui generis political structure, with its own currency, may inform developments that take place in the Customs Union formed by Russia, Kazakhstan, and Belorussia. The course is closely related with the practice of international relations and law.

LAW5212 Information Technology Law (3 credits)

This is a survey course introducing students to the field of Information Technology (IT) Law. The course begins by introducing students to the concept and problems of internet governance. Who controls the internet? What is net neutrality and do we need it? Do we need special rules to govern the internet? The course will then explore a number of connected legal topics such as online data protection and freedom of expression. A second module will tackle issues related to e-commerce and the internet giants. Finally, the course will explore the legal aspects of the sharing economy, of blockchains and of the use of artificial intelligence. As information technologies operate across jurisdictions, the course will consider domestic (Kazakh), regional (EAEU), and international (especially EU and US) regulatory responses to the advancement of these technologies.

LAW5299 Selected Graduate Topics in Law (3 credits)

Prerequisites: None

This course provides further study into various areas of law. Topics covered will vary from semester to semester depending on expertise and interests of instructors and students’ particular needs and strengths. This course may be repeated for credit if the topics are different.

LAW5701 Company Law of Kazakhstan (3 credits)

Prerequisites: None

This course examines business organizations, applicable legal rules, and best practices from a comparative perspective. The company law of the State of Delaware, United Kingdom, the European Union, and the Republic of Kazakhstan serve to explore common principles pervading the object of company law across multiple legal systems. All business forms – ranging from proprietorship to the Joint Stock Company – are delineated, purposes explained, and liability consequences discussed. Tax advantages and disadvantages of each business organization are identified, though not examined in depth. The course identifies the duties and liabilities of officers and directors under laws of the legal systems identified. It also investigates the various theories of company law: Coases’ Theory of the Firm, Easterbrook’s Economic Structure of Corporate Law, and Company Law as a Matrix of Financial Data. Discussions of publicly listed companies include disclosure, management requirements, trading restrictions, proxy contests, and insider trading.

LAW5702 Tax Law of Kazakhstan (3 credits)

Prerequisites: None

Tax law is one of the most important legal courses for any successful lawyer-since taxation is present in almost every aspect of professional and business life. This course introduces students to the fundamental principles of taxation both from the theoretical and practical perspective. Specifically, students will explore the key sources of tax law in Kazakhstan – Tax Treaties, Tax Code, Transfer Pricing Legislation, relevant administrative guidance and instructions, including the most important tax returns, but will also familiarize themselves with the important case law. The course covers elements of taxes, basic rules of tax calculations for major taxes (corporate and personal income tax, value added tax, subsurface use taxation, excise and customs regime, special tax regimes) and the importance of tax considerations for business decisions and tax planning. It also focuses on the rights of taxpayer and tax authorities, rules related to tax (de-) registration, tax control procedures, tax dispute resolutions, administrative and procedural tax rules, appeal procedures at tax administration and court levels. Students should also explore and distinguish between tax evasion and tax avoidance, understand the key anti-avoidance provisions and also study the relationship of Ethics and Tax Planning

LAW5703 Business Litigation Practicum (3 credits)

Prerequisites: None

This class gives students an opportunity to participate in real-life experience complex business litigation. In this simulation class, students will draft claims, answers, replies, motions, appeals, causation appeals, and Supreme Court petitions under the Kazakh rules of procedure. The class is based on an actual rich and complex case study drawn from practice. The Practicum is intended to cover all four levels of the current Kazakh court system: the trial court, the appellate court, the causation panel, and the Supreme Court. After drafting the relevant court documents, students will act as the attorneys and participate in scheduled trial and appellate hearings before lawyers and faculty members serving as judges. In this course students will not only develop their writing and oral advocacy skills, but will also learn the substantive law involved in the case and the rules of procedure in civil practice. The course may be conducted in the Russian and English languages or both. For example, trial court level proceedings (both the written documents and the actual hearings) may be conducted in Russian, while the appellate level litigation may be conducted in English.

LAW5704 Law of Energy and Natural Resources (3 credits)

Prerequisites: None

Acknowledging the importance of energy on a global scale, and particularly to the economic development of Kazakhstan, this course introduces students to international legal principles (sovereignty, territoriality, principles of compensation, liability etc) and relevant treaties, especially the Energy Charter Treaty, that govern the interaction between states and other potential subjects of international law relevant to energy. The course explores the agreements/contracts/treaties and negotiations between states (public) and multinationals (private) in the exploration, supply of, and investment in energy resources. The course examines the role of major players in energy resources including international organizations in the energy sector, such as OPEC, the OECD, the IEA, the UN, the EU as well as NGOs. International energy investment disputes are most often resolved by arbitration as the preferred mode, with ICSID the forum of choice. International energy disputes can also be environmental and human rights disputes, litigated in international courts and national courts. While using oil, natural gas and nuclear power as examples for the course, we will look toward the future and evaluate the international legal and policy (regulatory) issues facing the development and expansion of renewable energy, such as biofuels.

LAW5705 Intellectual Property Law (3 credits)

Prerequisites: None

The law of Intellectual Property is fast becoming a significant area of law due to the increasing value of company intangible assets and the World Wide Internet. It also raises the question of the balance of property within the public domain and property that may be privatized with economic rights exercised by the holder. The subjects covered are: Introduction to IP, Copyright, Patents, Trademarks, Trade Secrets, Geographical Indications, Industrial Design, Patents, WIPO and other international treaties. The trend toward harmonization, protection of IP rights, and open source are consistent themes throughout the course.

LAW5706 International Banking Law (3 credits)

Prerequisites: None

The International Banking Law course commences with a study of money and central banking policy. The relationship between currency and trade is identified. A country’s Balance of Payments is key to understanding this function of international banking. This aspect of international banking law is properly called the “international public law of banking”. The course then proceeds to identify the business activities of banks, the creation and function of bank holding companies, cross-border banking structures, and the definition and function of “international banking activity”. This is properly called the international private law of banking. Payment systems, bank formation, branching, and restrictions on banking activities are discussed from a comparative view. The course then pursues financial institution regulation, risk valuation and control, insolvency, and restructuring of banks.

LAW5707 International Commercial Arbitration Practicum (3 credits)

Prerequisites: None

This Practicum is designed to teach students the fundamental and advanced principles of International Commercial Arbitration in the context of an international sales transaction through the use of a case study. The case study is based upon an Arbitration problem released by the Willem C. Vis International Commercial Arbitration Moot. The first phase of the Practicum is a study of the fundamental principles of International Commercial Arbitration, the UNCITRAL Model Law [amended as of 2006], the New York Convention of 1958, and the Convention on the International Sales of Goods, in preparation for the release and examination of the Vis Moot problem (usually early October). The Problem is read, analyzed, and parsed for identifying key facts and legal issues. Additional treaties may be examined depending upon the issues raised in the case study. The class is divided into teams of four students representing the Claimants and the Respondents. Each team is responsible for submission of two written pleadings on behalf of the respective parties. Subsequent to submission of the pleadings, the teams then prepare for oral argument that takes place in a simulated International Commercial Arbitration; practice sessions are held.

LAW5708 Administrative Law of Kazakhstan (3 credits)

Prerequisites: None

This course introduces students to the legal issues and activities of public administrative bodies with special focus upon the constitutional basis of these entities and their operations. Students are introduced to the place of organs of state administration in the general system of state bodies, and the forms and methods of activity of executive bodies. The course also covers the constitutional basis and administrative organization of state service; administrative liability and administrative process issues; control over the activities of executive bodies; and the constitutional and administrative law protection of rights and interests of individuals and legal entities in relations with the state administration organ.

LAW5709 Introduction to the Legal System of Kazakhstan (3 credits)

Prerequisites: None

This survey course provides a framework to understand the normative dimensions of the legal system of the Republic of Kazakhstan. It introduces students to legal concepts of law, state and subsequently exposes them to fundamental principles and doctrines of Kazakhstan’s legal system. The course reflects the breadth and diversity of the legal system of Kazakhstan and covers the basics of its main branches, including Constitutional Law, Administrative Law, Financial Law, Tax Law, Labor Law, Criminal Law, Civil Law, Family Law, etc.

LAW5710 Eurasian Economic Union Law (3 credits)

Prerequisites: none.

This course introduces students to the substantive laws of the Eurasian Union, with comparative remarks to the European Union substantive law and references to the One Belt, One Road initiative.

Kazakhstan has embarked on a project, which deeply affects its sovereign power to regulate the domestic economy, as the Eurasian Economic Union (EAEU) aims to achieve deeper integration among countries part to the post-Soviet space. According to many scholars working and commenting on the EAEU, this process of integration is mainly inspired by the European Union institutions and substantive laws.

The course focuses on the following topics: Eurasian Economic Union: History and Institutions, Trade Regulation, Competition, Intellectual Property, and Special regulatory regimes.

LAW5711 Legal Traditions of the World (3 credits)

Prerequisites: none.

Today’s globalized, pluralistic world is characterized by increasing interactions among different legal systems and jurisdictions. Different legal traditions often coexist on the same territory or influence each other through a number of factors such as legal scholarship, international jurisdictions, migration, international trade, international marriages, and many others. The study of legal traditions prepares the students for a career in this environment. The course examines the major legal traditions of the world with an emphasis on Civil law, Common law, Islamic law, and their sub-categories. It begins with an introduction to comparative law and its methods. Then, the legal traditions are studied with regard to: historical development; sources of law; constitutional law; judicial review; elements of substantive and procedural law; legal professions; legal education.

LAW5801 Corporate Finance (3 credits)

Prerequisites: None

This course is a business financial management and law course, combining theory and applications. The course describes the major sources of finance for the company: debt and equity, and describes the legal implications of each for both the issuer and the owner. The course then focuses on capital budgeting methods including financial planning and forecasting, net present value, internal rate of return, capital budgeting under uncertainty, risk and return analysis, capital structure policy, dividend policy, working capital policy, corporate restructuring and interactions of investment and financing decisions. The use of a financial calculator is required for the solving of modern day financial business problems.

LAW5802 International Taxation Law (3 credits)

Prerequisites: None

This course is an advanced tax law course focusing on the issues of international taxation, including the sources of international tax law and their interpretation and application. The students will study in depth both perspectives of international taxation – country of source and country of residence tax issues. The structure of tax treaties will be studied in detail and students will learn to apply the key principles of international tax planning in practical scenarios. The domestic and tax treaty based anti-avoidance rules (including transfer pricing, thin-capitalization, controlled foreign corporation rules as well as other applicable principles beneficial ownership and limitation of benefits clauses) and their application will also be explored as well as other challenges related to tax planning and avoidance.

LAW5803 International Investment Law (3 credits)

Prerequisites: None

Previously listed as LAW5803 International Investment Disputes

This course deals with the international law applicable to the rights and obligations of foreign investors and States of the place where the foreign investment is made. The course will have two parts: substantive and procedural. The substantive part will study the rights and obligations of foreign investors and national States, as included in Bilateral Investment Treaties (BITs), other international instruments, as well as in customary law and which protect the investment from unlawful State actions such as expropriation without appropriate compensation or unfair and inequitable treatment. Special attention will be paid to BITs to which the Republic of Kazakhstan is a party. The procedural part will deal with the different dispute resolution mechanisms between foreign investors and national States, focusing on arbitration under the Washington Convention of 1965 and the International Center for the Settlement of Investment Disputes (ICSID). This type of arbitration is particularly important in Kazakhstan, because this country relies heavily upon foreign participation in the development of its energy sector. BITs are triggered and their terms may or may not provide clarity on substantive and dispute resolution issues. Recognition and enforcement of arbitral awards issued under the different instruments will also be studied.

LAW5804 Mergers and Acquisitions (3 credits)

Prerequisites: None

This course covers the following topics as they relate to mergers and acquisitions: company law, exchange controls and foreign investment restrictions, antitrust law and restrictions on monopolistic practices, and tax law. Both domestic and international M&A transactions are discussed, as well as mergers, divisions, transfers, acquisitions, and public takeovers. The practical dimension of the course requires students to develop and understand the legal documents necessary to effect an M&A. The Republic of Kazakhstan features as the situs of the content of the course, but references to the law of other jurisdictions is made as needed.

LAW5805 Constitutional Law of Kazakhstan (3 credits)

Prerequisites: None

This course introduces students to the constitutional principles of the Republic of Kazakhstan. The course starts with the historic overview of the constitutional development of Kazakhstan. Students then examine the constitutional rights and freedoms of individuals in Kazakhstan; the institutes of citizenship and referendum; the legal foundations of the activities of public associations and political parties; and electoral law. Students also will study the legal status of the supreme state organs of Kazakhstan: the President, the Parliament, the Government, the judiciary, and the Constitutional Council. Special attention is paid to the stages of the legislative process in Kazakhstan and constitutional review. Finally, the course deals with the legal issues of the local state administration and self-governing bodies.

LAW5806 Commercial Litigation in Kazakhstan (3 credits)

Prerequisites: None

The civil procedure course addresses the rules, principles and forms of pleadings that govern the litigation of a civil case in Kazakhstani courts. The course familiarizes students with how and where a lawsuit is initiated in the courts of Kazakhstan and with the issues related to status of the parties, the jurisdiction and venue, the forms of action and pleadings. Then the course examines the pre-trial stage with particular attention to such issues as preparation of the case and the preliminary relief. Afterward the trial stage is explored with special emphasis on the elements of proof at trial, burden of proof and evidence rules as well as presumed facts and res judicata. The course will also examine content, form and effect of judgments; forms of appellate review and procedures; reopening judgments because of new circumstances; reopening default judgments and execution of judgments. The course will have very practice oriented focus and will be instructed by practicing litigation lawyers.

LAW5807 Contract Law of Kazakhstan (3 credits)

Prerequisites: None

This course focuses on the law of contractual obligations covering the formation and interpretation of business transactions, legal limitations on the bargaining process, claims and defenses related to breach of contract, and remedies for breach.  In addition, it explores legal peculiarities of each type of contract, i.e., purchase and sale, barter, lease, transportation, construction, bank servicing, loan, insurance, storage, and many other contracts.  It develops necessary skills and competencies to draft and efficiently negotiate business contracts.

LAW5808 Tort Law of Kazakhstan (3 credits)

Prerequisites: None

The second part of the course focuses on civil obligations arising out of injury (damage).  It introduces students to the fundamentals of tort doctrine, focusing primarily on ‘injury (damage),’ ‘illegality,’ ‘causation,’ and ‘guilt’ elements required to establish conditions for civil liability, and types of liabilities, including personal injury, products liability, and moral distress, etc. Working on skills-based exercises, students will practice analyzing and applying tort principles to factual scenarios. Finally, the course deals also with the legal issues of unjust enrichment.

LAW5809 Law of the WTO (3 credits)

Prerequisites: None

Three institutions operate globally to improve trade relations, solve poverty and promote infrastructure investment, and maintain financial stability: the World Trade Organization, the World Bank Group, and the International Monetary Fund. This course provides an overview of each institution and its primary impact upon legal systems. The WTO is the product of the Bretton Woods Agreement following World War II. The GATT [the original name] created a multilateral trading system to reduce tariffs and non-tariff barriers to trade in an effort to make the economic interests of its members interdependent. The WTO, which was formed in 1995 and incorporates the 1948 GATT, introduced several new covered agreements and significantly the Dispute Settlement System. The course also covers the role of the major public international institutions, with the exception of the United Nations, and provides historical case studies.

LAW5810 International Anti-Corruption Law (3 credits)

Prerequisites: None

The course focuses on the phenomenon of corruption and the illegal use of public office for private gain. The course, among others, encompasses the following topics: the definitions and scope of corruption (what is corruption and why does it matter?); causes and consequences of bureaucratic corruption; judicial corruption; international, regional and national regulatory anti-corruption frameworks; case studies; when are anti-corruption campaigns successful; corporate criminal liability; international co-operation; extradition; confiscation, seizure and asset recovery procedures.

LAW5811 Global Competition Law (3 credit)

Prerequisites: none.

With globalization and the simultaneous deregulation of markets, competition authorities have gained the fundamental role of ultimate guardians of the fair process of competition between market actors. Predictably, competition authorities all around the world have gathered enormous attention, making it to the headlines of all the news agencies and outlets for the impact of their decisions on businesses and on society as a whole. This trend regards Kazakhstan, whose antimonopoly sector, in the wake of EU and Russia, is gaining momentum both at domestic level (where more and more practitioners and officials are specializing in) and international level (where int’l organization intends to coordinate and abet the enforcement of antitrust rules). This course provides a comprehensive overview of the structure and substance of the EU and Kazakh competition rules, with some comparative references to other systems, examining both the current legal framework and the underlying competition policy considerations, which have informed their application and development.

LAW5922 Internship (2 credits)

Prerequisites: Completion of at least 15 credits

An internship provides students with the opportunity to learn about the practice of law through the supervised performance of legal work in: judicial chambers; prosecutor’s office and other government agencies; law firms; in-house legal departments; or other placements approved by the faculty supervisor. In addition to enhancing practical skills and to exposing students to the world outside academia, internships offer the opportunity to increase the knowledge of substantive law, often in a specialized area. The Internship program requires students to work at least 150 qualifying hours, of which at least 100 hours must be spent in the field and 50 hours, preparing internship documents. Interns must file an internship report with the Faculty Supervisor conforming to the requirements of the School of Law for the LL.M. program. The Internship Guidelines and Forms contain all details regarding the operation of the Internship program. Students who have worked for a minimum period of one year in a law firm or related field may apply to waive the Internship requirement. The waiver requirements are set forth in the Internship Guidelines. Students who qualify for a waiver are required to take a 3 credit elective course instead of the Internship.

LAW5989 Experimental Research including Master Thesis (5 credits)

Prerequisites: Completion of at least 15 credits

The Seminar is designed to provide a step-by-step approach to researching and writing an LL.M. thesis. The course starts with assisting students develop an appropriate theme or problem statement upon which to write a thesis, and to form a Supervisory Panel. The objective of the course is to assist students to produce an acceptable thesis to submit to the Supervisory Panel and proceed to the oral defense. A number of compulsory lecture classes will be delivered to introduce research and drafting techniques. From then on, students will be able to meet with the lecturer and their supervisor on a weekly basis in order to discuss their progress and the difficulties encountered. The LL.M. Thesis Guidelines and Forms contain a full description of the course and the procedures to follow.

LAW5924 Research Apprenticeship (4 credits)

Prerequisites: Completion of at least 15 credits

This course provides the student with an opportunity to research issues related to the thesis topic in a supportive environment.

LAW5991 Thesis Defense (3 credits)

Prerequisites: LAW5989; LAW5992

This is the second course for working on the thesis. The Supervisory Panel implements a quality assurance function during the implementation of the course. The course subsequently covers every stage of the thesis writing process from draft proposal and formal proposal through submission of the final written thesis and defense.

At the successful completion of this Program, graduates will be able to:

• Demonstrate professional-grade understanding of public and private international law, both substantive and procedural;
•  Demonstrate knowledge of the interaction of domestic and international law;
• Evaluate the role of international law in international relations and in the furthering of Kazakhstan’s interests in the international arena;
• Complete substantive research projects, which demonstrate advanced knowledge of international law, and proficiency in research methodologies, academic conventions, and academic English;
• Provide ethical legal advice and solutions to legal problems involving the international aspects of actions by private individuals, business, government and civil society;
• Communicate ideas and information clearly and effectively, in both oral and written English, using correct legal terminology;
• Demonstrate ability to work in teams.

Having achieved these learning outcomes, students are prepared to pursue further study of law at the PhD level or to work locally or internationally. For example graduates will be qualified to work in:

• Law Firms
• Business Firms
• Financial Services Firms
• Government
• International organizations