PARTNERING WITH EGYPTIAN LAW FACULTIES Background information for Faculties of Law, Alexandria, and Cairo Universities

June 26, 2006 This publication was produced for review by the United States Agency for International Development. PARTNERING WITH EGYPTIAN LAW FACULTIES Background information for Faculties of Law, Alexandria and Cairo Universities

TECHNICAL ASSISTANCE FOR POLICY REFORM II CONTRACT NUMBER: 263-C-00-05-00063-00 BEARINGPOINT, INC. USAID/EGYPT POLICY AND PRIVATE SECTOR OFFICE JUNE 26, 2006 SO 16

DISCLAIMER: The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS

SOURCES SOUGHT NOTICE...... 3 Partnering with Egyptian Law Faculties...... 3

ALEXANDRIA UNIVERSITY...... 14 Brief History...... 15

FACULTY OF LAW...... 16 Diagnostic Assessment Report...... 16 I. Vision and Mission Statement ...... 18 II. Program structure and content ...... 18 III. The educational environment for teaching and learning at the Faculty...... 19 IV. General student information, admissions criteria, testing environment...... 20 V. Curriculum and teaching plan...... 21 VI. Student Success Rates ...... 21 VII. Graduates – Job market characteristics;...... 21 VIII. Program faculty, Selection, retention and their backgrounds...... 22 IX. External contacts and knowledge exchange...... 23 X. Internal quality evaluation...... 24 XI. Other Considerations...... 24 XII. Diagnostic Assessment ...... 25 Internal Statute...... 28 Student Handbook ...... 44 I. Faculty Structure: ...... 44 II. Faculty meetings ...... 44 III. Faculty Departments ...... 44 IV. Faculty History...... 44 V. Examinations Guidelines...... 45 VI. Facilities ...... 46 VII. Student Support Services ...... 47 VIII. Admission Procedures ...... 48

CAIRO UNIVERSITY ...... 61 Overview ...... 62

CAIRO UNIVERSITY ...... 63

FACULTY OF LAW...... 63 Brief History...... 64 Diagnostic Assessment Report...... 66 I. Vision and Mission Statement...... 67 II. Program structure and content...... 68 III. The educational environment for teaching and learning at the Faculty...... 69

TECHNICAL ASSISTANCE FOR POLICY REFORM II i IV. General student information, admissions criteria, testing environment...... 70 V. Curriculum and teaching plan ...... 71 VI. Student Success Rates...... 71 VII. Graduates – Job market characteristics;...... 72 VIII. Program faculty, Selection, retention and their backgrounds...... 72 IX. External contacts and knowledge exchange...... 74 X. Internal quality evaluation...... 74 XI. Other Considerations...... 74 StUdent Handbook...... 77 I. Supervision of the English Section...... 78 II. Rules of the study, Admission and Examinations ...... 79 III. Finance...... 84 Undergraduate Course Outline...... 86 Statistics of Bachelor and Postgraduate Diploma Grades...... 95

APPENDIX A...... 100 List of Faculty Curriculum Vitaes ...... 100 1) Alexandria University - Faculty CVs ...... 101 Prof. Dr. Bourham Mohamed Atallah...... 105 Prof. Dr. Galal El Din Wafaa Mohamed El Badry ...... 109 Prof. Dr. Hafeeza Alsayed Ali Mohamed Hadad...... 111 Prof. Dr. Hany Dowidar ...... 113 Prof. Dr. Mohamed Samy Abdel Hamid...... 117 Associate Prof. Moatasem elGheriani, Esq...... 119 2) Cairo University - List of Faculty CVs ...... 121 Associate Prof. Mohamed S. Abdel Wahab...... 122

APPENDIX B...... 133 Readings ...... 133 I heard it all before: Egyptian Tales of Law and Development ...... 134

TECHNICAL ASSISTANCE FOR POLICY REFORM II ii SOURCES SOUGHT NOTICE

PARTNERING WITH EGYPTIAN LAW FACULTIES

Issuing Date: March 30, 2006 Response Date: April 25, 2006

THIS IS NOT A SOLICITATION. Conducting market research and determining the most uniquely capable Sources for a future competition does not constitute a contract award. It is a business decision of the Contracting Team to determine the most uniquely capable Sources through market research for a future competition. BearingPoint reserves the right to terminate this process and change its requirements if the needs of its clients change. Responding to this notice does not guarantee participation in future BearingPoint or USAID activities. BearingPoint is not obligated to and will not pay for any information received from potential sources as a result of this Sources Sought Notice.

Contracting Office Address:

BearingPoint Emerging Markets Operations, 1676 International Drive, McLean, VA 22102-4828, room 7131.

Point of Contact:

Place of Performance:

Cairo and Alexandria, Egypt

Market Research Process:

In order to be considered for a future competitive process, all interested parties must submit information that addresses the items listed in the Request for Information (RFI) section of this document.

Sources Sought Notice - Partnering with Egyptian Law Faculties

3 Description of Future Requirements:

BearingPoint, Inc., under its contract with USAID, Technical Assistance for Policy Reform II (TAPR-II), is supporting the Government of Egypt’s broad program of economic, financial and private sector reform. See the annex below for background on the overall TAPR-II project. The activity that is the subject of this RFI is part of TAPRII's Component F: Human Resources.

Under this activity, BearingPoint expects to competitively select one or two US based law schools who will partner with an Egyptian university law faculty in developing a joint commercial law/international business advanced degree program and in strengthening other aspects of the faculty’s capabilities.

Higher-Level Goal

To strengthen both Egyptian and US law schools, both as sources of services to internationally competitive Egyptian business and as contributors to closer understanding between the United States and Egypt.

Immediate Project Objectives To create affiliations between one or two US law schools and the law faculties of the Cairo and Alexandria Universities, so as to create two Egyptian centers of excellence in commercial law scholarship and education; and specifically

To develop and offer in Egypt an LLM type degree in commercial law/international business that is conferred jointly by the US institution and the respective Egyptian law faculty.

Background on Higher Education in Egypt:

The Higher Education System

Important aspects of legal education in Egypt are the product of the overall higher education system.

The higher education sector in Egypt comprises 12 government-run national universities, 51 government technical institutes, and about 16 private universities. Under Egypt's relatively recent liberalization, many of the private universities are new and in varying degrees of development, with some being for profit, and about 18 applications to open additional private universities are pending at the Ministry of Higher Education.

Curricula and degrees, both in the national universities and to some degree in private universities, are standardized through centralized control of the Ministry and the Supreme Council of Universities. Under Egypt's constitution, the government is to make higher education available to all citizens without charging fees. Entry into the university system is based on the

Sources Sought Notice - Partnering with Egyptian Law Faculties 4 results of the Secondary Examination Certificate, the "Thanawiyya Amma," and the Placement Bureau of the Ministry of Higher Education controls university admission. A dominant feature of many university faculties (schools or departments) is very large enrollments with limited financial resources. Single undergraduate courses may have more than 1,000 students enrolled and it is common for only a fraction of the students enrolled to attend lectures. Other academic resources are similarly over- matched by the number of students.

Students with the very highest Thanawiyya Amma scores have some choice between different national universities, but ninety percent of secondary students are generally only admitted to the nearest campus. Incoming students are sorted between faculties by setting different minimum scores as requirements for admission to each faculty. Post-graduate degrees are mainly directed at academic faculty development; interest in these degrees from working professionals is limited. At the national (government) universities, faculty positions generally must be offered to the faculty's own highest scoring undergraduates, who become assistants. Assistants have tenure immediately upon hiring, but they must earn higher degrees to be promoted. With fifteen years being the cutoff for reaching the doctoral degree and full professor rank, the programs for master's and doctoral degrees are generally lengthy and include multi- year thesis components. In general, the only students who may be admitted to a faculty's advanced degree programs are the faculty's own assistants (its own bachelor's degree holders), not students from other campuses or other disciplines. For example, admission of engineering students into master's programs in business is unheard of (outside certain Executive MBA programs recently started with international participation). Faculty initiatives aimed at quality education include the establishment of special programs, notably French and English Sections, which have reduced enrollments and fees that are substantial by Egyptian standards. Curricula are in principle the same in the different Sections, and some outstanding Egyptian students prefer the general Arabic Section. The French government assists some of the French Sections. Faculties also seek other international partnerships for both undergraduate programs and post-graduate degrees.

Legal Education

Law was an elite profession in the British period (1882-1952), attracting strong student interest and providing the training ground for most future government Ministers. In the following period up to the present, medicine and engineering have become the most coveted faculties, while in contrast the minimum score required for entry into law faculties has become relatively low compared to other disciplines.

The schooling requirement for lawyers in Egypt is a bachelor's degree, the LL.B., which is a professional training program rather than a broad, U.S.-style liberal education curriculum. Undergraduates who get bachelor's degrees from other faculties, such as liberal arts subjects, essentially cannot become lawyers.

The LL.B. holder is officially registered as a practicing lawyer after a period of time employed in an appropriate lawyer's position subject to Egyptian bar screening.

Sources Sought Notice - Partnering with Egyptian Law Faculties 5 There is no bar exam, although there are examinations in the system by which qualified lawyers from other countries become able to practice in Egypt.

The Cairo and Alexandria University law faculties are parts of the Government of Egypt's national university system. Their website addresses are:

-- http://www.cu.edu.eg/Faculties/Law.asp

-- http://www.alex.edu.eg/ (under "Faculties") Each has over 20,000 undergraduates enrolled and are divided into "departments" – see the list below for the case of Alexandria University:

- General Law

- Islamic Law

- Criminal Law - Commercial Law

- General International Law

- Special International Law - Systems History

- Arbitration Law

- Civil Law - Economic Law

Post-LL.B. offerings include LL.M. and LL.D. degrees and specialized diplomas at the master's degree level. Some members of the law faculties have pursued their advanced legal studies outside Egypt, most often in France, but sometimes in the U.S. or the UK.

The Cairo University Law Faculty has a program with France's University of Paris I (Pantheon-Sorbonne) that leads to an undergraduate (licentiate) degree and a graduate degree (master) in law. The program is jointly administered and courses are taught primarily by French professors. The graduates of this joint degree program have the same rights and privileges of a holder of the degree in both Egypt and France, including admission to the bar of both countries after fulfilling the other bar requirements. Ain Shams University, another national university located in Cairo, also has support from the French government for its law faculty's French section.

Egypt's leading private university, the American University in Cairo, has a Department of Law that offers an LL.M. and a master's degree in international human rights law. (See http://www.aucegypt.edu/academic/law/ ) No other private university has a law faculty at this time.

Sources Sought Notice - Partnering with Egyptian Law Faculties 6 Aspirations

Egyptian law faculties are interested in taking further initiatives to better serve the market for premium legal talent that can guide internationally competitive business. They recognize that this market values the standards established for U.S. law degrees. Furthermore, the faculties' experience is that by attracting international participation in their teaching and scholarly programs they can justify increasing the traditionally limited autonomy they have to innovate within the national system.

Egypt's law faculties also believe that they potentially have much to offer. They are aware that the U.S. Government and many other U.S. institutions are interested in initiatives that can contribute to better business and social relations with the Arabic speaking countries. High quality legal education can play an especially important role in developments that U.S. institutions support. In addition to imparting skills to students, high quality legal education improves the business climate, the rule of law, respect for human rights, and good governance. High quality law schools function as think tanks on public policy and as centers for a range of activities in the public interest.

Through much of the 1900s Egyptian law schools were the main source of modern law and legal education in the Arabic-speaking world. A base in Egypt would therefore provide valuable opportunities to U.S. law schools that have an interest in networking in this region.

The Project: BearingPoint and the Cairo and Alexandria University law faculties seek expressions of interest from US law schools with an explicit vocation to be leaders in globalized legal services and who are interested in achieving a long-term affiliation with legal education in Egypt.

BearingPoint’s potential arrangements with one or two US law schools will support an affiliation that is focused on an English-language LLM-type post-bachelor's degree relating to commercial law and internationally competitive business. In working toward this project objective, the US law school(s) would initially provide services through a subcontract(s) with BearingPoint. These services should include: • Designing a suitable LLM degree that can be taught in Egypt and awarded by the US university. • Supervising the subject LLM program as necessary to allow awarding a US degree. • Providing law faculty to teach and conduct research in Egypt in coordination with one or both of the Egyptian faculties. Terms of staff assignments in Egypt should be proposed by respondents according to their vision of building a program suitable for eventual affiliation. Assignments should be staffed by a combination of permanent staff of the US law school and staff recruited for this project. • Consulting on pedagogical techniques, materials, and equipment, and assistance in procurement and management of IT materials and equipment. • Cooperating on research with Egyptian counterparts. • Providing training, including degree training, in the US school(s) for Egyptian students including junior faculty.

Sources Sought Notice - Partnering with Egyptian Law Faculties 7 • Designing and implementing clinical work and internships in the United States and Egypt. • With the Egyptian law faculty, designing and implementing a business plan for program sustainability and a long-term affiliation. • As part of the business plan, designing and implementing with the Egyptian law faculty a fund-raising campaign for the joint program, including US fund-raising dedicated to the US law school's contribution to this program, along with fundraising in Egypt and the region. Using the USAID assistance as seed money, at the conclusion of the project period, the schools will have implemented a self-sustaining program of cooperation. USAID expects a good-faith effort on the part of US law schools receiving USAID's support under this proposed activity to attempt to create an Egyptian program with which the US law schools will find in their own self-interest to affiliate and support. USAID recognizes that no ex-ante commitment to a future affiliation is possible, and that the time frame for achieving the result cannot be predicted with certainty. The initial term of USAID's support can run through September 30, 2009. Extension of this support would depend on authorization and availability of funds. It is envisioned that the LLM teaching program would start in January 2007.

Separately from the project outlined here, USAID, through the TAPR II project being implemented by BearingPoint, is supporting a scholarship program for between 5 to 10 junior faculty from each of the law schools to attend terminal law degree programs in the United States. These students will return to their home institutions upon completion of these degrees to resume their posts as faculty members and to contribute to the new LLM program.

A more detailed list of illustrative tasks is provided in an annex below.

REQUEST FOR INFORMATION: Capability Statement

Instructions:

1. This RFI does not request a technical proposal for services. Rather, respondents are requested to demonstrate their interest and qualifications.

2. The RFI response should be concise and focused and not exceed 15 pages including cover pages, table of contents etc.

3. Sales brochures, videos, and other marketing information materials are not solicited and will not be reviewed.

4. Do not submit cost or price information with the response.

5. Interested companies should submit an electronic copy of their capability statements via email to Carol Swan,

6. The due date and time for submission of responses is 11:00 AM Eastern Standard Time (EST) April 25, 2006.

7. No phone calls related to this RFI will be accepted. All correspondence shall be via email.

Sources Sought Notice - Partnering with Egyptian Law Faculties 8 8. BearingPoint and USAID would very much appreciate receiving a brief statement from schools receiving this RFI who decide they are not in a position to express further interest in the program as to why the potential program is not of interest.

Market Research - Information Requirements

Please provide the information requested below:

Institution and Contact Information: Institution’s Name and Address

- Contact Name, Title, Phone Number, Fax Number, and e-mail Address

- Organizational history and business capabilities statement as noted below

Business Capabilities Statement:

1. Provide a brief (no more than one page) description of how the implementation of a program similar to the one outlined here fits in with your institution’s strategic vision for the development of its international programs. Please address the issue of internal support for such programs within your institution. 2. Please indicate whether you are interested in partnering with one or both Egyptian law faculties. 3. Provide a summary of your university’s relevant experience in designing and delivering JD, LLM and doctoral degree programs through your primary campus in the United States. Indicate ABA approval of your JD program. Describe the number of LLM degree holders that have applied and been accepted into the university’s doctoral degree programs during the past three (3) years. 4. Provide a summary of your university’s fund raising and donor campaigns that specifically support the law school and its programs. Explain how these programs and expertise might be developed in support of the sustainability of this proposed educational program outside the United States.

5. Provide a summary of your university’s exposure and linkages to the Middle East (student body, international programs, faculty members drawn from the region, faculty and student exchange programs, partnerships and linkages with educational and other organizations resident in the region, etc.). Describe how these linkages might support the establishment of an educational program in the Middle East.

6. Provide a summary of your university’s relevant experience, if any, in implementing legal and other educational degree programs outside the United States, with a particular focus on the Middle East, during the past three (3) years. State whether such programs are functioning today.

Sources Sought Notice - Partnering with Egyptian Law Faculties 9 7. Provide a summary of your university’s relevant experience, if any, in implementing USAID, US government or other donor sponsored (World Bank, Asian Development Bank, etc.) technical assistance programs. Describe any such relevant past programs that have been undertaken during the past three years.

Notification of Status: Based on the information provided by the institutions participating in this “Sources Sought”, BearingPoint expects to limit the number that will be invited to participate in a competitive acquisition. The determination of the number of most highly capable institutions that will be used for a future acquisition is a business decision reserved for the BearingPoint acquisition official but is expected to be no less than three and no more than five. Upon completion of the review of the RFI materials by BearingPoint, the soliciting official will notify all respondents of their status.

Sources Sought Notice - Partnering with Egyptian Law Faculties 10 ATTACHMENTS

1. TAPR-II Project Background The Technical Assistance for Policy Reform II (TAPR-II) program is designed to support fiscal and financial sector modernization, trade capacity building, private sector and commercial law development, including building capacity and human resource requirements across key sectors. The overall goal of the TAPR II is to respond to Egypt's requests for assistance to re-instate a market- and private-sector oriented economic model across a wide range of productive sectors and GOE support institutions. The overall success of the TAPR-II program will be measured by its success in promoting increased levels of investment and trade, job creation, and poverty reduction.

The goals and purpose of the TAPR-II program are being implemented through seven Component Areas: • Component A: Trade Environment including technical assistance activities focused on customs reform, trade facilitation, trade policy, and intellectual property rights. • Component B: Financial Services Modernization including technical assistance activities directed at bank privatization, banking supervision and regulation, and bank restructuring. • Component C: Macroeconomic Stability including technical assistance activities related to tax reform, expenditure management, and monetary policy. • Component D: Enabling Policy Environment including technical assistance focused on commercial law reform and the development of industrial promotion policy. • Component E: Facilitating Services for Private Sector including technical assistance activities related to investment policies, legalization and formalization of business transactions and improving the enabling environment for business. • Component F: Human Resources including technical assistance activities supporting legal education, business education, and economics education. • Component G: Program Support including technical assistance activities related to results reporting, reporting of training, assessments, performance verification for conditioned assistance programs, preparation and dissemination of documents and publications, and public awareness.

2. Illustrative Tasks -- Expanded Detail

Project Illustrative Tasks:

I. Design an LLM degree program in commercial law/international business • Establish an English language US level LLM program Egyptian Law Faculty Partner • Issue a jointly conferred diploma to graduates of the program that is comparable to LLM type diplomas issued in the United States and at the same time is acceptable to the accreditation authorities at Cairo and Alexandria University law schools

Sources Sought Notice - Partnering with Egyptian Law Faculties 11 • Ensure that the LLM degree is acceptable for application to the US university’s and other open doctorate-in-law programs, as applicable • Ensure that graduation from the LLM degree program will constitute acceptable academic qualifications to meet the New York Bar association examination requirements

II. Design and deliver a curriculum of courses in Egypt that result in an acceptable LLM degree • Determine 8 to 10 commercial law/international business subjects that will comprise the curriculum of the one-year (three-semester) LLM degree program • From the subjects noted above, introduce 8 to 10 proven courses drawn from existing curriculum • Customize and modify the existing course materials to relate specifically to the Egyptian commercial law environment • Over a three-year period, provide up to three experienced commercial law instructors per year to deliver the selected curriculum over three semesters (potentially two courses per semester)

III. Provide faculty development support to participating Egyptian faculty • Provide consulting and on-the-job training to participating Egyptian faculty on pedagogical techniques, including case study development and delivery, interactive lecture delivery, group/team work projects, and international publishable research, etc. • Introduce a faculty exchange program to provide on-going faculty development linkages between Egyptian LLM program and the US home campus • Integrate qualified Egyptian faculty into the delivery of the required courses for the LLM degree program • Conduct “team teaching” of the LLM curriculum with participating Egyptian faculty to improve their ability to deliver the required course materials • Design and implement a modest competitive research grants programs that might be funded from the USAID program • Design and implement internships and research study programs in the United States for select Egyptian faculty

IV. Develop and initiate a realistic business plan to support the sustainability of the LLM degree program • Develop and implement a realistic sustainability plan for the LLM degree program, maximizing revenues and minimizing costs to create an achievable breakeven level without compromising the quality of the program • Design and develop a fundraising campaign for the LLM degree program and undertake fundraising activities in the United States, to support the US component of the program, and initiate a regional fundraising program in Egypt and the Middle East • Provide as much ongoing curriculum development and delivery support as possible from University resources

Sources Sought Notice - Partnering with Egyptian Law Faculties 12 V. Support strengthening of senior academic administration and consult on the design and installation of improved facilities • Design and implement a program to support the strengthening of the academic leadership to further the sustainability of the LLM degree program • Support library development efforts for the LLM degree program • Consult on improved internet access and e-learning support that would support the LLM program

VI. Other • Coordinate efforts with ongoing USAID programs to maximize resources that can be made available to support the program and increase its impact • Coordinate efforts with other donor supported programs in Egypt to minimize redundancy and maximize cooperation

Sources Sought Notice - Partnering with Egyptian Law Faculties 13 ALEXANDRIA UNIVERSITY

Alexandria University – Faculty of Law - Brief History 14 BRIEF HISTORY Alexandria University is situated in the heart of the city of Alexandria. It is a unique and historic institution. The University assumed a leading role during the wars and political changes that occurred in Egypt. It began as a branch of "Fouad I University", including Faculty of Arts and Faculty of Law in the Academic year 1938/1939 followed by the Faculty of Engineering in the Academic year 1941/1942. The idea of establishing a university in Alexandria was conceived to accommodate expansion in higher education and official encouragement of secondary school graduates to seek professional degrees. Therefore, due to growing demand of the people of Alexandria for higher education, "Farouk I University" became an independent university in August 1942. Four additional faculties: Science, Com- merce, Medicine and Agriculture, were added to the university. In 1952 became Alexandria University. The years 1945 to 1983 witnessed the growth and expansion of the University. The Higher Institute of Nursing (currently the Faculty of Nursing) was established in 1954, Faculty of Pharmacy in 1956, Higher Institute of Public Health in 1963, Faculty of Education in 1966, Faculty of Dentistry in 1971, The Medical Research Institute in 1971, The Faculty of Veterinary Medicine at Edfina in 1975, The Institute of Graduate Studies and Research in 1983, and Faculty of Tourism and Hotels Business in 1983.

As the education and cultural influence of Alexandria University spread to neighboring regions, it became necessary to establish addition regional faculties in the Nile Delta to meet the growing education needs of other cities. Alexandria University founded the Faculty of Medicine in Tanta in 1962/63, The Faculties of Science and Education in Tanta in 1969/70, and Faculty of Agriculture in Kafr El-Sheikh in 1969/70. These faculties are currently affiliated to Tanta University. Similarly, the following faculties were established in the city of Damanhour (in the Western Delta): Faculty of Education in 1979/80, and the Faculties of Arts, Agriculture and Commerce in 1983/84. In 1989, Alexandria University resumed responsibility for four other faculties located in Alexandria but were administered by Helwan University. These were, Faculties of Agriculture, Fine Arts, Physical Education (for Boys) and Physical Education (for Girls).

In 1991/92, another Faculty of Education was established in the city of Marsa Matrouh, 300 km west of Alexandria. Moreover, to further enhance the scientific and cultural cooperation between Egypt and other Arab nations, especially Lebanon, the Arab University of Beirut was established in affiliation with Alexandria University in 1960. Alexandria University like all other government-supported Universities in Egypt is under the auspices of the Supreme Council of Universities.

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Alexandria University – Faculty of Law - Brief History 15 ALEXANDRIA UNIVERSITY

FACULTY OF LAW

DIAGNOSTIC ASSESSMENT REPORT

Alexandria University – Faculty of Law – Diagnostic Assessment Report 16 MEETING REPORT

Meeting Subject: DIAGNOSTIC ASSESSMENT OF FACULTY OF LAW PROGRAMS, ALEXANDRIA UNIVERSITY

Meeting Date and Location: Wednesday, June 7 10:00 -13:00 hrs., Office of the Dean, Faculty of Law, Alexandria University

Attendees Title Contact Number

Deputy Dean Faculty of Law Alexandria University

Assistant Prof. of Law Faculty of Law Alexandria University

Lecturer of Private International Law Faculty of Law Alexandria University

USAID/Cairo

Team Leader, TAPRII Human Resources Component

TAPRII Education Advisor Assistant Professor of Business Cairo University, Faculty of Commerce

TAPRII Human Resource Component F Translator/Admin Assistant

Discussion Points

The purpose of the meeting was to conduct a quick diagnostic assessment of Alexandria University Law Faculty through interviews on a set of previously provided questions. The survey questions were prepared relative to establishment of a possible twinning program between the Law faculties at two Egyptian Universities and a US Law School. The survey instrument was prepared on the basis of generally applied quality assurance and accreditation by European and US institutions, and adjusted to reflect

Alexandria University – Faculty of Law – Diagnostic Assessment Report 17 relevancy for the Egyptian environment by the TAPRII diagnostic assessment advisor. The survey instrument also incorporated the specific questions from a number of interested US Law Schools. The survey instrument consisted of 12 sections with relevant questions under each. The sections in the survey instrument included questions relevant to the Faculty’s (1) vision and mission statement; (2) Program structure and content; (3) The educational environment for teaching and learning at the Faculty (a) Learning environment; (b) teaching environment—such as the physical facilities, library, training facilities; (4) General student information, admissions criteria, testing environment; (5) Curriculum and teaching plan; (6) Student success rates; (7) Graduates – where they mostly work; (8) Program faculty, and their backgrounds; (9) External contacts and knowledge exchange; (10) Internal quality evaluation (11) Other Considerations (12) A Quick Diagnostic. (The instrument is available upon request)

I. Vision and Mission Statement • Faculty of Law has developed its own vision and mission in line with the one determined by the University. • The vision of the Faculty of Law in establishing an LLM program by establishing a twinning program with a US Law School is to become the regional leader in law education through accumulated knowledge excellence in response to the legal needs of the business and commercial community. • The mission of the Law School graduate program is to increase stakeholder value by creating relevant practitioner oriented knowledge.

II. Program structure and content Faculty Sections • Arabic Section (study is in Arabic) (21,000 students) • English Section − 400 Students − Some courses are taught in English while others are taught in Arabic − Course titles are the same as other sections, while the content may vary. • French Section − 100 Students − Some courses are taught in French while others are taught in Arabic − Course titles are the same as other sections, while the content may vary.

Alexandria University – Faculty of Law – Diagnostic Assessment Report 18 III. The educational environment for teaching and learning at the Faculty a) Learning environment • Faculty of Law encourages its students to promote their learning levels and skills. • The faculty has a linkage with the French Council to provide French section students with [optional] French language courses. One of them is The French Certificate de Juridique Francaise program which runs in parallel to the French language program for Alexandria University students. The French Council is offering 60% discount in the certificate program. This is an optional study, and not required by the French program. (Unfortunately, most of the French certificate program students drop out of the program without earning the certificate – possibly due to lack of adequate incentives or they are simply unmotivated). This certificate provides its holders exemptions from having to sit for more exams if they desire to continue for further legal studies in France • At graduate level programs, there is more interactive learning than at the undergraduate programs.

(b) Teaching environment such as the physical facilities, library, training facilities; Buildings and Classrooms • The Faculty of Law has two buildings available for its instructional needs. • There are adequate numbers of office and class room spaces available. • Faculty office spaces are neither sufficient nor adequately utilized. • There are plenty of classrooms that can be dedicated to the LLM program in the two law school buildings. • There are two auditoriums that can accommodate up to 2000 students. • There are other four classrooms that can be upgraded and refurbished to accommodate smaller numbers of students. • The Faculty of Law can dedicate these class rooms for the exclusive use of the LLM program students.

Faculty Housing There is no specific faculty housing available, however this is not considered a problem, as rental apartments can be available outside the campus.

IT • Faculty of Law has a computer lab with 25 computers well-equipped computer lab available. The computer facilities in the Faculty are currently being upgraded. At the time of the site-visit, one room was newly furnished and had 20 recent computers with internet access located in the administration building. Allowing for this and the present refurbishment of existing laboratories, the Faculty provides only about 40 PCs for almost 25,000 students. • An Italian technical assistance program provided the Faculty with LINUX based software, but it can not be utilized effectively because it seems to be too sophisticated and incompatible with their system.

Alexandria University – Faculty of Law – Diagnostic Assessment Report 19 • The Italian government technical assistance program provided the faculty with comprehensive IT study and an action plan. • Faculty of Law in cooperation with Faculty of Engineering has upgraded the plan (providing and internal LAN for each year). • Faculty of Law may use the study as well as the action plan with the help of TAPR II to adopt and establish IT.

Library Facilities • Faculty of Law has two libraries (graduate and undergraduate libraries) available to students • Library working hours are from 9: 00am – 6:00 pm (Saturdays through Thursdays) six days a week. • Faculty of Law has no access to any international libraries, or any other internet based electronically accessible materials. • The two libraries include Arabic, English, French and Italian references • The Italian program provided some references and books. • There is a very small English language law book section available. • No access to Lexis/Nexis or any other electronic data services. Google research capability available in all connected computers. • In general, law faculty library will require significant upgrading and refurbishing to cater to the requirements of an LLM program.

IV. GENERAL STUDENT INFORMATION, ADMISSIONS CRITERIA, TESTING ENVIRONMENT Student selection, admissions, retention • The University (or the Faculty) itself generally has no control over the student selection and admission process. They can only increase the minimum acceptable level of the Thanawiyya Amma scores to curb the increasing demand for higher education. • Once a student scores a minimum of around 78-80 percent in the “Thanawiyya Amma” exam (this is the equivalent of the French Baccalaureate for high school graduates who wish to continue on for their university education) requirement, the main requirement for admission to the Alexandria Faculty of Law is fulfilled. The next test for admission criteria would be related to the residence address of the student. A candidate will normally be allowed to gain admission to a specific program of study at a university that is in closest proximity to the student’s domicile. A student does not have the choice to attend a university in a city other than his/her own domicile. • Alexandria University, Faculty of Law has 22,000 undergraduate students. Not all of them are full time, since attendance is not required. • In Egypt, all education is free by law to all citizens. Foreigners ,must pay a very reasonable tuition. Some universities, including the Alex Law faculty has found ways to charge tuition and other fees to Egyptian students, but this does not exceed 2,500 L.E. in the foreign language programs. • There are 3,500 – 3,600 graduate students at Alexandria Law School • Alexandria and Ain Shams Universities are considered more rigid than other universities in grading students.

Alexandria University – Faculty of Law – Diagnostic Assessment Report 20 • Under-evaluation of students is considered a serious problem. Since the student attendance is not required, the assessment of student knowledge in the undergraduate programs can not be based on the assumption that students have been present in all lectures. Thus the questions asked in a typical exam would have to come from the text book followed, and not necessarily on the basis of testing a student’s critical thinking skills. • Normally, students must take their end of academic year exams in June. • The duration of the typical exam is three hours. • Most of the teaching staff members prefer the essay and case questions rather than multiple choices, or true or false questions in testing their students. Depending on the type of course, cases may also be used. These cases may be from a given situation in a court proceeding.

V. Curriculum and teaching plan • The curriculum is available. (Please see attached course schedules for both undergraduate and diploma programs – Master and PhD degree programs unavailable) • All sections are taught same titles, but sometimes different content to suit the needs and the desires of the specific instructor. • Professors are able to change the curriculum and upgrade it without changing the course title. Course titles can only be changed through an approval process reaching the Supreme Council of Universities and the Ministry of Higher Education. This may take an enormously long time, so faculty members try to avoid going to that extreme. • Courses ate taught in Arabic for the Arabic section. As for the English and French sections, some courses are taught in English or French and other courses are taught in Arabic. • Postgraduate courses are all taught in Arabic.

VI. Student Success Rates • The undergraduate scores are: Excellent (91-100%), Very Good (80-90%), Good (65 -79%) and Pass (50 – 64%). • The majority of students get pass grades. (Some grade statistics will be provided by the Faculty) • The faculty uses the cumulative grading assessment system. • In the most current academic year, the senior graduating student scored a cumulative GPA of 87 percent.

VII. Graduates – Job market characteristics; Degrees • Bachelor of Law (Requires Thanayia Amma or any equivalent certificate for admission) • Masters of law (Requires Bachelor of Law Degree as a prerequisite) • Doctorate of Law (Requires Masters of Law degree as a prerequisite • Diplomas (Faculty of Law provides six diplomas) − Private Law

Alexandria University – Faculty of Law – Diagnostic Assessment Report 21 − Public Law − Administrative Science − Criminal Law − Economics and Finance − Public Commerce − Tax Law − Islamic Law (Sharia) (Requires Bachelor’s degree as a prerequisite) • Two diplomas are equivalent to a masters degree (Private Law Diploma or Public Law Diploma should be one of the two diplomas). • The language of instruction in all graduate studies (Diplomas, Masters and PhD).are provided in Arabic language. • There is no student service or career services offices, or fairs (none) • Graduates of the program may mainly seek employment at the prosecutors’ office. Some may try private practice working for a law firm. Many are employed in other professions. In this way, the Egyptian job market for law school graduates is competitive. An LLM program may provide new opportunities for those select few who will take on the challenge of a rigorous program of study at a U.S. institution that will differentiate them from others.

VIII. Program faculty, Selection, retention and their backgrounds • The main method of hiring academic staff in the current system is from the pool of highest scoring graduating students at the bachelor's level based upon their cumulative GPAs. In the most recent year, the top scoring law school undergraduate student earned 87 percent, as a result of which she was offered a junior teaching assistant position in the faculty. She is a USAID graduate law degree scholarship candidate. • Junior teaching assistant lecturers lack experience and the specialized expertise to serve effectively as undergraduate teachers. • Tenure is achieved upon being hired. • Salaries of academic staff are generally very low. Across the ranks, the salary scale consists of a base (which is the same for all within a rank) plus additional increments, the amounts of which vary depending on the number of years of experience and on extra tasks that staff undertake. • Senior administrative staff (deans and chairs) receive negligible monetary compensation for taking on administrative positions. • The normal faculty workload allocation is 8 hours per week for full professors, 10 for associate professors, and 12 for lecturers. The workload seems to leave little time to prepare for teaching. • While remuneration is limited to all staff members and paid on a monthly basis, faculty members are often busy in providing consulting and advisory services, as well as teaching at the newly opened private universities. • Broadly speaking, faculty members (depending on their rank) may earn upwards of 150 L.E. per hour teaching an additional class at the English language programs. This is the equivalent of earning 600 L.E. per a three hour class per week. Tuition based programs are capable of affording this [extra] salary structure. In addition, the senior faculty, especially in the Arab language programs, may have lecture notes that are sold to students at 10 L.E. per book on average. • As a rule, universities do not provide academic staff with computers. Faculty lack access to computers for teaching and research, unless they own their own computers. Research support is very limited. However, there seems to be

Alexandria University – Faculty of Law – Diagnostic Assessment Report 22 research grants available for those faculty who are willing and interested in finding out where they can be accessed. • Faculty of Law members have various backgrounds. Some of the members received their doctorate degree from foreign universities in Europe and USA. • Some eight Alexandria University, Faculty of Law professors are identified as having the potential and the qualifications to teach in the English language LLM Program. These faculty members are: − Moatasm El Gheriani (Cornell and UCB degrees in law), − Mohamed Mattar (Tulane JSD, currently visiting at Johns Hopkins), − Hafiza El Haddad (Previously Dean of Law School, Beirut Arab University), − Mohamed El Feki, − Samy Abdel Hamid (Former Egyptian representative to the UNECCO), − Bourham Atallah, − Galal Mohammadin (Legal advisor for the Industrial Bank in Kuwait), − Hani Dawidar (Current Dean of the Law School, Beirut Arab University) • Within the next 4 year period, Alexandria University Faculty of Law will have 6-7 additional junior level instructors, who will be returning from their studies in the US. • Faculty resumes are available in Arabic and the faculty will send the translated version within one week. (These will be translated in to English)

Faculty Research Productivity • The general environment in Alexandria University Faculty of Law (as in the majority of universities) does not foster research productivity or innovation by staff members. • The main incentive for the majority of faculty members to initiate and publish research is to fulfill the requirements for promotion rather than to produce quality and innovative research. This is actually a broadly generalizable phenomenon at all Egyptian institutions of higher learning, save for a few private institutions. • Inadequate computer equipment, Library and research facilities, lack of access to information for academics, limited funds allocated for research by the university, absence of remuneration for conducting the research, and the deficiency in the relationship between the real sector and universities to support research are among the factors affecting the quality and quantity of research produced by the Faculty of Law, as well as all other Egyptian universities. • Quality research work cited internationally from Egyptian universities is relatively low and disproportionate to the large number of faculty members working in Egyptian universities.

IX. EXTERNAL CONTACTS AND KNOWLEDGE EXCHANGE Twinning Programs • Faculty of Law has a linkage and a twining program with Arab Law Faculty in Beirut. • No other known twinning programs with US or European institutions. Even though the Faculty of Commerce has a close cooperation with George Washington

Alexandria University – Faculty of Law – Diagnostic Assessment Report 23 University School of Management for a Executive MBA program, GWU has not yet allowed its degree to be used jointly with Alex University.

Faculty Exchange

Alexandria University Law Faculty members does not have faculty exchange programs, other than visiting professorships its own faculty has been able to secure at various international programs, including one at Johns Hopkins University.

X. Internal quality evaluation.

Benchmarks and Quality Assurance Criteria • Quality Assurance committee asks Faculty of Law to start the quality assurance process, introducing very generic benchmarks and standards. • Faculty of law members think that the provided standards are incompatible for the faculty of Law. • It is also not easy to develop a set of criteria and strategies on student assessment for financial reasons.

XI. Other Considerations

A. Advantages of the Twinned LLM Program for Alexandria University: • There is no law program similar to LLM program in the legal field in Egypt, though the market is wide open and receptive to such programs. • The LLM program is intended to have appeal for regional students and stakeholders. • There is an increasing demand for international lawyers by international corporations and even among the Egyptian companies. They should be trained in common laws. • Having a legal culture that is responsive to the needs of the globalized economic environment is a major requirement for Egyptian Faculties of Law. • Entry Visa requirement for USA has increasingly become difficult to obtain for most Arab nationals post 9/11 period. Egyptian entry visa is easier to obtain, and living costs in Egypt is much cheaper than the USA. • A large percentage of our graduates are Arabs (1/5 of our students are Arab from all so they are 20 % of the students coming from all Arab countries). • The Arab region students are capable of paying the higher tuitions. • There is an agreement between the members of the Arab League to provide cross memberships among lawyers in the region. The students could easily apply to “Arab Bar Association” membership.

B. Approvals Process for the New Programs at the University Level: • The university board is the key institution, to grant a written approval for amendments and new programmatic changes.

Alexandria University – Faculty of Law – Diagnostic Assessment Report 24 • The process may take between one to a maximum of 6 months for the approval within the faculty. • This may require the final approval from the Legal Sector Committee.

C. English based LLM – Some Observations: • English language program requires critical thinking. There is a dire need to move from memorization based learning to critical thinking. • Students may need courses or orientation program on legal research, legal writing, and negotiation. Some Alex Law Faculty members think that good students may not require this orientation, and will be able to respond well to the rigors of interactive, critical thinking based learning. • Graduates of other law programs might be eligible to apply in the Alex LLM program • The faculty thinks that 15-16 students out of 150 students from the English section are eligible to get a LLM program.

D. LLM Application and Admissions Requirements • Alexandria University Law Faculty is willing to adopt the US partner university criteria for admission. • TOEFL with minimum score of 600 must be required. • Personal statement will be required.

E. Administration and Governance • There will be need for upgrading the administrative staff skills. The administrative people will be able to handle such LLM program after one month of training on computer skills and English language. • Faculty of Law will be able to support and budget its administrative people training through the tuition.

F. Visitations by US Law School Representatives • All Alexandria University Faculty of Law members are available to receive visitors during the month of July.

XII. DIAGNOSTIC ASSESSMENT • The reviewers in discussion with the leading members of faculty of the institution identified a number of issues or matters that deserve further consideration at Alex- University school of law in the interests of continuing improvement. These are: • Further development is needed to ensure that the program and course specifications are complete and actually implemented. • The arrangements for assessment and verifying the academic standards achieved in the undergraduate programmes need to be reviewed by the Faculty. • The appropriateness of chosen methods of teaching and learning need to be addressed, by the development of a teaching and learning strategy.

Alexandria University – Faculty of Law – Diagnostic Assessment Report 25 • The provision of computing facilities and suitable software, together with the absence of a range of adequate computing skills and applications. • Academic contributions and performance of faculty members are not systematically evaluated and rewarded. There is no systematic needs analysis or updating of CVs to inform professional development • The Faculty needs to improve the consistency and transparency of its systems to ensure the academic standards of the degrees it awards. • Assessment practices need to be developed to support the intended learning outcomes of the program. There are weaknesses in the setting of questions, the marking, and the lack of adequate feedback to students. • Faculty members were critical of the low use made of the library by students.

Actions • Faculty CVs, Internal IT report and Grade statistics will be obtained

Documents received

• Course schedules (Arabic) • Graduate Programs (Arabic) • Quality Assurance Program of Alexandria University (English)

Alexandria University – Faculty of Law – Diagnostic Assessment Report 26 Alexandria University

Faculty of Law

Internal Statute

Alexandria University – Faculty of Law – Internal Statute 27

INTERNAL STATUTE

Article 1: Faculty Departments

1. Islamic Shari'a: includes specializations of the religious rules and jurisprudences.

2. Civil Law: includes specializations of the civil law, agricultural law, labor and social insurance law, non-Muslims personal law.

3. Commercial Law: includes specializations of the commercial law, maritime law, aviation law

4. Pleadings Law: includes specializations of civil, commercial and procedure pleadings law.

5. Criminal Law: includes specializations of penal law, criminal law, and criminology and penology.

6. Public Law: includes specializations of constitutional law, political systems, administrative law, administrative ruling, and public administration.

7. Public International Law: includes public international law and international organizations.

8. Private International Law: includes specializations of private international law.

9. Philosophy and History of Law: includes specializations of philosophy of law and history of law

10. Economics and Finance: includes specializations of economics, public finance, and tax legislation.

Article 2: Scientific degrees and diplomas

University of Alexandria, faculty of law grants the following scientific degrees and diplomas:

1. Bachelor of Law

2. Postgraduate Diplomas in one of the following specializations

a. Private Law

b. Public Law

c. Economics and Finance

d. Islamic Shari'a

e. Maritime Law

f. International Law g. Criminal Law

Alexandria University – Faculty of Law – Internal Statute 28 h. Administrative Sciences

3. Specialized Diplomas from one of the following institutes:

a. Tax Studies Institute

b. Labor Law Institute

4. Masters of Law 5. Doctorate of Law

Article 3: Bachelor of Law

Item 3: Curriculum description - Islamic Shari'a - Agricultural Law - Criminality and Penalty Science - Commercial Law - Political Systems and the constitutional Law - Maritime Law - Public Finance and Tax Legislations - Pleadings Law - Private International Law - Aviation Law - Labor and Social Insurance Law - Civil Law - Public Administration - Criminal Law - Personal Status Law for Non-Muslins - Administrative Law - Public International Law - History of Law - International Organizations - Procedures Law - French or English Language/ Terminology - Economy

Item 4: the duration of the study is 30 weeks, divided into two semesters. The following tables show the distribution of courses:

Alexandria University – Faculty of Law – Internal Statute 29

Year One

First Semester: Courses # of Hours/ week - Introduction to Legal Sciences 6 - International Organizations 4 - Criminology and Penology 4 - History of Social and Legal Systems 4 Total 18 Second Semester: Courses # of Hours/ week - Islamic Shari'a (introduction to the Islamic 4 jurisprudence) - Political Systems and the Constitutional Law 6 - Economics (economic systems, production 6 theory, price theory) - Foreign Language and Legal Terminology 2 Total 18

Year Two

First Semester: Courses # of Hours/ week - Civil Law (commitment Standards) 4 - Administrative Law 6 - Islamic Shari'a (marriage and divorce) 4 - Economics (Money, Banking, International 4 Economic Relation) - Personal status Law for Non-Muslims 2 Total 20 Second Semester: Courses # of Hours/ week - Civil Law (commitment rules) 4 - Criminal Law 6 - Public International Law 4 - History of the Egyptian Law 4 - Foreign Language and Legal Terminology 2 Total 20

Alexandria University – Faculty of Law – Internal Statute 30

Year Three

First Semester: Courses # of Hours/ week - Civil Law (civil contracts) 6 - Criminal Law (Private Section) 6 - Commercial Law 6 - Labor and Social Insurance Law 6 Total 24 Second Semester: Courses # of Hours/ week - Administrative ruling 6 - Islamic Shari'a (inheritance – will–entailment) 4 - Pleadings Law 6 - Finance and Tax Legislation 6 - Legal course (in English language) 4 Total 26

Year Four First Semester Courses # of Hours/ week - Private International Law 6 - Islamic Jurisprudence 4 - Forced execution 4 - Public Administration Law 4 - Maritime and Aviation Law 4 Total 22 Second Semester: Courses # of Hours/ week - Civil Law (Money and Insurance) 6 - Criminal Procedures 6 - Commercial Law 6 - Agricultural Law 2 Total 20

Alexandria University – Faculty of Law – Internal Statute 31 Item 5: Foreign language and legal terminology course is limited to first and second year students. Students select either English language or French language to study.

Item 6: • Legal Study Course is limited to third year students. The study must be either in English language or in French language. • Two-hour practical training per week is included into the syllabus, as follows: o Year One: Introduction to Economy o Year Two: Juridical Applications o Year Three: Juridical Applications o Year Four: Juridical Applications Item 7: Practical training is limited to full time students. The faculty board identifies topics of the judicial applications at the beginning of each academic year. Students' performance is evaluated, and scores are added to written and oral exams scores. The maximum score of the practical training is 20.

Item 8: Full time students have to attend not less than 75% of the study courses and/or lectures in each subject. All cases of students who have not fulfilled this requirement shall be decided by the faculty board.

Item 9: Two semester exam system is applied in all study years. Article four shows exam schedules. Oral exams schedules are provided in March of each year.

Item 10:The duration of each exam is 3 hours. The faculty board may change the duration in certain conditions.

Item 11: The maximum score of each subject is 20.

Item 12: First – Success grades are as follows - Excellent 90% and more of the total score - Very Good from 80% to less than 90% of the total score - Good from 65% to less than 80% of the total score - Pass from 50% to less than 65% of the total score Second – Failure grades - Weak from 25% to less than 50 % of the total score - Very Weak less than 25% of the total score Item 13: Students are eligible to move from one level to the higher level, if s/he succeeded in all subjects, or if s/he succeeded in all subjects but two subjects. S/He may carry over up two subjects to the following year. As for final year (fourth year) students, may carry out their exams in the two failed subjects in September.

Item 14: The total score is calculated cumulatively. The final grade is determined according to the total of scores of the four years.

Alexandria University – Faculty of Law – Internal Statute 32

Article 4: - Postgraduate Diplomas and Specialized Diplomas - Masters and Doctorate of Law

A. Postgraduate Diplomas and Specialized Diplomas

Item 16: Applicants must have a bachelor of law from one of the Egyptian Universities or a recognized equivalent institution. The faculty board determines the number of accepted applicants to join the diploma program. Selection criteria are based on applicants' graduation scores.

Item 12: The following tables show different diploma courses:

First – Private Law Diploma Obligatory Courses Courses # of Hours/ week 1. Civil law 3 2. Comparative civil law 3 3. Commercial law 3 4. Pleading law 3 Elective Courses

5. One elective course from the following: Courses # of Hours/ week A. Private international law 3 B. Roman law 3 C. History of the private law 3 D. Philosophy of law 3 E. Islamic Shari'a 3 F. Labor and insurance law 3 6. Research seminar 2 Total: 17

Alexandria University – Faculty of Law – Internal Statute 33

Second - Public Law Diploma Obligatory Courses Courses # of Hours/ week 1. Political systems & constitutional law 2. Administrative law 3. Criminal law 4. public international law Elective Courses 5. One elective course from the following: Courses # of Hours/ week A. Public finance and tax legislation 3 B. History of Public law 3 C. Philosophy of law 3 D. International Organizations 3 6. Research seminar 2 Total: 17

Third – Economics and financial Science Diploma Obligatory Courses Courses # of Hours/ week 1. Public Finance 3 2. Economy 3 3. History of Financial and economic ideologies 3 4. Applied economy 3 Elective Courses 5. One elective course from the following: Courses # of Hours/ week A. International economy and economic 3 development B. Business economy 3 C. Economic law 3 D. Measurable statistics and economy 3 E. Comparative economic systems (money – 3 banking - credit) F. Islamic economy 3 6. Research seminar 2 Total: 17

Alexandria University – Faculty of Law – Internal Statute 34 Fourth – Islamic Law Diploma

Obligatory Courses Courses # of Hours/ week 1. General jurisprudential ideologies 3 2. Jurisprudential 3 3. Personal status 3 4. Comparative Islamic jurisprudential 3 Elective Courses

5. One elective course from the following: Courses # of Hours/ week A. international Islamic law 3 B. criminal Islamic law 3 C. Islamic ruling systems 3 D. Interpretive judgment in Islam 3 6. Research seminar 2 Total: 17

Fifth – Maritime Law Diploma

Obligatory Courses Courses # of Hours/ week 1. Commercial maritime law 3 2. Public international maritime law 3 3. Public international maritime law 3 4. Maritime insurance law 3 Elective Courses 5. One elective course from the following: Courses # of Hours/ week A. Maritime environment law 3 B. Maritime labor law 3 C. Maritime transportation law 3 6. Research seminar 2

Total: 17

Alexandria University – Faculty of Law – Internal Statute 35 Sixth – Criminology Diploma

Obligatory Courses Courses # of Hours/ week 1. Penal law 3 2. Criminal procedure law 3 3. criminology and penology 3 4. Islamic criminal law 3 Elective Courses 5. One elective course from the following: Courses # of Hours/ week A. Complementary criminal law 3 B. Economic criminal law 3 C. Comparative criminal law 3 D. International criminal law 3 E. Criminal psychology 3 F. Criminal clue 3 6. Research seminar 2 Total: 17

Seventh – International Law Diploma

Obligatory Courses Courses # of Hours/ week 1. Public international law 3 2. Private international law 3 3. International organizations 3 4. International judiciary 3 Elective Courses

5. One elective course from the following: Courses # of Hours/ week A. International Economic relations 3 B. International Islamic law 3 C. International human rights law 3 D. Public international maritime law 3 E. Diplomatic and consular law 3 6. Research seminar 2 Total: 17

Alexandria University – Faculty of Law – Internal Statute 36

Eighth – Administrative Sciences Diploma Obligatory Courses Courses # of Hours/ week 1. Fundamentals of administrative organization - 3 comparative study 2. Judiciary review on administration business 3 3. Constitutional review 3 4. Environment protection law 3 Elective Courses

5. One elective course from the following: Courses # of Hours/ week A. The general ideology of the Islamic 3 state B. Administrative contracts 3 C. Principles of public utilities 3 6. Research seminar 2 Total: 17

Item 18: In addition to the above listed courses, the study includes other courses identified by the department board. Students must carry out written and oral exams in all determined courses. Item 19: Each department board organizes a two-hour seminar every week. Diploma students participate in the seminars weekly each according to his/her specialization. By the end of the academic year, each student submits a written research paper and carry out an oral discussion in his/her research paper topic. Seminar participation and the submitted paper are considered as one course. The maximum score of the seminar participation and the research paper is 20.

Item 20: Postgraduate exams are held twice a year; at the end of the academic year and at the beginning of the coming year. Students who failed for four times are not eligible to register to postgraduate studies.

Item 21: Students carry out written and oral exams. Students have to` pass the written exams to carry out oral exams.

Item 22: If students has carried out an elective course in another diploma, s/he should select another course.

Item 23: Success grades are as follows • Excellent 90% and more of the total score • Very Good from 85% to less than 90% of the total score • Good from 75% to less than 85% of the total score • Pass from 70% to less than 75% of the total score

Alexandria University – Faculty of Law – Internal Statute 37 Students who obtain less than 70% are considered failed and they are entitled to repeat all courses.

The maximum score of each course is 20.

B. Specialized Postgraduate Institutes

Item 15: Applicant for specialized graduate diploma must have a bachelor of law degree from one of the Egyptian Universities or any equivalent institute. The faculty board may allow graduates who have a bachelor degree in other specialization other than law to register.

Item 26: The duration of study in the specialized postgraduate institutes is two academic years.

Item 27: Students are awarded a specialized diploma after passing the specialized diploma exams.

Item 28: Items from 20 to 24 are applied to specialized diploma students. Item 29: Specialized diploma student is not eligible to register for the doctorate degree unless s/he obtains public or private law diploma out of the two obtained diplomas.

Item 30: The following tables describe specialized diplomas' courses

Alexandria University – Faculty of Law – Internal Statute 38 Specialized Institutes Institute of Taxation Studies Year One Obligatory Courses Courses # of Hours/ week 1. General ideology of taxes 3 2. Comparative taxation systems 3 3. financing and loaning Ideologies 3 4. Egyptian taxation system 3 Elective Courses

5. One elective course from the following: Courses # of Hours/ week A. Financial law 3 B. Islamic taxation system 3 C. Economic penal law 3 D. Dual international taxation 3 E. Government accounts 3 F. Taxes and distribution rules of income 3 Total: 15

Year Two Obligatory Courses Courses # of Hours/ week 1. Income tax 3 2. Consumptions and sales taxes 3 3. Customs duties 3 4. taxes and local duties 3 Elective Courses

5. One elective course from the following: Courses # of Hours/ week A. tax accounting methodologies 3 B. Procedures, conflicts and tax judiciary 3 C. Projects finance and taxes 3 D. Tax exemptions 3 Total: 15

Alexandria University – Faculty of Law – Internal Statute 39

Institute of Business Law Year One Obligatory Courses Courses # of Hours/ week 1. Project legal systems (individual project – 3 companies) 2. Project economics 3 3. legal methodologies of finance, credit and 3 bourse procedures 4. International trade law 3 Elective Courses 5. One elective course from the following: Courses # of Hours/ week A. Legal system of the public sector and 3 its corporations B. Cooperative projects 3 C. Investment law 3 D. Multi-national projects 3 Total: 15

Year Two Obligatory Courses Courses # of Hours/ week 1. Economic contracts 3 2. labor and social insurance law 3 3. projects taxes 3 4. knowledge and technology transcription rights 3 Elective Courses 5. One elective course from the following: Courses # of Hours/ week

a. consumer protection an antitrust 3 legislations

b. Environment protection law 3

c. Development international law 3

d. Economic criminal law 3 Total: 15

Alexandria University – Faculty of Law – Internal Statute 40

C. Masters Degree in Law

Item 21: 1. Applicants must have a bachelor degree of law from one of the Egyptian Universities or any recognized equivalent institution. 2. Applicant must have a postgraduate diploma from Cairo university, faculty of law or any equivalent university. 3. Applicants must conduct a research for at least one year in a topic previously approved by the faculty board. 4. Applicant must submit a dissertation with his/her research results to the arbitration committee. Students will discuss the dissertation in public. Item 22: − Applicant must finish his/her masters within four years starting from the registration day. − Applicant must print his/her dissertation upon arbitration committee approval and provide the faculty with 25 copies to be distributed to arbitration committee members and to be kept at the faculty library.. Item 24: Graduates students may obtain; - Masters of Law - Masters of law with grade standing of "Good". - Masters of law with grade standing of "Very Good".

D. Doctorate Degree Item 25: Applicant must have;

1. Two postgraduate diplomas (one of the two diplomas must be in public law or in private law), or masters degree in law, or a specialized diploma in one of the above listed specializations in addition to public or private law diploma from one of the Egyptian Universities or any equivalent institution.

2. Applicant must conduct a research for at least one year in a topic previously approved by the faculty board.

3. Applicant must submit a dissertation with his/her research results to the arbitration committee.

Item 26: Applicant level of a foreign language should be satisfactory.

Item 27: Dissertation topic should be related to one of applicant's obtained diplomas.

Item 28: Applicant submits registration application to obtain the dean and faculty board approval. The faculty bard issues a decree with the dissertation supervisor according to item 98 of the executive statute of the law of Universities organization. The dissertation supervisor prepares an annual report applicant research. The maximum duration to finish the masters study is four years.

Alexandria University – Faculty of Law – Internal Statute 41

Item 22: Applicant must print his/her dissertation upon arbitration committee approval and provide the faculty with 25 copies to be distributed to arbitration committee members and to be kept at the faculty library. Item 24: Graduates students may obtain; o Doctorate of Law o Doctorate of law with grade standing of "Good". o Doctorate of law with grade standing of "Very Good".

Alexandria University – Faculty of Law – Internal Statute 42

ALEXANDRIA UNIVERSITY

FACULTY OF LAW

STUDENT HANDBOOK 2004 – 2005

Alexandria University – Faculty of Law – Student Handbook 43

STUDENT HANDBOOK

I. FACULTY STRUCTURE:

• Dr. Magdi Mahmoud Shehab − Dean of Faculty • Dr. Fotouh Abdullah Al Shazli − Vice Dean for Postgraduate Studies • Dr. Osama Mohammad Al Fouli − Vice Dean for Environmental and Community Development Affairs • Dr. Ahmad Awad Hindi − Vice Dean for Educational and Student Affairs

II. FACULTY MEETINGS The faculty administration is chiefly responsible for holding departmental meetings which comprise of all departments members of staff to discuss academic issues related to departments. Faculty meetings handle decision-making processes in administrative, faculty and student affairs in addition to students' results and setting special consideration criteria.

III. FACULTY DEPARTMENTS The faculty consists of three departments:

1. The General (Arabic) Department that offers courses in Arabic for full-time and part-time students.

2. The English Department that offers courses in English for students scoring 75% and above in the Thanawiyya 'Amma exams and who wish to study in English.

3. The French Department that offers courses in French for students scoring 75% and above in the Thanawiyya 'Amma exams and who wish to study in French.

IV. FACULTY HISTORY • The Faculty was established in 1938 as the Alexandria branch of the Faculty of Law, Fouad I University. • Classes started in Bacchus, October 15, 1938. The first class graduated in May 1941. • On the 22nd of August, 1942, Farouk I University was established, consisting of seven faculties (Arts, Law, Medicine, Science, Engineering, Agriculture and Commerce.) The premises of the Faculty of Law were moved to the Abbassiyya Secondary School premises in Muharram Bek and in 1946, it was moved again to the Etoria Italian School in Shatbi. • In September 1961, a new building was constructed for the Faculty which remains to be the faculty premise till the present day.

Alexandria University – Faculty of Law – Student Handbook 44 • The Faculty offers the following degrees: BA in Law, PhD in Law and postgraduate diplomas in: Special Law, General Law, Economic and General Finance, Islamic Shari'a, Criminal Studies and Administrative Studies. Diplomas are obtained within one year and are equivalent to Master degrees. Students may choose to obtain one diploma and write a thesis to obtain the master degree. There is also a diploma in tax studies available.

V. EXAMINATIONS GUIDELINES The academic year is divided into two semesters. Students are examined in the courses that they have studied every semester. The examinations are held in January for the first semester and in June for the second.

Grades indication passing or failure are as follows: • Distinction (90% and above) • Very Good (80% - 90%) • Good (65% - 80%) • Pass (50% - 65%) • Weak (35% - 50%) • Very weak (less than 35%) Students are promoted to the higher academic year if they pass all the courses or failed in not more than two courses whether pending from a previous year or in the academic year that the student is registered in.

Students are granted a special consideration to change status from 'failed' to 'absent', or from 'absent' to 'pass' in accordance with the decisions made by the faculty meeting in the end of every academic year. The last passing grade approved in last year's faculty meeting was 6 points. Fourth-year students who were absent in one or two exams can take the exams again in the month of October following the academic year they were registered in. The general grade for a BA degree is calculated by adding up the points obtained throughout the four years of study (accumulative total.) The minimum accumulative grades for BA degrees are as follows: Good: 430, Very Good: 640 and Good: 468 for part-time students.

A student is allowed to register for the first year for two years only, i.e. twice. If the student fails in two years in succession, he/she is dismissed. In the second year, a student is dismissed if he/she fails for three years after being granted 12 points as a special consideration procedure in accordance with the decision made in the faculty meeting of the preceding academic year. Third-year students have five opportunities, three of which allow them to take the exams abroad. Fourth-year students are dismissed only if they exceeded five times of registration and if they fail more than half of the courses.

Alexandria University – Faculty of Law – Student Handbook 45

VI. FACILITIES 1. Library The library is an academic one specialized in the fields of law, legislation and economics. The library is divided into: A. Postgraduate Library: This library provides its services to faculty members, seconded professors and students registered for PhD degrees or enrolled in diploma programs. The library working hours are: 8:30 am – 9:00 pm in winter and 8:30 am – 2:00 pm in summer. Location Description: • The academic building's first floor consists of six halls: i. Civil and International Law Hall ii. Dissertations Hall iii. Commercial, Maritime and Aviation Law Hall iv. Civil Procedure Law and History of Law Hall v. Islamic Shari'a Hall vi. Public International Law Hall

• The academic building's first floor consists of four halls: vii. Criminal Law Hall viii. Administrative and Constitutional Laws Hall ix. Economic Law Hall x. Periodicals Hall

• Borrowing Regulations: Faculty can borrow up to 20 books for a whole academic year. Assistant lecturers and junior assistant can borrow up to 10 books for a whole academic year

B. Undergraduate Students Library: The library is characterized by a modern French architectural design and was built to accommodate 320 students and has advanced research facilities and updated resources. A modern photography library and a small cafeteria have been recently added. The library aims at supplying undergraduate students with textbooks in order to eradicate the problem of university textbooks and to provide studying space for them. .

2. Court

The Court was established for students to receive ongoing training for all procedures that take place in courtrooms. The Court is supervised by counselors.

Alexandria University – Faculty of Law – Student Handbook 46 3. Conference Hall

A fully equipped conference hall is available on the second floor of the academic building to host Master and PhD theses defenses. The hall can accommodate 200 persons.

4. The Administration & Student Affairs Building The Administration and Student Affairs building is located independently at the right side of the Faculty of Law. The Student Affairs Office is on the ground floor while the Office of Student Services, providing support for student activities and assistance, lies on the second floor.

5. Auditoriums and Conference Halls The Faculty has a large auditorium (Professor Ali Badawi Auditorium) that can host more than 1,000 students and a smaller auditorium (Professor Hussein Fahmy Auditorium) that can accommodate approximately 800 students. Both auditoriums are used for lectures of the General Arabic Department (for full-time and part-time students.) The English and French departments use two auditoriums in the Examinations and the Administration & Student Affairs buildings. The Examinations Building also has two floors for small-size classes.

6. The Academic Affairs Building The ground floor of the Academic Affairs building has the Students Library, while the Postgraduate Library lies on the first and third floors. Offices of the Dean and Vice Deans are located on the first floor. The remaining floors have the faculty offices and control units.

VII. STUDENT SUPPORT SERVICES Any student who is not able to attend classes due to unavoidable circumstances should notify the Faculty administration of the period of his/her absence. If the leave of absence is due to a health condition, the student must submit a statement to the Faculty administration notifying his/her intention to be absent from classes and the period of absence.

A student may apply for transfer from or to the faculty provided that the transfer takes place before the first day of classes. Reasons for applying for transfer must be presented and the geographical location of the student's residence has to be observed.

Bachelor degrees are not granted to male students until they fulfill their military service requirements before graduation. Also, BA degrees are only granted to students who have not settled all outstanding tuition fees before graduation.

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Student Rights: • All students have the right to attend classes and take examinations according to announced schedules, and to buy subsidized university textbooks. • All students have the right to participate in all cultural and social activities and to be nominated for the Student Union elections which take place under the supervision of the Office of Student Services on the second floor of the Administration building. • All students have the right to apply for financial aid to assist them with tuition fees and the purchase of university textbooks. Part-time students can also apply for financial aid which can provide support for half of the tuition fees. Applications are submitted to the Office of Student Services. • All full-time, part-time and overseas students have the right for admission to the campus. • Part-time students may apply to be transferred to full-time status provided that the grade is at least 'Good.' Full-time students may also apply to be transferred to part-time status. • Student complaints are submitted to the faculty administration on the first floor of the Academic Affairs building.

VIII. ADMISSION PROCEDURES A. Medical Examinations

Once the results of the University Students Placement Office (tansiq) are posted, the Faculty announces the schedule of medical examinations for full-time students accepted for admission. Every student obtains a medical examination form bearing the student name and photograph and goes to the Faculty clinic to have the medical examination done in accordance with the announced schedule. Once he/she passes the examination, the student must get the medical examination form stamped and submit the stamped form to the Student Affairs Office to complete the admissions procedures.

B. Military Service

In accordance with the Military Service law, full-time and part-time students applying to the Faculty who will complete the age of 19 by the beginning of the First Year must submit their military service cards which can be obtained from police stations near their residential addresses.

C. Awards

Excellence awards are granted to the top 30 students newly admitted to the Faculty who have scored the highest grades in Thanawiyya 'Amma (Science Section) and to the top 10 students newly admitted to the Faculty who have scored the highest grades in Thanawiyya 'Amma (Arts Section.) The award is LE120, given annually to each student. An award of LE84 is also given annually to every student who scored 80% and above other than the 40 students receiving awards.

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The awards continue to be granted if the students receiving them maintain a general grade of 'Very Good.' Students receive the awards from the Cashier's on monthly installments during the academic year starting November till June.

D. Students Applying with University/Higher Institutions Degrees

The Faculty accepts applications from students who have already graduated from other universities or higher institutions for obtaining additional degrees. These students can apply in October or June and are admitted as part-time students during the first academic year in accordance with the regulations set by the faculty meeting. The degree obtained by student applicants should be preceded by Thanawayyia 'Amma certification and male students should submit certificates indicating their fulfillment of military service requirements.

E. Students Dismissed from Faculties other than Law

The faculty accepts applications submitted by students who were dismissed (due to exceeding the number of registration) from faculties other than Law in October and June. Admission in this case is contingent upon the following: • Applicants should not have a history of dismissal for other reasons. • Applicants should meet the course requirements set by the faculty. • The Thanawiyya 'Amma set by the Faculty for admission should be equivalent to the one obtained by the applying student in the year in which he/she obtained his/her Thanawiyya 'Amma degree, on in the year he/she was dismissed -- whichever is in favor of the student.

F. Student Disciplinary Actions

Registered full-time, part-time students and auditors are subject to student disciplinary actions in any of the following cases: • Any action that violates the regulations set by the Faculty • Intentionally disrupting classes or inciting others to stop attending classes • Any action that violates the codes of ethics, honor and integrity on and off campus • Any damage or impairment done to the Faculty facilities • Participating in any activity or organization that is not approved by the university's authorities • Distribution of circulars, issuing newspapers or gathering signatures without obtaining prior authorization • On-campus sit-ins or demonstrations that cause disruption to the university classes or that violate the university regulations • Any student who is caught cheating or intending to cheat in an examination is immediately dispelled from the examination committee by the Dean, is denied admission to the rest of the exams, and is referred to a disciplinary action committee.

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Disciplinary Actions include: • Verbal or written warning • Official warning letter • Denial of student services • Denial of attending classes for one month at most • Dismissal from the Faculty for one month at most • Denial of attending the exams of one or two courses • Putting students registered for MA or PhD programs on probation for two months or one academic semester at most • Dismissal from the Faculty for one academic semester • Denial of attending the exams for one academic semester • Dismissal from the Faculty for more than one academic semester • Dismissal from the University. All Egyptian universities are officially notified of the student dismissal. The dismissed student becomes ineligible for applying to other Egyptian universities. Disciplinary actions are announced in the Faculty and parents of the student are notified with them. Any disciplinary action taken is kept in the student record. The University Council may reconsider a disciplinary action after at least three years of the date of issuing the disciplinary action.

Disciplinary Action Authorities • Professors and Assistant Professors have the authority to take the first four disciplinary actions mentioned above in issues related to student classes and activities. • The Faculty Dean is authorized to take the first eight actions mentioned above. Cases requiring dismissal from the university are submitted to the Disciplinary Action Committee. • The Disciplinary Action Committee has the authority to take all eleven actions mentioned above. Action no. (5) can only be applied after a hearing session is held with the student and a report is submitted with his/her statement. If the student does not attend the hearing session on the scheduled time, he/she is denied the right for making a statement and the disciplinary action proceeds accordingly. The student, however, may submit an appeal against taking the disciplinary action against him/her in absentia within one week of receiving the official note of the action. Appeals are submitted to the Office of the University President within 15 days of the student's receiving the official note of the action to be considered by The University Presidential Council.

Student Medical Care The University offers medical care services to its students in the University hospital in Bab Sharqi (Horriyya Road) or through the university clinics.

Alexandria University – Faculty of Law – Student Handbook 50

Student Services

The General Department of Student Services offers the following: • Sports activities • Social activities (such as organizing trips…etc) • Cultural and artistic events • Community services

Students Social Fund also provides services to students for the following: • Monthly financial support for deserving students throughout six months of the academic year • Purchasing artificial limbs and other devices and equipment for handicapped students • Financial support for medical treatments the students receive in hospitals that are not affiliated to the university • Financial support for family crises such as deaths • Providing daily stipends for students working in community-service projects (LE5/day)

Alexandria University – Faculty of Law – Student Handbook 51 Curriculum Outline Bachelor Degree Courses • Islamic Shari'a • Agricultural Law • Criminality and Penalty Science • Commercial Law • Political Systems and the constitutional Law • Maritime Law • Public Finance and Tax Legislations • Pleadings Law • Private International Law • Aviation Law • Labor and Social Insurance Law • Civil Law • Public Administration • Criminal Law • Personal Status Law for Non-Muslins • Administrative Law • Public International Law • History of Law • International Organizations • Procedures Law • French or English Language/ Terminology • Economy

I. Year One 1. Islamic Shari'a – Fundamentals of Islamic Jurisprudence a. Islamic Shari'a and Islamic Jurisprudence • History of Islamic Jurisprudence b. General Theories in Islamic Jurisprudence • Rights, Objects and Ownership • Contract Theory in Islamic Jurisprudence 2. Introduction to Legal Study

a. Theory of Law • Definition of law • Classification of Laws • Sources of Law • Application of Law b. Theory of Rights • Definition of Rights • Classification of Rights • Elements of Rights • Sources of Rights 3. History of Law (History of Legal and Social Systems): a. General Theory of Law, Private Justice, Divine Rules, Customs (The ancient codes).

Alexandria University – Faculty of Law – Student Handbook 52

b. Semitic Laws in the Arab States before Islam (Pharaonic Law, Babylonian Law, and Jewish Law).

4. Political Economy:

a. Economic Problems • Economic Activities (Economic Structure - Content of Economic Structure) • Elements of Economic Structure b. Production (National Production) • National Accounts • National Planning • The level of National Product • Finance (Money Capital) • Factors of Production c. Productivity Process • Production Function • Productivity Projects d. Price Theory

5. Political and Institutional Systems a. Theory of the State

b. Principles of Political Organizations

c. Government d. Individual Rights or Civil Liabilities

e. Egyptian Constitutional System

6. International Organizations

a. General Theories of International Organizations

b. Regional Organizations

c. United Nations Specialized Organizations

7. Criminology and Penology

a. Criminology • Criminology and Criminal Sciences • Criminological Theories in Explaining Criminal Behaviour • Criminological Factors − Internal Criminological Factors

Alexandria University – Faculty of Law – Student Handbook 53 − External Criminological Factors b. Penology • Systems of Punishment • Criminal Sanctions • Prison and penitentiary Systems • Treatment Inside Prisons • Treatment Outside Prison • Conditional Release and Parole Systems • Suspended Sentence and Probation Systems • Post-release Care of Prisoners

8. Legal Terms In English or French (Optional) 9. Family Law of Non-Muslims

II. Year Two

1. Islamic Family Law a. Marriage Contract and its legal effects

b. Dissolution of Marriage (Divorce and Repudiation)

c. Rights of Sons and Daughters 2. Civil Law

Theory of Obligations

a. Sources of Obligations (Contracts, Unilateral Act, Unjust enrichment, Torts and Obligation by Law)

b. General Rules governing obligations (Implementation of Obligations) ƒ Modalities of Obligations ƒ Transfer of Obligations ƒ Extinction of Obligations c. Rules of Evidence ƒ Substantive Rules a. Burden of Proof b. Object of Proofs c. Means of Proof d. Procedural Rules ƒ General Procedural Rules of Evidence Before Courts ƒ Specific Procedural Rules of Evidence Before Courts 3. Criminal Law – The General Part

Alexandria University – Faculty of Law – Student Handbook 54 a. General Theory of Crime, Punishment and Security Measures ƒ Legal Elements of Crime ƒ Causes of Justification ƒ Exercise of Right ƒ Legal defense (self-defense) ƒ Exercise of Authority ƒ Consent of Victim b. Legal Structure of the Crime ƒ Material Element of the Crime ƒ Attempted Crime ƒ Criminal Participation ƒ Mental Element of the Crime ƒ Causes of Non-Responsibility ƒ Criminal Intent ƒ Criminal Negligence c. General Theory of Punishment and Security Measures ƒ Punishment ƒ Kinds (forms ) of Punishment ƒ Application of Punishment ƒ Judicial Discretion in the application of Punishment ƒ Causes of Attenuation and Aggravation of Punishment ƒ Extinction of Punishment ƒ Security Measures ƒ Theory of Dangerousness ƒ Types of Security Measures 4. Administrative Law

a. Concept of Public Fund

b. Administrative Functions c. Civil Service

d. Administrative Policing

e. Public Utilities f. Administrative Decisions

g. Administrative Processes

h. Government Contracts i. Judicial Review of Administrative Actions

5. The History and Philosophy of Egyptian Law

a. Egyptian Law Theory

Alexandria University – Faculty of Law – Student Handbook 55

b. Egyptian Law Eras

c. The Political, Social, Economic Circumstances and Legal System Through the Ptolemy –Roman and Islamic Period

d. Relationship between the Egyptian Law and Contemporary Systems. 6. International Economic Relations

a. Balance of Payment ƒ Differences of the Relative Costs as a Base of International Specialization ƒ The Base of Differences of the Relative Costs ƒ Balance of International Payment b. Money and Banking

c. Monetary Policy

7. Public International Law

a. General Theories ƒ International Law Concept ƒ International Law Sources b. State ƒ Territory ƒ Population ƒ Sovereignty ƒ Diplomatic and Consular Regulations ƒ International Responsibility c. Armed Conflicts and Neutrality 8. Legal Terms in English Language of French (Optional)

III. Year Three

1. Islamic Legislation

a. Law of Succession

b. Law of Wills and Walk (Islamic Trust)

2. Civil Law

a. Theory of Obligations

b. The Main Civil Contracts (Sale, Lease and Insurance) 3. Commercial Law

a. General Theory Of Commercial Law

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i. Theory of Commercial Activities and Merchant ii. Industrial Property iii. Business Enterprise b. Commercial Partnership and Companies iv. General Theory of Partnership and Companies v. Public Partnership, Silent Partnership, Joint Stock Companies, Limited Partnership by Shares and Private Limited Companies. 4. Criminal Law, Specific Offences (Special Part) a. Crimes Against Public Interest

b. Corruption

c. Crimes Affiliated with Corruption d. Crimes Against Public Funds

e. Crimes Against Public Faith

f. Money Counterfeiting g. Falsifying seal, fiscal Paper and Marks

h. Forgery in written documents

i. Crimes Against Persons j. Crimes Against Life

k. Crimes Against Bodily Security Crimes Against Sexual Integrity

l. Crimes Against Consideration and Honor m. Crimes Against Property (Theft, Robbery, Obtaining by False Pretence and Crimes of Embezzlement) 5. Judicial Review and Administrative Action and Constitutionality of Law

a. Principles of Legality

b. Organization of Judicial Review

c. Criteria for Coseil d'Etat (State Council) Jurisdiction

d. Action for Annulment of Administrative Decision

e. Action for Damages

6. Civil Proceedings

a. Judicial Protection

b. Judicial Action

c. Appointment of Judges

d. Judicial Independence

e. Jurisdiction

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f. Parties of Law Suit

g. Theory of Procedures h. Procedures Before Courts

i. Judgments and Appeals

7. Public Finance and Fiscal Legislation a. Public Expenditures

b. Public Revenue

c. The Egyptian Tax Legislation 8. Labor Law

a. Individual Relations vi. Definition of Labor contract and its distinction from Similar Contracts vii. Formation of Labor Contract viii. Labor Contract effects ix. Extinction of Labor Relationships b. Collective Labor Relations x. Collective Agreement xi. Labor Syndicates xii. Collective Disputes 9. National Law and Status of Foreigners

a. Nationality xiii. Acquisitions and Loss of Nationality in the Comparative Law xiv. Nationality and International Law: Multi-nationality, Statelessness xv. Acquisition, Loss, Proof and Disputes Relating to Nationality in municipal Law (Egyptian Nationality Law) b. Status of Foreigners (Aliens) xvi. The Legal Position of Foreigners in General xvii. The Legal Position of Foreigners according to the Egyptian Law. 10. Legal Terms in English Language or French (Optional)

IV. Year Four

1. Fundamentals of Islamic Jurisprudence

a. Sources of the Legislative Verdict

2. Civil Law a. Sources of Property

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xviii. General Rules of Ownership xix. Classification of Ownership xx. Intellectual Property b. Real Securities xxi. Mortgage xxii. Lieu xxiii. Charges 3. Commercial Law a. Negotiable Instruments ƒ Bill of Charge, Checks, Promissory Notes b. Banks Operations ƒ Deposit Accounts, Current Accounts, Bank Grio System and Safe Custody ƒ Documentary Credits and Letters of guarantee c. Commercial Contracts ƒ Agency and Brokerage contracts, Commercial Sale Contracts, Contracts and Land Transport ƒ Documentary Credits and Letters of Guarantee d. Bankruptcy ƒ Maritime and Aviation Laws ƒ Maritime Law (ship, ship crew, maritime agencies, carriage of goods by sea and contract of carriage of passengers by sea) ƒ Aviation Law (Characteristics of airplane, plane crew, carriage of goods by air and contract of passengers by air) 4. Contracts of Private International Law

a. Definition, Nature and Scope of Private International Law b. Conflicts of Laws ƒ General Theory ƒ Elements Constituent of the Conflict of Laws Phenomenon ƒ Methods for solving the different conflict of laws rules ƒ Preliminary Topics of the Conflict of Laws Rules: Classification, Proof of Foreign Law, Exclusion of Foreign Law ƒ The Egyptian Conflict of Law Rules Relating to Family Law, Obligations Law and Property Law ƒ Elements Constituents of the Conflict of Law c. Conflict of Jurisdictions ƒ Proceedings Governed by the Law of the Forum ƒ International Jurisdiction of the Egyptian Courts ƒ Recognition and Enforcement of Foreign Judgments 5. Criminal Procedures

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a. Nature and Characteristics of the Law of Criminal Procedures

b. Legal Systems of Criminal Procedure c. Legality of Criminal of Criminal Procedures

d. Criminal Action

e. Parties in the Criminal Action f. Extinction of the Right to Criminal Action

g. Civil Action Ancillary to Criminal Action

h. Condition of Jurisdiction Related to Civil Action Before Criminal Courts i. Conditions of Acceptability of Civil Action Before Criminal Courts

j. General Theory of Nullity

k. General Theory of Criminal Jurisdiction l. General Theory of Criminal Evidence

m. Pre-trial Procedures

n. Police Investigation (Preliminary Investigation). o. Role of the public prosecution service in charging

p. Preparatory criminal investigation

q. Organization of Criminal Courts and Their Jurisdiction r. General Principles of Trial

s. Procedures Relating to Specific Trials

t. Criminal Judgments u. Opposition Against Judgments by Default

v. Appeal for Revision

w. Execution of Criminal Judgments

x. Procedural Obstacles

y. Procedural Obstacles Against the Execution of Criminal Judgments

6. Government Contracts

a. Criteria of Administrative Contracts

b. Rights and Obligations

c. Contractual Liability

d. Termination of the Contract

7. Legal Course Either in English Language of in French (Optional)

Alexandria University – Faculty of Law – Student Handbook 60

CAIRO UNIVERSITY

Cairo University –Faculty of Law – Brief History 61

OVERVIEW • Cairo University , a comprehensive institution of higher learning located in Giza, Egypt, is committed to preparing students for the challenges of a rapidly changing workplace. Through interactive learning and new information technologies, our graduates are poised to enter the work force with the skills needed to succeed in today's global marketplace • Cairo University has successfully been undertaking its mission of delivering education, research and cultural duties over the years. It is considered as the mother university among other younger universities in Egypt • Cairo University is also offering its education and research facilities to Arab and foreign students and scientists and has become well known world wide. • Cairo University Main Campus • Cairo University has 100 scientific Research Centers and units of Private Character. There are also a hospital for the students, a printing press, a central library as well as libraries for the faculties • Currently, Cairo University includes 23 Faculties and Institutes serving about 155,000 students with 3,158 faculty members, 2,361 assistant lecturers & demonstrators and 12,233 employees.

Cairo University –Faculty of Law – Brief History 62

CAIRO UNIVERSITY

FACULTY OF LAW

Cairo University –Faculty of Law – Brief History 63

BRIEF HISTORY

The Faculty of Law goes back to 1868, when it was first established as the School for Administration and Foreign Languages. In 1882, the Foreign Languages School became an independent institution. In 1886, the School of Administration was renamed the School of Law. It had two tiers: The intermediate where the students were completed in two academic years, and the Higher where students studied for three years. In 1925 , the School of Law become part of the Egyptian University and was called the Faculty of Law. Postgraduate studies by course work and dissertation are offered in the various branches of Law and Economics.

1. The faculty of Law includes the following Departments: 2. The Department of Islamic Law , including Sharia and Fiqh. 3. The Department of Civil Law , including Civil Law, Agrarian Law and Family Law (for non Muslims). 4. The Department of Commercial Law , including Commercial Law, Maritime Law and Aviation Law. 5. The Department of Procedures, including Civil and Commercial Legal Practice and Procedures. 6. The Department of Criminal Law , including Criminal Law, Criminal Procedures , Criminology and Penal Code. 7. The Department of Public Law, including Constitutional Law, Political Systems, Administrative Law and Public Administration. 8. The Department of Public International Law, including Public International Law and International Agencies. 9. The Department of Specific International Law. 10. The Department of the History and Philosophy of Law, including History of Law and Philosophy of Law. 11. The Department of General Finance and Financial Legislation, including General Finance, Corporate Taxation, Political Economy, Law of Banking and Finance Law, International Commercial Arbitration and Legal Economic Theory. 12. The Department of Social Legislation , including Labour Law and Insurance Law. University Degrees awarded by the Faculty of Law :

1. Undergraduate Studies:

- Bachelor of Law (LL.B.)

2. Postgraduate Studies The following Postgraduate Diplomas are awarded:

- Diploma in Specific Law. - Diploma in Public Law. - Diploma in Islamic Law. - Diploma in Criminology. - Diploma in Administration.

Cairo University –Faculty of Law – Brief History 64

- Diploma in International Law. - Diploma in Commerce and International Investment. - Diploma in Social Law.

The following Specialized Diplomas:

- Legal Theory and Comparative Law. - Juridical Studies. Finance and Taxation.

Master of Law (LL.M.)

Ph.D. on Law (LL.D.)

III. The Factory of Law has the following Specialized Centers and Units: The Center of Legal Studies and Research and Legal Vocational Guidance.

• The Center of Human Rights Studies and Research. Printing and Publishing Unit. • The Center of Legal Studies and Research for administrative Development. • The Center of Studies and Research for Crime Prevention and the Treatment of Criminals. • The Center of Language Studies for Legal Purposes. The Institute of International Business Law. • The Center of Librarianship and the Documentation of Legal Studies. • The Center of Legal and Technical Studies of the Consumer Systems.

IV. Staff members of the Faculty of Law are as Follows:

Degree Number

Professors 29

Assistant Professors 15

Lecturer 17 Assistant Lecturer 32

Teaching/Research Assistants 10

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Cairo University Faculty of Law

DIAGNOSTIC ASSESSMENT REPORT

Cairo University –Faculty of Law – Diagnostic Assessment Report 66

Meeting Report

Meeting Subject: Interview with the Cairo University Faculty of Law Faculty Regarding Diagnostic Assessment

Meeting Date and Location: Cairo University, Faculty of Law, Wednesday, June 14, 2006

Attendees Title Contact Number

Professor Dr. Ahmed Belal Dean, Faculty of Law, Cairo Fax; 02 572 7187 University Phone: +202 571 7840 [email protected]

Dr. Amr Shalakany Assistant Professor of Law, +2012 474 4545 Faculty of Law, Cairo University [email protected]

Dr. Mohamed S. Abdel Wahab Senior Lecturer, Faculty of +202 337 7400 Law, Cairo University +2010 582 9829 [email protected]

Dr. Demir Yener Team Leader, Human +2012 672 8741 Resources Development, TAPRII [email protected]

Dr. Randa Hamdy Higher Education Advisor, +20101699427 Assistant Professor of Business, Faculty of [email protected] Commerce, Cairo University

Wafaa Samir Aziz Administrative [email protected] Assistant/Translator TAPRII

Discussion Points Wednesday, June 14, 2006

I. VISION AND MISSION STATEMENT • Cairo University Faculty of Law envisions that establishing an LLM program in partnership with a US Law School will support its well established leadership role in law education in Egypt through accumulated knowledge, and to respond to the legal needs of domestic and regional business and commercial community through high quality program offerings. • The mission of the Law School graduate program is to create and deliver relevant practitioner oriented knowledge to its constituents in Egypt and in the region through the centers of excellence in international, commercial and business law as well as in other areas of legal education. • Faculty of Law views it vision and mission to be in line with the one determined by the University.

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• Cairo University is the natural center for the Arab University Union due to its leadership role in the Arab world. • For the Faculty of Law, it is critical to develop an LLM program with a US university to upgrade its institutional and faculty capacity to cope with the demands of the emerging global liberal economic structures required by the WTO both for Egypt and for the region. • Cairo University Faculty of Law had a long tradition since its inception around the turn of the 20th century as a “School for Ministers”. This tradition had been changed somewhat as a result of the 1952 revolution, but the legend continues.

II. PROGRAM STRUCTURE AND CONTENT • In Egypt, higher educational institutions are categorized as “Theoretical Educational Institutions” as opposed to “Applied Educational Institutions.” Law Faculties fall under the “theoretical” category. • The law faculty curriculum was developed in the 1970s but not much has been changed since then. Some content may have been changed since then but it mostly remains the same. • The teaching approach lends itself to “rote memorization” for the simple reason that the students’ numbers are overwhelming for the instructors (36,000 students) who can not deal with each student on a personal level as needed. • The large student numbers per faculty precludes most of the contact between faculty and students • The large student numbers also does not allow for the full coverage of the course content, thereby contributing to the quality concerns at the undergraduate level.

Faculty Sections • Arabic Section − The language of instruction is in Arabic. − Education in this section is tuition free, however with some very minimal fees for registration. It is our understanding that so many students are also unable or unwilling to pay the low registration fees of about 100 L.E. per year. The school has a policy of not releasing the grades of students who have failed to pay their fees. − The majority of the total 36,000 law faculty students study in the Arabic section. • English Section − 520 Students are enrolled in this program. − Some courses are taught in English while others are taught in Arabic − Course titles are the same as other sections, while the content may vary. − These students are chosen into the department for their knowledge of English and higher Thanawiya Amma scores. − The English section charges an annual tuition of about 2,000 L.E. • French Section − There is a French section at the Faculty of Law. The French degree program is delivered through a twining program between Cairo University Faculty of Law and three French Universities. The curriculum is taught mainly by French professors from different branches of law education through intensive courses taking a week or

Cairo University –Faculty of Law – Diagnostic Assessment Report 68

so through the semester. Method of teaching include lectures and cases. Local assistant instructors provide citations and teach practical applications. − The French section was established in 1988 by a consortium of three of the most prestigious French universities consisting of Paris 1 Pantheon Sorbonne; Paris 2 Pantheon Assas; and, Paris Dauphne Universities, forming the Institute de Droit Des Affaires Internationales (IDAI). − The IDAI program is sustained by French Government funding. However students must pay a one time tuition of 4,025 L.E. For the masters degree an additional 1,200 L.E. is required. − IDAI has 300 undergraduate students enrolled in the program from the whole region. There are 30 nationalities. There are about 50 Egyptian students studying in this program. − IDAI program is a dual degree program between Sorbonne and Cairo Universities. Students obtain an undergraduate degree from Sorbonne upon the completion of their studies, which integrates the international standards and combines the undergraduate with a graduate degree in law. Upon the completion of the fifth year of study, student obtains a masters degree in law, that is recognized by the Egyptian Supreme Council of Universities.

III. THE EDUCATIONAL ENVIRONMENT FOR TEACHING AND LEARNING AT THE FACULTY a) Learning environment • At the graduate level programs, there is more interactive learning than at the undergraduate programs to help promote learning and skills levels. • The learning environment will require significant upgrade to improve it and to make it more conducive to learning. • Since attendance is not a requirement, networking among students and the feeling of belonging to the university is difficult to create. This is a consideration in creating alumni associations, and the willingness of the students and its graduates to be willing to contribute to the programs in the future.

(b) Physical environment such as faculty facilities, library, training facilities:

Buildings and Classrooms: • The Faculty of Law has four historical buildings for its use, including the library. • The office and class room space are inadequate. Buildings are under overuse in some areas and under utilized in others. • Faculty office spaces are neither sufficient nor adequately utilized. Currently, the Faculty is unable to provide faculty members with private office spaces. • There are four large auditoriums, and large classrooms that are heavily utilized. • At the Faculty of Law, the number of class rooms and other teaching facilities that can be dedicated to the LLM program is very small. The University (or the Faculty) must get creative to find new space or establish class room space outside of the campus for the LLM program.

Cairo University –Faculty of Law – Diagnostic Assessment Report 69 Faculty Housing • There is no specific faculty housing available for use by visiting faculty. However this is not considered a problem, as rental apartments can be available outside the campus when needed.

IT • Faculty of Law has a computer lab with 20 computers. The Faculty provides these PCs for use by almost 36,000 students. • Faculty of Law does not offer access to electronic databases such as Lexus/Nexus or WestLaw. But Internet access is available on a few of the computers – enabling access to Google search. • The Library has around 13-14 computers (with internet access) + a printer. These are available for use by students and staff members. • The library also has a room with 6 computers where computer training courses for students are being held. This includes Microsoft Office, Windows, etc... • The ratio of computer equipment available to the number of students it is meant to serve is staggering. • It is anticipated that there will be need for much more equipment if it is expected to serve proper LL.M. needs for research and writing.

Library Facilities • Faculty of Law has one library located in a historic building and a reading room available to students • Library working hours are from 9: 00am – 5:00 pm (Saturdays through Thursdays) six days a week. • Faculty of Law has no access to any international libraries, or any other internet based electronically accessible materials. • The only library includes Arabic, English and French references • There is a very small English language law book section available. • In general, law faculty library will require significant upgrading and refurbishing to cater to the requirements of an LLM program. • Due to lack of space, library grounds are used to accommodate spillovers from other classrooms during exam periods.

IV. GENERAL STUDENT INFORMATION, ADMISSIONS CRITERIA, TESTING ENVIRONMENT Student selection, admissions, retention • The Faculty generally has no control over the student selection and admission process. They can only increase the minimum acceptable level of the Thanawiyya Amma scores to curb the increasing demand for admission to their Faculty. • Once a student scores a minimum of around 78-80 percent in the “Thanawiyya Amma” exam he/she will gain acceptance to the school. • Cairo University Faculty of Law has 36,000 students. Not all of them are full time, since attendance is not required. • In Egypt, all education is free by law to all citizens. Foreigners must pay a very reasonable tuition. Some universities, including the Cairo Law faculty has found

Cairo University –Faculty of Law – Diagnostic Assessment Report 70

ways to charge tuition and other fees to Egyptian students, but this does not exceed 2,500 L.E. in the foreign language sections. • Students, especially in the Arabic section can not be properly tested and evaluated and the Faculty considers this “under-evaluation of students” as a serious problem. Since the student attendance is not required, the assessment of student knowledge in the undergraduate programs can not be based on the assumption that students have been present in all lectures. Thus the questions asked in a typical exam would have to come from the text book followed, and not necessarily on the basis of testing a student’s critical thinking skills. • The academic year is divided into two semesters so students take their exams twice (in January and June). There are no mid-terms or term papers. • The duration of a typical exam is three hours. • Most of the teaching staff members prefer the essay and case questions rather than multiple choices, or true or false questions in testing their students. Depending on the type of course, cases may also be used. These cases may be from a given situation in a court proceeding.

V. CURRICULUM AND TEACHING PLAN • The curriculum is available (please see attached) • All sections are taught the same course titles. However, the contents of the courses may be different to suit the needs and the desires of the specific instructor. This is done more to circumvent the bureaucratic barriers (a curriculum change may take up to five years to get through the Supreme Council of Universities and the Ministry of Higher Education) as a convenience. The title is maintained to conform to the approved curriculum, while the content is entirely different. • Professors are able to change the curriculum and upgrade it without changing the course title. Course titles can only be changed through an approval process reaching the Supreme Council of Universities and the Ministry of Higher Education. This may take an enormously long time, so faculty members try to avoid going to that extreme. • Courses are taught in Arabic for the Arabic section. As for the English and French sections, some courses are taught in English or French and other courses are taught in Arabic. • Postgraduate courses are all taught in Arabic.

VI. STUDENT SUCCESS RATES • Undergraduate/graduate level grading is based on the following criteria: − Excellent (91-100%), − Very Good (80-90%), − Good (65 -79%) and − Pass (50 – 64%). • The majority of students get pass grades (percentage grade distributions will be obtained from the Dean). • The faculty uses the cumulative grading assessment system.

Cairo University –Faculty of Law – Diagnostic Assessment Report 71

VII. GRADUATES – JOB MARKET CHARACTERISTICS; Degrees offered at Cairo University Faculty of Law are the standard throughout the higher educational system. These are as follows: • Bachelor of Law (Requires Thanayia Amma or any equivalent certificate for admission) • Masters of law (Requires Bachelor of Law Degree as a prerequisite) • Doctorate of Law (Requires Masters of Law degree as a prerequisite • Diplomas (Faculty of Law provides six diplomas) − Private Law − Public Law − Administrative Science − Civil procedures − Criminal Law − Economics and Finance − Public Commerce − Tax Law − Nationality − Commercial and Investment Law − Islamic Law (Sharia) (Requires Bachelor’s degree as a prerequisite) • Two diplomas are considered equivalent to a masters degree (Private Law Diploma or Public Law Diploma should be one of the two diplomas). • The language of instruction in all graduate studies (Diplomas, Masters and Ph. D).are provided in Arabic language. • There is no student service or career services offices, or fairs (none) • The five top students are eligible to be hired as faculty members. Very few graduates may join the judiciary institutions, State Council, Public prosecution, administrative prosecution. Others (small number) may work for law firms or at the legal affairs in state sectors or private companies, or lawyers. The remaining majority transfer to other careers. • Graduates of the program may mainly seek employment at the prosecutors’ office. Some may try private practice working for a law firm. Many are employed in other professions. In this way, the Egyptian job market for law school graduates is competitive. An LLM program may provide new opportunities for those few who will take on the challenge of a rigorous program of study at a U.S. institution that will differentiate them from others.

VIII. PROGRAM FACULTY, SELECTION, RETENTION AND THEIR BACKGROUNDS • The main method of hiring academic staff under the current system is from the pool of highest scoring graduating students at the bachelor's level based upon their cumulative GPAs. In the most recent year (please see above) • Junior teaching assistant lecturers lack experience and the specialized expertise to serve effectively as undergraduate teachers. • Tenure is achieved with employment. • Faculty ranks: − Instructor (with a bachelors degree)

Cairo University –Faculty of Law – Diagnostic Assessment Report 72

− Assistant Lecturer (Masters degree) − Assistant Professor (PhD) − Associate Professor (PhD and 5 years of services as Assistant Prof) − Full Professor ( PhD and 5 years of service as Associate professor) • Salaries of academic staff are generally very low. Across the ranks, the salary scale consists of a base (which is the same for all within a rank) plus additional increments, the amounts of which vary depending on the number of years of experience and on extra tasks that staff undertake. • Senior administrative staff (deans and chairs) receive negligible monetary compensation for taking on administrative positions. • The normal faculty teaching workload allocation is 8 hours per week for full professors, 10 for associate professors, and 12 for lecturers. The workload seems to leave little time to prepare for teaching. • While remuneration is limited to all staff members and paid on a monthly basis, faculty members are often busy in providing consulting and advisory services, as well as teaching at the newly opened private universities. • As a rule, universities do not provide academic staff with computers. Faculty lack access to computers for teaching and research, unless they own their own computers. Research support is very limited. • For faculty promotion, publication of articles in fields different from the faculty members’ assigned area of teaching will not count towards promotion. Promotion credit is given to writing text books. Multidisciplinary academic interaction is not encouraged. • Faculty of Law members have various backgrounds. Some of the members received their doctorate degree from foreign universities in Europe and USA. • Some Cairo University, Faculty of Law professors are identified as having the potential and the qualifications to teach in the English language LLM Program. These faculty members are (we need to determine these names and obtain CVs from Dean): − Amr Al Shalaqany − Mohamed Abdel Wahab − Ahmed Ramadan • Within the next four-year period, Cairo University Faculty of Law will have 6-7 additional junior level instructors, who will be returning from their studies in the US. They have been granted USAID scholarships.

Faculty Research Productivity • The general environment in Cairo University Faculty of Law (as in the majority of universities) does not foster research productivity or innovation by staff members. • The main incentive for the majority of faculty members to initiate and publish research is to fulfill the requirements for promotion rather than to produce quality and innovative research. This is actually a broadly generalizable phenomenon at all Egyptian institutions of higher learning, save for a few private institutions. Faculty researches should be in their specialization to be considered for their promotion. • Inadequate computer equipment, library and research facilities, lack of access to information for academics, limited funds allocated for research by the university, absence of remuneration for conducting the research, and the deficiency in the relationship between the real sector and universities to support research are among the factors affecting the quality and quantity of research produced by the Faculty of Law, as well as all other Egyptian universities.

Cairo University –Faculty of Law – Diagnostic Assessment Report 73

• Quality research work cited internationally from Egyptian universities is relatively low and disproportionate to the large number of faculty members working in Egyptian universities.

Faculty Centers • Consumer Protection Center • Human Rights Center • Center for Languages • Center for Criminology • Legal Studies and Training Center for Customs and Taxes

IX. EXTERNAL CONTACTS AND KNOWLEDGE EXCHANGE Twinning Programs • Faculty of Law, French section has a linkage and a twining program the Sorbonne University and a consortium of three French universities (please see above) • No other known twinning programs with US or European institutions.

Faculty Exchange • Cairo University Law Faculty members does not have faculty exchange programs.

X. INTERNAL QUALITY EVALUATION. Benchmarks and Quality Assurance Criteria • Quality Assurance committee asks Faculty of Law to start the quality assurance process, introducing very generic benchmarks and standards. • Faculty of law members believe that the provided standards are incompatible for the faculty of Law. • It is also not easy to develop a set of criteria and strategies on student assessment for financial reasons.

XI. OTHER CONSIDERATIONS A. Advantages of the Twinned LLM Program for Cairo University: • There is no law program similar to LLM program in the legal field in Egypt, though the market is wide open and receptive to such programs. • The LLM program is intended to have appeal for regional students and stakeholders. • There is an increasing demand for international lawyers by international corporations and even among the Egyptian companies. They should be trained in common laws. • Having a legal culture that is responsive to the needs of the globalized economic environment is a major requirement for Egyptian Faculties of Law.

Cairo University –Faculty of Law – Diagnostic Assessment Report 74

• Entry Visa requirement for USA has increasingly become difficult to obtain for most Arab nationals. Egyptian entry visa is easier to obtain, and living costs in Egypt is much cheaper than the USA. • A large percentage of graduates are Arabs. • The Arab region students are capable of paying the higher tuitions.

B. English based LLM – Some Observations: • English language program requires critical thinking. There is a dire need to move from memorization based learning to critical thinking, though it is not easy to transfer from memorization to critical thinking. • LLM program is designed to be taught in a one year period, and this will not be approved by University Board of Professors. Courses should be redistributed to be taught in two years and this will also fit part time students. • Students may need courses or orientation program on legal research, legal writing, and negotiation. • Graduates of other law programs might be eligible to apply in the Cairo LLM program

C. LLM Application and Admissions Requirements • Cairo University Law Faculty is willing to adopt the US partner university criteria for admission.

D. Administration and Governance • There will be need for upgrading the administrative staff skills. The administrative people will be able to handle such LLM program after one month of training on computer skills and English language.

E. Visitations by US Law School Representatives • All Cairo University Faculty of Law members are available to receive visitors during the month of July.

F. LLM Audiences • Junior judges • Junior faculty members • Lawyers • Public prosecutors • Police officers For promotion, these people need to have a recognized degree from an accredited institution.

Cairo University –Faculty of Law – Diagnostic Assessment Report 75

DOCUMENTS RECEIVED • English section course schedules • Graduate Book (Arabic)

Actions • Visitation from interested universities expected.

Cairo University –Faculty of Law – Diagnostic Assessment Report 76

Cairo University Faculty of Law

STUDENT HANDBOOK Rules and Regulations English Section

Bachelor Degree in Law

Approved by the Council of Cairo University

July 26, 1995 and the amendments endorsed on May 28, 1997

Cairo University –Faculty of Law – English Section - Student Handbook 77

Chapter One: I. SUPERVISION OF THE ENGLISH SECTION

Article 1:

Under the chairmanship of the Dean of the faculty of Law, a supervisory committee shall be formed whose members are the vice-dean for education and student affairs confirmed by the faculty council upon the recommendation of the dean. The meetings of this committee are valid if attended by half of the membership. Article 2:

The supervisory committee shall be concerned with:

1. Suggesting the number of students and the rules of admission. 2. confirming the departments' suggestions about scheduling, subjects, content, texts studied.

3. Assigning teaching to Egyptian and foreign professors.

4. Reviewing and analyzing the results of the end of year examinations and submitting a report on these to faculty council.

5. Studying the financial and administrative affairs of the English section and, at its discretion, submitting recommendation to the dean or the faculty council.

6. the director of the English is concerned with:

a. Suggesting the timetable to the consent of the supervisory committee. b. Suggesting the rate of remuneration for the employees of the English section. c. Reviewing and adjusting student appeals in cases of absence during the consent of the dean. Article 3:

The director of the Education section shall be appointed by a decree of the university president for a period of three years, renewable once only upon the recommendation of the dean.

Article 4:

The supervisory committee meets not less than once a month.

Cairo University –Faculty of Law – English Section - Student Handbook 78 Chapter Two II. RULES OF THE STUDY, ADMISSION AND EXAMINATIONS Article 5:

The subjects to be studies for the different years in the English section are set out in the schedules. These schedules specify the weekly hours of each subject.

Bachelor Degree Courses Year One

The following courses are taught in English language: Courses # of hours/ week 1. Criminology and Penology 2 2. International Organizations 2 3. Political Systems and constitutional Principles 2 4. Introduction to the Anglo-American Legal System 5. Economics (Economic Systems, Production Theory, 2 Price Theory) The following courses are taught in Arabic Language: Courses # of hours/ week 1. Introduction to Legal Sciences 2 2. Egyptian Constitutional Law 2 3. Islamic Law (Shari'a) 2 4. History of Law 5. Personal Statues for Non- Muslims 2 6. Computer (the second term) 2 Total 21

Year Two The following courses are taught in English language: Courses # of hours/ week 1. Economics (Money, Banking, International Economic 2 Relations) 2. General Principles pf contract Theory, Tort and 2 Evidence in Anglo-American Legal System 3. Public International Law 2 4. Economic Legislation 2

Cairo University –Faculty of Law – English Section - Student Handbook 79

The following courses are taught in Arabic Language: Courses # of hours/ week 1. Egyptian Civil Law 3 2. Criminal Law (General Theory) 3 3. Egyptian Law of Evidence (Procedural and Substantive 1 Rules 4. Administrative Law 3 5. Islamic Law (Shari'a) 2 6. History of Egyptian Law 2 7. Legal Training 2 Total 25

Year Three The following courses are taught in English language: Courses # of hours/ week 1. Commercial Law 2 2. Judicial Review of Administrative Action and the 2 Constitutionality of Laws, 2 hours are specified to deal with this subject in Arabic) 3. Public Finance 2 4. International Commercial Arbitration 2 The following courses are taught in Arabic Language: Courses # of hours/ week 1. Civil Law 3 2. Criminal Law (Specific Crimes) 3 3. Labor Law 2 4. Law of Civil and Commercial Procedures 3 5. Islamic Law (Shari'a) 2 6. Private International Law (Nationality and Statues of 2 Foreigners) 7. Principles of Egyptian Commercial Law 2 Total 26

Cairo University –Faculty of Law – English Section - Student Handbook 80

Year Four

The following courses are taught in English language: Courses # of hours/ week 1. Administrative Contracts 3 2. Private International Law (Conflict of Laws Jurisdictions) 2 3. Commercial Law 2 4. Aviation and Maritime Law 2 5. Intellectual Property Rights 2 6. Legal Training (Legal Reasoning) 2 The following courses are taught in Arabic Language: Courses # of hours/ week 1. Civil Law 3 2. Social Security Legislation 2 3. Islamic Law (Shari'a) 2 4. Criminal Procedures 3 5. Tax Law 2 6. Law of Civil and Commercial Procedures (Forced 3 execution) Total 28

Article 6:

1. the number of new applicants admitted into the first year of the English Section will be determined annually by the decision of the faculty council on the advice of the supervisory committee.

2. Applicants must have at least 80% in the General Secondary (Thanawya A'amma) Certificate English language exam. Candidates are ranked according to their total marks. The supervisory committee will determine the procedures and dates of admission. Part-time students, and students who failed are not eligible to admitted. Students are distributed into sections in alphabetical order.

3. In Addition to that determined number by the supervisory committee of those who obtained G.C.S.E or its equivalent from Egypt. It is allowed to accept foreign students who obtained G.C.S.E or its equivalent from other countries (five students at most in each academic year according to the highest marks and rules listed above. Those students should pay the tuition in addition to the fees paid by other students in the law faculty , as follows

- Registration Fee

- Educational Services Fee

Cairo University –Faculty of Law – English Section - Student Handbook 81

The University president will issue an annual decree to determine the service fee, at the suggestion of the faculty of law council. Honor students will be exempted from the educational services fees in the next year based on the following rules:

- Students with grade excellent get 50 % exemption

- Students with grade very good get 25 % exemption

Article 8:

Each council of the concerned departments in faculty of law will determine the appropriate syllabus and the textbooks. The head of each department council will inform the supervisory council with the reading list required for the study, at least three months before the beginning of the academic year.

Students will pay the cost of the textbooks and printed lecture notes. The content of the textbooks and printed lecture notes in the English section will be consistent with the content of the textbooks and lecture notes in the general section.

Article 9: Study in the English section is full-time. Students should attend 75% of the courses and/or lectures in each subject in order to submit to the exams. All cases of students who have not fulfilled this requirement will be decided by the supervisory committee.

Article 10:

Twenty five percent of the total scores of each subject listed in the schedules in article five above are considered practical work for the year and are distributed as follows: 1. 15% of the total score from periodic tests, not less than two subjects during the academic year. 2. 10% of the total score from homework assignment and participation in courses, lectures and discussions. The lists of these scores would be handed to the supervisory committee in fixed time to notify student with their results before starting end year exams.

Article 11:

1. All department councils on the faculty of Law will form committees to set examinations, to mark answer papers, and to forward the results to the supervisory committees, which presents results to the faculty council.

2. The supervisory committees will receive the examination questions from the professors who teach these courses.

Cairo University –Faculty of Law – English Section - Student Handbook 82

3. A special panel for the English section will record the scores and handle all the tasks leading up to the final announcement of the end of year exam results, after getting approved by the faculty council. With the exception made in Article 15 of the internal statute of the faculty of law, the rules of the said internal regulations for the examination will be applied to students of the English section.

Article 12: The rules of the faculty of the Law relating to students absence at examination will be applied to English section students.

Cairo University –Faculty of Law – English Section - Student Handbook 83

Chapter Three III. FINANCE Article 13:

The section for legal studies in English will a fund of its own, according to the rules decided by the university council.

Article 14:

The principal sources of the fund are: 1. Application fees.

2. Registration fees

3. Educational services fees 4. payment for set textbooks

5. Interest on deposit held for the benefit of English Section.

Article 15: The principle disbursement from this fund will be:

1. Remuneration for teaching

2. Remuneration for supervision 3. Purchase of set textbooks

4. Administrative expenses

5. Purchasing the appropriate teaching materials. 6. Necessary construction and equipment for the section

7. Other remuneration for special efforts for the benefit of the section.

Article 16:

Records of all transactions to this fund will b kept according to the approved procedures.

Article 17: The fund of the section for legal studies in English will have its account in any accredited bank. All disbursement from this account will be by check, signed by the faculty dean or his representative, secondly by the General secretary of the faculty of law or his representative on condition that such documents will be confirmed by the financial manager of the faculty of law.

Cairo University –Faculty of Law – English Section - Student Handbook 84

Article 18:

Petty cash, in sums not exceeding LE 300 at one time, will be entrusted to the financial manager of the faculty of law for current expenses. These sums will accounted by check after submission of the proper documents. The dean of the faculty of law has the right to grant an-extraordinary temporary loan not exceeding LE 200. Disbursements from this fund will be accounted for within two months of the grants.

All accounts relating to petty cash or extra-ordinary temporary loans must be fully written up, and any remaining balance must be returned to the fund from which it came, at the end of the financial year.

Article 19:

The pertinent rules of the appropriate governmental bodies will be applied to all purchase from the fund of the section for legal studies in English.

Article 20:

Staff remuneration from the fund of the section for legal studies in English will be by a decision of the university president upon the remuneration of the council of the faculty council. It will be determined by decision of the faculty council. It will be equivalent to not less than 100% of his/her basic salary. Article 21:

The rules set out in the executive regulations of the law for the Reorganization of Universities, the faculty of law bye laws. In addition, all such other university Bye Laws will be applied in cases, which are not otherwise, stipulated in these rules and regulations for the bachelor degree in law (English section).

Cairo University –Faculty of Law – English Section - Student Handbook 85

UNDERGRADUATE COURSE OUTLINE Scientific Content

Cairo University –Faculty of Law – Undergraduate Course Outline 86

Scientific Content Year One

Courses 1. Islamic Shari'a – Fundamentals of Islamic Jurisprudence a. Islamic Shari'a and Islamic Jurisprudence - History of Islamic Jurisprudence b. General Theories in Islamic Jurisprudence - Rights, Objects and Ownership - Contract Theory in Islamic Jurisprudence 2. Introduction to Legal Study a. Theory of Law - Definition of law - Classification of Laws - Sources of Law - Application of Law b. Theory of Rights - Definition of Rights - Classification of Rights - Elements of Rights - Sources of Rights 3. History of Law (History of Legal and Social Systems): a. General Theory of Law, Private Justice, Divine Rules, Customs (The ancient codes). b. Semitic Laws in the Arab States before Islam (Pharaonic Law, Babylonian Law, and Jewish Law). 4. Political Economy: a. Economic Problems - Economic Activities (Economic Structure - Content of Economic Structure) - Elements of Economic Structure b. Production (National Production) - National Accounts - National Planning - The level of National Product - Finance (Money Capital) - Factors of Production c. Productivity Process - Production Function - Productivity Projects d. Price Theory 5. Political and Institutional Systems a. Theory of the State b. Principles of Political Organizations c. Government d. Individual Rights or Civil Liabilities e. Egyptian Constitutional System

Cairo University –Faculty of Law – Undergraduate Course Outline 87

6. International Organizations a. General Theories of International Organizations b. Regional Organizations c. United Nations Specialized Organizations 7. Criminology and Penology a. Criminology - Criminology and Criminal Sciences - Criminological Theories in Explaining Criminal Behaviour - Criminological Factors o Internal Criminological Factors o External Criminological Factors b. Penology - Systems of Punishment - Criminal Sanctions - Prison and penitentiary Systems - Treatment Inside Prisons - Treatment Outside Prison - Conditional Release and Parole Systems - Suspended Sentence and Probation Systems - Post-release Care of Prisoners

8. Legal Terms In English or French (Optional) 9. Family Law of Non-Muslims

Cairo University –Faculty of Law – Undergraduate Course Outline 88

Scientific Content

Year Two Courses

1. Islamic Family Law a. Marriage Contract and its legal effects b. Dissolution of Marriage (Divorce and Repudiation) c. Rights of Sons and Daughters 2. Civil Law Theory of Obligations a. Sources of Obligations (Contracts, Unilateral Act, Unjust enrichment, Torts and Obligation by Law) b. General Rules governing obligations (Implementation of Obligations) - Modalities of Obligations - Transfer of Obligations - Extinction of Obligations c. Rules of Evidence - Substantive Rules o Burden of Proof o Object of Proofs o Means of Proof d. Procedural Rules - General Procedural Rules of Evidence Before Courts - Specific Procedural Rules of Evidence Before Courts 3. Criminal Law – The General Part a. General Theory of Crime, Punishment and Security Measures - Legal Elements of Crime - Causes of Justification - Exercise of Right - Legal defense (self-defense) - Exercise of Authority - Consent of Victim b. Legal Structure of the Crime - Material Element of the Crime - Attempted Crime - Criminal Participation - Mental Element of the Crime - Causes of Non-Responsibility - Criminal Intent - Criminal Negligence c. General Theory of Punishment and Security Measures - Punishment - Kinds (forms ) of Punishment - Application of Punishment - Judicial Discretion in the application of Punishment - Causes of Attenuation and Aggravation of Punishment

Cairo University –Faculty of Law – Undergraduate Course Outline 89 - Extinction of Punishment - Security Measures - Theory of Dangerousness - Types of Security Measures 4. Administrative Law a. Concept of Public Fund b. Administrative Functions c. Civil Service d. Administrative Policing e. Public Utilities f. Administrative Decisions g. Administrative Processes h. Government Contracts i. Judicial Review of Administrative Actions 5. The History and Philosophy of Egyptian Law a. Egyptian Law Theory - Egyptian Law Eras b. The Political, Social, Economic Circumstances and Legal System Through the Ptolemy –Roman and Islamic Period c. Relationship between the Egyptian Law and Contemporary Systems. 6. International Economic Relations a. Balance of Payment - Differences of the Relative Costs as a Base of International Specialization - The Base of Differences of the Relative Costs - Balance of International Payment b. Money and Banking c. Monetary Policy 7. Public International Law a. General Theories - International Law Concept - International Law Sources b. State - Territory - Population - Sovereignty - Diplomatic and Consular Regulations - International Responsibility c. Armed Conflicts and Neutrality 8. Legal Terms in English Language of French (Optional)

Cairo University –Faculty of Law – Undergraduate Course Outline 90 Scientific Contents Year Three Courses

1. Islamic Legislation a. Law of Succession b. Law of Wills and Walk (Islamic Trust) 2. Civil Law a. Theory of Obligations b. The Main Civil Contracts (Sale, Lease and Insurance) 3. Commercial Law a. General Theory Of Commercial Law - Theory of Commercial Activities and Merchant - Industrial Property - Business Enterprise b. Commercial Partnership and Companies - General Theory of Partnership and Companies - Public Partnership, Silent Partnership, Joint Stock Companies, Limited Partnership by Shares and Private Limited Companies. 4. Criminal Law, Specific Offences (Special Part) a. Crimes Against Public Interest b. Corruption c. Crimes Affiliated with Corruption d. Crimes Against Public Funds e. Crimes Against Public Faith f. Money Counterfeiting g. Falsifying seal, fiscal Paper and Marks h. Forgery in written documents i. Crimes Against Persons j. Crimes Against Life k. Crimes Against Bodily Security Crimes Against Sexual Integrity l. Crimes Against Consideration and Honor m. Crimes Against Property (Theft, Robbery, Obtaining by False Pretence and Crimes of Embezzlement) 5. Judicial Review and Administrative Action and Constitutionality of Law a. Principles of Legality b. Organization of Judicial Review c. Criteria for Coseil d'Etat (State Council) Jurisdiction d. Action for Annulment of Administrative Decision e. Action for Damages

6. Civil Proceedings a. Judicial Protection b. Judicial Action c. Appointment of Judges

Cairo University –Faculty of Law – Undergraduate Course Outline 91

d. Judicial Independence e. Jurisdiction f. Parties of Law Suit g. Theory of Procedures h. Procedures Before Courts i. Judgments and Appeals 7. Public Finance and Fiscal Legislation a. Public Expenditures b. Public Revenue c. The Egyptian Tax Legislation 8. Labor Law a. Individual Relations - Definition of Labor contract and its distinction from Similar Contracts - Formation of Labor Contract - Labor Contract effects - Extinction of Labor Relationships b. Collective Labor Relations - Collective Agreement - Labor Syndicates - Collective Disputes 9. National Law and Status of Foreigners a. Nationality - Acquisitions and Loss of Nationality in the Comparative Law - Nationality and International Law: Multi-nationality, Statelessness - Acquisition, Loss, Proof and Disputes Relating to Nationality in municipal Law (Egyptian Nationality Law) b. Status of Foreigners (Aliens) - The Legal Position of Foreigners in General - The Legal Position of Foreigners according to the Egyptian Law. 10. Legal Terms in English Language or French (Optional)

Cairo University –Faculty of Law – Undergraduate Course Outline 92

Scientific Content Year Four Courses 1. Fundamentals of Islamic Jurisprudence a. Sources of the Legislative Verdict 2. Civil Law a. Sources of Property - General Rules of Ownership - Classification of Ownership - Intellectual Property b. Real Securities - Mortgage - Lieu - Charges 3. Commercial Law a. Negotiable Instruments - Bill of Charge, Checks, Promissory Notes b. Banks Operations - Deposit Accounts, Current Accounts, Bank Grio System and Safe Custody - Documentary Credits and Letters of guarantee c. Commercial Contracts - Agency and Brokerage contracts, Commercial Sale Contracts, Contracts and Land Transport - Documentary Credits and Letters of Guarantee d. Bankruptcy - Maritime and Aviation Laws - Maritime Law (ship, ship crew, maritime agencies, carriage of goods by sea and contract of carriage of passengers by sea) - Aviation Law (Characteristics of airplane, plane crew, carriage of goods by air and contract of passengers by air) 4. Contracts of Private International Law a. Definition, Nature and Scope of Private International Law b. Conflicts of Laws - General Theory - Elements Constituent of the Conflict of Laws Phenomenon - Methods for solving the different conflict of laws rules - Preliminary Topics of the Conflict of Laws Rules: Classification, Proof of Foreign Law, Exclusion of Foreign Law - The Egyptian Conflict of Law Rules Relating to Family Law, Obligations Law and Property Law - Elements Constituents of the Conflict of Law c. Conflict of Jurisdictions

Cairo University –Faculty of Law – Undergraduate Course Outline 93

- Proceedings Governed by the Law of the Forum - International Jurisdiction of the Egyptian Courts - Recognition and Enforcement of Foreign Judgments 5. Criminal Procedures - Nature and Characteristics of the Law of Criminal Procedures - Legal Systems of Criminal Procedure - Legality of Criminal of Criminal Procedures - Criminal Action - Parties in the Criminal Action - Extinction of the Right to Criminal Action - Civil Action Ancillary to Criminal Action - Condition of Jurisdiction Related to Civil Action Before Criminal Courts - Conditions of Acceptability of Civil Action Before Criminal Courts - General Theory of Nullity - General Theory of Criminal Jurisdiction - General Theory of Criminal Evidence - Pre-trial Procedures - Police Investigation (Preliminary Investigation). - Role of the public prosecution service in charging - Preparatory criminal investigation - Organization of Criminal Courts and Their Jurisdiction - General Principles of Trial - Procedures Relating to Specific Trials - Criminal Judgments - Opposition Against Judgments by Default - Criminal Cassation - Appeal for Revision - Execution of Criminal Judgments - Procedural Obstacles - Procedural Obstacles Against the Execution of Criminal Judgments 6. Government Contracts a. Criteria of Administrative Contracts b. Rights and Obligations c. Contractual Liability d. Termination of the Contract 7. Legal Course Either in English Language of in French (Optional)

Cairo University –Faculty of Law – Undergraduate Course Outline 94 STATISTICS OF BACHELOR AND POSTGRADUATE DIPLOMA GRADES

Cairo University –Faculty of Law – Statistics of the undergraduate and Postgraduate Grades 95

Cairo University

Faculty of Law

Bachelor/ Licentiate Results

First Round – May 2005

Full-Time Students Part-Time Students Total

Registered 3024 3418 6442

Absent 237 324 561

Present 2787 3094 5881

Failed 858 1123 1981

Remaining for October (carrying 860 1260 2120 over one or two subjects) Succeed 1016 711 1780

Success Details Full-Time Students Part-Time Students Total

V. Good 3 - 2

Good 364 6 400

Pass 673 705 1378

Percentage 39.77% 22.89% 30.77%

Approved by:

Faculty Dean University President

Prof. Dr. / Ahmed Awad Belal Prof. Dr. / Ali Abdel Rahmin

Cairo University –Faculty of Law – Statistics of the undergraduate and Postgraduate Grades 96

Cairo University

Faculty of Law

Bachelor/ Licentiate Results

Second Round – October 2005

Full Time Students Part Time Students Total

Registered 917 1255 2172

Absent 171 121 292

Present 746 1134 1880

Failed 109 233 342

Remaining for October round - - - carrying over one or two subjects) Passed 637 901 1538

Success Details Full-Time Students Part-Time Students Total

Very Good - - -

Good 17 1 18

Pass 620 900 1520

Percentage 86.4% 79.5% 82.37%

Approved by:

Faculty Dean University President

Prof. Dr. / Ahmed Awad Belal Prof. Dr. / Ali Abdel Rahmin

Cairo University –Faculty of Law – Statistics of the undergraduate and Postgraduate Grades 97

Cairo University

Faculty of Law

Postgraduate Department Statistics

Postgraduate Diplomas Results

First Round – May, 2005

Registered Registered Succeed Present Absent Excellent V. good Passed Good Diploma Total Percentage

Private Law 200 54 146 - - 5 20 25 17.1% Public Law 669 146 523 - 1 44 98 143 27.3% Islamic Shari'a 188 34 84 - 1 9 3 13 15.5% Criminology 400 94 306 - - 24 24 48 15.7% Administrative Sciences 177 22 155 - - 17 2 19 12.3% Trade and Investments 95 23 72 - - 11 5 16 22.2% Social Law 34 9 25 - - 10 1 11 44% Judiciary Sciences 57 14 43 - 1 19 3 23 53.5% International Law 33 4 29 - - 1 1 2 6.9% Arbitration 30 9 21 - - 2 1 3 14.3% Intellectual Property 16 1 15 - - 3 - 3 20% Approved by:

Faculty Dean University President

Prof. Dr. / Ahmed Awad Belal Prof. Dr. / Ali Abdel Rahmin

Cairo University –Faculty of Law – Statistics of the undergraduate and Postgraduate Grades 98

Cairo University

Faculty of Law

Postgraduate Department

Statistics

Results of Postgraduate Diplomas

Second Round – October, 2005 Succeeded Registered Registered Present Absent Excellent V. good Passed Good Diploma Total Percentage

Private Law 184 75 109 - - 6 16 22 20.2% Public Law 511 128 383 - 2 103 95 200 52.2 Islamic Shari'a 91 26 65 - - 7 6 13 20% Criminology 318 111 207 - 1 37 34 72 34.8% Administrative Sciences 147 39 108 - - 6 30 36 33.3% Trade and Investments 69 25 44 - - 8 3 11 25% Social Law 18 5 13 - - 1 2 3 23.1% Judiciary Sciences 32 9 23 - - 4 2 6 26.1% International Law 28 4 24 - - 1 3 3 16.7% Arbitration 22 9 13 - - 4 - 3 30.8% Intellectual Property 19 7 12 - - 1 2 3 25%

Approved by:

Faculty Dean University President

Prof. Dr. / Ahmed Awad Belal Prof. Dr. / Ali Abdel Rahmin

Cairo University –Faculty of Law – Statistics of the undergraduate and Postgraduate Grades 99

APPENDIX A

LIST OF FACULTY CURRICULUM VITAES

Appendix A - List of Faculty CVs 100

1) ALEXANDRIA UNIVERSITY - FACULTY CVS

Appendix A – Alexandria University – Faculty of Law - CVs 101

Faculty of Law

List of Faculty Resumes

English Section • Moatasm El Gheriani (Cornell and UCB degrees in law), • Mohamed Mattar (Tulane JSD, currently visiting at Johns Hopkins), • Hafiza El Haddad (Previously Dean of Law School, Beirut Arab University), • Mohamed El Feki, • Samy Abdel Hamid (Former Egyptian representative to the UNECCO), • Bourham Atallah, • Galal Mohammadin (Legal advisor for the Industrial Bank in Kuwait), • Hani Dawidar (Current Dean of the Law School, Beirut Arab University)

General Department • Prof. Dr. Abdelgany Basseony • Prof. Dr. Mohamed Ahmed Refat Abdelwahab • Prof. Dr. Mohamed Bahy Mohamed Abo Younes • Prof. Dr. Mahmoud Samy Gamel El-Din • Prof. Dr. Mostafa Abo Zaid Fahmy • Prof. Dr. Maged Rageb El-Helw • Prof. Dr. Hussein Osman Mohamed Osman • Prof. Dr. Ibrahim Abdel-Aziz Sheha • Prof. Dr. Fouad Abdel-Baset

Islamic Law (Shari'a) • Prof. Dr. Ramdan Ali Alshernebasy • Prof. Dr. Ahmed Farrag Hussein • Prof. Dr. Ahmed Mahmoud El-Shafey • Prof. Dr. Ramzy Mohamed Ali Draz • Prof. Dr. Mohamed Kamal El-Din Emam • Prof. Dr. Gaber Abdel-Hady

Criminal Law • Prof. Dr. Aly Abdel-Kader El-Kahwagy • Prof. Dr. Fatouh Abdullah El-Shazly • Prof. Dr. Awad Mohamed Awad • Prof. Dr. Abdel-Fatah Mostafa El-Seify • Prof. Dr. Mohamed Zaky Abo Amer

Appendix A – Alexandria University – Faculty of Law - CVs 102

• Prof. Dr. Galal Tharwat Mohamed • Prof. Dr. Soliman Abdel-Moneim Soliman • Prof. Dr. Amen Mostafa Mohamed El-Sayed • Prof. Dr. Hassan Sadek El-Marsafawy

Commercial Law • Prof. Dr. Hany Mohamed Hamed Dewydar • Prof. Dr. Mohamed Farid Al-Ereny • Prof. Dr. Ali Mohamed Al-Baroudy • Prof. Dr. Galal El Din Wafaa Mohamed El Badry • Prof. Dr. Mohamed El-Sayed Ahmed El-Fekky • Prof. Dr. Mostafa Kamal Taha • Dr. Al-Moatasem Bellah Mohamed Hossam El-Din • Dr. Ziad Adel Hasheesh

General International Law • Prof. Dr. Ibrahim Ahmed Adel-Aziz Khalifa • Prof. Dr. Mohamed Saed Aldakak • Prof. Dr. Mostafa Salama Hussein • Prof. Dr. Mohamed Samy Abdel-Hamid

Special International Law • Prof. Dr. Hisham Sadek Aly Sadek • Prof. Dr. Okasha Mohamed Abdel-Al • Prof. Dr. Hafeza El-Sayed Aly El-Hadad

Systems History • Prof. Dr. Ahmed Ibrahim Hassan • Prof. Dr. Abdel-Mageed El-Hefnawy • Dr. Ahmed Abo El-Hassan

Arbitration Law • Prof. Dr. Nabil Ismail Hassan Omar • Prof. Dr. Ahmed Awad Abdel-Mageed Al-Hendy • Prof. Dr. Ibrahim Naguib Saad • Prof. Dr. Talaat Mohamed Mahmoud Dewydar • Prof. Dr. Ahmed Aly El-Sayed Khalil

Appendix A – Alexandria University – Faculty of Law - CVs 103

Civil Law • Prof. Dr. Ramadan Mohamed Ahmed Abo El-Soud • Prof. Dr. Samir Abdel-Seed Tanago • Prof. Dr. Borham Mohamed Attalla • Prof. Dr. Nabil Ibrahim Saad Awad • Prof. Dr. Mohamed Hussein Mansour • Prof. Dr. El-Sayed Mohamed El-Sayed Omran • Prof. Dr. Hamam Mohamed Mahmoud Zahran • Prof. Dr. Essam Ahmed Anwar Sleem • Prof. Dr. Hassan Hassan Kira • Prof. Dr. Mostafa Mohamed El-Gammal • Dr. Mohamed Hassan Kasem

Economy • Prof. Dr. Zainab Hussein Awad Allah • Prof. Dr. Magdy Mahmoud Shehab • Prof. Dr. Osama Mohamed Ahmed Alfouly • Prof. Dr. Adel Ahmad Hasheesh • Prof. Dr. Mohamed Hamed Dewydar • Prof. Dr. Suzy Adly Nashed

Appendix A – Alexandria University – Faculty of Law - CVs 104

Faculty of Law

Curriculum Vitae

Prof. Dr. Bourham Mohamed Atallah Professor of the Civil Law

Personal State: Date of Birth: January 11, 1937 Address: 3 Moudadak Street, Doki, Cairo Telephone: (202) 761- 5956 (202)338- 1008 Cell Phone:012-220-9925

Education: 1. License of Law, grade "Very Good". Faculty of Law, Cairo University 1959 2. Doctorate degree in Comparative Law Paris University, France, 1965 3. Doctorate degree Faculty of Arts and Human Sciences Sorbonne University, France, 1964 4. LLB Degree Faculty of Law Toronto University, Canada, 1875

Experience - Associate commissary, 1958 o State Council, - Associate teacher, 1959 o Faculty of Law, Alexandria University - Teacher in the civil law department, 1965 o Faculty of Law, Alexandria University - Researcher, 1969 o National Center for Scientific Research, Paris, - Professor, 1969 – 1971

Appendix A – Alexandria University – Faculty of Law - CVs 105

o Algeria University, Algeria - Associate Professor, 1971 o Alexandria University, Faculty of Law - Associate Professor, 1972 o Faculty of Law, Libya University - Visiting Professor, 1975 o Faculty of Law, Marseille University, France - Visiting Professor, 1982 o Faculty of Law, San Diego, California, USA - Civil Law Professor, 1983 o Faculty of Law, Alexandria University - Visiting Professor, 1985 - XN Province University, France - Head of the Civil Law Department, 1990 - 1993 o Faculty of Law, Alexandria University - Chairman of Alcharck Insurance Company, 1993 – 1996 - Egyptian American Insurance Company, 1997 - Seconded Professor, 1998 - 2000 o Sorbonne University, France - Seconded Professor, 2002 – 2003 o American University in Cairo

More Information: - Head of the Legal Administration and the African Bank for Development senior Consultant, Cote-Ivoire, 1987 – 1990 - Head of the Legal Administration, Arab Company for Oil Investments, Saudi Arabia, 1977 – 1980 - The Islamic Bank for Development, Jeddah, Saudi Arabia, 1976 – 1977 - International Court of Arbitration (ICC) Associate Member, Paris, 2000

Prizes and Medals Obtained - Science and Arts Medal - Best dissertation prize in Comparative Law, France, 1965 - State Encouragement Prize in Civil Law, Egypt, 1984

Professional Organizations - Lawyers syndicate Member, Egypt - Lawyers syndicate Member, New York - Lawyers International Union Member, London

List of Publications In Arabic Books - Fundamentals of Dealings, Theory of the Right, Knowledge Origin, Alexandria, 1967 - Fundamentals of the Positive Law, Knowledge House, Alexandria, 1968 - Introduction to Social Insurance, Knowledge House, Alexandria, 1969 - Fundamentals of Insurance, Modern Egyptian House, Alexandria, 1982 - Insurance Studies and Polices, University Cultural Association, Alexandria, 1983 (State Award)

Appendix A – Alexandria University – Faculty of Law - CVs 106

- Contract Soundness Suit, Knowledge Origin, Alexandria 1984 - Fundamentals of Obligation Theory in the Egyptian Law and the Lebanese Law, University House, Beirut, 1992 - Introduction to Intellectual Property Right in the Egyptian Law and the Lebanese Law, University House, Beirut, 1992

Articles - Insurance and the Islamic Shari'a, Government Suit Management Magazine, Sixth Year, 1962, P. 78 – 107 - New Theory in Real State Rights, Legal and Economic Science Magazine, Faculty of Law, Ain Shamis University, 1967 - Reviewing the Libyan Civil Law based on the Islamic Shari'a, Law Magazine, Faculty of Law, Alexandria University, 1980, p. 1 – 68 - The Strategy that supported Egypt won Al Ahram hill Case, Alumni Magazine, Faculty of Law, Alexandria University, 1985 - Responsibilities of the Custodian, Government Suits Magazine, Tenth Year, 1996, p. 103 – 113 - Actions resulting from overdue Social Insurance Fee Overdue, 1967, p. 119 – 133 - Libyan Civil Law and the Islamic Shari'a, Legal Studies, Faculty of Law, Benghazi, Year Two, 1972, p. 1-164

List of Publications In French and English

In French Books: 1967 Le droit propre la victime et son action directe contre l'assureur de la responsabilité automobile obligatoire. Préface par le Prof. André Besson Librairie Générale de Droit et de Jurisprudence, Paris, 1967.

Atucles : 1966 " L'unité économique arabe : Objectifs et moyens face a la réalité " in Annuario de Diretto Internationale, Napoli, 1966 , pp. 419 - 439 . 1969 "Le code de Procédure civile et commerciale de 1968 de la R.A.U." in Revue Internationale de Droit compare, Paris, 1969, pp. 585-589. 1972 " Le Phénomène Urbain en Libye-problèmes Juridiques" ... In Annuaire de l'Afrique du Nord C.N.R.S. Paris, 1972, pp.79-103. 1974 "L'évolution du Droit de la famille dans les pays de l'Afrique du Nord " in University of Toronto, Faculty of Law Review, vol.32 No.1, Toronto 1971,pp.33- 40. "L'acculturation Juridique dans les Pays de l'Afrique du Nord: les cas de l'Algérie et de la Libye" in Indépendance et Interdépendance au Maghreb, C.R.E.S.M., C.N.R.S., Aix-en-Provence, 1974,pp.159-200 1976 "Le marge de olvabilite des Companies d'assurance dans le carde du marche commun Européen" in "Etudes offertes au Professeur André Besson, L.G.D.J., Paris, pp.2) 26.

Appendix A – Alexandria University – Faculty of Law - CVs 107

"Les codes des Investissements en Afrique du Nord: les cas de Maroe et de la Tunusie" in Rapports de Dépendance au Maghreb", C.R.E.S.M., C.N.R.S., Paris 1976,pp.277-320.

In English Articles : 1970 "Third Party's rights against the insurer in the U.A.R." in A.I.D.A., Third World Congress , Paris, pp.193-195. 1977 "The Presumption of Advancetnent Revisited", in Bulletin of the Faculty of Law Alexandria University , 1977,pp. 21-95. 1987 The Abrab Regional arbitration Centres, in Euro-Aeab Arbitration/Arbitrage Euro-Arabe, Proceedings of the First Euro- Aeab Arbitration Conference /Actes du Pretnier Colloque Euro-Arabe sur l'Arbitrage, Lioyd's of London Press Ltd., London.p.72.

To be published : "Export Credit Insurance in Canada". "The beneficial Interest in the Matrimonial, Home in English Law and Canada Law"

Appendix A – Alexandria University – Faculty of Law - CVs 108 Faculty of Law

Curriculum Vitae Prof. Dr. Galal El Din Wafaa Mohamed El Badry Professor of Commercial, Maritime, and Aviation Law

1. License of Law, "Very Good" Faculty of Law, Alexandria University 1976 2. Public International Law Diploma Faculty of Law, Alexandria University 1977 3. Private International Law Diploma Faculty of Law Paris University, 1978 4. Masters Degree in Law New York university, USA< 1982 5. Masters Degree in Commercial International Law Tulane University, USA, 1983 6. Doctorate degree in Public international Law Tulane University, USA, 1986

Experience: - Assistant Teacher, Commercial Law Department, Faculty of Law, Alexandria University, 1977 - Associate Lecturer, Commercial Law Department, Faculty of Law, Alexandria University, 1978 - Lecturer, Commercial Law Department, Faculty of Law, Alexandria University, 1986 - Associate Professor, Commercial Law Department, faculty of Law, Alexandria University - Head of the English Section, Faculty of Law, Alexandria University, 1997

Appendix A – Alexandria University – Faculty of Law - CVs 109 - Professor, Commercial Law Department, Faculty of Law, Alexandria University, 2001

More Information - Seconded to Beirut University 1986 – 1990, - Seconded to the Industrial Bank, Kuwait, as a Legal Consultant, 1998, - Obtained Fulbright Grant for research, 1992 - Obtained Fulbright Grant for research, 1995 - Visiting Researcher, Faculty of Law, Berkeley, California University, USA, 1992, - Visiting Researcher, Faculty of Law, Stanford University, USA, 1993, - Visiting Researcher, Faculty of Law, Georgetown University, USA, 1996.

List of Publications Research - Responsibilities of the Aviation Carrier, Legal and Economic Research Magazine, 1993 - Effectiveness of Maritime Transportation rules in the new Maritime Law, Legal and Economic Research Magazine, 1993 - Public Use as a Bar to Patent Protection " A Search for a Criterion : a Comparative Assessment under American and Egyptian Patent Laws. ", Legal and Economic Research Magazine, 1993 - Theory of Technical Knowledge (Know – How) and its legal basis, Legal and Economic Research Magazine, 1993 - Trade Cheating, Highlights on the American Law, Legal Services Magazine, Faculty of Law, Alexandria University, 1993 - Legal Protection of Industrial Property, based on the Intellectual Property Accord (TEREES), Legal and Economic Research Magazine, 1997 - Legal Protection of Maritime Environment from Oil Pollution, Legal and Economic Research Magazine, 1998 - Arbitration between a foreign investor and the hosting country before the International Center for Investment Dispute Settlement (rules, procedures and modern attitudes, Legal and Economic Research Magazine, 1999 - Legal Aspects of Leasing << A Critical Review of Egyptian Law No. 95 of 1995 on Finance Lease, Legal and Economic Research Magazine, 2000

Books: - Emendation of Judgments, PhD Thesis, France, 1987 - Maritime Commercial Law, 1996 - Fundamentals of the Business Law, 1995 - Lessons in the Aviation Law, Beirut 1989, Alexandria 1991 - Lessons in the New Egyptian Maritime Law, 1991

Appendix A – Alexandria University – Faculty of Law - CVs 110 Faculty of Law Curriculum Vitae Prof. Dr. Hafeeza Alsayed Ali Mohamed Hadad Professor of Private International Law Arab Beirut University, Faculty of Law, Ex-Dean

1. License of Law, "Very Good" Faculty of Law, Alexandria University 1974 2. Private Intentional Law Diploma Faculty of Law, Alexandria University 1975 3. Studies in Public and Private International Law Diploma Faculty of Law Nice University, France, 1978 4. Doctorate degree in State Law "Excellent" Nice University, France, USA, 1986

Experience - Assistant Teacher, Private International Law Department, Faculty of Law, Alexandria University, 1974 - Associate Lecturer, International Law Department Faculty of Law, Alexandria University, 1979 - Lecturer, International Law Department, Faculty of Law, Alexandria University, 1984 - Associate Professor, International Law Department, faculty of Law, Alexandria University, 1992 - Professor, International Law Department, Faculty of Law, Alexandria University,1997 - Head of International Law Department, Faculty of Law, Alexandria University, 1997 - Vice Dean for Community Services and Environment Development, 2001

Appendix A – Alexandria University – Faculty of Law - CVs 111 List of Publications - Primary issues in Private International Law, Doctorate Thesis, 1984 - Judicial Private International Law, 1990 - Aviation Law, 1990 - New German Private International Law, Analytic and Economic Study, 1987 - Children Legal Protection, private International Law based agreements, 1988 - Male and Female equity principles based on the Private International Law, 1989 - Personal Status Applied Rules in Egypt, 1991 - Adaptation Situations in the Private International Law, 1988 - Identifying the essence and legal systems ruling contracts between countries and foreign people, 1995 - Contemporary attitudes of the arbitration agreements, concerning its independence, impact, and the legal system ruling it, 1996 - Contesting the arbitration judgments in Private International Disputes, an Analytic and Criticizing Study of the Egyptian Law No. 27 for the year of 1994, 1996 - Terms of Arbitration, an Analytic and Criticizing Study of the French Law, 1995 - Judicial Review of the Arbitration Judgments, an Analytic and Criticizing Study, 1999 - National Judge competence regarding the temporal and Precautionary Measures of the Arbitration, 1997 - The Contemporary Attitudes regarding Nationality Issue and the right of children with Egyptian Mother to obtain the Egyptian Nationality, 1996 - Provisional seizure of a ship based on Geneva Agreement, 2000 - Disputes of Commercial Agencies Contracts, 2000

Conferences Participated in the following Conferences and Seminars - Technology Transferring and Its Impact on the Economic and Legal Aspects, France, 1979 - Children Legal Protection based on United Nations Agreement, Alexandria, 1998 - Human Rights, France, 1988 - Muslims in Belgium, 1990 - Maritime International Arbitration, Alexandria, 1998 - Commercial International Arbitration, Ancient Monuments Protection, Cairo, 2000 - Banking Processes concerning the Legal and Economic Perspective, Beirut, 2001

More Information - Visiting Professor, Kind Abdel Aziz University, Jeddah, 1995- 1996 - Lecturer, The International Gulf Institute, Dubai, 1998 – 1999

Appendix A – Alexandria University – Faculty of Law - CVs 112 Faculty of Law Curriculum Vitae Prof. Dr. Hany Dowidar Professor of Private International Law

1- First Degree License of Law, Faculty of Law, University of Alexandria, May 1983, Grade "Excellent". 2- High Studies Diploma of Private Law, Faculty of Law, University of Alexandria, May 1984, Grade "Very Good". 3- High Studies Diploma of Public Law, Faculty of Law, University of Alexandria, May 1985, Grade "Excellent". 4- PH Doctorate in Private Law, Faculty of Law, Economics and Social Sciences, University of Bordeaux (France), February 1990, Grade "Very Honorable".

4- Occupational Career: 1- Nominated Repeater at the Department of Commercial and Maritime Law, Faculty of Law, University of Alexandria, starting from December 23, 1983.

Appendix A – Alexandria University – Faculty of Law - CVs 113 2- Nominated Assistant Lecturer at the Department of Commercial and Maritime Law, Faculty of Law, University of Alexandria, starting from November 20,1985. 3- Nominated Lecturer at the Department of Commercial and Maritime Law, Faculty of Law, University of Alexandria, starting from July 31, 1990. 4- Delegated to the Faculty of Law of the Beirut Arab University, from October 1, 1994 to September 30, 1998. 5- Nominated Associated Professor of Commercial and Maritime Law, Faculty of Law, University of Alexandria, starting from June 26, 1996. 6- Nominated General Secretary of the International University for African Development (Senghor University of Alexandria), from June 16, 2002 to July 31, 2003. 7- Nominated Professor of Commercial and Maritime Law, Faculty of Law, University of Alexandria, starting from October 22, 2002. 8- Nominated Head of Department of Commercial and Maritime Law, Faculty of Law, University of Alexandria, starting from October 24, 2002. 9- Nominated Member of the Legal Consultancy Committee of the University of Alexandria, starting from September 2003. 10- Nominated Executive Director of the Unit for Legal Studies in Foreign Languages of the Faculty of Law, University of Alexandria, starting from October 9, 2003. 11- Nominated Member of the Board of the Alexandria University Residences, starting from November 1st, 2003.

5- Principal Researches: a) In Arabic: 1- The factoring Agreement, Review of the Faculty of law - University of Alexandria for Legal and Economic Studies, 1991, No 3 and 4, P. 298. 2- The legal regulation of Financial Lease. A critic study of the French Law, Alexandria, 1994 and 1998. 3- The scope of monopolizing technical information whereby secrecy, Alexandria, 1994. 4- Problematic of delivering cargo consequently to a sea carriage of goods according to the Egyptian Maritime Law of 1990, Alexandria, 1995. 5- The impact of the Uruguay Round Agreements and of the Euro Mediterranean Partnership on legal professions in the Arab World, a paper presented to the Colloquium organized by the Attorneys Association of Beirut, October 1996. 6- The Maritime Arbitration in the Arab Countries, an Article presented to the Beirut Conference on Arab and European Arbitration, December 17-19, 1996, and published in the Lebanese Review of Arab and International Arbitration, No 3, 1996, P.21. 7- The new international order in matter of Intellectual Property, The 19th Congress of the Union of the Arab Attorneys, Sousse (Tunisia), May 1997. 8- Politics of Economic Reforms in the context of World Liberalization of Trade and their impact on the Social Security Institutions, a study presented to the Forum of experts in matter of Social Security, the Arab Labor Organization, Cairo, February 8-12, 1998. 9- Characteristics of Franchising: a mode of marketing goodwill, a paper presented to the first Colloquium on Franchising in Lebanon and Arab Countries, Beirut, May 28-29, 1998.

Appendix A – Alexandria University – Faculty of Law - CVs 114 10- Methodology of Practical Legal Studies,Beirut,1998. 11- Land, a subject of Leasing agreements according to the Egyptian Law of 1995, Alexandria, 1999. 12- Objectivism and Subjectivism in regulating trade in the new Commercial Code of 1999, Alexandria, 2000. 13- The impact of the General Agreement on Trade of Services on Liberal Professions. Towards a Unification of the regulation of the capitalistic and non capitalistic services, Alexandria, 2000. 14- The trade acts by analogy, Alexandria, 2002.

b) In English: 1- The health and safety requirements in the field of transports. A special focus on Maritime Transports, Alexandria, 1999. 2- Principles of Commercial Law, Alexandria, 2001. 3- Principles of Maritime and Air Law, Alexandria, 2002. 4- Transport and Insurance Law, Alexandria, 2004.

C) In French: 1- Disequilibrium of the bilateral obligations in the leasing agreement, PH Doctorate Theses, Bordeaux (France), 1990. 2- The economic foundations of the Egyptian society according to the Constitution of 1971, a study presented to the Colloquium organized by the Center of Legal Studies for the Arab World (CEDROMA), Jesuit University, Beirut, February 10-11, 1998. 3- The commission of carriage according to the Lebanese Law, Review of Legal Studies, Faculty of Law, Arab University of Beirut, No 1, Book 1, July 1998, P. 341. 4- The liberalization of the monopoly and the creation process of technical information according to the TRIPs Agreement, 3rd Colloquium of the International Union of Attorneys, Beirut, May 6-9,1999. 5- The legal frame of Egyptian foreign trade and Antitrust Law in Egypt, a study presented to the First Euro Mediterranean Meeting of Law, Marsilia, April 19-20, 2002.

6-Other Activities: 1- Visiting Professor to the Beirut Arab University. 2- Performing High Studies Courses at The Arab Academy for Sciences, Technology and Maritime Transport. 3- Legal Consultant of Petroleum Companies of the Investment Sector in Alexandria, from June 2000 to August 2003: • Alexandria Mineral Oils Company (AMOC). • Alexandria National Refinery and Petrochemicals Company (ANARPC). • Alexandria Petroleum Maintenance Company (PETROMAINT). 4- Programmer and performer of the Training Course of the Legal and Accounting Department of the Kuwait Ministry of Economy, Kuwait City, October 31 – November 4, 1999.

Appendix A – Alexandria University – Faculty of Law - CVs 115 5- Member of the Ministerial Committee for Reforming the Customs Law in Egypt.

6-Foreign Languages:

Spoken Read Written

• English Excellent Excellent Excellent • French Excellent Excellent Excellent • Italian Good Excellent Good

Done at Alexandria, on April 19, 2005.

Hany DOWIDAR

Appendix A – Alexandria University – Faculty of Law - CVs 116 Faculty of Law

Curriculum Vitae Prof. Dr. Mohamed Samy Abdel Hamid Professor of the Public International Law Ambassador at the UNESCO, Paris

1. License of Law, Faculty of Law, Cairo University 1957 2. Economics Diploma, Faculty of Law, Cairo University 1958 3. Public International Law Faculty of Law, Cairo University 1959 4. Public International Law Faculty of Law Paris University, 1961 5. Doctorate degree in Public international Law Paris University, France, 1964

Experience - Associate Member in the State Council, 1957 - Assistant Teacher, 1960 - Teacher, Public International Law Department, 1964 - Associate Professor, Public International Law Department, 1969 - Head of Public International Law Department, 1978 - Egypt Ambassador at the UNESCO

Appendix A – Alexandria University – Faculty of Law - CVs 117 More Information - Seconded to Beirut University, 197- 1977 - Seconded to Mohamed Ibn Saud University, Saudi Arabia, 1976 – 1978 - Egypt Representative (Ambassador) at the UNESCO, 1989 – 1994 - Elected Head of the General Conference Legal Commission at the UNESCO, 1993

Publications - International Organizations Law, - Fundamentals of Public International Law, Part One: the International Group – Part Two: the International Principles- Part Three: International Life – Part Four: International Disputes, - The United Nations, - The Legal Value of International Organizations Decrees, (the Egyptian Magazine for International Law, 1968, - China Attitude towards the Public International Law, Law Magazine, 1972, - Unneeded enrichment in the Public International Law, 1971, - World Health Organization, Law Magazine, 1972, - Legitimacy of the Atomic Activities, the Annual Italian Book of International Law, 1970, - The Impact of the International Agreements in facing Individuals, Law Magazine, 1972, - Contemporary Attitude of the legal search in the Western and Islamic World, Social Sciences Magazine, 1970, - The Impact of contract termination in the Egyptian Law, the Indian Institute of Law, 1976.

Appendix A – Alexandria University – Faculty of Law - CVs 118 Faculty of Law

Curriculum Vitae Associate Prof. Moatasem elGheriani, Esq. Associate Professor of Commercial and Maritime law

- University of California at Berkeley, Boalt Hall School of Law J.S.D, May 2004 Studied the “Netting Agreements in Derivatives Market: the Contractual Structure and its Regulatory Implications. Attended courses in Law & Economics, Cyber Law, Insurance and Corporate Finance and Corporate Reorganization.

- University of Cornell, Law School

Appendix A – Alexandria University – Faculty of Law - CVs 119 LL.M, May 2000 Attended courses in Contracts, Corporations, Securities Regulations, Mergers and Acquisitions, International Business Transactions, Corporate Finance, Anti Trust and the law of European Union.

- University of Alexandria, Faculty of Law LL.M, September 1997 Obtained by completing two Graduate Diplomas in Law: Private Law Diploma in 1997, and Public Law diploma in 1996 (both with a grade of Very good).

- LL.B, May 1995, Very good

Bar Membership: - Member of the New York State Bar Association since March 2003.

Publications: 1- In English: - Introduction to Commercial Law and Corporations, 2005 (Notes for third year law students). - Business Law for Business Students, 2005. (An introduction to the principles of Business law for Business students). - Netting Agreement in Derivatives Markets: the Contractual structure and the Regulatory Implications; Dissertation published in partial fulfillment of the requirement of the J.S.D degree at the university of California at Berkeley.

2- In Arabic: - Commercial Law, Volume 1, 2006. (Introduction to the principles of Commercial law, Anti trust laws and the laws of fair competition, the law of Intellectual Property).

Appendix A – Alexandria University – Faculty of Law - CVs 120 2) CAIRO UNIVERSITY - LIST OF FACULTY CVS

Appendix A –Cairo University- Faculty of Law – CVs 121 Associate Prof. Mohamed S. Abdel Wahab

Senior Lecturer, Faculty of Law, Cairo University, Egypt and Legal Advisor

Dr. Mohamed S. E. Abdel Wahab, Licence en Droit (CAI), LL.M (CAI), Ph.D (MAN), MCI Arb. is a Senior Lecturer at Faculty of Law, Cairo University, Egypt and Assistant Director of the Human Rights Centre at Cairo University. He has taught part-time on the LL.M, LL.B, and BA programmes at Manchester and Manchester Metropolitan Universities, England.

Dr. Abdel Wahab holds a number of visiting posts and is currently a Fellow of the Centre for Information Technology and Dispute Resolution at the University of Massachusetts, Amherst, USA. Dr. Abdel Wahab was appointed vice-president of the Cairo branch of the Chartered Institute of Arbitrators in 2005. Dr. Abdel Wahab also works as a Legal Advisor in the Cairo Regional Centre for International Commercial Arbitration, a Counselor for International Legal Affairs to the Information Technology Industry Development Agency, a legal counsel in a number of international commercial arbitration disputes, and acts as a sole arbitrator and co-arbitrator in a number of cases.

He works with the United Nations Expert Group on Online Dispute Resolution, and is affiliated with the Computer Crime Research Centre, Ukraine.

Dr. Abdel Wahab holds over thirty five prizes for academic achievement, and has published several articles in learned international journals and is a regular speaker in national and international conferences on Globalisation, International Commercial Arbitration, Private International Law, ADR and Online Dispute Resolution, E-commerce and IT Law. Amongst his most recent publications are: • “Cultural Globalization and Public Policy: Exclusion of Foreign Law In The Global Village”; in Freeman, M.(ed.); Law and Sociology (February 2006); (Oxford, Oxford University Press) • “Online Dispute Resolution and Digital Inclusion: Challenging the Global Digital Divide” in Tyler, M., Katsh, E. and Choi, D. (eds.); Proceedings of the Third Annual Forum on Online Dispute Resolution (2005). • “The Global Information Society and Online Dispute Resolution: A New Dawn for Dispute Resolution” (2004); 21(2) Journal of International Arbitration p.143-168.

Appendix A –Cairo University- Faculty of Law – CVs 122 • “Does Technology Emasculate Trust? Confidentiality and Security Concerns in Online Arbitration” (2004); Using Technology to Resolve Business Disputes, Special Supplement – ICC International Court of Arbitration Bulletin p.43-52. • “Globalisation and ODR: Dynamics of Change in E-Commerce Dispute Settlement.” (2004); 12(1) Oxford International Journal of Law and Information Technology p.123-152. • “The Law Applicable to Arbitration Agreements in Comparative Private International Law” (2000); Arab Journal of Arbitration. Dr. Abdel Wahab is also a member of several professional and legal organisations including the Chartered Institute of Arbitrators, Society of Legal Scholars, Socio-Legal Studies Association, Association of Internet Researchers, the Internet Society, the International Law Association, the British Institute of International and Comparative Law, and the Egyptian Anti-Cyber Crime Association.

His expertise lies in the field of: Private International Law (Conflict of Laws, Jurisdiction, and Nationality), International Commercial Arbitration (especially in hotel management, information technology, and construction disputes), Online Dispute Resolution, E- Commerce, and IT Law.

Appendix A –Cairo University- Faculty of Law – CVs 123 Dr. Mohamed S. Abdel Wahab 1, Abdel Aziz Helmy Street, Dokki,Giza,

Nationality: Egyptian Education and Qualifications: 2001-2004 Manchester University, United Kingdom

Doctor of Philosophy (PhD). Title: “Public Policy as a Fundamental Legal Conception Precluding the Application of Foreign Law in the Age of Globalisation.” A Comparative Study of English, French, and Egyptian Legal Systems. 2004 (September) Balliol College, Oxford University - The Chartered Institute of Arbitrators Advanced Diploma in International Commercial Arbitration. 2002 (July) King’s College London, United Kingdom (Centre of European Law) Intensive Course on European Union Law 2000-2001 Manchester University, United Kingdom Master of Philosophy (MPhil) in Comparative Conflict of Laws. 1999-2000 Cairo University, Egypt Post-Graduate Diploma in International Law with the grade of Very Good. (Graduated as top student). 1998-1999 Cairo University, Egypt Post-Graduate Diploma in Private Law with the grade of Good. (Graduated as top student). The two diplomas qualify as a Master degree (LL.M) 1994-1998 Cairo University, Egypt Licence en Droit with the grade of Very Good. (Graduated as top student). 1993-1994 Certificate of Secondary Education (Scientific Section) with 96% A Level: English and Biology. 1982-1994 Port Said Language School, Cairo, Egypt.

Appendix A –Cairo University- Faculty of Law – CVs 124 Work Experience:

Academic & Teaching Experience: Faculty of Law, Cairo University, Egypt

Sept. 98-Sept.2000 • Instructor in the Department of Private International Law. Since Sept. 2000 • Assistant Lecturer in the Department of Private International Law. Since Oct.2004 • Lecturer in the Department of Private International Law. 2005 • Teaching Load: o Introduction to Anglo-American Law. o English Contract Law. o Comparative Private International Law (Nationality, Conflict of Laws, and Jurisdiction).

School of Law, Manchester University, United Kingdom

2001-2002 • Part-time Lecturer on Conflict of Laws for the LLM Programme. 2003 • Part-time Lecturer on Contract Law for the LLB Programme.

School of Food, Consumer, Tourism and Hospitality Management, Manchester Metropolitan University, United Kingdom

2003 • Part-time Lecturer on Consumer Business Law for the Consumer Marketing Programme.

School of Law, Manchester Metropolitan University, United Kingdom 2004 • Associate Lecturer.

Arbitration Centre, Faculty of Law, Ain Shams University, Egypt

2005-2006 • Visiting Professor, Diploma in International Commercial Arbitration.

Ain Shams Academy, High Institute for Administrative and Computer Sciences Cairo, Egypt

2005 • Visiting Professor on Civil and Commercial Law.

Faculty of Law (English Section), Mansoura University, Egypt 2005 • Visiting Professor on Conflict of Laws.

Faculty of Commerce (English Section), Cairo University, Egypt 2005 • Visiting Professor on International Business Law.

Appendix A –Cairo University- Faculty of Law – CVs 125 Egyptian Insurance Institute (Branch of the Chartered Institute of Insurance), Cairo, Egypt 2005 • Visiting Professor on Insurance Law.

School of International Arbitration, Queen Mary, and the Cairo Regional Centre for International Commercial Arbitration Annual Joint Course on International Commercial Arbitration, Cairo, Egypt

2005 • Lecturer on Enforcement and Recognition of Arbitral Awards.

Arab Academy for Science, Technology and Marine Transport, Egypt

2006 • Visiting Professor on Anglo-American Legal Procedures (LL.M Programme on Comparative Litigation and Arbitration Procedures)

Centre for Information Technology and Dispute Resolution, Faculty of Legal Studies, University of Massachusetts, Amherst, USA, and the Cairo Regional Centre for International Commercial Arbitration Joint International Course on Online Dispute Resolution, Cairo, Egypt 2006 • Lecturer on Electronic Contracting and Online Arbitration.

Professional Experience:

Shalakany Law Office, Cairo, Egypt Since Sept. 98 • Of Counsel for Corporate, International Contracts, Dispute Resolution and Tourism related matters, and co-head of the Firm's Arbitration Group (2005-2006).

Cairo Regional Centre for International Commercial Arbitration, Cairo, Egypt Since 2005 • Legal Advisor.

Information Technology Industry Development Agency, Ministry of Communications and Information Technology, Cairo, Egypt Since 2005 • Counselor for International Legal Affairs.

Centre for Information Technology and Dispute Resolution, Faculty of Legal Studies, University of Massachusetts, Amherst, USA Since 2005 • Fellow.

Chartered Institute of Arbitrators (Cairo Branch), Cairo, Egypt Since 2005 • Vice-Chairman.

Achievements, Publications, and Conferences: Prizes • Holder of over thirty-five prizes for academic achievement in various subjects during the undergraduate and postgraduate studies at the Faculty of Law, Cairo

Appendix A –Cairo University- Faculty of Law – CVs 126 University. • Honoured by the Egyptian President as the Best Law Student in the country in 1998. • Honoured by the Cairo University Law Class of 1971 as the top student of 1998. Scholarships and • Holder of the British Council Chevening Scholarship for the Grants year 2000-2001. • Grant from the Arab-British Chamber Foundation in 2003. • Maintenance Grant from the Churches Commission of England in 2003. • Grant from the School of Law, Manchester University in 2003 and 2004.

Publications Journal Articles: • “Ascertaining the Law Applicable to the Arbitration Agreement in Comparative Private International Law” Journal of Arab Arbitration (a specialised periodical issued by the Secretariat of the Arab Union for International Arbitration) volume 3, October 2000. • “Globalisation and ODR: Dynamics of Change in E-Commerce Dispute Settlement.” ADRonline Monthly, April 2003. Center for Information Technology and Dispute Resolution, University of Massachusetts, Amherst, USA. • The previous Article is also published in Volume 12(1) of the Oxford International Journal of Law and Information Technology, Oxford University Press, Spring, 2004. • “Assessment of Damages in Fatal Accidents: A Quest for Legal Certainty in Conflict of Laws” A Commentary on Roerig v. Valiant Trawlers Ltd Case. Volume 12 (1) Nottingham Law Journal, Summer Issue 2003. • “The Leading Edge: ODR in Developing Countries” with Colin Rule (Co-founder of Online Resolution and Head of eBay Dispute Resolution Services) in the Association for Conflict Resolution Magazine, July 2003. • “L’Universalité des Droits de L'Homme à la Lumière du Troisième Millénaire” with Judge Mohamed Chawki, in Traboule (3rd Issue), University of Lyon 2. (October 2003) • “The Global Information Society and Online Dispute Resolution: A New Dawn for Dispute Resolution” Volume 21(2) Journal of International Arbitration, 2004. • “E-Commerce and Internet Auction Fraud: The E-Bay Community Model” Computer Crime Research Centre website, April 29,2004 (http://www.crime-research.org/ articles/ Wahab1). • “La mondialisation et les droits de l’homme: La co-existence des systèmes: Y a-t-il une conception universelle commune?” with Judge Mohamed Chawki (Forthcoming 2006) • “E-Commerce and ODR for Developing Countries: The Digital Nemesis” Journal of Arab Arbitration, (August 2004) • “Confidentiality and Security in Online Arbitration” Journal of Arab Arbitration, (October 2005) • “Identity Theft in Cyberspace: Issues and Solutions” with Judge

Appendix A –Cairo University- Faculty of Law – CVs 127 Mohamed Chawki, Lex Electronica, (April 2006) • “The Digital Divide, E-Commerce and ODR: Constructing the Egyptian Information Society”, Chapter in the Proceedings of the Second UNECE Forum on Online Dispute Resolution edited by Ethan Katsh. (http://www.odr.info/unece2003) • “Cyberspace, Culture and the Local-Global Nexus”, Chapter in e- Book Chapters: book by Inter-Disciplinary Press edited by Marcus Leaning and Brigit Pretzsch. • “Does Technology Emasculate Trust? Confidentiality and Security Concerns in Online Arbitration”, Chapter in the ICC International Court of Arbitration Bulletin Special Supplement on Using Technology to Resolve Business Disputes. (October 2004) • “Cultural Globalisation and Public Policy: Exclusion of Foreign Law in the Global Village”, Chapter in Law and Sociology edited by Michael Freeman. (Oxford University Press, Oxford) (February 2006) • “Microcosmic Reflections on the Production of Documents in Court Litigation and Arbitral Proceedings: Convergent and Divergent Trends in Egypt” Joint Chapter with Prof. Dr. Ahmed El Kosheri in the ICC International Court of Arbitration Bulletin Special Supplement on Production of Documents in International Commercial Arbitration. (Forthcoming October 2006) • “Public Policy and the Application of Foreign Law in the Age of Globalisation”, Mohamed S. Abdel Wahab. (Forthcoming) • “Essays on the General Principles of Private International Law” Books: (2006), Mohamed S. Abdel Wahab (Cairo University Press, Cairo) • “General Principles of Law: Introduction to the Study of Law” (2005), Mohamed S. Abdel Wahab (Cairo University Press, Cairo • “Introduction to Commercial Law” (2005), Mohamed S. Abdel Wahab (Dar Al Thakafa Al Arabia, Cairo) • The International Commercial Arbitration Conference held in the Conferences and Cairo Sheraton Hotel, Egypt under the auspices of Cairo Regional Training Courses: Centre for International Commercial Arbitration, The Ministry of Justice and The Rome Institute for Unification of Private Law, January 2000. • Is there a Rule of Law in Europe? Held in King’s College London, United Kingdom, July 2002. • EU Enlargement: A Legal Approach held in the Faculty of Law, Cambridge University, United Kingdom, July 2002. • Cyberweek 2003, online conference organised by the Center for Conference Information Technology and Dispute Resolution, University of Participation: Massachusetts, Amherst, USA, February 2003 • Society of Computers and Law Northern Group Seminar on “Smartcards”, May 2003 • Society of Computers and Law Seminar on “Online Dispute Resolution”, February 2004. • Cyberweek 2004, online conference organised by the Center for Information Technology and Dispute Resolution, University of Massachusetts, Amherst, USA, February 2004. • The Global Centre for Dispute Resolution Research Conference, New York, USA (May 2005).

Appendix A –Cairo University- Faculty of Law – CVs 128 Conference Papers • “Globalisation and the Application of Foreign Law”, SLSA Annual and Presentations: Conference, Nottingham Trent University April 14-16, 2003. • “The Global Information Society and Online Dispute Resolution: A New Dawn for Dispute Resolution”, SLSA Annual Conference, Nottingham Trent University April 14-16, 2003. • “The Digital Divide, E-Commerce and ODR: Constructing the Egyptian Information Society”, UNECE Forum on Online Dispute Resolution, Palais des Nations, Geneva, Switzerland June 30- July 1, 2003. • “Cyberspace, Culture and the Local-Global Nexus”, 1st Global Conference - Visions of Humanity in Cyberculture, Cyberpunk and Science Fiction, Prague, Czech Republic, August 11-13, 2003. • “Fraude à la Loi, Party Autonomy and Private International Law: Is there a Way Out?”, The Third Annual Solon Behaving Badly Conference, Fraud$, Fake$ & Deception$, Galleries of Justice Nottingham September 18-19, 2003. • “Globalisation and Public Policy: Enforcement of Arbitral Awards in a Changing World” University of Manchester School of Law ‘Work-in-Progress’ Seminar Series, March 10, 2004. • “E-Commerce and Cyber Fraud: Is It Safe to Shop Online? Safe Harbour Principles in the Global Market Place” SLSA Annual Conference, Glasgow University April 6-8, 2004. • “Globalisation: A Myth or A Reality? Analysing the Global Paradigm” SLSA Annual Conference, Glasgow University (April 6- 8, 2004). • “Technology is a Double-Edged Sword: Illegal Human Trafficking in the Information Age” with Mohamed Chawki in the 4th Annual Conference of the European Society of Criminology, Vrije Universiteit Amsterdam (August 25 - 28, 2004). • “Cultural Globalisation and Public Policy: Exclusion of Foreign Law in the Global Village” Current Legal Issues Colloquium, University College London (September 13-14, 2004). • “Confidentiality and Security Concerns in Online Dispute Resolution” SLS Annual Conference, Sheffield (September 15-16, 2004). • “Dispute Resolution and Information Technology at Crossroads: The Leading Edge” , UNCITRAL-CRCICA Joint Conference on Celebrating Success: 20 Years UNCITRAL Model Law On International Commercial Arbitration, Cairo, Egypt (September 12- 13, 2005). • “Demystifying Public Policy in International Commercial Arbitration: Curbing the Unruly Horse” , Arab Union on International Arbitration, UNCITRAL, CRCICA, and IFCAI Joint Conference on the Vital Role of State Courts in International Commercial Arbitration, Sharm El Sheikh, Egypt (November 19- 21, 2005). • “Online Dispute Resolution Systems”, Centre for Judicial Studies and Research, Ministry of Justice Conference on Digital Signatures: Towards a Judicial Strategy for the Implementation of the Electronic Signatures Law, Marriott Hotel, Cairo (March 8th-9th, 2006) • “Globalizing and Glocalizing Trends in Online Dispute Resolution:

Appendix A –Cairo University- Faculty of Law – CVs 129 Navigating through the Perils of Scylla and Charybdis” Fourth International Forum on ODR, (Cairo March 22nd -23rd, 2006) • “Data Protection and Privacy in the Digital Age: Islamic Perceptions and Globalizing Trends in the Egyptian Information Society” BILETA Conference on Globalization and Harmonization in Technology Law, (Malta April 6th-7th, 2006) • “Internationalization of State Contracts and the Applicable Law Dilemma: Balancing Public Interest Considerations and Party Autonomy Expectations” CRCICA and State Council Joint Conference on Arbitration in International Administrative Contracts, (Cairo April 16th -18th, 2006) • "Online Dispute Resolution in Egypt: Past, Present and Future" International Trade Centre UNCTAD/WTO Chamonix II – Symposium on “Managing Commercial Dispute Resolution Centres” 17-19 May 2006. • “E-ADR Mechanisms for the Settlement of E-Commerce Disputes and the Trust Factor” E-Commerce Training Course, Jeddah, Saudi Arabia (March 8th -10th, 2005). • “International Commercial Arbitration: Procedural Framework” International Arbitration Training Course Organized by the Egyptian Centre for Economic Development, Cairo (May 2005) • “The Legal Framework for Digital Signatures and E-Commerce” Digital Signatures Training Course Organized by the Egyptian Centre for Economic Development, Cairo (May 2005) • “Guidelines and Checklist for Drafting Arbitral Awards” Arbitration Training Organized by the Cairo Regional Centre for International Commercial Arbitration, Cairo (June 2005) • “Lawyering Skills and Legal Reasoning” Summer Training Lecture for Trainee Students at Shalakany Law Office, Cairo (July 2005) • “Resolving Public Interest Investment Disputes via ADR” Public Interest and Strategic Litigation Video Conferencing Training Course organized by the International Development Law Organization (November, 2005) • “Arbitral Awards: Recognition, Enforcement, Means of Recourse, and the New York Convention” Milan Chamber of Arbitration and CRCICA Joint Video Conferencing Training Course on International Arbitration: Rules and Procedures (Focus on Construction Arbitration), (November-December, 2005) • "Procedural Framework for Arbitral Proceedings and Drafting Arbitral Awards" Construction Arbitration Training Course Organized by the Technology, Training and Management Institute, Arab Contractors Corporation, Cairo (December 2005) • “Drafting Contracts in Complex International Projects” Contract Drafting Training Course, Centre for Legal Training, Faculty of Law, Cairo University (December 2005) Presentations at • “Dispute Settlement under the FIDIC Red Book for Civil Training Courses: Engineering Works” FIDIC Course Organized by the Technology, Training and Management Institute, Arab Contractors Corporation, Cairo (February, 2006) • “Contemporary Issues in Cybercrime and Data Protection” Arab Management Association, Cairo (February, 2006) • “Negotiating Better Deals in International Contracts, and Contract

Appendix A –Cairo University- Faculty of Law – CVs 130 Drafting Guidelines” Contracts Training Course, Arbitration Centre, Faculty of Law, Ain Shams University (March 2006) • "Online Dispute Resolution: Prevailing Trends and Practices" E- Commerce Training Course, Lawyering Institute, Egyptian Bar Association. (June 2006) • “Online Dispute Resolution and Digital Inclusion: Challenging the Keynote Addresses Global Digital Divide”, the Third UN Forum on Online Dispute Resolution, Melbourne Australia, July 5-6, 2004). Conference Chairing • Chaired the second session in the postgraduate stream of the and Organisation SLSA Annual Conference, Nottingham Trent University April 14- 16, 2003. • Chaired the Fourth Session in the Third Annual Solon Behaving Badly Conference, Fraud$, Fake$ & Deception$, Galleries of Justice Nottingham September 18-19, 2003. • Globalisation Stream Organiser, SLSA Conference, Glasgow 6-8 April, 2004. • Technology, Culture and ODR Stream Organiser, Cyberweek February 2005, online conference organised by the Center for Information Technology and Dispute Resolution, University of Massachusetts, Amherst, USA. • Technology, Culture and ODR Stream Organiser, Cyberweek October 2005, online conference organised by the Center for Information Technology and Dispute Resolution, University of Massachusetts, Amherst, USA. • Organizer of the Fourth International Forum on ODR held under the auspices of the Cairo Regional Centre for International Commercial Arbitration and the Centre for Information Technology and Dispute Resolution, University of Massachusetts, Amherst, USA. (Cairo March 22nd -23rd, 2006)

Relevant Skills & Training: IT Skills • Good user of computers, efficient in using Windows XP, Microsoft Office, and Westlaw and Lexis Nexus Databases. Skills & Training • One-day and Half-day Courses: Courses o Influencing Others (2002) o Managing Research Projects (2002) o Interviews and Assessment Centres (2002) o Psychometric Testing (2002) o Graduate Teaching Assistants Course (2002) • Longer Courses: o Research Methodology. (2000-2001) o Developing the Graduate Manager. (April 2002) o In Theory (Post Structuralism and Post Modernism). (October-December 2002) Arabic Mother Tongue. English Fluent. Languages French Good spoken and written.

Appendix A –Cairo University- Faculty of Law – CVs 131 Membership and Responsibilities: Membership of • Member of the United Nations Expert Group on Online Dispute Professional and Resolution. Legal • Member of the British Institute of International and Organizations Comparative Law. • Member of the Honourable Society of the Inner Temple. • Member of the Chartered Institute of Arbitrators (MCIArb). • Member of the International Law Association. • Associate Fellow of the Society of Advanced Legal Studies. • Member of the Association of Internet Researchers. • Member of the Socio-Legal Studies Association. • Member of the Society of Legal Scholars. • Member of the Internet Society. • Legal Expert and Researcher, Computer Crime Research Centre, Ukraine. • Founding Member of the Egyptian Association for Combating Cybercrime. Responsibilities • Member of the Egyptian Legislative Committee for Drafting the (Other) Cybercrime, Privacy, and Information Security Legislation. (Since 2005) • Member of the International Program Committee for the Fourth IASTED International Conference on Law and Technology, Massachusetts Institute of Technology in Cambridge, USA from October 9-11, 2006. • Assistant Director of the Human Rights Centre, Faculty of Law, Cairo University. (Since 2004) • Vice-Chairman, Chartered Institute of Arbitrators (Cairo Branch). (Since 2005) • Former member of the Supervisory Committee of the Students’ Union of the Faculty of Law, Cairo University. (1998-1999) • Member of the Royal Overseas League, UK. (Since 1998) • Member of the International Society, Manchester, UK (2000-2004) • Research Students’ Representative, Law School, Manchester University (2002-2003). • First Chairman and Head of the Steering Committee of Manchester University Postgraduate Law Society (2002-2003). • Member of Manchester University Egyptian Society, Manchester, UK (2000-2004)

Appendix A –Cairo University- Faculty of Law – CVs 132 APPENDIX B

READINGS

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 133 I HEARD IT ALL BEFORE: EGYPTIAN TALES OF LAW AND DEVELOPMENT* "Amr Shalakany**

The “rule of law” is curiously popular in the Arab Middle East today – if not as a reality on the ground, then certainly as a hegemonic slogan raised by an increasingly bizarre collection of odd bedfellows. Egypt is a particularly good example of this phenomenon. Over the past decade or so, a diverse set of local and international voices gradually came to rally under the same mantle, each with a different reason in demanding “rule of law” reforms from the Egyptian government: the World Bank says it’s good for development and the Bush administration says it’s good for democracy; Egyptian human rights organizations are joined by their international associates in naming and shaming rule of law violations, aided in this by a booming industry of “rule of law” publications spanning academic scholarship, UNDP Arab Development Reports, position statements issued by funding agencies and policy documents developed by concerned think-tanks. Over the past year, the “rule of law” has also become the single most unifying slogan shared among the splintered platforms of Egyptian opposition groups, whether secular or Islamist, as well as a bevy of professional associations, intellectuals and civil society activists. While the latter are all deeply hostile to the World Bank and Bush Administration, they also all happen to share a common enthusiasm for the same slogan. Egypt had its first taste of “rule of law” reforms back in the late nineteenth century, and the parallels between then and now are intriguingly familiar. A sever debt crisis in 1876 saw Egypt go bankrupt and its finances put under the control of an internationalized Caisse de la dette, with Great Britain and France overseeing the nation’s budget to insure fiscal responsibility and regular payments to its creditors. Concurrently, a civilian legal system was transplanted from Europe, complete with French inspired codes, a modern judicial system, and a new secular law school. In today’s terms, Egypt was a “failed” state that adopted “rule of law” reforms as part of a larger internationally-backed program to save its floundering economy. A century later, Egypt went through another deep financial crisis, its Paris club of creditors agreed to $10 billion loan write-off, and in return Egypt embarked on an IMF- overseen economic restructuring package. The “rule of law” was part of it again. In drawing the above parallels, I do not mean to make an old-wine-new-bottles argument in which the “rule of law” features twice as a colonial instrument deployed to serve the enduring interests of global capitalism. This is not my point here. Rather, I am interested in tracing the effect “rule of law” reforms had in raising the profile of Egyptian legal practitioners and empowering them as instrumental decision makers on multiple questions of public concern. What the elite did with its new found powers is therefore deeply significant in assessing the rule of law as a strategy for economic development and political emancipation. In particular, I argue that the history of the Egyptian legal elite makes it very difficult to either embrace the rule of law as a panacea or dismiss it out of hand as a colonial ploy.

* Madonna, “Sorry”, Confessions on a Dance Floor, WEA International: 2005.

** Assistant Professor of Law, The American University in Cairo; Associate Professor, Cairo University Faculty of Law. My thanks go to Tamara Chalabi, Hani Sayed and Chantal Thomas for their very helpful comments.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 134 Accordingly, this article provides a brutally condensed history of the Egyptian legal elite from the late nineteenth century to the present day.1 There are three stages to the narrative: First, the legal reforms of 1876-onwards allowed a new elite of lawyers to rise into power by the same century’s end. Within a couple of decades, these lawyers managed to cajole and bully their way into taking charge of the nationalist movement, outmanoeuvre competition from Islamic law scholars and foreign lawyers alike, set the political and cultural tone of Egypt until the mid twentieth century, and in the interim rule as a coterie of ministers and government officials, as well as writers, journalists, artists, and above all intellectuals of varying liberal stripes.2 In doing so, the legal elite dovetailed a nationalist project of independence from British occupation with a “liberal legality” project of political and economic governance. In the process, they actively participated in developing a new modern of Egyptian identity: the nation was reinvented as neither Ottoman-Islamic nor Pan- Arab, but rather as singularly “Egyptian” with complicated roots to both legacies. Second, the lawyers’ fall from grace in the mid twentieth century is contemporaneous with the failure of the above “law & identity” project. Following a military coup in 1952, a variety of political and economic factors conspired to replace the lawyers with a new elite of military officers and technocrats. The nation’s identity was reinvented again: This time, Egypt shifted towards a secular Pan-Arab nationalist project combined with a Third World/import- substitution vision of economic development. These shifts in nationalist identity and development strategy left the lawyers without intellectual contribution or political leadership in the ensuing new mixture of socialist laws and Arab nationalism that came to identify Egypt throughout the 1950’s and 60’s. And the legal profession’s standing suffered greatly: Once dubbed the “college of ministers” for the inordinate number of its graduates rising into political prominence, Cairo University Law School has since then been dismissed as the “university garage”, a dumping ground for the least capable high school students who could not secure admission any where else.

Finally, the return of the “rule of law” into prominence today has once again opened a space for Egyptian lawyers to become active participants in national debates over the public good. Their chances of rising into prominence largely depend on the lawyers’ facility in combining methodologically innovative projects of legal reform with an equally creative project of nationalist identity formation. Perhaps the most creative contribution comes today from the Muslim Brotherhood and its lawyers, dovetailing an Islamist interpretation of Egypt’s identity with a legal project of returning the Shari’a back into the scope of judicial application. However, the Brothers are also competing with three other players in the Egyptian legal profession: corporate lawyers, judges, and human rights lawyers. Each of these players is

1 The term “elite” is as notoriously slippery as the alternative term “class” which it originally appeared to augment and/or replace. I will not get into the different definitions of the term “elite.” Instead, I take it as a given that Egyptian lawyers did play such major role on political, intellectual, and cultural issues, that their elite status will become obvious to the reader without the need to enter into the hopelessly contested meaning of the term. For an excellent summary of the different strands of elite scholarship, cutting from the classical elite theory of the Italian school to recent developments, see E. Etzioni-Halevy, “Elites: Sociological Aspects”, International Encyclopedia of the Social and Behavioral Sciences (2002), pp 4420-4424.

2 Such was their astonishingly meteoric rise into power, that when the young King of Egypt decided to get married in the 1937, his choice for prospective Queen was nothing but a lawyer’s daughter. Five decades earlier, the legal profession was so new and its reputation so uncertain that no respectable family would have been willing to consider lawyers as marriage material. See generally, F Ziadeh, Lawyers, the Rule of Law and Liberalism in Modern Egypt, Stanford: Hoover Institution Publications, 1968.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 135 increasingly empowered by the rising demand for “rule of law” reforms in the public sphere, and while all are committed to a skeletal notion of the rule of law, this agreement conceals deeper divisions over the details of required legal reforms and development strategy. Of no less significant is the lawyers’ disagreement in answering the nationalist “who-are-we?” question. This article proceeds on fairly chronological lines to recount the rise-fall-return narrative required in substantiating the above claims. To give it a more linear texture, I tell the story through the history of Cairo University Law School, the faculty of law from which the profession’s elite mostly graduated.3 Since the “rule of law” features prominently throughout these pages, I will first start by detailing the different meaning associated with the slogan since its rise in the early 1990’s onwards, and then move on to telling the story. To end, I admit it’s overly ambitious to condense over one hundred of the profession’s history into an article limited by a sombre word count, and apologize if the narrative sounds rushed and possibly harried at times. Nonetheless, I hope this historical condensation has the saving quality of making the rise-fall-return cycle all the more striking.4

Rule of Law Redux: And when they were up they were down Over the summer of 1952, Egypt went through a constitutional crisis that paradoxically evidenced the strength of its ruling elite of lawyers while concurrently spelling out their last days in power. A band of army officers had just taken charge of the country in a swift and bloodless military coup, forced King Farouk into abdication, and now had to deal with a Regents Council ruling the country on behalf of an infant crown prince. Under the country’s liberal constitution, the Regents should have pledged allegiance before Parliament, but the latter was suspended and the army officers were loath to calling it back for a swearing-in ceremony. It took an administrative court decision to resolve the crisis, and the decision was authored by none other than Abdel-Razzak Al-Sanhuri (1895-1971), the Arab World’s foremost jurist, and a law professor, minister and judge at his native Egypt. As the uncontested scion of the country’s ruling legal elite, Sanhuri argued the Regents could deliver their oath before the cabinet, thus providing the army officers with a much needed cover of constitutional legitimacy. Two years later, Sanhuri famously clashed with Colonel Nasser, the de facto leader behind the coup. The clash all-too-symbolically signalled the downfall of lawyers from the ranks of Egypt’s ruling elite. The clash also provides a convenient watermark for the collapse of the “rule of law” during in the ensuing military-republican era.

3 Historically, the legal profession has been singularly adept at assuming an elite status, giving Egyptian lawyers an inordinate share among Arab colleagues who rose into domestic and global prominence. Almost all graduates of Cairo University Law School, one can easily count among them two judges on the International Court of Justice, one Secretary General of the United Nations, a Director General of the International Atomic Energy Agency, a Vice President and General Counsel of the World Bank, along with the predictable bevy of Egyptian Secretary Generals for the Arab League.

4 This article is based on a larger forthcoming book in Arabic, Min al-Izdihar ila al-Inhiyar: Tarikh al-Nukhba al-Kanuneyya fi Misr 1883-2006 (Cairo: Dar Al-Shorouk). For a more detailed account in English, The most helpful source on the topic remains F Ziadeh, Lawyers, the Rule of Law and Liberalism in Modern Egypt, Stanford: Hoover Institution Publications, 1968; a slightly more up to date reference is D Reid, Lawyers and Politics in the Arab World, 1880-1960, Minneapolis/Chicago: Biblioteca Islamica, 1981.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 136 Four decades later, the “rule of law” started making a come back as a popular slogan with multiple meanings that depend on who is leading the chant. From 1991 to 2001, the slogan struck Egyptian ears as largely related to things-economic, while from 9/11 onwards, the rule of law expanded to denote things-democratic as well. To trace the beginning, one must strain the memory back to the heady years following the end of the First Gulf War, when Bush the father announced a “New World Order,” and a budding Israeli-Palestinian peace process gave the impression of a “New Middle East” emerging on the back of regional economic integration. Egypt had joined the US-led coalition which pushed Iraqi forces out of Kuwait in 1991, and in return was rewarded with a gradual debt write-off of $10 billion from the Paris club of creditors. In return, the Egyptian government formally agreed to an IMF- overseen economic reform program, with macro-economic restructuring so seemingly successful that Egypt was whimsically referred to as “the tiger on the Nile.”5

The “rule of law” thus first assumed prominence as part of the IMF/World Bank set of economic reform admonitions – in this case, to adopt a series of legal reforms intended to underpin Egypt’s transition to market economy. Largely equated with “good governance” in the private sphere, the rule of law entailed a commitment to property rights, strong contract and tort regimes, plus a new regulatory framework incorporating global “best practices,” all combined with an “anti-corruption campaign” particularly intended to bolster a clean and efficient judiciary. Socialist laws from the Nasser era were dismantled, and Civil Code provisions governing free market relations were reactivated. Egyptian judges were sent abroad for professional training, computers were installed at local courts, and a host of new laws were passed to govern everything from commercial arbitration to capital market regulations. The “rule of law” was on.

Yet by January 2001, the promise of economic prosperity underpinned by legal reforms had largely faded. Regionally, the Israeli-Palestinian peace process was all but dead, and the notion of an integrated Middle East economy seemed fanciful, if not straight out absurd. Egypt’s on-again-off-again embrace of market reforms also went into a slump as the government balked at politically precarious decisions on privatization and fumbled with plummeting macro-economic indicators. Though Egypt remained formally committed to “rule of law” reforms as a necessary support its economic restructuring program, the slogan had clearly lost much of its luster.

The tragic events of 9/11 ushered in their aftermath a second and more expanded meaning to the “rule of law,” an expansion that insured the slogan’s continued relevance to both Egypt and the larger Arab Middle East today. Instead of merely denoting private law reforms as a requirement for economic development, the slogan today has expanded to signify a larger and more-fuzzy notion of “democracy.” Internationally, two major policy shifts allowed this to happen. First, the World Bank signaled it was re-imagining development as a “comprehensive, holistic framework” with “structural, social and human aspects” that were added to the earlier neoliberal formulation which largely imagined development in macro- economic indicators such as “GDP statistics, interest rates, reserves statistics, and percentage growth statistics.” In its rule of law sensibility, the Bank now included the protection of “human and property rights,” and added new fields of legal reform such as “personal rights laws” next to the predictable bevy of laws governing contracts, torts,

5 For a summary, see Egypt Almanac 2003, Wilmington, DE: Egypto-file, 2002, pp. 169-262.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 137 bankruptcy and the like.6 The slogan’s expansion to include “second generation reforms” with a clear “social” commitment was further solidified when the Bush Administration came public with its 2002 “National Security Strategy for the United States,” a document that openly claimed “America must stand firmly for the nonnegotiable demands of human dignity: the rule of law; limits on the absolute power of the state; free speech; freedom of worship; equal justice; respect for women; religious and ethnic tolerance; and respect for private property.”7

On the national level, the “rule of law” has also transformed into perhaps the single most unifying slogan shared by the many strands of Egyptian opposition groups, professional associations, intellectuals, and civil society activists. Though split between seculars and Islamists, liberals and Arab socialists, these diverse actors are nonetheless united today in their shared demand for the “rule of law” as a solution to national problems. Mobilized by opposition to the Iraq War and possibly encouraged by Western pressure on the Mubarak regime to reform, what these diverse actors share is a highly skeletal notion of the rule of law, namely: a “rights-based” conception of the state where “public power is regulated by general norms (fundamental or constitutional laws) and must be exercised within the framework of the laws which regulate it, while citizens have secure rights of recourse to an independent judiciary in order to establish and prevent any abuse or excessive exercise of power.”8 Understood in these basic liberal terms, the Egyptian opposition has now also joined the chanting ranks of “rule of law” supporters.

The above developments have allowed Egyptian lawyers to once again assume an important role in public debates over the nation’s future. Yet after five decades in political wilderness, the profession appears either too disorganized or too divided by internal strife to take advantage of the “rule of law” and its renewed popularity. Perhaps most tellingly, the legal profession continues to suffer from a status-crisis, its prestige never having recovered fully after the downfall of 1952. While marrying your daughter to a lawyer may not be as shameful as it was in the late nineteenth century, today’s discerning parents would nonetheless still worry should one of their brighter children decide to enrol in law school – and very few would blame them.

An Egyptian fin-de-siècle: The buildings at Cairo University Law School carry a look shared by many others across Cairo, the familiar charm of a decaying colonial structure combined with a modern-kitsch twist that tells of recent forays into its upkeep. The place has an instantly recognizable

6 See generally, J D Wolfensohn, “A Proposal for a Comprehensive Development Framework” (May 1999), available at http://www.euforic.org/rodzend/ma99.htm; World Bank, “What is CDF: Ten things You Should Know About CDF,” available at http://www.worldbank.org/cdf/; For an excellent analysis of this shift in conceiving Development and its connection to the rule of law, see Kerry Ritich, “The Future of law and Development: Second Generation Reforms and the Incorporation of the Social,” Michigan Journal of International Law, 26, 2004, p. 199.

7 http://www.whitehouse.gov/nsc/nss.html

8 N Bobbio, Liberalism and Democracy, London/New York: Verso, 2005, p.12. While Bobbio’s definition is admittedly skeletal, it nonetheless provide the core set of commitments shared by all strands of lawyers in Egypt today, regardless of their differences in imagining the state’s functions as minimal or more “social,” or their disagreement over the secular/Islamic identity of the legal system as a whole.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 138 Cairene feel to it, in this case featuring Palladian inspired columns and restrained neoclassical references with images of an ancient-Egyptian god for academic logo, combined with the recent additions of cheap granite floors, pealing paint in a variety of odd colours, and a smattering of plastic potted plants here and there. By the time the Law School had settled at these premises in the late 1920’s, it had already existed for some ninety years, moved from one address to the other, changed its name on multiple occasions, and had its educational mission furtively expanded over the years. The School has not changed address since then, and by the 1950’s it had also shed its older reputation for name changing and finally settled on the one it currently carries.

The law library collection features books stamped with a multiplicity of emblems, a subtle reminder of the School’s changing fortunes: the older books carry stamps of the “Khedivial Law School,” while an odd one here and there is stamped with “The Egyptian University” emblem, others declare they belonged to the “Sultanian Law School” or “The Royal Faculty of Law,” while the majority are stamped either “King Fouad I University” or “Cairo University.” The dusty bookshelves are dotted with Native and Mixed Court reports in French, English and Arabic, pictures of past deans adorn the wall, each sporting a last name of foreign or local extraction, and mimeographs of lectures by a host of visiting professors all indicate this once was a highly cosmopolitan space of legal education.

The beginnings were decidedly humble: the Law School started its life as a languages institute established in 1838 by Mohamed Ali Pasha, yet another part of a state-led modernization project that never went as well as originally hoped for. Ruling Egypt for the first half of the nineteenth century (1805-1848), most historians continue to use largely positive terms in accrediting the Pasha with all things “modern”, from raising a “modern” army that secured Egypt’s autonomy from the Ottoman Empire, to digging the “modern” irrigation canals that multiplied the nation’s agricultural productivity.9 Ignoring the human cost involved, he took the country through the staple variety of social and economic upheavals associated with “modernization,” and somewhere in the process realised what his project sorely needed was a new type of state functionary.

Thus the first mission of Egyptian students was sent to France in 1828, and some of those who came back had studied natural law, international law, public law, political economy, statistics and administration. The religious head of the mission was Sheikh Rifa’ah al- Tahtawi, an Islamic legal scholar trained at al-Azhar University and eventually charged by the Pasha to set up and direct the new School of Languages. Opening its doors in 1836, the School graduated a host of leading government officials, while Tahtawi directed Arabic translations of the French Civil, Commercial and Procedural Codes. But the School of Languages was not intended to graduate legal practitioners as such, and the legal profession remained largely as it was before its establishment: Islamic law education at Al- Azhar University that prepares students for the twin roles of qadi (judge) and ‘alem (legal scholar), all in the context of Islamic Shari’a courts.

The Islamic legal system was kept pretty much intact, though the Pasha did tweak it here and there with specialized courts, commercial councils, and a variety of edicts intended to

9 Indications of a new school of Egyptian historiography are equally far fetched. For the most sustained attempt at critically revisiting Mohamed Ali’s reign with a conscious attention to the human cost of his modernization project, see K Fahmy, All the Pasha’s Men: Mehmed Ali, his Army and the making of Modern Egypt, Cambridge: Cambridge Universty Press, 1997.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 139 facilitate trade and impose law and order. Lawyers simply did not exist in the sense we know today. Rather, litigants were expected to present their cases personally, or employ the drafting and oral skills of the much maligned arda’halgy and wakil, two informal professions whose occupants hovered around government buildings, peddling their draughtsmanship skills and knowledge of the system at a negotiable price. Their shady reputation for swindling and forgery haunted the new breed of secular trained lawyers who started graduating in the late nineteenth century, their work initially confused with this earlier manifestation of their new profession.10 The next change in the School’s fortunes came three decades later. Sitting at his grandfather’s throne, Khedive Ismael (1863 – 1879) was no less committed to catching up with Europe than the Pasha was. New railways and telegraph lines mushroomed, the primary and secondary educational systems were revamped, the government bureaucracy solidified, and by the inauguration of the Suez Canal in 1869, the nation’s finances and trade were fully integrated into the global capitalist system.11 All this was couched in the Khedive’s aesthetic fantasies of a Parisian style “modernization”: Cairo received its first urban planning intervention in centuries, with Haussmann-inspired grands boulevards intersecting at multiple rond points, a new public park modelled after the Bois de bologne, and a new opera house with Verdi commissioned to compose it’s inaugural performance – the latter was based on libretto telling of earlier and largely imaginary Ancient Egyptian conquests in Africa as an operatic salute to the Khedive’s more contemporary if equally mercurial imperial drive to Egypt’s south.

The School of Languages had shut down during the reign of the Khedive’s uncle, Abbas Hilmi I (1849-1854), a man who seemed to have had his fill with his father’s “modernization” schemes and spent his brief reign unrolling many of them. On the other hand, the new Khedive was a modernising state builder, bent on staffing his new bureaucracy like his grandfather before him. And so, the School reopened its doors in 1868, this time under the more expansive name of the “School of Administration and Languages.” This makeshift approach to reinventing the School was reflected in the Khedive’s choice for its founding dean. Victor Vidal, a French trained engineer, was already in Egypt imparting his technical skills to Egyptian engineering students after he had come to the Khedive’s attention during the Paris Exposition of 1868. But Vidal also happened to carry a law degree that tickled the Khedive’s multitasking sensibilities: deciding the man would better serve as founding dean of the newly reopened School of Administration and Languages, he summarily moved him from engineering to law.

Dean Vidal’s official task was to set the curriculum with an eye on graduating civil servants and government functionaries, and so he split the school into two principle departments, “administration” and “languages.” His mission was not to graduate lawyers or judges – the former was a yet unknown profession, while the latter continued to receive an Islamic legal education to work as qadis in the Shari’a courts. Yet a brief glance at the courses taught in the “administration” department confirms this was obviously a law school, though one with a much muddled curriculum. Students would study “Egyptian Civil Law as compared with

10 A F Zaghloul, Al Muhamah, Cairo: Dar Al-Maarif, 1900, pp. 248-49.

11 For a wide ranging introduction, see R Owen & S Pamuk, A History of Middle East Economies in the Twentieth Century, Cambridge: Harvard University Press, 1999.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 140 leading European legal systems” along with “Natural Law, Roman Law, Commercial and Maritime Law, Accounting and Bookkeeping, Procedural and Criminal Law.” Added to this was a baffling host of language courses in “Arabic, Turkish, Persian, French, Italian and Latin.”12

This muddled curriculum reflected the even more muddled state of the country’s legal system. Seeking to encourage commercial relations with Europe, Ottoman Sultans had made a habit of signing treaties allowing foreign traders to have their commercial disputes heard before the “consular courts” of their own nationality. As part of the Ottoman Empire, Egypt was bound to these “legal capitulations,” and by the late nineteenth century those had had peaked into a jurisdictional puzzle, featuring seventeen consular courts, each vying with the other to apply its own national laws to disputes involving mixed nationals living in Egypt. A solution of sorts came with the establishment of the Mixed Courts in 1876, a unified court system that replaced the myriad consular courts and claimed exclusive jurisdiction to all disputes involving foreigners in the country. Sitting at the bench were Egyptian and foreign judges representing the different capitulatory nations, and a series of French-modelled codes were especially drafted for the Mixed Court’s application.13 In the interim, things had gone sour for the Khedive: Originally touted as “Klondike on the Nile” in the 1860’s, Egypt finances soon ran into trouble and the country was declared bankrupt in 1876.14 International intervention first happened as an economic program designed to insure the Khedive would repay his loans back to his European creditors. When the Khedive proved unreliable, he was removed from power, an even deeper international crisis ensued, and the country fell under British occupation in 1882. A few months later, the Egyptian cabinet pushed ahead with earlier plans to establish a “modern” court system modelled after the Mixed Courts and dealing exclusively with civil, commercial and criminal disputes between Egyptian litigants.

The “Native Courts,” as they came to be know, were thus born in 1883, and historians since then have debated the government’s rush for their establishment only months after the occupation. While some find in the courts a native elite’s desire to put a check on looming British colonial powers in administering Egypt, others dismiss the courts as a compradora ploy, while a third find the whole affair a betrayal of the nation’s Islamic law heritage and its replacement by foreign adopted laws. Whatever the reasons, the Mixed and Native Courts gave Egypt its first experience of the rule of law: the Khedive’s finances were separated from the state budget and the courts threatened not to hear any cases raised by the government until it enforced judicial decisions to its detriment. An independent judiciary that stood in opposition to the government that emerged, and from the start it was invested in putting a check on the powers of the state through applying a set of modern laws codifying liberal principles of private law governance. Since agricultural land was the most important collateral to Egypt’s loans, the courts were particularly invested in protecting property rights and enforcing contractual agreements. At a more symbolic level, the Mixed Courts also played an important role in raising the profile of judges and lawyers into an elite calling,

12 M K Mursi, “Kulliyat al-Huquq”, Al-Kitab al-Dhabai lil Mahakil al-Ahleyya, Cairo: Amireyya Press, 1933, pp. 411-412.

13 See generally, J Y Brinton, The Mixed Courts of Egypt, New Haven/London: Yale University Press, 1968.

14 See generally, D Landes, Bankers and Pashas. International Finance and Economic Imperialism in Egypt, Cambridge: Harvard University Press, 1979; J Marlowe, Spoiling the Egyptians, New York: St Martin’s Press, 1975.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 141 bound by strict professional rules, and invested in an emerging separation of executive and judicial powers.15 Between the establishment of the Native Courts and the emergence of British occupation, the School of Administration and Languages changed its name for yet a third time. It now received a royal acronym, finally managed to get the word “law” into its title, and for the first time expanded its formal mission to graduating the judges and lawyers necessary to man the Native Courts. Now called the “Khedivial Law School,” the curriculum was changed in 1886 to include an elementary section designed to graduate court and government functionaries after two years of studying Arabic and French, history, geography, bookkeeping, and procedural law. An upper section was also created, requiring a further three years of study in the nation’s newly codified legal system.16

Nationalism to the Rescue: 1882-1919

In their eventual march towards elite status, graduates of the new Khedival Law School had to compete with graduates of two other law schools, each claiming a piece of the country’s multi-jurisdictional pie. On the one hand, Al-Azhar University continued to graduate judges trained in Islamic law who then moved on to working before the Shari’a courts – though the latter’s jurisdiction was radically curtailed following the establishment of the Native Courts and thereon limited to hearing disputes involving family law and Islamic endowments only. A new Qadi School was established in 1907 to graduate Shari’a judges and lawyers, but then abolished in 1928 and its educational mission transferred back again to Al-Azhar University.

On the other hand, a new French law school was established in 1890, and put under the direct supervision of the French Ministry of Foreign Affairs, with professors sent from France and offered salaries that far exceeded what an Appeals Court judge would receive in Paris. Graduates of the École libre de droit worked as lawyers before the Mixed Courts, offering an alternative model of lawyering as a prestigious and financially rewarding profession. At first almost exclusively composed of Europeans with a smattering of Levantine Arabs, the Mixed Courts’ lawyers unionized early into the country’s first bar association, vigilantly guarded their turf, and for their services received much higher fees than those charged by their Khedivial Law School colleagues working before the Native Courts. Accordingly, graduating from the Khedivial Law School did not initially appear as a certain road to assuming elite status. Graduates who sat as judges at the Native Courts were joining a brand new judicial body with unclear future prospects, while those who decided to become lawyers had to fight off the shameful reputation of the earlier professions that many confused them with. Moreover, Khedival Law School graduates faced competition from the better organized foreign lawyers working before the Mixed Courts, and concurrently had to deal with the older elite of Azharite trained judges who were understandably hostile after the Native Courts had radically truncated the jurisdiction of their own Islamic Shari’a Courts.

With their disgruntlement initially confined to hushed opposition, the Azharite elite at best became tough negotiating partners in the various legal reform projects championed by

15 See generally, N Brown, The Rule of Law in the Arab World, Cambridge: Cambridge University Press, 1997, pp 23-128.

16 For the details of the new curriculum, see Ministére de l’instruction publique, Règlement organique de l’École de droit, Cairo: 1886.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 142 Khedival Law School graduates, and at worst set out to question the very legitimacy of the Native Courts and the new Civil, Commercial and Criminal Codes it applied. This was a serious charge indeed, dismissing the new legal system as a non-Islamic aberration with suspect colonial roots, and therefore putting in question the Islamic loyalties of the lawyers and judges working in its ranks. Nationalism came to the rescue on all of the above challenges. By monopolizing the leadership of the Egyptian nationalist movement, Khedival Law School graduates managed to glorify the image of the “native lawyer” invested in defending the case for Egyptian independence in the modern terminology of international law, and in the process reversed the traditional stigma haunting the honourable nature of their profession. Moreover, by intellectually developing a new project of nationalist rebirth, deeply contributing to the invention of modern Egyptian nationhood, and providing on-the-ground anticolonial leadership, the lawyers banked on their nationalist credentials to push through a variety of domestic legal reforms that eventually led them to prevail over their Mixed and Shari’a Courts colleagues.

Egyptian military officers had allied with the Azharite elite to stage a disastrous rebellion that eventually culminated with the British occupation in 1882. Both were the only native elite the country had known, and they were either ruthlessly crushed after the occupation or shamefully reneged on their nationalist activities in the ensuing trials. Egypt thus went through a leadership vacuum that left it without an obvious nationalist elite to oppose the occupation. Moreover, there was need for an alternative type of leadership, one that could present Egypt’s demands for independence internationally and deploy various types of opposition at home. The military officers and the Azharite elite were by turns incapable or unwilling to fulfil this role, and native lawyers moved in with alacrity to fill the vacuum. It is very difficult to resist experiencing the Egyptian nationalist movement as anything but a modern legal artefact: The leadership was almost exclusively composed of lawyers, the discourse consequently heavy on legal references, and the events leading up to the popular revolts of 1919 have the eerie feel of an attorney-client relationship going through a crisis of representation. If a single man is to be credited here, then it must be Mustapha Kamel Pasha, a child prodigy turned into the nation’s lawyer, and whose extreme intelligence, ambition, and single mindedness made him Egypt’s uncontested nationalist hero. Collapsing to death in 1908, Mustapha Kamel was barely thirty four years old, but the Khedivial Law School had already become the most troubling hotbed of Egyptian nationalism, with colonial reports describing its students as almost entirely adherents of Kamel and his Nationalist Party. His death was followed by one lawyer after another leading different nationalist wings into the end of the First World War. By then, the press had settled on using the legalistic “Egyptian Case” as shorthand for describing the nation’s aspirations for independence, modernization, and progress.

Kamel had studied law at both the French and Khedival Law Schools, ostensibly because he wanted to master the international law discourse necessary to present the “Egyptian Case” before Western audiences objecting to the British occupation, particularly in France. At home, he also relied on legalese to set the fiery tone of his widely popular speeches against the British, thus dovetailing the nation’s “legally valid” demands for independence with concurrent cries for parliamentary elections and the activation of a liberal oriented constitution. In the process, Kamel constantly berated the British for a variety of domestic

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 143 legal infractions while embarrassing them abroad by widely lecturing on their illegal occupation across Europe. Fortunately for Kamel and his followers, Egyptian identity had been a murky affair up to the British occupation in 1882, and only thereafter did it become discursively ripe for modernist reinvention. The country was formally part of the Ottoman Empire, the Sultan was also Caliph to Egypt’s Muslims, and Egyptians were technically Ottoman subjects with religious loyalties to the Sublime Porte. Yet Egypt had been practically independent since 1805, and the Egyptians had been ruling themselves long enough to experience successive whims of a separate national identity. Kamel was singularly adept at playing out this tension to his advantage. At home, he rallied local support by appealing to a native sense of “Egyptian- ness” that had nothing to do with Ottoman identity or loyalties to the Muslim Caliph. And just when “Egypt for the Egyptians” became the nationalist cris de coeur, Kamel would turn around and use Egypt’s international status as an Ottoman territory to contest the legality of British occupation, or flout Egypt’s ties to the Ottoman Caliph to ignite religious opposition to the British at home.

The Egyptian nationalist movement soon started to bicker along these lines: Was the nationalist goal an independent Egypt in which Christian and Muslim subjects enjoyed equal rights of citizenship, or was Egypt part of a larger Muslim nation under an Ottoman flag, or was the latter option merely a necessary strategic manoeuvre in opposing British occupation? The First World War put a formal an end to this question, however. By declaring war on the Ottomans, the British also declared Egypt an independent country under British protection. The formal head of the state changed his title from Khedive to Sultan, thus underscoring his independence from the Ottoman alternative – and, of course, the Law School followed suit and changed its name for the fourth time round, going for eight years under the absurdly grandiose title of the “Sultanian School of Law.”

World War I ended with the lawyers clamouring for Egypt’s independence. Saad Zaghloul Pasha and his allies demanded that Egypt be represented at the Versailles peace talks – Zaghloul, of course, being third in a successive line of lawyers to lead the nationalist movement. When the British questioned the men’s credentials in speaking on behalf of Egyptian interests, they responded like good lawyers by drafting a standard power of attorney giving them the right to defend the Egyptian Case at Versailles, and then circulated the document in a nationwide signatures drive the scope of which Egypt has yet to experience again. When the British reacted by arresting Zaghloul and his gang, the Sultanian Law School students went on a strike that quickly snowballed into a nationwide phenomenon and was soon followed by forays into violent resistance. Egyptian historians have since settled on calling these events the “1919 Revolution” and they also settled on fixing a date to commemorate it, namely the day law students went on strike – could this perhaps be explained by the fact that the leading historian of modern Egypt was himself a graduate of the same Law School who also did his part in the Revolution?17

Experimenting with Liberalism: 1919-1952

17 See A al-Rafi’i, Thawrat 1919, Cairo: Dar al-Maarif, 1987.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 144 Leadership in the 1919 Revolution certainly raised the lawyers’ profile – even though the final outcome did not meet their demands. The British unilaterally declared Egypt independent in 1922, but with four reservations that allowed them constant intervention in the country’s politics. A liberal constitution was adopted in 1923, and the Sultan dropped his title for the modern-looking “King of Egypt.” Ever sensitive to its nomenclature, the Law School went through its fifth name change in ninety years. The bizarre “Sultanian” adjective was finally dropped and the new “Royal Law School” came to replace it.

Between adopting the Belgian inspired constitution in 1923, and the military coup that suspended its application with Sanhuri’s blessings in 1952, Egypt went through what historians now call the “liberal experiment.” Having provided nationalist leadership, the lawyers moved on to the business of ruling under the liberal principles they codified, but then split around, and thereon showed little respect for in practice. Juggling party loyalties with appeasing the British and placating the King, the lawyers oversaw an avowedly liberal constitution systematically fall hostage to despotic measures and dysfunctional politics. With minor exception, they mostly got carried away with personal infighting and paid only lip service to the principles of liberal governance they otherwise bandied in public. In a way, the political elite of this liberal experiment were certainly responsible for the ensuing loss of faith in the “rule of law” that went to legitimate Nasser’s autocratic regime thereafter.

On a more positive note, lawyers did make a highly formative contribution to the liberal experiment between 1923 and 1952, a contribution best discerned in their intellectual engagements and legal reform projects. Aside from rotating over ministerial seats or staffing elite positions in the government, they had also branched out into journalism, literature, poetry and the arts, excelled at endless translations of European classics in liberal political thought, questioned patriarchy in the first Arabic book by a feminist lawyer, and set out to push the limits of acceptable critique whenever the religious establishment was involved.18 Censorship thus became a thorny issue under the new liberal constitution – whether caused by outcries of hurt Islamic feelings or precipitated by an aggressive attack on the ruling government, lawyers spent the 1920’s and 30’s engaged in one battle after the other over the pages of newspapers and in the hallways of courtrooms, in the process popularizing “rights discourse” and setting down legal principles that endure to this day. Towards solidifying their professional ties, graduates of Khedivial/Sultanian/Royal Law School followed the example of their Mixed Courts’ colleagues and had established the Native Bar Association by 1913. The Bar served a dual professional and political role: With its members required to obtain a License en droit degree, membership in the Bar Association was by default closed off to the Shari’a Courts crowd, thus further evidencing that an Azharite training in Islamic law would not garner a place among the new legal elite. Moreover, the Bar Association became a political force to be reckoned with, its members generally protected from government bullying by constantly waving the spectre of another Bar-supported strike, a risky possibility that threatened to freeze government activities on several occasions.

As for competition from legal professionals working before the Mixed Courts, the lawyers deployed nationalism once again to spearhead a legal reform project intended to unify the Egyptian judiciary under the Native Courts’ jurisdiction. The Mixed Courts were attacked as

18 See A Hourani, Arabic Thought in the Liberal Age 1798-1939, Cambridge: Cambridge University Press, 1995.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 145 a colonial vestige detracting from the nation’s sovereignty and independence. With British assistance, a treaty was negotiated in 1937 and signed by the different countries whose nationals enjoyed jurisdictional privileges under the Mixed Courts system. Under this treaty, the Mixed Court were given little over a decade to continue functioning, after which they would be abolished and their jurisdiction transferred to the Native Courts. The Shari’a Courts faced a similar fate barely a decade later, their separate structure abolished altogether, and their jurisdiction over family law disputes finally transferred to the Native Courts. The lawyers and judges working before the Native Courts naturally heralded the above developments as a sign of the strongly independent and highly professionalized nature of their profession. Sanhuri drafted a new Civil Code to replace the Mixed and Native varieties, a code that soon became the model for legal reform projects across the Arab World. Special issue stamps were printed and commemorative coins were minted, all to celebrate the unification of the Egyptian legal system under the Native Courts mantle. This was a moment of deep nationalist pride, a moment unlike any before or since, a moment when Egyptian lawyers graduating from the interchangeably named Law School were firmly and undeniably in power –yet the end of their elite status was just around the corner.

And then there were none: 1952-1968

The changing fortunes of the legal elite in Egypt can be neatly traced in the concurrent rise and fall of the different headdress options adopted by its diverse members. The Mixed Courts’ lawyers mostly took to wearing western style hats that went along with their largely foreign stock, while the Azharite elite continued to sport the ‘Emama, a white turban with a red felt fez at its centre, instantly signifying their education in Islamic Law. By contrast, graduates of the Khedival Law School (and its ensuing “Sultanian” and “Royal” varieties) systematically wore the Tarboush, an Eastern Mediterranean phenomenon with disputed Greek/Turkish lineage, redesigned in the late nineteenth century to a firmer texture and more refined proportions. While the Native Courts’ elite wore it in a way that distinguished them from colleagues working before the Mixed and Shari’a Courts, the Tarboush was certainly not limited to lawyers and judges – rather, it had become required headdress for any self respecting member of the emerging Egyptian middle class. With the abolition of the Mixed courts in 1949 and the systematic cabining Islamic courts in an ever cramped legal space, Egypt entered the second half of the twentieth century with the Tarboush as the undisputed headdress of its ruling legal elite.

The victory of the Tarboush over the Western hat and Azharite turban did not last for long, however. On 23 July 1952, a band of self designated “Free Officers” in the Egyptian army staged a coup d’état that eventually came to be called the 1952 Revolution. The military beret thus entered on the headdress scene, its relation to the Tarboush initially ambivalent then openly hostile. Eventually, the military government got around to declaring the Tarboush a reactionary vestige of the ancien régime and decreed its total abolition from public space. Those who continued to brandish the Tarboush were at best perceived as elderly gentlemen incapable of keeping up with the times, and at worst enemies of the Revolution with suspect loyalties of the feudal/colonial/capitalist variety.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 146 Between the Tarboush and the military beret, the Royal Law School naturally did not miss a beat: By now existing under different names for almost a hundred and twenty years, the place went through its sixth and final name change. By the mid 1950s it had become “Cairo University Faculty of Law,” and so it continues to call today. Its students and faculty no longer wear the Tarboush, its Azharite trained professors of Islamic family law have given up on the turban as well, and the School’s fortunes have been in steady decline since then.

The shift from ambivalence to open hostility regarding the Tarboush also characterised the military regime’s relation to the lawyers and judges who wore it. From 1952 to 1954 a careful wait-and-see period ensued, with the Free Officers claiming loyalty to liberal principles of governance and thus placating the lawyers, the latter using the coup to settle old political scores that had split them internally before it. And so, the Bar Association offered public statements of support to the “blessed movement,” and Sanhuri issued his controversial court decision providing the military regime with constitutional legitimacy, largely to spite political enemies from the dominant Wafd party – an act he came to regret barely two years later.

Things had came to a head in March 1954: the Free Officers disagreed on whether the military should return to its barracks and a new constitution provide Egypt with a republic governed by parliamentary democracy, the liberal wing lost and Colonel Nasser group won out. Its budget slashed in half earlier, the elected board of the Bar Association openly sided with the losing party, was consequently suspended, and a pro-Nasser coterie appointed in its place. And as for Sanhuri, he received a bloody beating from a pro-Nasser mob that gathered at the steps of his court, was summarily wrapped up in a carpet by his fellow judges, and from his hospital bed the next morning went on to officially accuse Nasser of orchestrating the mob attack and refused to see the Colonel when he came to pay a visit at the hospital.

Sanhuri’s over-dramatised beating on the steps of the court signalled the emergence of a new modus vivendi between judges and the military elite: As long as they refrained from political engagement, the government seemed willing to leave the judges alone and instead create “exceptional courts” to deal specifically with the cases whose outcome it sough to control. Judges thus became the only professional group in Egypt that was not enlisted as obligatory members in Nasser’s Arab Socialist Union, the latest name in the single party outfits governing the state. And so the judiciary remained largely independent, while the government satisfied itself by enlisting the services of select judges willing to sit on its Revolutionary Court, People’s Court, Treason Court, or whatever new security court is formed as the case may be. This comfortable arrangement broke down, however, after Egypt lost the Six Day War in June 1967. The Judges Club, a representative body elected by members of the judiciary, started to make noises that linked the country’s staggering defeat to the absence of the “Rule of Law,” blatantly demanding the implementation of liberal principles of government as first step towards reconstructing the country and its ruling institutions. Nasser responded with the infamous “Massacre of Judges” – while none of the judges were actually killed, those agitating politically among them were either fired or transferred to alternative administrative jobs.

Once feared for the state debilitating strikes its members staged when provoked by the government, the Bar Association now crumbled into a mere extension of the many-named single parties Nasser used to rule Egypt. Unlike the “liberal era” preceding it where lawyers dominated the political elite, the military regime now increasingly relied on officers,

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 147 engineers, doctors and a variety of technocrats to staff its ministerial posts. At best, lawyers were dismissed as technically ill-equipped to address the nation’s socialist drive for modernization. Worse, their liberal commitment to the protection of private property combined with their political prominence before the Revolution all served to cast them as intuitive opponents of Nasser’s economic and political policies. Moreover, the almost complete nationalization of the private sector, combined with ensuing import-substitution policies championed by the state, all conspired to deprive lawyers of the rich clientele that allowed them financial security in their private practices. Elite status could still be attained, but only by joining the judiciary or becoming a senior civil servant at one of the legal departments of the many government agencies. In search of more lucrative career options, many Egyptian legal professionals ended up joining a mass exodus of lawyers, judges and law professors who moved to work in the newly independent and staggeringly wealthy petro-dollar states of the Gulf. Though the public taste for legal education had been waning before the Revolution, the above developments only served to intensify this phenomenon, as the young increasingly drifted to the schools of engineering or commerce in search of a better paid career and possible inroads to political prominence. Perhaps most damaging of all, the lawyers remained ideologically aloof from the nation’s new identity project. Their turn of the century predecessors were instrumental in inventing Egyptian nationalism, moulding it into a liberal project of governance, differentiating it from the Ottoman-Islamic variety, and thereafter leading the nationalist movement based on the singularity of something called “Egyptian-ness.” Fifty years onwards, the name of their Law School had finally stabilized, but the nation itself went into a cycle of name changing and flag swapping. Egypt became the “United Arab Republic” after it united with Syria in 1958. The union broke down three years later, but the country stuck with its new name. The question “united with whom, then?” was irrelevant, for the country had now discovered its moving spirit was neither Ancient Egyptian nor Ottoman-Islamic, but that it rather was the very heart of the Arab Nation, embarking on a socialist drive for development, with strong Third World allegiances, even stronger Soviet military assistance, and above all a commitment to the Arab cause.

Unlike their precursors fifty years earlier, the lawyers now stood largely at the intellectual and political margins as they watched Egypt reinvent itself yet again. This is not to say the lawyers made no intellectual contributions, for here and there one stumbles in the Cairo Law School library on doctoral dissertations with titles such as “Socialist Property Law” or “The Unification of Arab Private Law.” Moreover, lawyers remained a useful tool to Nasser’s regime, becoming “tarzeyet qanun” or “legal seamstresses” who drafted the necessary laws to implement Nasser’s economic and political policies. An elite of sorts persisted, largely composed of judges and senior government lawyers. The problem, however, is that lawyers made no original contribution to Egypt’s new identity drive, and accordingly cannot claim the Nasserist legacy of Arab nationalism and social justice as their own. In this they stand in stark contrast with the earlier legacy of the 1919 Revolution and its ensuing liberal regime, both of which are closely linked to the legal profession and many of whose heroes can be claimed as their own.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 148 Return of the Repressed: 1971-2005

In figuring out the extent to which Egyptian lawyers enjoy any elite status today, one is forced to recount yet another story of name-changing and flag-swapping. Succeeding Nasser as president of the United Arab Republic, Sadat soon dropped the country’s quizzical claim to unity from its official name and opted instead for the more straightforward “Arab Republic of Egypt.” By default, Nasser’s eagle was dropped from the national flag and swapped for another emblematic bird of prey. More concretely for the current fortunes of lawyers and judges, Sadat commitment to economic and political liberalism and his policy of giving free hand to Islamist ideologues laid much of the groundwork to explain the current status of the legal profession. In seeking to distinguish himself from Nasser, Sadat publicly committed himself to the “rule of law” in high dramatic fashion: He was shown in newsreel after newsreel burning the wiretap recordings took by Nasser’s secret service, physically demolishing cell doors in an infamous political prison, and of course reinstating the judges Nasser had fired in the 1968 Massacre. His commitment to the independence of the judiciary was coupled with the eventual reinstatement of multi-party politics in Egypt for the first time since the military coup of 1952. Of course, when opposition went too far for Sadat’s taste, he reverted back to the old system of trial through exceptional courts or summarily putting his opponents in prison by decree.

To counterweight the leftists, whose allegiance harked back to Nasser’s era, Sadat maintained the legal ban on the Muslim Brotherhood but also gave them a green light for de facto engagement in the nation’s politics. More importantly, he amended the constitution to officially declare Islamic Law a principle source of the nation’s legislation. He was assassinated by Islamic fundamentalists barely a year later, but his amendment to the constitution lives on, offering Islamist lawyers a constitutional platform to voice their demand for the return of Islamic Shari’a today. Along with the rule of law came a new taste for the market economy and a newfound commitment to the protection of private property. Sadat gradually turned his back on the import substitution policies of the Nasser era and substituted it with a hazy vision of a market-economy fuelled by export-led growth. His “Open Door” policies thus produced two new economic players that were absent in Nasser’s time: the rich Egyptian businessman with political ties to the ruling party, and the local office of the multinational company with ensuing FDI statistics annually traced in the national budget. With all the above came new Western alliances, a peace with Israel, and a dramatic break up with Arab nationalism.

In the hesitant fits and starts touted as signs of the wise and cautious leader who succeeded him, Mubarak largely stayed the course on all of Sadat policies – though he did remove Sadat’s bird of prey from the national flag, replacing it with Nasser’s eagle once more, thus signalling vapid re-commitment to the Arab cause. More importantly for the legal profession, the Sadat/Mubarak policies opened a new space for lawyers and judges to return once again as part of the nation’s elite, participating in public discourse and wielding some measure of economic and political power. Aside from the standard use of “legal-seamstresses” to assist the current regime in drafting its legislations and manning the odd ministerial post here and there, four new developments signal the tentative return of lawyers and judges into the fray of the political elite. This became all too obvious during the presidential and parliamentary elections held at the end of 2005:

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 149 First, the embrace of neoliberal market reforms has allowed the return of rich business clients after their disappearance under Nasser. Thus a bevy of American styled corporate law firms opened across Cairo, with some of their senior partners heavily involved in developing the ruling party’s legal reform projects for market regulation, while others were recruited to head such new regulatory bodies such as the Investment Authority, the Authority for Real Estate Finance, the Capital Market Authority, the Cairo & Alexandria Stock Exchanges, and so on. For all these actors, the “rule of law” is a common demand largely articulated as necessary to attract foreign investment and is accordingly concerned with private law guarantees on contracts, torts and property rights.

Second, the state’s formal embrace of political liberalism allowed a new breed of human rights lawyers to emerge. Working for myriad NGO’s that largely rely on foreign sources of funding, the human rights lawyers have become increasingly vociferous in the past years, calling on the government to scrap its emergency laws, berating it over political prisoners and using the press and media to make their voices heard. In response, the government established the National Council for Human Rights, an outfit intended to contain some of these lawyers and offer cooptation opportunities to others, but in the meantime has also served to mainstream human rights vocabulary and solidify it as part and parcel of the public discourse. Again, the rule of law is uniformly demanded by this set of lawyers, though in this case the slogan largely denotes protection for civil and human rights. Third, the judges and their Club are once again a force to be reckoned with. Since their 1968 Massacre, judges had largely refrained from political engagement and stuck to a professional image of technical neutrality. The Judges Club regularly demanded a new law giving the judiciary further guarantees for financial and administrative independence, yet never made enough noises to push their demands forward. Their non-confrontational relationship with the government soon collapsed after a Supreme Constitutional Court decision required judicial supervision on every electoral box in all future elections. Willing or not, the judges suddenly found themselves at the very heart of electoral politics, with the board of their Club threatening not to supervise the 2005 elections unless the government passes a long demanded law with administrative and financial guarantees for judicial independence. Though the Club did back down from its threat and ultimately agreed to supervising the elections, several of its leading members went on to report instances of electoral fraud in the media. The Club continues in an uncertain confrontation with the government to this day. Naturally, the “rule of law” is a slogan repeatedly raised by the Judges Club in its demands for an independent judiciary.

In the above three development, lawyers and judges relied on the liberal vocabulary first introduced and popularized by their turn of the century precursors and given a new lease on life following Sadat’s presidency. However, they have not provided a new intellectual outlook for the nation’s future and they are yet to engage in any serious popular leadership. And so we come to the fourth and most important avenue for the return of lawyers into the Egyptian elite today. Released into politics with de facto legitimacy, the Muslim Brotherhood moved on to regularly win controlling seats of the Bar Association and deploy their demand for the “return of the Shari’a” into a popular leadership project. Capturing 20% of parliamentary seats in the 2005 elections, the Muslim Brotherhood lawyers also raise the “rule of law” slogan to denote the same commitment to private property and human rights advanced by their colleagues in corporate law firms and human rights NGO’s. The Brothers equally support the Judges Club in their “rule of law” demands for a more independent

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 150 judiciary. In other words, Muslim Brotherhood lawyers share the same liberal framework of their more secular leaning colleagues, but with an added Islamist twist and an infinitely more effective popular support network.

Snapshot 2006: And when they were down they were up

There are 32,000 law students enrolled at Cairo University Law School today. The absolute majority did not want to study law, but their weak grades could not get them admitted anywhere else. The faculty has no control over tuition fees, admission requirements and annual student intake – all being political questions left for the Ministry of Education to decide. But the faculty have nonetheless maintained its traditional capacity to gauge the changing signs of the times and react accordingly. While the Law School’s name has not altered since the 1950’s, its faculty nonetheless took a cue from the government’s new economic policies and effectively decided to privatize their educational services. Over the past decade, Cairo University Law School expanded its degree offerings to include a “French Section” run by the French Ministry of Foreign Affairs in a manner echoing the 1890 École libre de droit, followed by another “English Section” run under a more direct supervision from the Law School administration. Students at both sections pay much higher tuition fees than their fellow colleagues enrolled in the public “Arabic Section.” In return, while their average class size ranges between twenty and a hundred and forty students, the corresponding average in the Arabic Section continues to teeter at the epic ratio of 5000 students per graduating class. French and English section students are the most likely to join the judiciary or secure a high paying job with a corporate law firm. Arabic Section graduates generally end up in a small cabinet d’avocat, their work as trainee lawyers receiving little to no pay, and their subsequent success as lawyers so uncertain that many decide to quit the profession altogether. The curriculum is ostensibly the same across all three sections, namely a secular education in various fields of public and private law, combined with four required classes in Islamic Law, particularly in the codified rules of marriage, divorce and inheritance. Students in all three sections generally appear undisturbed by the hybrid jumble of Islamic and secular components in their curriculum. Moreover, the student body is overwhelmingly apolitical, barely engaging in any activism on campus. The only notable exception is students belonging to the Muslim Brotherhood, whose posters and stickers can be seen across the Law School buildings. They are certainly troubled by the secular legal system they must study to pass their exams, and they’re equally interested in a political project that can bring the Shari’a back into judicial application. Of course, almost all of these students belong to the underprivileged Arabic Section.

The pre-1952 liberal experiment is now too far in the past to capture the popular imagination, the disappointments of Nasser’s Arab nationalism are too embarrassing to remember, and the Sadat/Mubarak Western oriented market reforms have yet to translate into meaningful developmental gains and thus garner serious popular support. Egypt’s modern identity is up for grabs yet again, and this time the Muslim Brotherhood lawyers are at the helm of reinventing the national psyche – and unabashedly using the rule of law as a slogan in the process.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 151 Refusing the past disappointments of a singularly Egyptian or pan Arab identity, unsure what a South-South alliance might look like, and having deployed anti-Western rhetoric for populist support over many decades, the Muslim Brotherhood lawyers see Egypt as above all Islamic, and inexorably tie this identity to a larger project of national rebirth rhetorically centred on the return of the Shari’a. While they do face political competition from their corporate law and human rights colleagues, they also share with them the same rights- based discourse and adeptly use it to advance their agenda. The latter may look like the skeletal vision of a liberal Islam, but even if it’s riddled with loopholes and contradictions it is still the most serious contender for the national imagination today. If lawyers are to reclaim the overwhelming elite status they enjoyed over fifty ago, their best chance seems to rest in an Islamic identity project that dovetails with legal reforms stressing liberal oriented Shari’a applications. Let me be clear: I am not saying they have won out yet, but if we take any indication from the growing number of sympathetic students at Cairo Law School’s Arabic Section, then it would seem the Muslim Brotherhood and its lawyers are certainly headed in that direction. And in the meantime, they are chanting “rule of law” slogans like every one else.

Appendix B – Readings – I Heard It All Before: Egyptian Tales of Law And Development 152 Technical Assistance for Policy Reform II BearingPoint, Inc, 18 El Sad El Aali Street, 18th Floor, Dokki, Giza Egypt Country Code: 12311 Phone: +2 02 335 5507 Fax: +2 02 337 7684 Web address: www.usaideconomic.org.eg