Comparative and International Law Program
Summer Program in South Africa
UNIVERSITY OF WESTERN CAPE, CAPE TOWN SOUTH AFRICA
June 22, 1996 through August 1, 1996
Howard University, School of Law is pleased to announce the establishment of a summer program for the study of law at Cape Town at the University of Western Cape in South Africa in 1996.
The program is approved by the American Bar Association and will allow students to earn up to six semester hours of law school credit while becoming familiar with the new South Africa. The program offers an opportunity for students to witness first hand the historic legal and political changes South Africa. in what is sure to become a leading economic power center in the region. A unique aspect of the Howard program is the opportunity it provides for interaction with South African law students and graduates.
Study in South Africa - A Unique Setting
The program in South Africa will be the first ever summer program abroad by a U.S. Law School to be held in South Africa. The program will be conducted at the University of Western Cape in Cape Town, one of the most beautiful cities in the world. Cape Town is the legislative capital of South Africa, and seat of the Constitutional Assembly (the body responsible for drawing up South Africa's permanent constitution). Cape Town is located on the Southern tip of the African continent with the Atlantic Ocean to the West, and the Indian Ocean to the East. The city is surrounded by mountains with the majestic Table Mountain in the background. A thriving metropolis, the city is well connected by mass transportation to the Test of southern Africa.
South Africa is at a dramatic and unique juncture of its history. In the past two years, monumental changes have taken place and are continuing to take place. In April of 1994, South Africa had its first nonracial and democratic elections which culminated in the swearing in of Nelson Mandela as the country's first freely elected President of a nationally unified government. The interim constitution is to be in place for a period of five years. In the first two years, the new legislature is to serve as a Constitutional Assembly in which role its role will be to draw up and adopt a permanent constitution. The new South Africa is moving along a path of democracy, reconstruction and development.
The University of Western Cape has been and continues to be a preeminent institution in the struggle for a democratic South Africa. Many members of its faculty (law school in particular). now occupy prominent positions in the new cabinet and government. Participants in the program will have an opportunity to participate and \witness first hand the dramatic constitutional and other legal chances taking place in South Africa, In the areas of international trade and commerce. the world is increasingly becoming one global village, South Africa is a resource rich country. with a well developed economy and an advanced technology, base. South Africa's transformation to democratic rule offers new and exciting opportunities for international trade and commerce. At the same time that South Africa is experiencing profound political and legal change. it is once again participating more fully the international business world after a long enforced isolation. International businesses are returning to South Africa to reestablish old ties and forge new relationships. Concurrently. South African companies are venturing into the international marketplace. The international business and trade courses offer students an opportunity to become with the laws of international transactions and trade law, as well as become familiar with Africa's most developed economy, and what is sure to be an emerging center of international business and commerce.
The program will include visits to political institutions, historic sites, as well as tours of Cape Town and the surrounding area. Visits to political institutions will include the South African Parliament, Supreme Court. Magistrates Court, and Law Associations. Two whole day tours will include some of the breath taking scenery of Cape Town around the Cape Peninsula.
Applicants from the United States must hold a Bachelors degree and be in good academic standing at an ABA approved school of law, They should have completed one year of law study.
Professionals holding a JD or LL.B. degree or other advanced degree (from either the United States or another country). are also invited to apply.
To apply, candidates should complete the application form Student applicants must submit a letter of good standing from the Dean of their respective law school. Legal professionals must submit a copy of their diploma or official law school transcript. All applicants are requested to submit a curriculum vitae or resume with the application.
The application fee is $50.00 and must accompany the application in the form of a certified check or money order. The fee cannot be waived and is non-refundable. Deadline for applications is March 1, 1996.
Schedule and Course of Study Three courses, of two credits each, will be offered. Students may enroll for all three courses (although two courses are recommended as this will enable more time for study and exploration of the area). All students will be required to enroll for a minimum of two courses.
All courses are taught in English by outstanding teachers from both the United States and South Africa.
Two of the three courses offered will be presented each day. Each course will meet for 14 sessions of two hours each. The specific course meeting times may be altered from time to time to accommodate the schedules of special guest lecturers.
A tentative schedule setting forth the date and time of each lecture is enclosed.
A final examination will be administered in each course, for which pass/fail grades will be assigned.
Transcripts will be sent to each student by the registrar of Howard University School of Law upon completion of the session.
Acceptance of any credit or grade for any course taken in the program is subject to determination by the student's law school. Students wishing to use credits earned for accelerated graduation should consult with their school.
South Africa's Constitution in Comparative Perspective
This course entails an investigation and comparison of Constitutional Law in South Africa against primarily the United States Constitution and a select number of other countries such as Britain, France, and Germany. The course will address the different conceptions of pivotal constitutional doctrines such as separation of powers, the rule of law, federalism and the role of judiciary. The course will also address the executive legislative judicial interrelationships in the South African constitution in contrast to the United States and other constitutions. In this context. the British notion of legislative supremacy/sovereignty, which permeated the old order in South Africa through the lack of judicial review, will be compared with the new order s elevation of the constitution as a supreme document subject to judicial review as exemplified in the United States. With respect to the judiciary, special consideration will be paid to the specialized constitutional court which the South African constitution provides for, and which is similar to specialized constitutional courts that exist in many parts of Continental Europe such as in Germany. Attention will also be paid to the fundamental rights provisions (i.e. free speech and substantive equality), in the South African constitution in relation to the United States and the other constitutional orders.
South Africa and International Trade
This course will focus on the interaction of international trade, investment and competition laws and policies, particularly as they relate to the task of developing and democratizing the South African Economy. There will be essentially three components of the course.
The first component will discuss the relevant multi-lateral ("GATT²), pluri-lateral ("Lome"), and regional ("Southern African") trade agreements that impact the reintegration of South Africa into the global economy. Experience from other recent regional trade agreements such as NAFI7A and APEC will be discussed where relevant. The second component will focus on the relevant multilateral ("GATT", ³OECD², "ICSID"), pluri-lateral ("Lome") and regional ("Southern African") investment related aspects of trade agreements that impact reintegration of South Africa into the global economy. The third component of the course will focus on the use of competition or antitrust law and policy to create a competitive South African market in order to achieve effective market access for foreign investors. In discussing the issues, attention will be paid to ways of reforming the South African competition law to reflect the sometimes conflicting goals of (1) providing opportunity for the Black majority population to participate fully in economic development and growth, (2) maintaining internationally efficient and competitive South African industries and multinational corporations, (3) strengthen and enhancing competitive conditions within the South African domestic market.
International Business Transactions
The International Business Transactions class will introduce students to the wide ranging legal issues that arise in international business transactions particularly as it pertains to business with South Africa. A primary object of the course is to develop the students' skills in preventing legal problems and to devises strategies for solving legal problems that arise in international business transactions. The class focuses on a number of critical areas in international business such as trade law, monetary law, and intellectual property law. Topics to be covered will include different methods of international business. formation and financing of an international transaction. and resolution of international disputes. The class will also consider the current property economic and f3nancial developments which are relevant in international business transactions. The course will illustrate how legal expertise can assist in developing and executing a sound international business strategy.
Professor Ziyad Motala
Professor Motala is a native of Durban, South Africa, and was active in the struggle for liberation in South Africa. He received his B.A. and LL.B. degrees from the University of Natal (South Africa). He has an LL.M. and an S.J.D. degree from Northwestern University in Chicago. He is an authority on international law, constitutional law, and comparative law. Currently, he is an Associate Professor of Law teaching International Law at the Howard University School of Law. Professor Motala has served as the coordinator of a one week seminar on the Protection of Human Rights in Africa conducted by the International Institute of Higher Studies in Criminal Sciences Conference in Conjunction with the United Nations Crime Prevention and Criminal Justice Bureau, and the United Nations Centre for Human Rights. Professor Motala has written extensively in his areas of interest. Professor Motala recently published a book entitled Constitutional Options For a Democratic South Africa: a Comparative Perspective. He has also co-edited a second book entitled 7he Protection of Human Rights in African Criminal Proceedings. He is still actively involved in various projects pertaining to legal reform in South Africa. Specifically, in the past two years, he has worked on projects concerning reform of investment law and convention law, judicial reform, reform of the office of the attorney genera and reform of le2al education.
Professor George R. Johnson, Jr.
Professor Johnson is the Associate Dean for Academic Affairs and Professor of Law at Howard University. Dean Johnson received his B.A. degree from Amherst College and his J.D. degree from Columbia University. Dean Johnson's areas of interest include constitutional law and administrative law, He has served as a consultant to the Administrative Conference on the United
States and has written on judicial review and administrative law issues. He previously taught at George Mason University School of Law, Indiana University Law school's CLEO Institute. and the National Judicial College. Dean Johnson is a frequent speaker and panelist on constitutional issues. He has made recent presentations at the ABA's 40th anniversary conference on the Central and Eastern European Law Initiative in the Workshop Governing Russia. Development of a Constitution for a Democratic Society. He has published extensively in his areas of interest. Recent publications include a book entitled The Legal, of George Mason: Popular Sovereignty - The Will of The People.
Professor Mark A.A. Warner
Professor Warner is a native of Canada and currently serves as the Assistant Director of the Center for International & Comparative Law at the University of Baltimore. where he teaches in the areas of international business law. Professor Warner holds an LL.M. international and comparative law from Georgetown University Law Center and an LL.B. from Osgoode Hall Law School / York University in Canada. In addition. he holds an M.A. in economics from the university, of Toronto and a Joint Honours B.A. in economics and political science from McGill University. He has held prior positions at the international law firms of Curtis, Mallet Prevost, Colt & Mosle, and Baker & McKenzie. He is a member of the Bars of New York State and Ontario Canada. Professor Warner is also the incoming Vice Chair of the International Committee of the American Bar Association Section on Antitrust Law. In 1994-1995, he was Vice-Chair of the Section's Econon3ics Committee. He Chaired the Section's Working Group on the Canadian Bureau of Competition Policy Proposed Revisions to the Canadian Competition Act, and Draft Policy on Strategic Alliances. He is currently a consultant to the OECD Trade Directorate providing background research into investment. trade and competition police,. Professor Warner is also a member of the Advisory Council of the G7 Report. a publication for international trade and investment. He has published extensively in the areas of international trade and business.
To enhance the cultural experience. in South Africa. it is planned for students to reside in different locations for the first and second halves of the program The first half of the program students will be housed in dormitories of the University of Western Cape (LTWC). For the second half of the program, students will be housed at the Breakwater Lodge which is located on the water front in Cape Town.
The students will spend the first three weeks of the program in residences at LTWC. The residence consists of apartment units of four to five rooms. Each room is either for single or double occupancy, and comes with blankets and linen. Each apartment has a lounge, bathroom and toilet. The rooms contain study tables. shelves, and closets. The residence is on campus and is of an acceptable quality for U. S. students.
The students will spend the last two and one half weeks of the program at the Breakwater Lodge, at the waterfront in Cape Town. The Breakwater Lodge is a budget hotel owned by the University of Cape Town. Each unit consists of two rooms with two or three beds, closets. study tables, coffee machine, television, and a bathroom The facility also has separate lounges and classrooms which can be used for studying or other meetings. This facility is approximately six miles from the university, of Western Cape Law School. The! transportation will be provided from the Breakwater to the LTWC Law School.
In general accommodations for disabled persons are not widely available in South Africa. University of Western Cape buildings and dormitories are generally accessible to individuals with disabilities. Cape Town and certain aspects of the tour may, not be accessible in all circumstances. AD inquiries in this regard should be directed to the program director.
Every student must have some form of medical insurance coverage which applies in South Africa, and submit proof in writing to Howard University before entering the program
You are encouraged to find out from your health insurance provider whether then, provide coverage for overseas medical expenses. Even if you are covered. you are encouraged to take a credit card and claim forms for emergencies as some treatment facilities require payment at the time of treatment. If you do not have medical coverage, you must obtain coverage before you depart from the United States.
Insurance may be bought at reasonable rates from:
1. International Student Identification Cards. You should apply at any Council Travel Office.
2. Travel Guard International provides travel insurance that includes medical insurance. They can be contacted at 800-826-1300.
United States citizens usually do not require tourist visas when visiting South Africa. Since the program in South Africa involves study, all participants will need to procure a visa from the South African embassy or consulate in your local area. The application process for a study visa usually takes 3-4 weeks, and your are advised to apply well ahead of time. There are four South African Consulates in the United States located in New York City, Washington D.C., Chicago and Los Angeles. The South African Embassy in Washington D.C. are familiar with the summer program When applying for a visa at the consulate (designated for your geographical area), mark your application for the attention of Mr. Ernest Harvey who is the officer responsible for granting visas in Washington, D.C. Mr. Harvey is familiar with the program and will expedite your visa application. If you have any questions concerning visas, please contact Mr. Ernest Harvey at the South African Embassy in Washington. D.C. at (202) 966-1650.
Cost of Program
The cost of the program for each student is $3250.00 This sum includes tuition (for two or three courses), cost of books and class materials, housing, tours, and internal transportation (where applicable). The costs does not include the $50 non-refundable application fee.
The fees are paid as follows:
1. A registration fee of $300 is due two weeks following your acceptance into the program. The fee will reserve your place in the program and a dormitory room
2. A second amount of S500 is due by March 1, 1996.
3. The balance of $2450 is due by May 1, 1996.
Payment may, be processed to the University by cashier's check, money order, credit card, or cash. AU checks should be made payable to Howard University, School of Law and will be accepted by mail. Credit card payments are accepted for Mastercard, Visa, and American Express. Please be sure to complete the authorization form and return it with the application. Cash payments must be processed in person through the cashier in the Administration building on the main campus.
In addition to the cost of the program you will have the following expenses which can only be estimated at this time:
Air Fare $ 1400. 00
Meals $ 700,00
Miscellaneous Expenses $ 300.00
Total $ 2400.00
You are encouraged to make your air reservations ahead of time to get the best possible rate. Instead of booking directly with the air line companies, check the travel section of your newspapers such as the New York Times, and the Washington Post for travel wholesalers who sometimes offer cheap trips to South Africa for as low as $1 1 00. 00.
Travel Trade and Tours a travel wholesaler in New York is offering tickets to South Africa for approximately $1100.00. The contact person is Mr. Nadeem Qazi. When calling, mention to him that you are a participant in the Howard Law School Summer Abroad Program. The telephone number of Travel Trade and Tours is 1-800 935-8787, and his fax number is (212) 947-6786.
Howard Law School might be able to reserve a block of seats on a flight leaving from one or two major U.S. cities at a further discounted rate. Participants in the program will be informed by late February if we are able to obtain a discounted group rate.
Student applicants should contact the Financial Aid Office at their respective schools to inquire about finding sources available. Students who plan to apply for aid should begin as early as possible (late January or February) to ensure that funds are available by payment due dates.
Program fees are refundable only upon receipt of written notification by March 1, 1996. If prior to its commencement the Program is canceled. all fees advanced by students will be returned within 21 days after the date of cancellation.
If there are significant changes in the course offerings Or other aspects of the program, applicants who have paid a deposit or registered for the program will be immediately advised and afforded an opportunity to obtain a full refund.
If prior to the commencement of the program, a U.S. State Department Travel Warning is issued for the Cape Town area, or the Cape area of South Africa is declared an "Area of Instability." all registrants will be notified promptly and given an opportunity to withdraw from the program Students who withdraw from the program will be given a full refund of all fees or deposits advanced within 21 days after notice of withdrawal.
For More Information
Additional information concerning the program will be sent to those accepted in the program. If you have any further questions. please do not hesitate to call:
Ms. Michelle M. Martin at (202) 806-8009, fax (202) 806-8162 or
Professor Motala at (202) 806-8424, fax (202) 806-8424 or write to us at:
Howard Summer Abroad Program in South Africa
Howard University, School of Law.
2900 Van Ness Street N.W.
Washington D.C. 20008.
We look forward to having you for what offers to be an exciting and stimulating program m South Africa.