Much work needs to be done on Southern Sudan from a legislative point of view, especially if Southern Sudan votes in favour of independence in the referendum to be held in 2011

1. LAYING THE GROUNDWORK FOR THE RULE OF LAWin Southern Sudan Prof. William E. Kosar

2. Key Elements of Rule of Law The orderly operation of a legal system in any modern, democratic country, plays an important role in society The courts facilitate the interpretation of those rules by providing a system to resolve disputes between individuals or individuals and the government The courts also function in our society, as well as others, as the chief interpreters of the constitution Global Public Sector Industry Strategy Refresh 2

4. Law Governs The Government

5. Law Must Be Fairly & Consistently Applied

6. Law Is Transparent & Accessible

7. Application Of The Law Is Efficient & Timely (Due Process)

8. Property Rights Are Protected

9. Human Rights Are Protected

10. The Law Is Capable Of Change

12. Background

13. Background Sudan - largest country in Africa Population approx. 39 million 1 country - 2 systems Government of National Unity - Khartoum Government of Southern Sudan (“GoSS”)- Juba Population of Southern Sudan - approx. 8.26 million

14. Background Southern Sudan has been almost continually at war since before independence from the Anglo-Egyptian condominium on January 1, 1956 The most recent conflict lasting 23 years ended with the signing of the CPA on January 9, 2005 Ongoing conflict in Darfur

15. Background Shari’a imposed in 1983 ICC indictment against President Omar al-Bashir on March 14, 2009 Post-CPA—English & Arabic official languages Common Law Referendum on independence scheduled for January 2011

16. Sources of Law in Southern Sudan

17. Constitutions Constitutions in Southern Sudan Interim National Constitution Interim Constitution of Southern Sudan State Constitutions All derived from the CPA Where there is a conflict between a provision in a Constitution & the CPA, the CPA governs

18. Hierarchy of Norms Constitutions (CPA/INC/ICSS/State) Customary Law Treaties Codes/Laws Regulations Circulars/Decrees/Orders Presidential Ministerial UnderSecretary

19. Challenges hot, humid tropical weather disease Events frequently cancelled due to perceived or actual security threats. often locked down in our camps Meetings never begin on time, if at all organizing an event is never easy frequently cancelled because of competing events Global Public Sector Industry Strategy Refresh 12

20. Back to Law School Many legal counsels were trained in Arabic and learned Shari’a For many this course was their first introduction to both the Common Law and legal training conducted in English novel to the students is the use of case studies and “mini-trials” as a method of learning Global Public Sector Industry Strategy Refresh 13

21. Petroleum divided up its oil fields into Blocks. Production Sharing Agreements (“PSAs”) with IOCs whereby the state, either directly or through a state-owned oil company, receives % in the proceeds of E & P negotiated with each IOC and varies between countries and indeed between oil fields. Nile Petroleum Corporation (“Nile Pet”) Limited to commercialize the South’s extensive petroleum assets—10% Global Public Sector Industry Strategy Refresh 14

22. Prognosis Return of the Diaspora Elections: April 11-13, 2010 Referendum on Independence—January 2011 Global Public Sector Industry Strategy Refresh 15

23. Questions? Prof. William E. Kosar 16

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