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  6. Applicant Information
  1. Master of Laws (LLM)
  2. Master of Laws modules
Courses

Master of Laws modules

Please note: Not all modules will run each year. Modules are offered subject to minimum numbers; where it is not possible to offer a module because of low student demand, you will be given the opportunity to write a dissertation around that subject area instead.

Admiralty Law

Module outline and aims

The aim of this module is to expose you to the key aspects of Admiralty Law and practice.

Admiralty concerns “wet” shipping. This module examines the legal issues involved in the operation of ships. These include the purchase of a vessel, its registration and operation, including collision and salvage. It also covers court practice involving arrest and judicial sale of ships.

Content outline

The syllabus will include in depth analysis of the following topics:

  • The rights, duties and legal liabilities of ship owners.
  • The ownership and registration of ships, shipbuilding contracts.
  • The process for the registration of ships.
  • The liabilities, remedies and rights of third parties in relation to collision, salvage and oil pollution from ships.
  • The general application of relevant legislation such as the Merchant Shipping Act 1995.
  • Claims in rem.
  • Maritime liens and ship arrest
  • Salvage, collisions and oil pollution from ships.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5,000 words. A choice of topics will be provided.

Advocacy in the Criminal Trial

Module outline

In Advocacy in the Criminal Trial, you will look critically at the interactions between the decision-makers in the criminal justice system and the advocates who appear before them. You will investigate the ways in which advocates prepare for trial, communicate with witnesses, construct and present persuasive arguments for use before judges and juries.

An interdisciplinary approach is taken in this module as you consider the phenomena of court-based advocacy in their many forms.

The module is predicated on the presumption that advocacy has social as well as legal consequences within the criminal justice system. Thus the roles of advocates, jurors, judges and the courts system itself are considered alongside those of the enforcement agencies such as the police and the socio-political implications of open justice in a modern democratic state.

Although focussing principally on the English and Welsh legal jurisdiction, the module will introduce you to research from across the globe, including the USA, Australasia and other Common Law jurisdiction as well as the Civil Law jurisdictions. Thus you will have points of contrast and examples of how English and Welsh advocates might do things differently.

Likewise concepts from non-legal disciplines will help you to understand and interrogate the meaning of advocacy. For example, psychological research will help you to understand why some forms of advocacy are more persuasive than others.

Linguistic studies will help you to breakdown advocacy into its component parts to understand better how advocates construct speeches and lines of examination and how their advocacy is received and analysed by finders of fact such as jurors.

Content outline

In this module, you will examine the interaction between the decision-makers in the criminal justice system and the advocates who appear before them.You will:

  • Consider critically the ways in which advocates prepare to work with witnesses, both generally and with particular categories of witnesses.
  • Develop the ability to consider and evaluate the ways in which speeches, submissions and arguments are constructed and presented, both in the context of trials and appeals.

Assessment

You will have the opportunity to submit and receive feedback on one 1500 word piece of formative coursework during the term in order to prepare for the assessment.

Advocacy: Trial Stories

Module outline

In Advocacy: Trial stories, you will look critically at the interactions between the decision-makers in the criminal justice system and the advocates who appear before them. You will investigate the ways in which advocates prepare for trial, communicate with witnesses, construct and present persuasive arguments for use before judges and juries.

An interdisciplinary approach is taken in this module as you consider the phenomena of court-based advocacy in their many forms.

The module is predicated on the presumption that advocacy has social as well as legal consequences within the criminal justice system. Thus the roles of advocates, jurors, judges and the courts system itself are considered alongside those of the enforcement agencies such as the police and the socio-political implications of open justice in a modern democratic state.

Although focussing principally on the English and Welsh legal jurisdiction, the module will introduce you to research from across the globe, including the USA, Australasia and other Common Law jurisdiction as well as the Civil Law jurisdictions. Thus you will have points of contrast and examples of how English and Welsh advocates might do things differently.

Likewise concepts from non-legal disciplines will help you to understand and interrogate the meaning of advocacy. For example, psychological research will help you to understand why some forms of advocacy are more persuasive than others.

Linguistic studies will help you to breakdown advocacy into its component parts to understand better how advocates construct speeches and lines of examination and how their advocacy is received and analysed by finders of fact such as jurors.

Content outline

In this module, you will examine the interaction between the decision-makers in the criminal justice system and the advocates who appear before them.You will:

  • Consider critically the ways in which advocates prepare to work with witnesses, both generally and with particular categories of witnesses.
  • Develop the ability to consider and evaluate the ways in which speeches, submissions and arguments are constructed and presented, both in the context of trials and appeals.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Air and Space Law

Module outline

In this module you will study how air and space are regulated at domestic, EU and international levels, from public and private international law perspectives. The focus will be on the development of legal principles and practice relating to ‘air space’ and ‘outer space’, and current challenges for regulating air and space.

The aims for this module are:

  • To enable you to develop in-depth knowledge and understanding of the specialised area of air and space law.
  • To provide you with an opportunity to develop a detailed understanding of elements of international law relevant to regulation of the air and space.
  • To assist you with understanding the interworking of the global aviation sector (i.e. for air law: to identify key players in aviation, how airlines and firms in industries complimentary to aviation think commercially) with reference to transport, competition, safety and security policies.
  • To enable you to develop some insight into the interaction between law, policy, industry responses and the interdependent dialogue between industry and regulators (enforcement and policymaking).

Content outline

Topics covered in this module include:

  • Historical evolution of ‘air space’ and ‘outer space’, including relevant conventions and principles of customary international law
  • Multilevel economic regulation of air transport, including market deregulation and liberalisation, ownership, control and antitrust issues in aviation
  • Safety and security regulation of air and space
  • Environmental regulation of aviation
  • Air passenger rights
  • Carriage of goods by air

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Arbitration

Module outline and aims

This module focuses on the use of arbitration to resolve a civil dispute. The use of arbitration has grown to the extent where it is often a first choice in a range of international and commercial disputes, and it is also used across a range of areas including family and consumer disputes. This module will cover the main types of arbitration schemes that are available nationally and internationally, with a focus on the use of UNCITRAL and ICC rules.

You will gain an understanding of all the main stages of an arbitration process, including drafting arbitration clauses and arbitration agreements, selection of an arbitrator, preparation for an arbitration, and the arbitration itself. Enforcing and challenging arbitration awards will also be covered.

The role of a lawyer in an arbitration will be given special consideration to help you to understand the practicalities of the process. This will include insight into matters such as communication with an arbitrator before an arbitration, and preparing and using evidence.

The module is based on arbitration law, practice and options in England, and the main international arbitration processes. It will include a focus on current issues and potential developments in the use of arbitration.

Content outline

Topics covered in this module include:

  • An overview of Arbitration Act 1996 and High Court jurisdiction in relation to the use of arbitration in England.
  • An overview of international arbitration, in particular the UNCITRAL Model Law and the ICC Arbitration and ADR Rules
  • The selection of an arbitrator, and/or an arbitration service provider
  • The role of an arbitrator
  • The role of a lawyer in an arbitration
  • The use of arbitration clauses
  • The drawing up of an arbitration agreement
  • Preparation for an arbitration
  • The main stages in an arbitration
  • Presenting and arguing a case in an arbitration
  • Arbitration awards and orders
  • Enforcing an arbitration award
  • Challenging an arbitration award

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Carriage of Goods by Sea

Module outline and aims

The module aims to expose you to the key aspects of Carriage of Goods by Sea.

Traditionally shipping law is divided into two broad categories; “wet shipping” or “dry shipping”. This course deals exclusively with “dry” shipping issues. These are to do with the legal documents frequently in use such as the charter party and the bill of lading. Although technically time charters are not contracts of carriage, the principle standard terms found in these charters will nonetheless be examined on this course.

Content outline

The syllabus will include in depth analysis of the following topics:

  • The main types of charterparties: time, voyage and demise.
  • A legal analysis of some of the clauses found in charterparties.
  • The law in respect of bills of lading.
  • The modern application of the Hague Visby rules.
  • Other major aspects of carriage of goods, the law of freight, hire, laytime and demurrage.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Civil Dispute Resolution Options - Strategy, Risks and Costs

Module outline and aims

This module focuses on the different types of alternative dispute resolution psychology(or ADR) processes that are available. It will provide coverage of the main options that provide alternatives to litigation in resolving a civil dispute. The module looks at the basis on which an ADR option should be chosen. It also looks at key aspects of managing a dispute resolution process, including the role of the lawyer, and important matters for a lawyer such as professional ethics and drafting settlements. The module takes a very strategic approach, dealing with matters such as funding, costs and managing risk.

The aim of this module is to help you to get a practical and strategic understanding of the different types of ADR process that are available. It also seeks to give you a realistic understanding of the role of a lawyer in a civil dispute resolution process other than litigation, and the key tasks that a lawyer might need to perform. You will gain knowledge of relevant law and regulation, for example as regards costs and settlement, and also areas of practical relevance such as funding and risk. The intention is to provide you with overall insight into how other forms of civil dispute resolution compare and contrast with litigation.

The module is based on litigation and ADR options and practice in England, though it will include an oversight of international alternatives. It will include a focus on current developments in the use of ADR.

Content outline

The syllabus will include in depth analysis of the following topics:

  • An overview of civil dispute resolution options, including national, international and online alternatives
  • The key aspects of each option, and criteria for selecting the best alternative dispute resolution (ADR) option
  • Funding options for civil dispute resolution, and the management of costs
  • The role of the lawyer in different dispute resolution processes, and the role of professional ethics
  • Legal personality, parties and group actions
  • Managing a litigation or ADR process strategically and effectively, including the management of risk
  • Using experts and expert knowledge in ADR
  • Drafting effective ADR clauses and settlements
  • Issues relating to enforceability and appeal in ADR processes

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Commercial/High Value Litigation in London

Module outline and aims

This module focuses on the basic rules and processes for dealing with a civil dispute through litigation. It takes as its starting point an understanding of the rules of civil procedure and evidence, and looks at these in a critical and strategic way to consider how the rules can be used most effectively in using litigation successfully. Seminars will move from the first meeting with the client to the giving of judgement in court, focussing on what considerations a lawyer should have in mind at each stage, what options may be available, and at what current practice is.

The aim of this module is to help you to get a practical and realistic understanding of how rules of civil procedure and evidence may be best used as strategic and effective tools by a lawyer involved in litigation. It should also help you to understand how the different stages of the litigation process leading up to a civil trial may best be managed coherently, relating the collection and use of evidence and the potential use of applications to court into a strategic whole. It also aims to help you to analyse case papers and understand relevant options in litigation. The module will include some consideration of the skills required of a litigation lawyer.

The module is based on practice in England, not least because London is an important litigation centre. It will include a focus on current issues, such as the use of expert evidence, and the development and use of super injunctions.

Content outline

The syllabus will include in depth analysis of the following topics:

  • The civil litigation process in England, and the implications of adversarial litigation
  • The roles of lawyers in the litigation process, and the importance of the relationship with the client
  • The importance of the pre-action stage, and tactical options before proceedings are issued
  • The collection, disclosure, analysis and use of evidence and relevant practical and strategic considerations
  • The role of witness statements, and the collection and use of expert evidence
  • The tactical use of interim applications
  • Options for settlement before trial, including the use of Part 36 offers
  • Effective preparation for trial, including the use of skeleton arguments
  • Making effective speeches at trial, including storytelling and the use of a theory of the case
  • Effective case presentation at trial, including how to deal with witnesses and other forms of evidence

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Comparative Antitrust Law

Module outline and aims

The globalised economy has led to many businesses operating cross border and cross continent. Any given competition issue may need to be analysed under a number of competition systems.

The aim of this module is to provide you with a thorough understanding of the two major competition systems EU Competition Law and US Antitrust. There are now more than 120 competition systems in the world. These all draw on principles developed within the EU Competition system and US Antitrust law. An understanding of these two major systems implies an understanding of the principles of all competition regimes.

This module consists of ten seminars, The first six seminars will discuss and analyse the salient features of the EU competition system and the US Antitrust system.

The principles underlying each system and the differences and similarities between them will be analysed.

Seminars will be devoted to competition issues in developing economies and regional competition systems and enforcement of the competition rules on an international level through unilateral, bilateral and multilateral arrangements.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Principles of the EU competition system.
  • Principles of the US Antitrust system.
  • Enforcement mechanisms.
  • The development of policy.
  • Cartels, horizontal arrangements between competitors; vertical agreements.
  • Dominance and abuse of dominance; mergers.
  • The Principle of Extraterritoriality in the EU and US competition regimes.
  • Multilateralism.
  • Bilateralism: co-operation between the EU and US enforcement agencies; cooperation agreements and MOUs between the EU and other States.
  • Developing economies and competition rules.
  • Regional competition systems.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Comparative Constitutional Law

Module outline and aims

This module analyses the key issues in the field of Comparative Constitutional Law from both a theoretical and empirical perspective through an extensive range of case-studies across the globe.

Students taking this module will learn, using academic texts as well as practitioners’ materials and primary sources including constitutional texts and case law, what the challenges are for those seeking to fulfil the ‘promise of constitutionalism’ in today’s world. You will examine the making, interpretation, and implementation of constitutions in a comparative global perspective by studying cases from Europe, America, the Middle East, Asia, and Africa.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Introductory session: constitutions and constitutionalism
  • Methodology: what are we comparing and why?
  • Constituent power and the process of constitution-making
  • Horizontal organisation of powers: parliamentary, presidential, and semi-presidential systems
  • Vertical organisation of powers: federalism and devolution
  • Fundamental rights and constitutionalism
  • The role of the courts and judicial review
  • Constitutional identity
  • Authoritarian constitutionalism
  • Constitutionalism and religion

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Criminal Justice: The Process of the Courts

Module outline and aims

This module seeks to develop and enhance your ability to analyse, interpret, and evaluate the procedural laws, rules and practices which apply to the criminal justice system of England and Wales.

The aims of this module are to enable you to:

  • critically examine the key procedural decisions which are made in the criminal justice system;
  • identify the factors which influence those decisions;
  • consider and create the arguments which the lawyer can bring to bear to influence the outcome of the decision-making process at various stages of the criminal justice system;
  • consider and create the arguments which could be used to influence Government policy in the procedural aspects of the criminal justice system.

Content outline

You should expect to engage with the following areas, reflecting the issues prevalent at the time:

  • The overriding objective: achieving justice in criminal cases.
  • Ethics of criminal litigation.
  • Prosecuting (preliminaries; decision to prosecute; alternatives to prosecution; bail.
  • Modes of trial in E&W: comparing magistrates’ court trial and Crown Court trial.
  • Plea bargaining.
  • Trial by jury.
  • Disclosure.
  • Young defendants.
  • Appeals.
  • Abuse of process.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Criminal Trials: Evidence and Proof

Module outline and aims

This module is designed to develop your understanding of how to construct an argument, to analyse and work with evidence with the ultimate aim of proving a case. It also takes a critical look at some of the more important rules of evidence which apply to the criminal justice system of England and Wales. It aims to enhance your ability to analyse, interpret and criticize these rules.

By the end of this module, you should:

  • have developed your understanding of the fundamental concepts of relevance, weight and admissibility of evidence;
  • understood how to analyse mixed masses of evidence using an appropriate method;
  • have enhanced your understanding of the processes by which information can be transformed into court-based evidence and how to create arguments based on that evidence;
  • have developed an understanding of the different forms of evidence and related issues of admissibility;
  • be capable of critically analysing the use of the rules of evidence to protect the rights of defendants, victims and witnesses;
  • have developed an understanding of the uses and abuses of character evidence;
  • be able to critically analyse the utility of judicial directions on evidence issues in a trial.

Content outline

The module will facilitate:

  • Development of your understanding of case analysis methods.
  • Your ability to apply such a method to a case study; in particular using evidence to construct a case.
  • Your ability to undertake the critical analysis of the means of proof in a criminal trial and of the problems in the relationships between (i) relevance and admissibility and (ii) admissibility and weight.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Energy Law

Module outline and aims

The module in Energy Law concerns primarily the legal issues involved in the discovery and exploitation of the natural resources which provide the world’s energy needs; an increasingly important area of commerce and so also of the law.

The module aims to expose you to the key aspects of energy law. The course aims to provide you with an understanding of the legal aspects of the production and supply of selected forms of energy and so will consider the legal regulatory regimes that apply to the major sources of energy, particularly oil and gas.

Content outline

The syllabus will include in depth analysis of the following topics:

  • The law, which applies to the UK continental shelf, will be taken as a starting point
  • This law will be compared and contrasted with oil and gas law utilised in other leading energy producing states.
  • There will be an examination of the theories of the rule of law, licensing regimes and legal instruments in use in the energy industry, such as joint operating agreements.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Energy, Environment & Security

Module outline and aims

This module is an in-depth analysis of environmental and security issues relating to energy in European Law

The aim of this module is to develop an understanding of the ways in which these issues interact and contradict each other in the context of market economies committed to liberal economic ideas.

The course will seek to provide you with an overview of the different legal sources that regulate energy and environment in the EU. We shall then try to show how far the principles underlying this are consistent with wider goals of the EU such as free trade, security and environmentalism.

Content outline

We will begin with a look at energy sources in modern economies and the security and economics of each principal source: oil-based, coal, gas, nuclear, solar, wind, bio fuels, and biomass. We ask what the future energy system of 2050 might look like and what kinds of regulatory structures there need to be to achieve this.

Competition and energy law: this seminar and the next will consider the legal basis for the regulation of the energy markets in the EU. We shall consider the structure of energy markets and issues relating to competition and the need to liberalise markets. We will consider the liberalisation packages so far enacted.

We will next look at the regulation of environmental aspects of energy, focusing upon the EU’s aim to reduce carbon emissions. This will lead to review of the UN Framework on Climate Change and the Kyoto protocol. We also then consider the European Emissions Trading Scheme.

The next area will be the compatibility of Member States actions to support renewable, nuclear and clean coal with competition law. This will focus upon the state aids case law. We will also consider the legal issues raised by the ETS and state aid.

We will then seek to consider the policy issues, beyond carbon emissions, driving EU energy policy, including security of supply from Russia and the need for diversity. We shall consider how far energy security, competition and carbon reduction are compatible.

We will also consider the EU regime regarding alternative fuels to those which are oil-based. We will briefly look at the effectiveness of regulation in this field thus far.

Finally, we will consider the relevance of world trade law as an arena in which environment and industrial policy are played out with the increasing use of tariffs on renewable components and the idea of a carbon border tax on all goods.

We thus provide an overview of EU energy law and policy as it relates to the most pressing issues up to 2050.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

European Business Regulation I

Module outline and aims

To develop an understanding of the primary rules relating to businesses operating within the European Union.

Content outline

To explore the rules governing the European single market. This module includes an introduction to the regulatory approach of the EU, its history and economics of the single market; the law of free movement of goods; free movement of workers: and European citizenship and associated rights.

This module can be taken in combination with European Business Regulation II or as a separate option.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

European Business Regulation II

Module outline and aims

To develop an understanding of the primary rules relating to businesses operating within the European Union.

Content outline

To explore the rules governing the European single market. This module starts with a detailed examination of the right of establishment and right to provide services in EU law, covering both individual professionals and companies. There is a separate seminar on the cross-border provision of services by lawyers.

Then, it examines free movement of capital and ends with a discussion of the way the four freedoms relate to each other, the mechanisms of harmonisation and the general principles underlying the internal market as a whole.

This module can be taken in combination with European Business Regulation I or as a separate option.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

European Intellectual Property

Module outline and aims

This module is designed to provide you with in-depth knowledge and understanding of a specialised area of legal study, i.e. European intellectual property law.

It aims to provide a focus on some of the concepts behind the leading forms of EU intellectual property law, in particular a grounding in the essential aspects of trade marks, patents, designs, copyright, confidential information, passing off and related enforcement issues.

In particular, the course aims to provide students with an understanding of IP rights within the framework of EU primary and secondary legislation. Pertinent case law from inter alia the Court of Justice of the European Union, the General Court and the Office for the Harmonization in the Internal Market will be highlighted and analysed.

Attention will also be paid to the intersection between the protection of IP rights, the principle of free movement of goods in the EU and competition rules under the Treaty for the Functioning of the European Union (TFEU)

Content outline

Intellectual property (IP) law has nowadays acquired a European dimension. Trademarks, patents, copyright, designs, geographical indications, plant variety certificates, etc. are extensively used by entrepreneurs and traders in the European marketplace in order to obtain competitive advantages.

Accordingly in the past two decades a gradual development of IP-related legislation at EU level has occurred. Indeed, we have witnessed an extensive harmonization process through the issuance of several IP-related Directives as well as a wave of Regulations which inter alia offer the possibility to obtain unitary industrial property titles valid in the whole European Union, i.e. the Community Trademark (CTM), the Registered and Unregistered Community Design (RCD and UCD), the Community Plant Variety Right (CPVR), Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI).

Moreover, said EU legislation offer IP rights owners legal remedies to fight piracy and counterfeiting and to seek compensation for the damages suffered.

All the above topics will be covered in the module.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

European Union Banking Law

Module outline

This course is designed for future professional lawyers who will work for and/or advise companies on the European free movement of capital and the EU regulatory framework of the financial services in Member States.

The knowledge and understanding gained during the course will also benefit those intending to work for the EU Institutions or companies and institutions from the outside European Union.

The course will be of interest to those who decide to take International Banking Law. The course includes a practical lecture delivered by a senior lawyer during a visit to the European Bank for Reconstruction and Development in London.

Content outline

Each session starts with a 10 minute "Banking News" and the following topics are analysed as part of the syllabus:

  • Introduction: Four freedoms in the European Union and their interrelationship
  • The legal framework of the free movement of capital and financial services
  • The Economic and Monetary Union: evolution, principles, aims
  • ‘Institutions and prudential supervision’
  • Euro crisis: a debate
  • Capital requirements Directive I
  • Capital requirements Directive II
  • EBRD and its Legal Transition Programme (includes a visit to the EBRD and a networking session)
  • Regulation of securities and investment funds
  • Protection of Depositors and financial inclusion

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

European Union Tax Law

Module outline and aims

This module aims to expose you to the key aspects European Tax Law. The module should help you to understand and explain the debate as to whether there should be a Common Consolidated Corporation Tax Base, and if so how this should operate.

It should also help you to understand how the question of retention of fiscal sovereignty is causing friction in the EU, giving guidance on the arguments for and against fiscal union and the impact it will have.

The module provides an Institutional background, covering the provisions of the Treaties establishing the European Community and European Union which are relevant to taxation.

It also covers the EU Institutions relevant to taxation: role of the Commission, the Council and the European Court of Justice (ECJ); the hierarchy of EU and national tax regimes: possible approaches and implications for taxation

Content outline

The syllabus will include in depth analysis of the following topics:

  • Historical perspective: The harmonisation of Indirect Taxes and Duties (other than VAT) The common Customs regime and the internal movement of goods; The harmonisation of Excise Duties; Other specific duties; Capital duty
  • The harmonisation of VAT: Historical outline and basis in the treaties; The Directives and Draft Directives; the current position on harmonisation of VAT Future developments and proposals
  • The harmonisation of direct taxes: The basis in the Treaties; Historical outline of developments with regard to direct taxation; Measures adopted on direct tax harmonisation: the direct tax Directives
  • The jurisprudence of the ECJ relating to direct taxation: The concepts of discrimination and restriction; The notion of comparability Justifications; the principle of proportionality.
  • The relationship with non-member countries
  • Administrative co-operation between Revenue authorities in Europe: Arrangements for administrative assistance in Europe: the Mutual Assistance Directives; the Mutual Assistance in Recovery of Duties (MARD) Directive
  • Taxpayer protection within Europe: The European Convention on Human Rights and taxation. The link between the Convention and EU law. General principles of European Community law and their application to taxpayers
  • The EU and international tax law: The EU and Double Taxation Conventions (including the relevant jurisprudence of the ECJ); the EU and international tax avoidance and evasion; The State Aid rules and taxation. The application of the State Aid rules to taxation, with particular reference to the decisions of the ECJ
  • The future directions of EC tax law: Current developments (including Environmental Taxes, European Monetary Union and Taxation); Future policy directions

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Forensic Psychology for the Criminal Practitioner

Module outline

This module has been designed to introduce law graduates and legal practitioners to some important topics where courtroom evidence interacts with psychology. As a significant element within this, it will examine vulnerable witnesses. This will be of interest for both those who are new to working with vulnerable witnesses and those who wish to enhance their experience in such matters.

The module will enable you to explore the approach approved by the Court of Appeal, to gain a critical insight into how experienced practitioners work in the criminal courts, and how to prepare for and implement the questioning of a vulnerable witness.

Aims

This module aims to provide you with:

  • A critical appreciation of the challenges facing practitioners and decision-makers when dealing with expert evidence from psychologists
  • A critical awareness of key developments in psychology relevant to practice in the criminal justice system
  • An awareness of best practice for using expert psychological evidence in criminal courts.
  • A critical appreciation of the challenges facing practitioners involved in questioning vulnerable witnesses
  • A critical awareness of key developments in enabling vulnerable witnesses to give good quality evidence
  • An awareness of best practice for questioning vulnerable witnesses, including appropriate questioning techniques.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Introduction: key concepts, definitions and historical development
  • Identification evidence – issues concerning memory and accuracy
  • Confession evidence – false confessions
  • Detecting deceit
  • Expert testimony
  • Ethical issues
  • Analysing a case study involving a vulnerable witness
  • Categories of vulnerable witness, including children
  • Working with intermediaries
  • Best practice in court

Assessment

This module is assessed through cross-examination of a witness, through role play, and submission of a written plan of maximum 3000 words.

International Banking Law

Module outline and aims

The aim of the module is to introduce you to key elements of international banking law and place these in a practical and current context, in particular focusing on current developments such as the regulatory and other issues raised by the recent international banking crisis, the so-called ‘credit crunch’.

This module will aim to be a useful part of a general commercial law and business law postgraduate programme.

There are no pre-requisite or co-requisite modules for this module.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Issues of banking regulation looking at international and European requirements and reflecting upon the difficulties in transposing these within particular jurisdictions. In particular looking at the regulatory challenges thrown up by the recent international banking crisis and attempts to ensure this type of crisis will not occur again.
  • An examination of the basic banker-customer relationship – the legal issues arising from the creation of such a relationship and in particular bank duties to advise and disclose key information and liability for negligent or careless advice.
  • Money laundering and anti-terrorist laws and measures to curb financial crime. Duties of a bank to protect client confidence and yet at same time to comply with strict legal requirements to notify the authorities of suspected money laundering.
  • An introduction to key types of international bank lending, in particular syndicated loans and major legal issues of bank lending including the working of facility letters and term loans; events of default, remedies and enforcement.
  • Particular lending contexts such as secured finance, project or asset finance. An examination of principle types of security required by banks as conditions of making loans and issues raised by these securities such as role of fixed and floating charges and in particular what priority these gives banks on insolvency of the borrower.
  • The workings of capital markets; derivative and other instruments developed in this context.
  • The issue of banks and environmental liability and in particular whether banks have any duty to monitor the environmental impacts of major projects they finance and in this context an examination of the Equator Principles, the banking industry code of self-regulation in this area.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Cartels

Module outline and aims

The model has three core aims:

  • To provide a framework for a detailed exploration, consideration and evaluation of cartel practices;
  • To provide a framework for a detailed exploration, consideration and evaluation of the substantive provisions of EU and US law on price fixing, marketing sharing, limitations on output and bid rigging;
  • To provide a framework for the exploration, consideration and evaluation of the current policy on an international level towards cartels;

Content outline

The syllabus will include in depth analysis of the following topics:

  • Introduction: Cartels Historical Origins and the Social and Economic Reasons Why Cartels Exist. Rise of trading companies and price-fixing in open markets. Social groups and price-fixing and the economics of cartels.
  • What is a cartel? What are the consequences for the economy as a whole and the consumer in particular of cartel type activity? What are current attitudes to cartels: national, regional and International policies. How are cartels sanctioned? What are the difference in enforcement policy towards cartel and non-cartel activity?
  • The anatomy of a cartel. What are the salient characteristics of a cartel? What makes for a successful cartel? An analysis of four recent cartel cases.
  • The Substantive Law of Cartels I. Price-Fixing and Conspiracy. Legal definitions of price-fixing. Scope of what counts as price-fixing for purposes of EC and US competition law. Notion of Conspiracy and single continuous offence.
  • The Substantive Law of Cartels II: Market Sharing: How are markets divided? What are the consequences of market sharing? Notable cases.
  • The Substantive Law of Cartels III Restrictions on Output and Bid Rigging
  • Combatting Cartels I: Enforcement tools public v/ Private enforcement. Leniency programmes. Settlements
  • Combatting Cartels II: Penal sanctions; Actions for Damages
  • The International Dimension I: Combatting Cartels on an international level: Unilateral measures– The Principle of Extraterritoriality in US and EU law
  • The International Dimension II Bilateral and Multilateral co-operation, in the fight against cartels; The role of trade agreements

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Commercial Arbitration

Module outline and aims

The module will utilise a comparative approach to commercial arbitration within the international arena, including disputes with States and other commercial parties. A regular comparison of different laws in various States will enable you to evaluate and assess best legal approaches.

This module aims to provide detailed understanding and practical application of substantive law relating to International Commercial Arbitration.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Introduction to ADR and international commercial arbitration
  • Nature and forms of arbitration advantages and disadvantages for various clients
  • Arbitration laws and rules national and international instruments and Conventions. Hierarchy of the instruments, respect for party autonomy v nature of law.
  • Substantive and formal validity of the arbitration agreement including drafting and analysing real case clauses.
  • Objective and subjective arbitrability with specific focus on illegality, antitrust, securities and fraud.
  • Limitation of arbitrators authority
  • Independence and impartiality of arbitrators with spotlight on England and US.
  • Lex arbitri including critique of delocalised arbitration
  • Applicable substantive law and the validity of amiable composition.
  • Recognition and Enforcement of awards

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Corporate Finance

Module outline and aims

The aim of the module is to analyse the different aspects of corporate finance from a UK and international perspective. This will enable you to identify common aspects in the dynamics and mechanisms of companies to obtain financing and discover innovative trends in a continuous in developing area.

From a practical standpoint, the module will provide the tools to recognize the key elements to implement a successful financing technique by means of the analysis of theoretical issues and actual case studies.

Content outline

The module will assess general corporate principles and financing techniques. It is a theoretical and practical module with case studies that will enable you to approach a corporation that needs capital (e.g. due to an enlargement of its business operations or because it is facing a distressed situation), understand the issues at stake and contribute in successfully obtaining the required financing.

The syllabus will include in depth analysis of the following topics:

  • An Introduction to Corporate Finance
  • Corporate Governance
  • Financial Structure and Membership
  • Public Disclosure of Information
  • Corporate Finance: Understanding the Financial Needs of a Corporation
  • Raising Capital from the Capital Markets
  • Equity Financing [Likely guest speaker]
  • Mergers & Acquisitions of Companies Limited by Shares
  • Regulation of Takeovers [Likely guest speaker]
  • Corporates, the Environment and Human Rights

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Criminal Law: Crimes and Institutions

Module outline and aims

This module looks at how we deal with the worst atrocities on the international scale. How does the international system – states, international organisations, individuals – decide which acts are to punished, who are the perpetrators and what court can pass judgment on them. How has this system, effectively born after WWII, developed over time and why is it relevant today?

We will discuss what International Criminal Law is and what it’s for. We will look at its main institutions, especially the International Criminal Court, and the core international crimes, especially genocide, crimes against humanity and war crimes. We will look at seminal trials both in the past (e.g. Nuremberg), the present (e.g. Mladic, Gaddafi) and, maybe, the future (e.g. Kony, Syria).

The module aims to provide you with in-depth knowledge and critical understanding of both the rules of international criminal law and structures of its development and enforcement.

Content outline

  • What is International Criminal Law and how does it fit in the system of Public International Law
  • What are the goals of international criminal justice
  • The substantive law of Courts and Tribunals I: Nuremberg, Tokyo and the ad hoc Tribunals
  • The substantive law of Courts and Tribunals II: The International Criminal Court
  • Genocide
  • Crimes against humanity
  • War Crimes
  • Aggression
  • Current cases and issues in International Criminal Law

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Criminal Law: the Practitioner Prospective

Module outline

This module has been designed for those who are new to the subject of international criminal law and wish to have a basic understanding of some of the more important aspects of practice and procedure, as well as jurisdiction.

Aims

The module aims to provide you with:

  • A critical appreciation of major principles of international criminal law
  • A critical awareness of key developments in international criminal law
  • An awareness of the relationship between international criminal law and humanitarian law

Content outline

  • Introduction: key concepts, definitions and historical development
  • Relationship between international criminal law, international humanitarian law and human rights
  • Criminal jurisdiction and state immunity
  • International criminal tribunals and international criminal justice
  • Key aspects of practice and procedure in international criminal law

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Energy Litigation

Module outline and aims

This module analyses how international and cross-border disputes concerning energy can be settled. It focuses on disputes in exploitation and exploration of natural resources, as well as energy trade and energy-related investments.

The module’s aim is to develop a rigorous, in-depth and practical understanding of how energy related disputes can be settled, mainly in international fora.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Introduction: This seminar answers the following questions. What is energy? What is international energy law? Which are the main actors in this field?
  • State Jurisdiction: The seminar examines state jurisdiction and in particular the regulation of onshore and offshore energy related activities.
  • Key principles and concepts: This seminar examines the meaning, scope, content and evolution of the principle of permanent sovereignty over natural resources and of the concept of sustainable development.
  • Protection of Foreign Investors, Expropriation and Compensation in Custom
  • Protection of Foreign Investors in Bilateral Investment Treaties and the Energy Charter Treaty
  • Concession Contracts and Production Sharing Agreements
  • Energy in the World Trade Organisation and the Organisation of Petroleum Exporting Countries
  • Overview of the Energy Charter Treaty - Emphasis on Dispute Settlement concerning Transit and Trade: This seminar examines the trade and transit provision of the ECT and the dispute settlement mechanism of Annex D, and ECT Articles 27 and 7(7).
  • Cross-Border Pipelines and Environmental and Human Rights Implications
  • Joint Development Zones: This seminar examines international law governing the exploitation of joint hydrocarbon deposits.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Human Rights in Law and Practice

Module outline and aims

Through this module you will be challenged to appreciate international human rights law’s philosophy, rules and structure.

You will also examine human rights practice from the perspective of the UN rights infrastructure, regional bodies, and from the perspective of international NGOs, as well as the domestic scene of human rights practitioners and the constituencies of victims.

You will learn, using academic texts as well as practitioner materials and primary sources including court and UN documents, what the challenges are for those seeking to fulfil the ‘promise of human rights’ in today’s world.

You will examine the legal human rights infrastructure including international instruments and institutions. You will also examine the agendas and strategies of states, international bodies, NGOs, human rights lawyers and victims including new rights-oriented social movements.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Human rights theory, law and practice
  • The contested history of the ‘human rights movement’
  • The UN System
  • Human rights and war
  • The criminalization of human rights violations
  • Indigenous peoples, human rights and natural resources
  • Business & Human Rights
  • Human rights in unexpected places
  • Rights based approaches to everything
  • Conclusions: IHRL’s emancipatory potential

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Intellectual Property Law and Policy

Module outline and aims

The aim of this module is to provide you with in-depth knowledge and understanding of a specialised area of policy and legal studies, ie International Intellectual Property Law and Policy.

To provide a focus on some of the concepts behind the leading forms of intellectual property law, in particular a grounding in the essential aspects of intangible assets such as trademarks, patents, designs, copyright, geographical indications, confidential information, as regulated by various international treaties, namely the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), a treaty signed under the auspices of the World Trade Organization (WTO).

Content outline

Intellectual property (IP) has acquired an international dimension. Billions of products incorporating valuable intangible assets (such as tablets, smartphones, CDs, books, food, wine, genetically-modified plants, watches, cars, clothes, medicines, and many others) are regularly traded every year across national borders.

Companies and entrepreneurs need therefore to rely on international provisions that adequately protect their intellectual properties at a global level. These provisions are contained in a variety of international treaties, more importantly the TRIPS Agreements and the Paris and Berne Conventions.

The module will analyse the aim, spirit and content of the most important provisions of these treaties. The focus will also be on the need to find a balance between IP protection and public interests, including public health, biodiversity and access to knowledge.

Domestic and international disputes regarding patent protection of pharmaceutical products, restrictions on the use of tobacco brands and patenting of life forms will be analysed, amongst others.

The module will reveal two divergent approaches/opinions on how to devise, apply and interpret international IP legal provisions: (i) developed countries’ opinion that IP should be made available in all fields of technology with a very few and narrowly-interpreted limitations; (ii) developing and least-developed countries’ point that IP rights do not exist in a vacuum and should thus be balanced with competing public interests.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Investment Law

Module Outline and Aims

This module is focused on the international law governing foreign direct investment, meaning the activities of multinational corporations, including the establishment of entirely new facilities abroad and the purchase of other companies abroad.

The aim of this module is to provide you with an understanding of the major issues in international investment law as well as the primary institutions and legal instruments that establish the laws that are aimed at facilitating international investment.

Content Outline

The module will introduce you to the central issues in international investment law, including bilateral investment treaties, investor-state dispute settlement, and international law standards relating to the treatment of foreign property by host states.  It will also consider political risk insurance as provided by the World Bank as well as some of the investment specific agreements under the World Trade Organization.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Law and the Global Economy

Module outline and aims

This module is aimed at those wanting to understand the role of law in the global economy. It will cover all aspects, from the early development of international law as the regime of choice for international traders and explorers, to the current questions of international economic law and the global financial crisis. It will examine development, foreign direct investment and economic rights.

You will be challenged to analyse and discuss the interface between international law and the global economy from the different perspectives: historical, current, the institutional, individual, the developed world and the global poor.

We will be examining policy and economic trends and learn to recognise points of friction and areas for improvement. Attention will be paid to private law regimes as well as trends in global governance.

This module aims to provide a critical understanding of how international law relates to the global economy, moving from background principles to the current position.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Grotius, The East India Companies and the development of international law through trade
  • Decolonisation, natural resource concessions and international investment arbitration
  • The founding of the Bretton Woods institutions and the GATT
  • Oil, the dollar and global crises
  • The IMF, conditionality and sovereign debt
  • Development, food security and land as a natural resource (case study on Angola)
  • The World Trade Organisation, trade disputes and domestic subsidies
  • The Global financial crisis and the regulation of international banking and finance
  • The dark side of the global economy: War, arms trade and the private security business
  • Global governance and the development of the new corporate global lex mercatoria

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Law of the Sea

Module outline and aims

This module focuses on the international aspects of the Law of the Sea and provides an introduction to remedies in the Law of the Sea.

The module aims to facilitate the understanding of the Law of the Sea and the legal mechanisms and institutions developed in international law to assist in the resolution of Law of the Sea disputes.

The aim of the module is to provide a thorough understanding of relevant principles of law. It aims to provide you with an understanding of legal rights in relation to the sea, how disputes may arise, and how they may be addressed.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Sources/Conventions
  • Zones; Territorial Sea: delimitation/jurisdiction/allocation of competencies/innocent passage, The Contiguous Zone, The Continental Shelf, The EEZ, The High Seas, The Deep Sea Bed
  • Dispute Settlement
  • International Sea Bed Authority
  • Flag State Jurisdiction

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Tax Law

Module outline and aims

This module aims to provide you with a thorough knowledge of the principal issues in international tax law.

The module covers the different types of income that may arise and be liable for taxation for both individuals and other entities. It goes on to look at the interaction of taxation within a single jurisdiction and the possible issues and complications that can arise where a figure is potentially liable for tax in more than one jurisdiction.

Transfer pricing rules are also covered. Possible issues in relation to international tax avoidance are explored.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Business and professional income; employment and pension income; transportation income; real property income
  • Dividends, interest and royalties
  • Capital gains.
  • Income classification issues
  • Fundamental tax concepts, including "jurisdiction to tax", the idea of "international business taxation", and principles of "inter-nations equity" and "capital-import and capital-export neutrality".
  • Double taxation relief issues; non-discrimination, mutual administrative assistance, competent authority procedure
  • Tax treatment of partnerships and other entities, including multi-national companies
  • Interaction of tax treaties with domestic tax law rules.
  • Transfer pricing rules in international taxation: history and policy of international transfer pricing rules, OECD transfer pricing methodologies and advance pricing agreements (APAs) and recent international developments.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Trade Law

Module outline and aims

This module aims to develop an understanding of the key aspects of International Trade Law.

This subject is concerned with the large scale sale of goods between trading partners who conduct their business in different countries. This course examines the legal rules which underpin this trade. In particular, it examines the main features of the private law of international trade to enable you to develop a more sophisticated understanding of the public law issues relating to world trade law.

Content outline

The syllabus will include in depth analysis of the following topics:

  • An examination of the responsibilities of the parties to an international trade contract, and the management of the risk attendant to such contracts.
  • An examination of the terminology and principles of the sale of goods law of England and Wales
  • Trade terms, the work of the International Chamber of Commerce and issues concerning conformity of goods to contract specification i.e. quantity and quality, exclusion clauses and remedies of the seller and buyer.
  • The spectrum of typical international trade transactions i.e. from the Ex Works contract through FOB contracts to CIF contracts.
  • The methods by which payment is made and received, most notably the system of documentary credits.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Law and War

Module outline and aims

The module deals with the legal regime governing the use of force and the legal regulation of armed conflict. It will look at both conceptual and practical aspects. Particular focus will be put on the constant and growing tension between the state-centric nature of international law and the role that non-state armed groups play in situations of armed conflict.

Content outline

The module aims to develop both detailed knowledge and critical understanding of the relationship between law and war. It aims to familiarise you with conceptual and historical aspects of legal regime as well as to equip them to understand and answer current and future questions.

The syllabus will include in depth analysis of the following topics:

  • The evolution of the collective security system and the creation of the United Nations System
  • The concept of the use of force and the prohibition of intervention
  • The law of self-defence and related debates: anticipatory; pre-emptive.
  • Armed attacks by non-state actors and the use of force
  • Security Council Authorisation, interpretation of Resolutions and the problem of unreasonable veto
  • Humanitarian Intervention and the Responsibility to Protect
  • Underlying concepts and tensions in the law of war: humanitarianism and military necessity
  • The distinction between international and non-international armed conflicts: Group status and humanitarian protection
  • Combatant status and POW protection: humanitarian protection as a result of status?
  • The law of targeting: military necessity and proportionality
  • Means and methods of warfare: weapons and unnecessary suffering (discussion will include the use of drones and the prohibition of chemical weapons)
  • Terrorism, the ‘war on terror’ and the law of armed conflict

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Marine Insurance

Module outline and aims

The aim of this module is to develop an understanding of the key aspects of Marine Insurance Law.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Introduction to Marine Insurance and the market in which it operates. Contract formation and types of policies.
  • Insurable Interest and subrogation. Interpretation and rectification of Insurance Contracts.
  • The Doctrine of Utmost Good Faith in the context of pre-contractual disclosure; (materiality and inducement). Post-contractual duty of Good Faith including claims (both valid and fraudulent) and variation/renewal of policy. Remedies for breach of duty and possible reform proposed by the Law Commission.
  • Warranties, exceptions and implied terms.
    Principles of Causation (Remote, Immediate and Proximate Causes).
  • Standard Marine Insurance cover, including Hull and Machinery risks e.g. perils of the sea and the Inchmaree Clause. Standard exceptions Cargo insurance.
    Excluded Losses ( wilful misconduct, delay, ordinary wear and tear/inherent vice, war and strike risks).
  • Proof of loss, privity and "blind eye knowledge" in the context of e.g. unseaworthiness.
    Protection and Indemnity Insurance.
  • Third Part Rights Against Insurers Acts 1930 and 2010".the Padre Island and Fanti" decisions.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Mediation and Negotiation

Module outline and aims

This module focuses on the process of mediation, the use of which to resolve civil disputes has grown substantially over recent years. Mediation can take many forms and may be used in relation to anything from a large commercial case to a small value dispute, with special types of mediation being used for some areas, such as family law.

The module will cover why mediation might be chosen, how to select a mediation provider and/ or a mediator, and how to draft a mediation agreement. It will then look at the different stages of a mediation process right up to and including recording agreement. As mediation is a form of managed negotiation, the underlying principles of negotiation will also be considered.

The aim of this module is to help you to get a full understanding of how the different stages of a mediation process work. This will include getting knowledge of the main types of mediation scheme that are available, and the frameworks within which they operate. It will also include getting a practical insight into the role of a lawyer in mediation, and how to deal with the underlying negotiation in a strategic way.

The module is based on mediation practice and options in England, and will include an oversight of international and online alternatives. It module will cover current and proposed developments in the use of mediation, including government policy.

Content outline

Topics covered in this module include:

  • An overview of mediation options in England, and the framework within which these options operate.
  • An outline of mediation options in the EU, internationally and online, including the framework within which these options operate
  • The selection of a mediation service provider, and/or of a mediator.
  • The role of a mediator
  • The role of a lawyer in a mediation
  • Drawing up mediation agreements
  • The elements of a negotiation process
  • The use of strategy and tactics in negotiation
  • Preparing for a mediation
  • The main stages in a mediation process
  • Making an opening statement in a mediation
  • Reaching an agreement in a mediation, and recording the outcome
  • The training of mediators, and the possible legal liability of a mediator
  • Codes of conduct for mediators and oversight

Assessment

This module is assessed through two elements, both of which will relate to the same set of papers. You will be given a set of case papers in a case where the parties have agreed to mediate. You will be asked to make an opening statement in the mediation lasting for up to 15 minutes. You will also be asked to draft a position statement for the case of up to 2,500 words.

Mergers

Module outline and aims

This module deploys European Union merger law as a framework upon which to understand the economics, policy and law of mergers. The module covers the key procedural issues, such as the “one stop shop” principle, forum shopping tactics and international-co-operation in merger control.

The module deals with procedural and substantive issues in merger assessment. The module looks at the underlying economics as to why regulators seek to block certain types of mergers; the legal definition of merger or acquisition; Community Dimension; market definition and the substantive assessment of significantly impeding effective competition; collective dominance, joint ventures and ancillary restraints

The aims of the module are:

  • Define and analyse the relevant market for the assessment of mergers
  • Identify and critically assess the effects of a merger by assessing jurisdiction for the merger
  • Assess the impact of mergers in the market. Conduct substantive analysis in examining unilateral and coordinated effects
  • Appraise the existence of efficiencies and remedies in order to clear mergers.
  • Assess buyer power, barriers to entry and failing firm defence in merger assessment.

Content outline

The module will address merger control and the European Community Merger Regulation in assessing supranational transactions that can affect the European market. After discussing the procedural and jurisdictional issues that arise in merger assessment, the module will address:

  • Market Definition
  • Horizontal Mergers
  • NonHorizontal Mergers
  • Remedies
  • Efficiencies
  • Failing Firm Defence

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Minorities and Indigenous Peoples in International Law

Module outline and aims

This module covers the developing legal principles that cover the rights of minorities and indigenous peoples. This has become an increasingly important area, and it is also a challenging one where legal principles have needed to be developed in a new area, and political and moral considerations lead to complexity.

This module aims to help you to develop a comprehensive understanding of international human rights norms and standards concerning minorities and indigenous peoples. It will address the relevant issues in a legal, political and moral context.

Content outline

The syllabus will include in depth analysis of the following topics:

  • Minority rights in international law: historical background and essential concepts
  • International instruments concerning minority rights
  • Europe and the protection of minorities
  • Multiculturalism and minority rights
  • Indigenous peoples: definition and key issues
  • Indigenous land rights in the Inter-American and African systems of human rights
  • Self-determination, minorities and indigenous peoples
  • Social Movements and Minority Rights

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Money Laundering Law

Module outline and aims

The Money Laundering course is designed to give you a thorough understanding of what money laundering is, its forms, its statutory requirements and its practical implications and defences under applicable law.

The module will create, expose and deliberate on technical understanding and awareness of the vulnerabilities of specific financial services and products. In the in the past 10 years a niche profession in anti-money laundering, compliance and financial crime prevention has been established.

The recent Arab Spring implications will kick start us off with understanding and analysing the implications of corruption and embezzlement and the impact of PEPS (Politically Exposed Persons) in the banking and financial world.

The course will finally round up with the correlation of money laundering with human rights violation and its micro and macro-economic impact.

The completion of the course will give you a good foundation and exposure to the various aspects of money laundering, bribery and corruption, sanctions and due diligence and an added advantage of not only a theoretical approach but also a practical overview of how due diligence is implemented and managed in the financial industry.

The module is designed to explore the following issues:

  • To provide a framework for a detailed exploration, consideration and evaluation of the principles of Money Laundering law in England and Wales.
  • To provide a framework for a detailed exploration, consideration and evaluation of the substantive provisions of the Proceeds of Crime Act 2002.
  • To provide a framework for the detailed exploration, consideration and evaluation of the impact of Politically Exposed Persons (PEPS)
  • To provide a framework for the exploration, consideration and evaluation of the impact of the Assets Recovery Agency.
  • To provide a forum for understanding how the practical application of money laundering principles aids the development of KYC (Know Your Customer), financial monitoring applications and suspicious activity reporting mechanisms in the banking, financial and legal environment
  • To encourage the contextual study of law. In particular you will be encouraged to examine, analyse and evaluate money-laundering law in light of the growing significance of the internationalization of criminal law and the influence of international bodies such as the UN, OECD, FATF, EU, and the Council of Europe.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Project Finance and Law

Module outline and aims

This module explores the risks attached to large scale infrastructure and other projects of significant cost. It asks how these can be funded and how lenders can curtail the risks inherent in projects where loan finance is likely to be repaid out of the funds generated by the working of the project. There is a strong focus on contractual documentation in project finance.

The module is designed to explore the following issues:

  • How to analyse and allocate project risks:
  • The types of risk faced by project financiers;
  • How to apply the concept of 'bankability' to project contracts;
  • The typical provisions in international construction contracts;
  • How operation and maintenance contracts work in practice;
  • The financing agreements and their relationship with the project;
  • Sustainability issues attaching to projects.
  • Applying principles from other legal disciplines such as contract law and trusts law in the context of project finance will lead to an understanding of the scope and nature of project finance agreements so as to better draft agreements.
  • Understanding risks attaching to projects to better inform negotiation of such agreements.
  • Recognising liabilities that may attach to projects in order to advise on the shape and structure of transactions;
  • Applying principles of international law where relevant to projects;
  • Dealing with cross border issues that might arise in the context of a project.
  • Understanding extra legal and corporate social responsibility pressures on finance and project companies and advising in the light of such pressures.

Content outline

In this course we will consider:

  • Types of project and forms of finance
  • Risks attaching to large projects (Parts I and II)
  • Sources of finance
  • Contractual structures (Parts I and II)
  • Procurement issues
  • Cross border projects
  • Environmental regulation and impact assessment
  • Dispute resolution.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Public International Law

Module outline and aims

This module focuses on the general and underlying concepts of Public International Law. It will cover both on substantive law and remedies. It is also intended to provide an overview of the key areas of development in Public International Law

The module aims to facilitate an understanding of Public International Law and its function in the international legal order. It explores the foundations of Public International Law as a discipline as well as investigating its practical application.

If you have not previously studied PIL you must take this module as one of your four modules.

This course is open to students enrolled in Masters level courses at City.

Content outline

  • Nature, historical development and sources
  • Relationship between International Law and Municipal Law
  • Personality, Statehood and Recognition-
  • Jurisdiction and Immunities
  • Treaties
  • International Human Rights
  • State Responsibility
  • International Criminal Law and Counter-Terrorism-
  • International organisations and The UN-
  • Use of Force and IHL
  • Dispute Resolution

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Regulation of Online Entertainment


Module outline and aims

In this module you will synthesise the plethora of legal and regulatory provisions applicable to the online entertainment industry in order to gain a thorough understanding of what is required of the industry in order to develop, commercialise and provide a legitimate offer. In particular, the nuanced distinctions between gambling, gaming, social gaming and freemium models and the legal nature of virtual currency and virtual property will be explored.

Due to the borderless nature of the Internet, the module takes an international approach analysing examples from a variety of jurisdictions, including the overarching requirements imposed by the European Union Laws.

The aim of the module is the provide you with an advanced knowledge and understanding of the parameters in which the entertainment industry operates from a policy and consumer protection perspective. The study of regulatory and commercial frameworks will also give you the insight as to how to formulate compliant business plans in a variety of legal regimes. Additionally, the module will facilitate independent research into the procedures for securing licences and other relevant approvals of gambling games and video games.

Content outline

  • Introduction to the gambling and gaming industries
  • Various forms of entertainments
  • Virtual property
  • Regulation of Gambling
  • Regulation of gaming
  • Cross-border jurisdictional and enforcement issues

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Sentencing: Theory and Practice


Module outline

This module examines the concept of punishment as the final outcome of a successful prosecution. Whilst the main focus of the module is on sentencing in England and Wales, we will examine the international perspective and the growing influences from other common law jurisdictions, Europe and beyond.

The aims of this module are to enable you to:

  • Evaluate the various justifications for punishment and how these have informed penal policy;
  • Critically analyse past and current sentencing policy;
  • Understand the sentencing system that applies in England and Wales and the influences from other jurisdictions;
  • Critically consider various dimensions of sentencing, concentrating on those factors which will affect choice of sentence for an offender;
  • Analyse and evaluate the principles which determine how key sentencing decisions are made and the arguments which a lawyer can use to influence those decisions.

Content outline

You will examine some fundamental principles and issues as well as specific aspects of sentencing. You can expect to cover the following areas, in accordance with importance at the time of the course:

  • The history and theories of punishment and sentencing.
  • The international dimension of sentencing from the liberal to the conservative.
  • The Sentencing Council: The role of Sentencing Guidelines.
  • The concept of ‘seriousness’: culpability and harm; previous convictions; mitigation; guilty pleas.
  • A critical examination of the use of imprisonment.
  • Alternatives to custody from community sentences to the virtual prison.
  • Young offender punishment and sentence – the need for a different approach?.
  • Restorative justice: an alternative to traditional sentencing.
  • Inequality in sentencing: race and gender.
  • Sentencing for sex and drug offences – issues of morality, proportionality and legality.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

Substantive EU Competition Law

Module outline and aims

This module aims to give you a thorough understanding of the main principles of competition law. In particular, using European Union competition law as a framework, you will gain an understanding of the law, economics and policy of competition in this context.

While focussed on the EU model, this module provides a useful backdrop for the further study and comparison of other competition systems in other modules. It is essential to the understanding of substantive EU law.

The aims of this module are:

  • To introduce you to the core principles of EU competition law.
  • To enable you to analyse and evaluate the procedures against stated policy, synthesising material from a range of sources.
  • To develop doctrinal legal analytical skills.

Content outline

  • Introduction to the development of competition law within the context of the EU internal market, considering key approaches to competition and the underlying economic justifications.
  • The two key provisions in the Treaty on the Functioning of the European Union which form the central elements of EU competition policy in the internal market: Article 101 TFEU (anti-competitive agreements) and Article 102 TFEU (abuse of a dominant position).
  • The seminars are structured to consider first anti-competitive agreements and their justification/exemption, both horizontally and vertically, before considering the application of the abuse of dominance provision and the extent to which the classical case law is now under attack from liberal critics.
  • Consideration of two particular problem areas: the relationship between competition law and intellectual property rights (particular important in the IT field and the ‘new’ economy) and the role of competition in market liberalisation, particularly in respect of the utilities and Article 106 TFEU.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

World Trade Law

Module outline and aims

You will explore the various ways in which the World Trade Organisation (WTO) system seeks to maintain and expand international trade and the extent to which these limit the regulatory autonomy of member states (their ability to regulate their domestic markets as they wish).

You will also investigate the extent to which the WTO system impacts on, or accommodates, non-trade values such as environmental protection and the advancement of social values such as the protection of labour standards.  Particular attention will be paid to how the organization’s dispute settlement system functions.

Taking this module will mean that you will be able to understand the ways in which the WTO system affects international trade and to come to your own informed conclusions as to whether it creates a just system.

Assessment

This module is assessed through coursework. You will be asked to write an essay of 5000 words. A choice of topics will be provided.

International Politics modules

Master of Law students may also take one of the following International Politics modules as part of the course. Please note that this is subject to space being available in the modules once students doing the MA in International Politics have been accommodated.

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City, University of London is an independent member institution of the University of London. Established by Royal Charter in 1836, the University of London consists of 18 independent member institutions with outstanding global reputations and several prestigious central academic bodies and activities.