Laws, postgraduate (LLM, PG Dip and PG Cert)

Overview

Gain a prestigious University of London LLM by distance learning

The LLM (Master of Laws) is an internationally recognised postgraduate law degree, comparable to an MBA in business and management.

Valuable for both legal and non-legal professionals

A valuable qualification for both legal and non-legal professionals, the University of London International Programmes LLM, studied by distance learning, offers breadth and flexibility, enabling you to tailor your LLM degree to meet your personal and professional interests, without necessarily specialising in one area of law.

This LLM by distance learning offers one of the widest choices of modules on the global market, including:

Access and choice

Access is a key principle - you do not need a Bachelor of Laws (LLB) to apply. If you do not have a degree, you can start on the Postgraduate Certificate in Laws and progress up.

Whether you're a practising lawyer, LLB graduate or non-legal professional, if you're keen to enhance your prospects with current or prospective employers, there is an option to suit you.

Gain valuable transferable skills

The LLM will help you to:

  • develop a sound understanding of legal cultural context
  • develop the skills to carry out effective legal research
  • enhance your forensic legal skills such as analysis, critical evaluation, logical thinking and argument
  • develop an advanced intellectual engagement with some of the most difficult legal problems.

Programme summaries

  You study Study period Cost (2014) Cost (2015)
Postgraduate Certificate 5 modules (from up to 4 courses) 6 months-5 years £3,100 £3,220
Postgraduate Diploma 10 modules (from up to 4 courses) 1-5 years £5,375 £5,580
LLM 16 modules (from 4 courses) 1-5 years £8,105 £8,412
Individual modules You can take up to four credit bearing individual modules from the Postgraduate Laws programme on a stand-alone basis. These modules can later be credited to study on the Master of Laws (LLM) degree, Postgraduate Diploma in Laws and Postgraduate Certificate in Laws. 6 months-2 years £495 £515

Our students also value the many benefits of online distance learning

  • Study when it's convenient for you
  • Become part of a global online community of people in your field
  • Choose to study over 1, 2, 3, 4 or 5 years
  • Gain a world-class qualification from an internationally renowned University while maintaining your busy professional and personal commitments

Summary of key dates

To sit exams in: Best to apply before: Must enrol by:
May 31 July
(previous year)
10 November
(previous year)
October 31 January
(same year)
15 April
(same year)

Developed by academics

The LLM from the University of London International Programmes has been developed by academics within Queen Mary and UCL Law departments, both of which have outstanding reputations.

We have over 150 years’ experience in providing distance learning programmes

“I chose the programme for its flexibility. At the same time as indulging my interest in criminal law, I could pursue my interest in human rights, for example. The quality of the programme is exceptional. I knew from the offset that it was going to be good; I didn't realise how good it was going to be.”

Notes

  • It is not essential to sign up to do a specialisation when you start your studies. You can switch and change your planned specialisation throughout your studies and even get three different specialisations on the postgraduate certificate, postgraduate diploma and LLM respectively.
  • In England and Wales, the Law Society and General Council of the Bar do not recognise the Postgraduate Laws Programme as having QLD (Qualifying Law Degree) status. We advise you to contact the legal professional body in the jurisdiction where you intend to practise, to find out what their requirements are with regards to satisfying their entry requirements to the legal profession.
  • The Postgraduate Laws programme is designed to be studied independently at a distance and academics are unable to engage in active advice or tuition. The study guides have been designed and produced by experts to lead you through your studies and be your principle point of reference. Recent developments in the various subject areas will be published in the VLE where you can also find many Examiner commentaries providing academic feedback on past exam papers and performance. You can additionally discuss any points with other students in the course forums or the Student Café, informal spaces within the eCampus.
Structure

Structure and syllabus

The great benefit of this programme is its flexible structure. It's up to you whether you study the subjects of most interest to you and/or those that will be most useful to your career. There's a wide range of courses to choose from and three awards to aim for: you decide the level you want to achieve and the areas you want to cover. And because you can study when you choose, you can plan your studying to fit in with your work and home commitments. You can find out more about specific courses on our LLM YouTube channel.

Each course is divided into four modules and there is a separate exam for each module. For some modules, there are set sequences to guide you through the modules (given under the syllabuses). For others, you decide the order in which you study your chosen modules.

You take the following number of courses and modules:

  • Postgraduate Certificate – five modules from up to four courses.
  • Postgraduate Diploma – ten modules from up to four courses.
  • Master of Laws (LLM) – sixteen modules from four courses.

You can choose whether you would like to cover several areas of the law or specialise in a particular area. It is not essential to indicate your desired specialisation when you register with us and you may wish to change your planned specialisation later in your studies. If you choose to specialise, the name of your specialisation will appear in the final certificate of your award, for example ‘Master of Laws in the specialisation: Computer and Communications Law' or 'Postgraduate Diploma in Laws in the specialisation: Maritime Law'.

If you would like to specialise in a particular field of law, you need to study a certain number of courses or modules within that specialisation, as follows:

  • Master of Laws (LLM) - three complete courses (12 modules) chosen from one specialisation.
  • Postgraduate Diploma - eight modules chosen from one specialisation.
  • Postgraduate Certificate - four modules chosen from one specialisation.

You can build your awards progressively. If you have successfully studied five modules and received the Postgraduate Certificate, you can continue studying five more modules and receive the Postgraduate Diploma. After that, six more modules get you the Master of Laws (LLM). To do this, you will continue to study the courses you have begun until they are completed, but courses usually fit into more than one specialisation so you may well be able to obtain the Postgraduate Certificate, Postgraduate Diploma and Master of Laws (LLM) in different specialisations if you wish.

Specialisations
Syllabus

Courses currently offered

Admiralty law

Module A: Admiralty jurisdiction and procedure

Introduction and nature of jurisdiction; enforceable maritime claims

Exercise of jurisdiction, actions in rem and in personam, maritime liens and procedure

Rules and doctrines restricting the jurisdiction of the Admiralty court

Convention jurisdiction basis and multiple proceedings

Module B: Acquiring ownership in ships and the ship as property

Ownership, management and potential liabilities

Ship mortgages

Shipbuilding

Ship sale and purchase

Module C: Safety regulations in navigation, liabilities and limitation of liability

Collision regulations for conduct of vessels

Criminal liabilities for breach of statutes or breach of duty

Civil liabilities for negligence causing damage; apportionment of loss and measure of damages; limitation of liability

Module D: Assistance at sea and in ports

The concept of salvage under maritime law and the Salvage Conventions

Preconditions and elements of salvage; salvage agreements; assessment of award and special compensation. Liability of salvors for negligence and limitation

Towage contracts; liabilities to third parties arising from negligence during towage

The law regulating the rights and obligations of port authorities and pilots

Sequence:
Module C before Module D.

Textbook:
Aleka Mandaraka Sheppard, Modern Admiralty Law (London: Cavendish Publishing, 2001),
ISBN: 1859415318

Applicable laws and procedures in international commercial arbitration

Students wishing to study and be examined in this course are advised to successfully complete 'Regulation and infrastructure of international commercial arbitration' in full before attempting 'Applicable laws and procedures in international commercial arbitration'.

Module A: Applicable law issues in arbitration

Determination of applicable law

Applicable substantive law

Transnational rules, lex mercatoria and trade usages

Module B: Procedure and evidence in arbitration

Law governing the arbitration procedure

Commencement of arbitration; terms of reference / procedural directions

Procedural issues

Taking evidence

Module C: Jurisdictional issues in arbitration

Arbitrability

Determination of jurisdiction

Provisional measures

Multi-party and multi-contract disputes

Module D: Arbitration award – form, content, challenge and enforcement

Form and content

Finality and challenges to award

Recognition and enforcement

Sequence:
Module A first.

Textbook:
Julian D.M. Lew, Loukas A. Mistelis and Stefan Kr

Commercial banking law: bank customer relationship

Module A: Banks and customers

What is a bank and who is a bank customer?

The contract: obligations of parties, significance of the mandate, termination of the contract, variation, proper law of the contract

Duty of confidentiality owed by a bank to its customers and the circumstances in which the duty can, or must, be breached

Module B: Duty of care, fiduciary duty, constructive trust and undue influence

A bank’s duty of care: application and scope of duty

Fiduciary obligations: when does bank become a fiduciary and how can it limit or exclude its obligations?

Constructive trust: when does liability as a constructive trustee arise?

Undue influence: types of undue influence, how can a bank protect its transactions from challenge on the grounds of undue influence?

Constructive trust: when does liability as a constructive trustee arise?

Customer’s duty of care

Module C: Accounts, money, payment and fund transfers

What is money, how is its transfer conceptualised legally? Chattel and bank money

What is payment and how is it made?

Credit and debit transfers

Clearing and settlement systems

Legal relationships

Accounts and dispute resolution

Accounts: types of accounts and their implications

Dealing with complaints: Banking Codes, Financial Services Ombudsman Service

Module D: Cheques and payment cards

Cheques

What is a cheque, the obligations of, and defences available to, paying and collecting banks

Payment cards and recovering mistaken payments

Payment cards: debit cards, credit cards, charge cards, digital cash cards, etc.

Contractual relationships

Consumer Credit Act

Recovering mistaken payments

Sequence:
Students are required to attempt the modules in order.

Textbooks:
E.P. Ellinger, Eva Lomnicker and Richard Hooley, Ellinger's Modern Banking Law 4th ed (Oxford: Oxford University Press, 2005), ISBN: 9780199281190

Commercial trusts law

Module A: The nature of commercial trusts

Equity, trusts and commercial expectations

The contractarian account of trusts

Unit trusts and other financial uses of trusts

The constitution of express trusts in commercial transactions

Module B: Equitable devices used to take security in commercial contracts

Taking security in loan contracts

Equitable charges

Establishing title at common law and in equity

Example: collateralisation in financial transactions

Module C: The recovery of property in commercial litigation

Breach of trust in commercial and investment transactions

Recovery of property in relation to terminated transactions

Personal liability to account of commercial intermediaries

Case study: the local authority swaps cases

Module D: Investment of trust funds

The duty to invest under statute

The duty to invest in the case law

Principles of the law of finance

Issues with portfolio investment strategies

Sequence:
Module A first.

Textbooks:
Alastair Hudson, Equity and Trusts 5th ed (London: Routledge-Cavendish Publishing, 2007), ISBN: 9780415418478

Alastair Hudson, Understanding Equity and Trusts 3rd ed (London: Cavendish Publishing, 2008), ISBN: 9781859418871

Comparative criminal justice policy

Module A: Methods of comparative research

Finding data

Measuring crime

Comparing statistics

Comparing policies

Module B: Legal cultures and criminal justice policy

Common law

Civil law

Socialist law

Islamic law

Module C: Aspects of comparative criminal policy

Policing and prosecution

Trials and sentencing

Use of imprisonment

Probation and community punishment

Module D: Global crime

Controlling transnational crime

War crimes

Terrorism

International law and crime

Sequence:
The modules must be attempted in order.

Textbooks:
Francis Pakes, Comparative Criminal Justice 2nd ed (Cullompton: Willan, 2010),
ISBN: 9781843927693

Tim Newburn and Richard Sparks (eds), Criminal Justice and Political Cultures (Cullompton: Willan, 2004), ISBN: 9781843920540

Alison Liebling and Shadd Maruna (eds), The Effects of Imprisonment (Cullompton: Willan, 2006), ISBN: 9781843922179

Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (London: Penguin, 2006), ISBN: 9780143039884 or 9780140187656

Constitutional and institutional law of the European Union

Module A: The European Union institutional outline

  • The EC/EU distinction
  • Institutions: Council, Parliament, Commission, Court (ECJ and CFI)
  • The ‘Democratic Deficit’ debate
  • Subsidiarity
  • The European Constitution and its ratification

Module B: Sources of European Union law

  • Treaties
  • Secondary legislation: Regulations, Directives
  • Law-making procedures
  • Direct effect
  • Supremacy
  • Agreements with third countries

Module C: Remedies and procedures in European Union law

  • Enforcement proceedings by the Commission
  • Preliminary references
  • Direct actions before the ECJ
  • Actions for failure to act
  • Member State liability for failure to comply with European Union law

Module D: General principles of European Union law

  • Human rights
  • Citizenship
  • Rule of law
  • Discrimination
  • Proportionality

Sequence:
The modules can be attempted in any order.

Textbooks:
Trevor C. Hartley, The Foundations of European Community Law 7th ed (Oxford: Oxford University Press, 2010), ISBN: 9780199566754

Nigel Foster, Blackstone’s EU Treaties and legislation 2010–2011 21st ed (Oxford: Oxford University Press, 2010) ISBN 9780199582396

Corporate finance and management issues in company law

Students are advised that the subject demands some previous knowledge of English law in general, and especially of the English law of contract and agency, and of trusts.

Module A: Capital I

Introduction

Capital

Class rights

Module B: Capital II

Raising capital: Shares

Raising capital: Debentures

Module C: Corporate Management I

The management of the company

Directors' duties

Liquidation (in outline only)

Module D: Corporate Management II

Management theory

Corporate governance

Sequence:
Module A first.

Textbooks:
Alan Dignam and John Lowry, Company Law 4th ed (Oxford: Oxford University Press, 2006), ISBN: 0199289360

Len Sealy and Sarah Wothington, Cases and Materials in Company Law 9th ed (Oxford: Oxford University Press, 2010), ISBN: 9780199576807

Paul L. Davies, Gower and Davies: The Principles of Modern Company Law 8th ed (London: Sweet & Maxwell, 2008), ISBN: 9780421949003

Derivatives law

Module A [LWM75A]

Analysing and documenting derivatives transactions
The nature of financial derivatives
The International Swaps and Derivatives Association (ISDA) Master Agreement structure
The provisions of the ISDA master agreement
Issues in the creation of financial derivatives

Module B [LWM75B]

Terminating derivatives transactions
The ISDA termination scheme in outline
Events of default
Termination events
The ISDA termination procedure

Module C [LWM75C]

Legal issues in collateralisation and stock-lending
Taking security under English law
Collateralisation in general terms
Standard market documentation for collateral
Lessons from the local authority swaps cases

Module D [LWM75D]

Credit derivatives and securitisation
Credit derivatives
Securitisation
Stock-lending and repo transactions
Derivatives and the financial crisis

Textbooks:

  • Hudson, A. The law of finance. (London: Sweet & Maxwell, 2009) first edition [ISBN 9780421947306]
Equity and trusts in context

Module A: The constitution of express trusts

The intellectual basis of equity and the history of the law of trusts

The foundations of express trusts

The constitution of express trusts

The obligations of trustees

Module B: Trusts implied by law

Resulting trusts

Constructive trusts (i)

Constructive trusts (ii)

Constructive trusts (iii)

Module C: Breach of trust and equitable remedies

Trustees’ liability for breach of trust

Tracing

Personal liability to account as a constructive trustee

Equitable remedies

Module D: Trusts of land and of the home

Establishing rights in the home

Commonwealth approaches to establishing rights in the home

Trusts of land

Remedial approaches to the acquisition of rights in the home

Sequence:
The modules can be completed in any order, but students without a firm understanding of the foundations of trust law are advised to take Module A first.

Textbooks:
Alastair Hudson, Equity and Trusts 5th ed (London: Routledge-Cavendish, 2007),
ISBN: 9780415418478

Alastair Hudson, Understanding Equity and Trusts Law 3rd ed (London: Cavendish Publishing, 2008), ISBN: 9781859418871

European Union competition law

As noted in previous editions of the Regulations, the syllabus for this course has been updated for 2012 to reflect recent developments in the law.

Students are not expected to have prior knowledge of European Union competition law but it is desirable that they should be, or become, familiar with the general law and institutions of the European Union law.

Module A [LWM11A]

Anti-competitive agreements and collusion

  • Article 101 TFEU - General principles
  • Vertical agreements
  • Licensing of intellectual property rights
  • Cartels
  • Horizontal co-operation agreements

Module B [LWM11B]

Sequence: module A must be attempted before module B
Abuse of a dominant position

  • Article 102 TFEU - General principles
  • Dominance
  • Abuse

Module C [LWM11C]

Sequence: module A must be attempted before module C
Merger control

  • Regulation 139/2004 - General principles and jurisdiction
  • Regulation 139/2004 - Substantive analysis
  • Joint ventures

Module D [LWM11D]

Sequence: module A must be attempted before module D
European Union competition law practice and procedure

  • Regulation 1/2003
  • Enforcement of Articles 101 and 102 in national courts
European Convention on Human Rights

Module A: Context and foundations of the European Convention on Human Rights

Background to the adoption of the European Convention on Human Rights

Development and nature of the Convention system

The relationship between the Convention and other international and European norms and mechanisms

Interpreting and limiting Convention rights and freedoms

Module B: The European Convention on Human Rights Mechanism

Admissibility

Procedure before the European Court of Human Rights

The nature and effect of Court judgments

Implementing Court judgments

The role of the Secretary General of the Council of Europe

Module C: European Convention on Human Rights Substantive Rights (1)

The prohibition on discrimination

The right to life

The prohibition on torture, inhuman and degrading treatment

The prohibition on slavery, the right to liberty and security and freedom of movement

Module D: European Convention on Human Rights Substantive Rights (2)

The right to respect for private and family life and the right to marry

Freedom of conscience and religion

Freedom of expression, association and assembly

The right to a fair hearing and to an effective remedy

Sequence:
Module A must be attempted before module B; modules A and B must be attempted before module C; module A and B must be attempted before module D.

Textbooks:

Clare Ovey and Robin White, Jacobs and White: The European Convention on Human Rights 4th ed (Oxford: Oxford University Press, 2006), ISBN: 9780199288106

Dorothy J. Harris and A. R. Mowbray, Cases and Materials on the European Convention on Human Rights 2nd ed (London: Butterworths Law, 2005), ISBN: 9780406977274

Donna Gomien, Short Guide to the European Convention on Human Rights 3rd ed (Strasbourg: Council of Europe, 2005), ISBN: 9789287156709

European internal market

Module A: The scope of the ‘four freedoms’

Introduction to the four freedoms

Material scope: notion of economic activity

Wholly internal situations

Personal scope: public and private parties

Personal scope: third country nationals

Module B: Free movement 1 - Equal treatment and non-discrimination

Equal treatment and non-discrimination

Distinctly applicable/directly discriminatory rules

Indistinctly applicable/indirectly discriminatory rules

Amplifying/dampening non-discrimination claims: citizenship and fiscal sovereignty issues

Treaty-based limitations and exceptions to the market freedoms

Module C: Free movement 2 - Beyond discrimination

Restrictions on internal market freedoms

Mandatory requirements/overriding requirements of the general interest

Proportionality

Mandatory requirements and distinctly applicable/discriminatory measures

Procedural requirements applied to justifications and exceptions

The limits of a restrictions-based analysis

Module D: Regulation of the internal market

Creating and regulating the internal market – history and overview

Mutual recognition and co-ordination of national regulatory systems – harmonisation

Legal basis and legislative procedural issues relating to internal market legislation

Sectoral examples of harmonising legislation

Regulatory structures and actors: comitology and regulatory agencies – private and self-regulation

Sequence:
Module A, followed by Module B.

Textbooks:
Paul Craig and Gr

External relations law of the European Union

The syllabus for this course will be updated for 2012 to reflect recent developments in the law. All examinations in 2012 onwards will be on the new syllabus.

Module A: Constitutional foundations

European Union and European Community legal order

International legal personality

Express competence

Implied competence

Module B: International law and European Community law

Negotiation, conclusion and implementation of international agreements

Mixed agreements

Effects of international law in European Community legal order

Relationship between World Trade Organisation and European Community law

Module C: External economic relations

Autonomous measures - Common Commercial policy

International Agreements: European Economic Area, Partnership and Cooperation agreements, Stabilisation and Association agreements, Euro-Mediterranean agreements

European neighbourhood policy

Module D: External political relations

Common Foreign and Security Policy

European Security and Defence Policy

Relationship between European Community and Common Foreign and Security Policy (sanctions, exports of dual-use goods)

Treaty establishing a Constitution for Europe

Sequence:
Module A first.

Textbooks:
Panos Koutrakos, EU International Relations Law (Oxford: Hart Publishing, 2006), ISBN: 9781841133119

Nigel Foster, Blackstone’s EU Treaties and Legislation 2010-2011 21st ed (Oxford: Oxford University Press, 2010), ISBN: 9780199582396

Foundational and constitutional issues in company law

Students are advised that the course demands some previous knowledge of English law in general, in particular English law of contract and agency, and of trusts.

Module A: Company law foundational issues I

Introduction

Corporate theory

The types and functions of companies

Module B: Company law foundational issues II

Company formation, promoters and pre-incorporation contracts

Corporate personality and limited liability

Lifting the veil of incorporation

Module C: Company law constitutional issues I

The ultra vires doctrine and other attributions issues (tort - corporate crime)

The articles of association and shareholders agreements

Module D: Company law constitutional issues II

Majority rule

Minority protection

Sequence:
Module A first.

Textbooks:
Alan Dignam and John Lowry, Company Law 4th ed (Oxford: Oxford University Press, 2006), ISBN: 9780199289363

Len Sealy and Sarah Worthington, Cases and Materials in Company Law 9th ed (Oxford: Oxford University Press, 2010), ISBN: 9780199576807

Paul L. Davies, Gower and Davies: The Principles of Modern Company Law 8th ed (London: Sweet & Maxwell, 2008), ISBN: 9780421949003

Human rights of women

Module A: Is the theory underlying human rights law male?

Introduction to Human Rights, what is Human Rights law?

Analysis of the history and philosophy of Human Rights discourse.

Who is included in the “human” of Human Rights?

Module B: Feminist critiques of human rights

Feminist theories and critiques of Human Rights law.

The problems and/or virtues of Human Rights law for women on a global scale.

Feminist reconstructions of Human Rights, aiming to ensure the inclusion of women.

Module C: Institutional framework, institutions and documents relating to the human rights of women

Examination of Human Rights documents and their institutional framework, including: the UN Charter, the “three Generations of Rights”, the Convention on the Elimination of All Forms of Discrimination Against Women; the Declaration on the Elimination of Violence Against Women.

International Courts, human rights and humanitarian law.

Module D: Sovereign governments, non-state actors and individual responsibility for human rights violations: linking theory to practice

Consideration of the work of non-governmental organisations set up for/by women.

Interrelationship between sovereign governments, non-state actors and a developing international jurisprudence on Human Rights law investigating how these impact on the lives of women.

Case studies on sexual violence and rape including the International War Crimes Tribunals at The Hague.

Reconnecting feminist legal theory to the Human Rights of women.

Sequence:
Students are advised to attempt the modules in order but may, if they wish, attempt modules in the following order:
Module C, module A, module B and module D or
Module C, module D, module A and module B.

Textbooks:
Hilary Charlesworth and Christine Chinkin, The Boundaries of International Law: A Feminist Analysis (Manchester: Manchester University Press, 2000), ISBN: 9780719037399

Rebecca J. Cook (ed), Human Rights of Women: National and International Perspectives (Philadelphia: University of Pennsylvania Press, 1994), ISBN: 9780812215380

Industrial and intellectual property

Module A: Intellectual property and technology

Patents

History and introduction; British, European and international patent systems (as affecting the UK); criteria for patentability; ownership; infringement

Breach of confidence

History and introduction; personal, trade and state secrets; the public interest and other defences.

Module B: Intellectual property and creativity

Copyright and related rights

History and introduction; the framework of copyright law - UK, Europe and international; subsistence of copyright; ownership; infringement; defences; term; moral rights; related rights - database right, artists’ resale right, performers’ rights.

Module C: Intellectual property and distinctive trading signs

The law of registered trademarks

History and introduction; the framework of trademark law - UK, Europe and international (as affecting the UK); criteria for registration; grounds for refusal; infringement; defences; revocation and invalidity

Passing off

Reputation or goodwill; misrepresentation; damage; standing to sue, including trade associations and foreign claimants; defences.

Module D: Intellectual property - integrated topics

Justifications for intellectual property

Sanctions for misuse of intellectual property, including civil remedies and criminal sanctions

Law of industrial designs - registered and unregistered systems; overlap with other rights

Dealing with intellectual property rights

Intellectual property and Europe - monopoly and a common market

Sequence:
Module D last.

Textbooks:
Jeremy Phillips and Alison Firth, An Introduction to Intellectual Property Law 4th ed (London:
Butterworths, 2001), ISBN: 9780406997579

Lionel Bently and Brad Sherman, Intellectual Property Law 2nd ed (Oxford: Oxford University Press, 2004), ISBN: 0199264309

Andrew Christie and Stephen Gare (eds), Blackstone’s Statutes on Intellectual Property 8th ed (Oxford: Oxford University Press, 2006), ISBN: 0199288267

Insurance law (excluding Marine insurance law)

Module A: Elements of insurance

Definition: what is an insurance contract?

Regulation of insurers

Intermediaries: agents, brokers

Module B: Insurance contract formation

Duty of disclosure and misrepresentation; remedies for breach

Formation of the contract including: offer, acceptance, premiums

Module C: The insurance contract and its terms

Insurable interest in property insurance and life assurance

Terms of the contract

Construing the terms of the contract

Module D: Claims process

Causation: determining the casue of the loss; losses caused by the insured

Claims: the claims process, the requirement of good faith

Subrogation: the insurer's, the insured's and the other parties' rights

Abandonment

Double insurance and contribution between insurers

Indemnity and reinstatement, mitigation of loss, reinstatement under contract and under statute

Alternative dispute resolution mechanisms: the ombudsman

Sequence:
Module A first, Module D last.

Textbooks:
John Lowry and Philip Rawlings, Insurance Law: Doctrines and Principles 2nd ed (Oxford: Hart Publishing, 2005), ISBN: 9781841135403

John Lowry and Philip Rawlings, Insurance Law: Cases and Materials (Oxford: Hart Publishing, 2004), ISBN: 9781841132747

Intellectual property and medicine

Module A: Intellectual property of medicine and its sources

International framework and history of intellectual property relevant to medicine

Categories of intellectual property relevant to medicine

European and National systems (UK and designated jurisdictions)

Applications of intellectual property in medical and pharmaceutical industries

Module B: Access to medicines

Overview of the issues and history of the campaign

Human right to health and the ethics of patents

TRIPS Agreement

Doha Development Round (Ministerial Declaration; Declaration on TRIPS and Public Health; Decision on Paragraph 6)

Paragraph 6 System

Module C: Patents and life forms

Legal and socio-legal concept of life form

Ethical considerations and exceptions

Medical biotechnologies

International, European and designated domestic frameworks (including European Biotechnology Directive)

Genes and gene sequences

Cloning

Germ-line modification technology

Embryos

Module D: Property in the person

Medical and genetic privacy and intellectual property

Genetic privacy

Genetic sampling and collection; genomic libraries and databases

Traditional medicine and genetic resources

Sequence:
The modules must be attempted in order.

Textbook:
Johanna Gibson, Intellectual Property and Medicine: Current Debates (London: Ashgate,
2009), ISBN: 0754672182

Intellectual property and sport

Module A: Branding in sports

Introduction to sporting brands

Trade mark protection for sports events and sports stars

Using copyright to protect imagery and sounds in sport

Using design rights to protect images, mascots and brands

Passing off and endorsement of events and stars

Sports celebrities image rights

Module B: Sponsorship in sports

The sponsorship market in sport

The different types of sponsorship available

The sorts of rights granted in sponsorship agreements

The responsibilities of both sponsors and the sponsored party

The sponsorship contract

Module C: Ambush marketing

Introduction to ambush marketing

Protection of special event symbols (for example, the Olympics)

Anti-ambush marketing laws

The use of domain names to ambush an event

The internationalisation of ambush marketing norms

Preventing ambush marketing: the toolkit

Module D: Special topics in sports

Broadcasting rights

Ticketing restrictions

Advertising laws and sports branding

Counterfeiting and merchandising

Sequence:
The modules can be attempted in any order.

Textbook:
Phillip Johnson, Ambushing marketing: a practical guide to protecting the brand of a sporting event (London: Sweet and Maxwell, 2007), ISBN 9781847033949

Intellectual property on the internet
Module A: Digital copyright
· Introduction to digital copyright
· Copyright Directive and Digital Millennium Copyright Act
· Emerging copyright issues
· Licensing and rights management in the digital arena
Module B: Trade marks and other rights in distinctive signs online
· Introduction to trade marks
· Developments in use of trade marks online
· Principle of territoriality and use of trade marks online
· Unfair competition
Module C: Domain names
· Introduction to the mechanics of the domain name system
· Cybersquatting
· Recent developments concerning domain names and intellectual property
· Dispute resolution
Module D: Computer-related patents
· Business methods patents
· Software patents
· Prior art effect
· Enforcement of rights
Sequence:
The modules can be attempted in any order.
Textbooks:
David I. Bainbridge, Intellectual Property 8th ed (London: Longman, 2010),
ISBN: 9781408229286
Andrew Christie and Stephen Gare (eds), Blackstone’s Statutes on Intellectual Property 8th ed (Oxford: Oxford University Press, 2006), ISBN: 0199288267
International and comparative bank regulation

Module A:

Risk, banks and the principles of bank regulation

Banks and risk: what is a bank, why are banks important, what is risk?

Principles of regulation: what is regulation and what is its purpose(s)?

Module B: Basel Committee and the regulation of international banks

Issues in international bank regulation: what are the problems?

Basel Committee on Banking Supervision: its structure, soft law

The Concordat 1975, Revised Concordat 1983, Core Principles

Capital Adequacy: Basel I and II

The impact of the banking crisis on Basel

Module C: European Union regulation and who should regulate banks

EU banking regulation law

Who should regulate banks? Single financial regulator, multiple regulators?

Module D: United Kingdom bank regulation law

Pre-1979: ‘unregulated’ period. Regulation 1979-1997

Financial Services Authority: structure, accountability, objectives and practice

Sequence:

The modules must be attempted in order.

Textbook:

There is no supplied textbook for this course. Instead, students are directed to read an extensive selection of online resources.

International and comparative competition law

Module A: The internationalisation of competition policy

Globalisation and actors in the process of internationalisation

Organisation for Economic Cooperation and Development (OECD)

World Trade Organisation (WTO)

United Nations Conference on Trade and Development (UNCTAD)

Multinational enterprises (MNEs)

International Competition Network (ICN)

Module B: Unilateral, bilateral and multilateral strategies

Extraterritoriality and principles of public international law

United States antitrust law

European Community competition law

Bilateral cooperation and agreements

Multilateral cooperation: A global competition regime?

Module C: The competition rules of developing and developed countries

United States antitrust law

European Community competition law

Competition rules in Member States of the European Union

Japanese anti-monopoly law

Canadian competition law

Competition law and policy in developing countries: Asia, Africa and the Middle East

Module D: Competition and trade policy

Aims and objectives

Similarities and differences

World Trade Organization

Sequence:
Module A first.

Textbook:
Maher M. Dabbah, The Internationalisation of Antitrust Policy (Cambridge: Cambridge
University Press, 2003), ISBN: 9780521820790

International and comparative law of copyright and related rights

Module A: Copyright law in the United Kingdom and United States

Introduction and protectable subject matter

Protection criteria

Ownership and duration

Economic and moral rights

Infringement and limitations to protection

Module B: French and German copyright law and related rights

Introduction and protected subject matter

Economic and moral rights

Authorship, transfer of rights and duration

Limitations and exceptions

Module C: International copyright law – international conventions and aspects of private international law

General concepts

The Berne Convention

The Universal Copyright Convention

The Rome Convention on the Protection of Phonograms and Performing Artists

Copyright and the TRIPs Agreement

The WIPO “Internet Treaties”

Private International Law Aspects

Module D: Copyright law in the European Community

Introduction to copyright law in the European Community

Computer programs and database protection

Rental and lending rights, satellite broadcasting and cable

Copyright term and artist's resale right

Copyright in the information society and enforcement

Sequence:
Either module A or module B first, but both module A and module B must be attempted before module C or module D.

Textbook:
Adrian Sterling, World Copyright Law (London: Sweet & Maxwell, 2003), ISBN: 9780421790704

International and comparative law of patents, trade secrets and related rights

Module A: Comparative law of patents

Introduction to patents: history, justifications, agreements

Methods of applying for a patent

Patentability

The person skilled in the art, priority and grace periods

Entitlement/ownership of patents

Infringement and exceptions to infringement

Transactions in patents

Translations (London Agreement)

Compulsory licensing and Crown use

Plant variety protection systems

Module B: Comparative law of trade secrets

Why protect trade secrets?

The distinction between commercial trade secrets and privacy

Relationship between trade secrets and patenting

Is confidential information property?

The law of trade secrets

Inter-relationship with data protection law

Module C: International agreements on patent law

Paris Convention

TRIPS Agreement

Other regional or international agreements:
- Patent Cooperation Treaty
- Budapest Treaty
- Patent Law Treaty
- UPOV Convention

Proposed agreements:
- Proposed Substantive Patent Law Treaty

European Community Patent Regulation / Convention

Module D: Current issues in international patent law and policy

Biotechnological patenting (so-called life patents and gene patents)

Patenting of computer software and business methods

“Patent quality”

Development and “Access to Knowledge”

Sequence:
The modules must be attempted in order.

Textbooks:
Lionel Bently and Brad Sherman, Intellectual Property Law 3rd ed (Oxford: Oxford University Press, 2008), ISBN: 9780199292042

Andrew Christie and Stephen Gare (eds), Blackstone’s Statutes on Intellectual Property 9th ed (Oxford: Oxford University Press, 2008), ISBN: 9780199238262

International and comparative law of trade marks, designs and unfair competition

Module A: The concepts of trade marks, designs and unfair competition

Introduction to the concept of trade marks: a functional, legal, and economic analysis

Introduction to unfair competition

The history of trade marks

Systems of protection; registered and unregistered trade marks

International agreements: the Paris Convention; the World Trade Organization; International Registrations; regional agreements; the Community Trade Mark (introduction); classification treaties; Trade Mark Law Treaty; appellations of origin; the Olympic symbols

Module B: Unfair competition

Systems of unfair competition: a comparative perspective

Misrepresentation and misappropriation

Unfair competition in the United Kingdom

Unfair competition in the United States

Unfair competition in France

Unfair competition in Germany

Other jurisdictions.

Module C: Registered trade marks

Registered trade marks: a comparative perspective

Systems of registration: first to file v. first to use

Registered trade marks in Europe: the Community Trade Mark; national registrations (United Kingdom; France; Germany); the role of the European Court of Justice

Registered trade marks in the United States

Other jurisdictions

Current trends: dilution; domain names.

Module D: Special topics in trade marks

Industrial designs; relationship to other forms of protection; Community Design Regulation; Hague Agreement Concerning the International Deposit of Industrial Designs, as amended.

Appellations of origin

Trade marks and competition: parallel imports; functionality and the interface between trade marks and other intellectual property rights; comparative advertising

Cultural issues: advertising; character merchandising; symbols of indigenous communities.

Sequence:
Module A first, Module D last.

Textbooks:
William R. Cornish, David Llewelyn and Tanya Aplin, Intellectual Property: Patents, Copyright, Trademarks and Allied Rights 7th revised ed (London: Sweet & Maxwell, 2010), ISBN: 9781847039231

Andrew Christie and Stephen Gare, Blackstone’s Statutes on Intellectual Property 8th ed (Oxford: Oxford University Press, 2006), ISBN: 9780199288267

Alison Firth et al, Trade Marks: Law and Practice 3rd ed (Bristol: Jordan Publishing Ltd, 2011), ISBN: 9781846612633

International and comparative trust law

Students are not required to have studied the 'Law of trusts' at
undergraduate level. However, it is advisable to have done so, for this course assumes that students are familiar with, and have an understanding of, the 'Law of trusts' and the standard works on the subject up to LLB level or its equivalent. Knowledge of the relevant principles of the 'Conflict of laws' is useful, though not essential.

Module A: The nature of the English trust

Survey of the English law of trusts

Shams

The trust as property-holding vehicle and as obligation

The core content of a trust

The Beneficiary Principle: trusts for non-charitable purposes

Module B: Offshore purpose trusts

Introduction to offshore non-charitable purpose trusts

Belize

Bermuda

The British Virgin Islands

The Cook Islands

Cyprus

Isle of Man

Jersey

Labuan

The STAR trust of the Cayman Islands

Module C: Asset protection trusts

Introduction to offshore asset protection trusts

The pre-Insolvency Act 1986 and current position under English law

The Bahamas

The British Virgin Islands (including the new VISTA trust)

The Cayman Islands

The Cook Islands

Cyprus

Gibraltar

The Isle of Man

Jersey

Module D: Special issues in international and comparative trust law

Part one:

Choice of law; jurisdiction; recognition; enforcement

General principles of choice of law

The Hague Trusts Convention

The jurisdiction and remedies of the English courts over foreign trusts

Recognition and enforcement of foreign judgments in England

Part two:

The reception of the trust or trust-like devices in civil law jurisdictions

The trust and the civil law

The trust from a worldwide perspective: The trust’s future

Sequence:
Module A must be attempted before section B; sections A and B must be attempted before section D.

Textbook:
John Glasson and Geraint Thomas (eds), The International Trust 2nd ed (Bristol: Jordan Publishing Ltd, 2006), ISBN: 9781846610394

International commercial insurance law

Module A: The contract of reinsurance

The definition of reinsurance

Regulation of reinsurance business

Forms of reinsurance: facultative contracts; treaties

Relationship between assured, insurer and reinsurer

Formation and insurable interest

Utmost good faith

Express, implied and incorporated terms

Module B: Reinsurance losses and claims

Back to back cover

Follow the settlements and follow the fortunes

Claims co-operation and claims control clauses

Aggregation of losses

Post-loss allocation

Inspection clauses

Module C: Liability insurance

Forms of liability insurance: event, injury, claims made

Compulsory insurance regimes: motor; employers’ liability; maritime law

Professional indemnity insurance

Directors’ and Officers’ insurance

Product liability insurance

Defence costs

Third party rights

Module D: Conflict of laws in insurance

Jurisdiction of the English courts: European cases

Jurisdiction of the English courts: non-European cases

Law applicable to insurance and reinsurance contracts: the different regimes

Law applicable to insurance and reinsurance contracts: express choice; absence of choice

Significance of the applicable law

Sequence:
Module A must be attempted before Module B.

Textbooks:
Textbook details TBC.

International criminal law

Students are advised that the subject demands some previous knowledge of public international law.

Module A: General context and international crimes before national courts

International law principles of State jurisdiction

Customary international law and treaty law

Direct criminal responsibility under international law

Treaty provisions requiring States to criminalise conduct (including terrorism and torture)

Piracy

Module B: Substantive international crimes

Jurisdiction and structure of international criminal courts and tribunals

Co-operation with international criminal courts and tribunals

Investigations, prosecutions, evidence and procedure before international criminal courts and tribunals

Fair trial rights appeals, revision and enforcement of sentences before international criminal courts and tribunals

Module C: The core international crimes (crimes within the jurisdiction of international tribunals

The elements of international crimes

War crimes

Crimes against humanity

Genocide

Aggression and crimes against peace

Module D: General principles of international criminal law

Aut dedere aut judicare (“extradite or prosecute”) and unlawful abductions

Jurisdictional immunities

Modes of participation in crimes, and concurrence of crimes

Defences

Sequence:
Module A must be attempted before section B; section A must be attempted before section
C; sections A and C must be attempted before section D.

Textbooks:
Antonio Cassese, International Criminal Law 2nd ed (Oxford: Oxford University Press,
2004), ISBN: 9780199259397

Claire De Than and Edwin Shorts, International Criminal Law and Human Rights (London: Sweet & Maxwell, 2003), ISBN: 9780421722507

Philippe Sands (ed), From Nuremberg to The Hague: The Future of International Criminal Justice (Cambridge: Cambridge University Press, 2003), ISBN: 9780521536769

International economic law

Module A: Evolution and principles of international economic law

Evolution of the law and economic policy

Evolution of international economic law

Fundamental principles of international economic law

Institutional structure of international economic law

Module B: International monetary and development law and policy

The law and practice of the World Bank

The law and practice of the International Monetary Fund

Financing for development

The millennium development goals

Module C: Regulation of foreign investment

International efforts to regulate foreign investment

Regulation of multinational enterprises (MNEs)

The notion of corporate social responsibility

Multinational enterprises and human rights

Module D: Public international law of trade

Substantive rules of the GATT/World Trade Organization system

Institutional overview of the World Trade Organization

Case study of the liberalisation of trade in agriculture

Current trade agenda and the Doha Development Round

Sequence:
Module A first.

Textbook:
Andreas Lowenfeld, International Economic Law 2nd rev ed (Oxford: Oxford University Press,
2008), ISBN: 9780199226948

WTO Secretariat, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations (Cambridge: Cambridge University Press, 1999), ISBN: 9780521785808

For Section C of the course only:
Surya P. Subedi, International Investment Law: Reconciling Policy and Principle (Oxford: Hart Publishing, 2008), ISBN: 9781841138794

International environmental law

Module A: General aspects of international environmental
law 1

Introduction

Development and sources of international environmental law

Jurisdictional and institutional aspects of environmental governance

General principles of international environmental law

Sustainable development

Module B: General aspects of international environmental
law 2

State responsibility for environmental damage

Civil liability regimes

Environmental dispute resolution

Human right and the environment

Module C: Particular subjects of international environmental law 1

Protection of the marine environment

General principles of conservation and biological diversity

Management of hazardous substances and wastes

Climate change protection

Protection of the ozone layer

Module D: Particular subjects of international environmental law 2

Trade and environment

Financial resources, technology and intellectual property

War and armed conflict in relation to the environment

Nuclear energy and the environment

Freshwater resources

Transboundary air pollution

Polar regions

Sequence:
Module A, followed by section B, and then either section C or D.

Textbook:
Philippe Sands, Principles of International Environmental Law 2nd ed (Cambridge: Cambridge
University Press, 2003), ISBN: 9780521521062

International investment law

Module A: Evolution of the law of foreign investment

Origins of the law of foreign investment: the early years

National standards v. international minimum standard

National treatment and the Calvo doctrine

The duty to compensate and the Hull formula

Module B: International efforts to regulate foreign investment

United Nations efforts

Efforts made by the World Bank

OECD efforts

The role of the World Trade Organization

Module C: Regulation under bilateral and regional investment treaties (BITs)

Origins of BITs

The content of BITs

Significance of BITs

Regional treaties: NAFTA

Module D: The case-law on the treatment of foreign investment

Fleshing out of the principles of the law of foreign investment

Definition of expropriation and nationalization

Determination of the quantum of compensation

Extending the frontiers of expropriation

Sequence:
Module A first, followed by Module B.

Textbooks:
M. Sornarajah, The International Law on Foreign Investment 2nd ed (Cambridge: Cambridge University Press, 2004), ISBN: 9780521545563

Peter T. Muchlinski, Multinational Enterprises and the Law (Oxford: Blackwell, 1999),
ISBN: 9780631216766

International law of the sea

Module A: Evolution of the law of the sea

Pre-UN developments

UNCLOS I

The four Geneva Conventions on the law of the sea

UNCLOS III

Module B: Baselines, the territorial sea and the contiguous zone

The law on drawing baselines

The rights of states in their territorial sea

The right of innocent passage of other states

Rights and duties in the contiguous zone

Module C: The continental shelf and the Exclusive Economic Zone

Definition and drawing of the continental shelf

Rights of States in the continental shelf

The concept of the EEZ

Rights and duties of States in the EEZ and its delimitation

Module D: The high seas, the sea-bed and dispute resolution

The notion of the freedoms of the high seas

The legal status of the sea-bed and its resources

The Deep Sea Bed Mining Authority

The Hamburg International Tribunal on the law of the sea

Sequence:
Module A first.

Textbooks:
Robin R. Churchill and A. Vaughan Lowe, The Law of the Sea 3rd ed (Manchester: Manchester
University Press, 1999), ISBN: 9780719043826

United Nations, The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea and of the Agreement Relating to the Implementation of Part XI with Excerpts from the Final Act of the 3rd Conference (New York: United Nations, 1997), ISBN: 9789211335224

International merger control

Module A: Introduction to merger control

Concepts and ideas

Economic analysis and market definition

The regulation of merger operations

Multinational enterprises and their concerns

Module B: Merger control regimes 1

European Community merger control

European Economic Area merger control

United States merger control

Module C: Merger control regimes 2

United Kingdom merger control

Merger control in Germany

Merger control in Canada

Australian merger control

Module D: Unilateral, bilateral and multilateral merger control strategies

Unilateral strategy: the doctrine of extraterritoriality

Bilateral strategy

Multilateral strategy

International organisations and bodies.

Sequence:
Module A first.

Textbook:
For Module D of the course only: Maher M. Dabbah, The Internationalisation of Antitrust Policy
(Cambridge: Cambridge University Press, 2003), ISBN: 9780521820790

International natural resources law

Module A: General aspects of natural resources law

The development of the notion of permanent sovereignty, environmental protection and sustainable development

Governance of natural resources: international organizations relevant to natural resources management and conservation

Property rights and natural resources

Injury to property of aliens on state territory

International cooperation for protection and management of transboundary nature resources

Module B: Specific issues relating to management of natural resources

Transboundary freshwater management

Fisheries management

The Convention on Biological Diversity (CBD) and conservation of biological resources

UN Convention on the Law of the Sea

Dispute settlement

Module C: International energy law

International and regional organisations in the energy sector

Climate change and natural resources use

Offshore oil and gas exploration and exploitation

Energy law and the environment

Module D: Energy law in Europe

The Energy Charter Treaty

EU energy law I – Market liberalization

EU energy law II - Climate change, environmental protection and energy efficiency measures in the EU

The EU’s cooperation with neighbouring states and its external relations in energy sector

Sequence:
Module A must be attempted before section B; section A must be attempted before section C; section A must be attempted before section D.

Textbooks:
Textbook details TBC.

International refugee law

Students should have some previous knowledge of public international law.

Module A: The development of, and responsibility for, international protection of refugees

  • Historical perspective
  • The legal framework: The 1951 Refugee Convention and other instruments
  • Definition of refugee: Beyond the classical definition
  • Assessment in refugee status determination procedures
  • International approaches to refugee protection
  • Legal protection of international displaced persons and stateless persons

Module B: The European dimension of refugee law

  • European immigration practices and policies
  • The evolving European Union Acquis on asylum: The European framework for refugee protection
  • European Union refugee status determination procedures
  • Responsibility and internal protection: European Union Directive on qualification for international protection
  • European Union jurisprudence: Interaction of the European Convention on Human Rights and refugee law

Module C: The rights of refugees

  • Standards of treatment
  • Durable solutions to refugee problems
  • Selected substantive rights of refugees under the 1951 Refugee Convention:
    • Principle of non-discrimination
    • Right to a fair trial
    • Family reunification
    • Employment
    • Housing
    • Education
    • Freedom of movement

Module D: Contemporary issues in refugee law

  • Refugee issues and armed conflicts: Dynamic of mobility and displacement
  • Women and children refugees
  • Non-Refoulement: A peremptory norm of international law
  • Loss and denial of refugee status: Article 1F of the 1951 Refugee Convention
International rights of the child

Module A: The development of the international law on the rights of the child

Introduction and analysis of international law and international human rights law

International and regional instruments – specific to the child

International and regional instruments – general human rights

The definition of a child in international law

The two principles of interpretation

Module B: Children and family life

Introduction and analysis of the public and the private

Definitions of family, family life and family environment

The ‘right’ to a family

The democratic family

Module C: Children and the justice system

Introduction and merger of family law principles and child criminal justice

Definition of juvenile

The umbrella principles

The rights of children accused of an offence

Child hearings

The rights of children deprived of their liberty

Module D: Combatting child poverty

Introduction and a critique of the generation of rights theory

Theories surrounding the separation of powers and how they have impeded using the law to alleviate poverty

Using the international law on poverty alleviation in the national courts

Using the international law on poverty alleviation in the international sphere

Sequence:
The modules can be attempted in any order.

Textbook:
Geraldine Van Bueren, Child Rights in Europe (Strasbourg: Council of Europe Publishing, 2008), ISBN: 9789287162694

Jurisprudence and legal theory

Students are not required to have taken an undergraduate course in Jurisprudence, but it will be assumed that they will have some familiarity with standard works in the field up to LLB standard.

The double modules can be attempted in either order.

Double section A/B: Modern legal theory

Selected topics in the development of Anglo-American legal philosophy from the origins of utilitarianism to the present day, including contemporary debates on philosophical method and the nature of law.

Double section C/D: Liberty, equality and law

Selected topics in the development of liberalism, including the ideas of liberty and equality and their relevance in the present day to our understanding of community, economics, cultural diversity and feminism.

Sequence: Either first.

Textbook: Ronald Dworkin, Law’s Empire new edition (Oxford: Hart Publishing, 1998), ISBN: 9781841130415

Law and policy of international courts and tribunals

Module A: Introduction to international dispute resolution

Introduction and historical background: from arbitration to the International Criminal Court

The concept of an international dispute

Participation in international disputes

Module B: Non-adjudicatory dispute resolution processes

The obligation to settle disputes peacefully

Overview of the processes for the peaceful settlement of disputes; negotiation; fact-finding; mediation; conciliation; arbitration and adjudication. Points of similarity and distinction; advantages and disadvantages; factors that influence recourse to particular processes

Fact-finding as a dispute resolution process; fact-finding by governmental and non-governmental actors; Inspection Panels; the role of fact-finding in disputes concerning violations of human rights

Negotiation and mediation

Module C: Role and functioning of international courts and tribunals: institutional aspects

Appointment and role of adjudicators

Role of registry/secretariat

Participants (and non-participants in proceedings) and their representation

Applicable law: procedural and substantive

Issues of access, including jurisdiction (contentious and advisory), standing and admissibility

Financing of international courts and tribunals and proceedings before them

Module D: Role and functioning of international courts and tribunals: procedural aspects

Third party participation, including intervention and amicus curiae briefs

Preparation and filing of written pleadings and the role of oral arguments

Provisional measures

Evidentiary rules and principles

The powers of the various courts and tribunals, including remedies

Interpretation, appeal and review

Sequence:
For students who chose to study and be examined in this course prior to January 2007, sections A and B must be attempted before Module D.
Students choosing to study this course with effect from 1 January 2007 will be required to attempt the sections in order.

Textbooks:
Ruth Mackenzie, Cesare Romano, Yuval Shany and Philippe Sands (eds), Manual on International Courts and Tribunals (Oxford: Oxford University Press, 2010), ISBN: 9780199545278

John Merrills, International Dispute Settlement 4th ed (Cambridge: Cambridge University Press, 2005), ISBN: 9780521617826

Law of financial crime

[Please note: this course replaces 'Fraud, corruption and money laundering']

Module A: Insider dealing and market abuse

The sources of the law on insider dealing

The EC context of market abuse: insider dealing and market abuse

The purpose of the law on insider dealing, and whether or not insider dealing ought to be
criminalised

Insider dealing offences under Part V of the Criminal Justice Act 1993

The power of regulators

Market abuse regulation

Module B: Fraud and market manipulation

The development of the criminal law of fraud

The economic and historical context of the law on abusive practices

Market manipulation offences

Fraud Act 2006 offences

Theft Act 1968 offences

Module C: Money laundering

The purpose of money laundering regulation

The international dimension

The context of money laundering regulation

Proceeds of Crime Act 2002 offences

Terrorism Act 2000 offences

Money Laundering Regulations 2007

The efficacy of money laundering regulation Civil recovery

Module D: The nature of the law on financial crime

The sources of the law on financial crime

The objectives of the law on financial crime

The economic and historical context of the law on corruption

The role of information and transparency in financial criminal law

The EC Market Abuse Directive

The role of the regulators in prosecuting criminal offences

The role of criminal law in supporting financial regulation in the UK

Other criminal offences under Financial Services and Markets Act 2000

The underlying objectives of the criminal law in relation to finance

Civil recovery

Sequence:
Module A, B and C must be completed before Module D.

Textbooks:
Alastair Hudson Law of Finance. (London: Sweet & Maxwell, 2009) ISBN: 9780421947306

For Sections C and D of the course only:
Peter Alldridge, Money Laundering Law (Oxford: Hart Publishing, 2003), ISBN: 9781841132648

Law of treaties

Module A: Introduction to the law of treaties

Introduction to the law of treaties

Sources of international law with a particular focus on treaties

Concept of a treaty in international law

Treaty-making process

Depositaries, registration and publication of treaties

Consent to be bound by a treaty

Module B: Entry into force and the scope of treaty obligations

Entry into force and obligations prior to entry into force

Reservations to treaties

Application of treaties (pacta sunt servanda; observance of treaties and internal law; effect on third states)

Module C: Legal aspects of the working of treaties

Interpretation of treaties

Conflict of treaties

Revision, amendment and modification of treaties

Succession to treaty obligations

Module D: Legal aspects of invalidity, termination and suspension of treaty obligations

Termination and suspension of treaties

Invalidity of treaties

Procedural aspects of the Vienna Convention on the Law of Treaties, 1969

Miscellaneous provisions of the Vienna Convention on the Law of Treaties, 1969

Sequence:
Module A first.

Textbooks:
Anthony Aust, Modern Treaty Law and Practice (Cambridge: Cambridge University Press, 2007), ISBN: 9780521678063

David Harris, Cases and Materials on International Law 7th revised ed (London: Sweet and Maxwell, 2010), ISBN: 9781847032782

Malgosia Fitzmaurice and Olufemi Elias, Contemporary Issues in the Law of Treaties (Utrecht: Eleven International Publishing, 2005), ISBN: 9789077596067

Law on investment entities

Module A: The legal nature of investment entities
The meaning of "investment": speculative, social and collective investment
The concept of "risk" in investment law
Trusts as investment entities
The predication of all investment entities on concepts of contract and property
Principles of portfolio management and their legal aspects
Acquisitions investment

Module B: Collective investment schemes
The European Community Undertakings for Collective
Investment in Transferable Securities (UCITS) Directive
The legal nature of a unit trust
The legal nature of an open-ended investment company
The regulation of collective investment schemes by the Financial Services Authority (FSA)

Module C: Communal investment schemes
The history of communal investment models
Friendly societies
Cooperative investment models
The legal inter-action of members of communal investment schemes
The legal nature of investors' rights in such entities
The regulatory context of retail investment services provision
Public sector investment models

Module D: Investor protection
The fundamentals of financial regulation in the UK
The effect of the Markets in Financial Instruments Directive (MiFID)
The conduct of business regulation
The regulation of financial promotion
The interaction between regulation and substantive law on investor protection

Sequence:
The modules must be attempted in order.

Textbooks:
Textbook details TBC.

Marine insurance law

Module A: The contract of marine insurance

The nature of a marine insurance contract

The Marine Insurance Act 1906

The requirement of insurable interest

Wagering and gaming contracts

The formation of a marine insurance contract

The construction of a marine insurance contract

The policy

Types of marine insurance policies (time/voyage policies; floating policies/open covers; valued/unvalued policies; composite/joint policies)

The assignment of rights under a marine insurance policy

Module B: The doctrine of Uberrimae Fidei and insurance contracts

Nature of the duty of utmost good faith

The assured's pre-contractual duty of good faith: misrepresentation and non-disclosure

The assured's post-contractual duty of good faith and the duty in respect of claims

The insurer's duty

Remedies

The role of the broker

Module C: The terms of the contract; risks; and causation

Terms:
- Premium
- The assured and the subject matter of the insurance
- The attachment, duration, alteration and termination of the insured risk (including change of voyage, deviation and delay)
- Warranties (express and implied)
- Conditions and other terms
- The Institute Clauses

Risks:
- Marine risks
- War risks
- Excepted risks

Causation

Burden of proof

The sue and labour clause (mitigation of loss)

Module D: Indemnity, subrogation and contribution

The principle of indemnity

The measure of indemnity:
- Partial loss
- Actual total loss
- Constructive total loss

Insurers’ right of subrogation upon payment

Contribution between multiple underwriters

Third parties’ rights against insurers

Sequence:
The modules must be attempted in order.

Textbooks:
Susan Hodges, Law of Marine Insurance (London: Cavendish Publishing, 1996),
ISBN: 9781859412275

Susan Hodges and Roy Carlile, Cases and Materials on Marine Insurance Law (London: Cavendish Publishing, 1999), ISBN: 9781859414385

Medical law and ethics

Module A: Basic concepts in medical law

Bioethics

Consent

Capacity

Confidentiality

Module B: Access to treatment and malpractice litigation

Resource allocation

Malpractice litigation

Product liability and the regulation of medicines

Liability for occurrences before birth

Module C: Legal and ethical issues in medical practice

Mental health law

Clinical research

Organ transplantation

End of life decisions

Module D: Legal and ethical issues in reproduction

Abortion

Embryo and stem cell research

Assisted conception

Surrogacy.

Sequence:
Module A first, Module D last.

Textbook:
Emily Jackson, Medical Law: Text, Cases and Materials (Oxford: Oxford University Press,
2006), ISBN: 9781859414385

Multinational enterprises and the law

Module A: Multinational enterprises in context

Globalisation and the rise of the multinational Enterprise (MNE)

Company and international law

State-MNE-civil society relations

MNEs and the creation and convergence of law

‘Effective’ legal systems for investment

Culture, foreign investment and the law

Module B: National regulation of multinational enterprises

Keeping MNEs out, and drawing them in

Legislating over MNEs

Enforcing law against MNEs

Extending liability to MNEs groups and directors

Module C: International regulation and protection of multinational enterprises

Bilateral investment treaties

Multilateral standards for treatment and behaviour of MNEs

Renegotiation and expropriation

Settling disputes between states and MNEs

Module D: Fields of concern for multinational enterprises

Corporate governance, accounting and disclosure

Taxation and transfer pricing

Technology transfer and intellectual property rights

Labour standards and human rights

Corruption

Sequence:
The modules must be attempted in order.

Textbooks:
Peter T. Muchlinski, Multinational Enterprises and the Law (Oxford: Blackwell, 1999),
ISBN: 9780631216766

Philippe Legrain, Open World: The Truth about Globalisation (Chicago: Ivan R. Dee, 2004),
ISBN: 9781566635479

Private international law in international commercial litigation

Private international law in international commercial litigation

Note: This course does not cover family law or the law of succession.

Module A: Introduction to private international law in international commercial litigation

History of private international law

The individualist theories of private international law

The state theories of private international law

The economic theories of private international law

Module B: Jurisdiction and competence of courts in private international law

Introduction to the jurisdiction and competence of courts

The Brussels Regulation (No. 44/2001) system

The traditional rules of jurisdiction in England and Wales

The rules and restrictions on jurisdiction in the United States

Insolvency under Regulation (EC) No. 1346/2000

Module C: Applicable law in private international law

Introduction to applicable law

Rome I Regulation and the Rome Convention

Rome II Regulation

Other choice of law rules in England and Wales

The rule for applicable law under the Insolvency Regulation

Choice of law in the United States.

Module D: Recognition and enforcement of judgments in private international law

Introduction and considerations for the enforcement of foreign judgments

The recognition and enforcement of judgments under the Brussels Regulation

Other European regimes

The enforcement of judgments in England and Wales

The approach of the United States to the enforcement of judgments

Sequence:

Module A first.

Textbooks:

Cheshire, North & Fawcett, Private International Law 14th edition (Oxford University Press: Oxford, 2008), ISBN: 978-0199284382

Hay, P., P. J. Borchers and S. C. Symeonides Conflict of laws (St. Paul, MN: Thomson/West, 2010) 5th edition ISBN 9780314911605.

Private law aspects of the law of finance

Module A: Fiduciary liability in finance

The basis of Financial Services Authority (FSA) regulation in the United Kingdom

The nature of fiduciary liability

The significance of fiduciary liability in financial transactions

Liability in relation to conflicts of interest and firm’s profits

FSA conduct of business regulation

Standards of “integrity” in FSA regulation and fiduciary liabilities of “good conscience”

Module B: Stranger liability in finance

The nature of stranger liability

Liability for dishonest assistance in a breach of fiduciary duty

Liability for knowing receipt of property resulting from a breach of fiduciary duty

Attribution of knowledge and dishonesty of traders to financial institutions

Taking objective notions of honesty, knowledge, etc., from FSA regulation

Case law on reasonable commercial behaviour and stranger liability

Module C: Issues in the creation of financial contracts

Case law on mistake in the creation of complex financial contracts

The use of master agreement structures in many financial markets

Conditions and warranties in standard market contracts

Exclusion of liability

Module D: Suitable conduct and unconscionable conduct in financial transactions

Undue influence in financial transactions

Appropriate treatment of clients in forming contracts under FSA Conduct of Business Sourcebook (COBS) regulation

Misrepresentation in financial transactions

Unfair contract terms

Sequence:
The modules can be attempted in any order.

Textbook:
Textbook details TBC.

Regulation and infrastructure of international commercial arbitration

Students wishing to study and be examined in this course are advised to successfully complete 'Regulation and infrastructure of international commercial arbitration' in full before attempting 'Applicable laws and procedures in international commercial arbitration'.

Module A: Regulation and infrastructure of arbitration

Delimitation, definition and juridical nature

Institutional and regulatory infrastructure

Constitution, human rights and arbitration

Arbitration and the courts

Module B: Arbitration agreement

Autonomy, types, and applicable law

Formal and substantive validity

Interpretation of agreements

Drafting arbitration clauses

Module C: Arbitration tribunal

Selection and appointment of arbitrators

Rights and duties of arbitrators

Independence and impartiality of arbitrators

Challenge and removal of arbitrators

Module D: Investment arbitration and specialist arbitration

Arbitration with states and state-owned entities

Arbitration of investment disputes

Specialist and mixed arbitration

Online dispute resolution

Sequence:
Module A first.

Textbook:
Julian D. M. Lew, Loukas A. Mistelis and Stefan Kr

Russian law and legal institutions

Module A: Russian legal system in context

Introduction

Russian legal system in context of comparative legal studies

Legal terminology, legal translation, and Russian Law

Russian legal heritage

Module B: Foundations of Russian law

Jurisprudential foundations of Russian law

Towards a rule of law state

Sources of Russian law

Legal profession (advocates, jurisconsults)

Module C: Administration of Russian legality

The Administration of Russian legality

Ministries of justice

Judicial system

Arbitration

Procuracy

Notariat

Administrative tribunals

Registry for acts of civil stats

Law enforcement agencies

Role of social organisations

Module D: State structure of Russia

Constitutional law and state structure

Presidency

Government

Parliament

Concepts of Russian federalism

Subjects of the Russian federation

Municipal government

Sequence:
Module A first.

Textbooks:
William E. Butler, Russian Law 2nd ed (Oxford: Oxford University Press, 2003),
ISBN: 9780199254002

William E. Butler, Russian Public Law: The Fooundations of a Rule-of-Law State – Legislation and Documents (London: Wildy, Simmonds & Hill, 2005), ISBN: 9781898029724

V.S. Neresiants, The Civilism Manifesto: The National Idea of Russia in the Historical Quest for Equality, Freedom and Justness (London: Wildy, Simmonds & Hill, 2000),
ISBN: 9781898029533

William Burnham, Peter Maggs and Gennady Danilenko, Law and Legal System of the Russian Federation 3rd ed (Huntington, NY: Juris Publishing, 2005), ISBN: 9781578231973

Securities law

Video:

Securities Law by Professor Alastair Hudson - Introduction

Module A: The foundations of securities regulation

The Lamfalussy Process for creating European Community (EC) securities regulation

The EC securities directives

The general EC financial services directives as they apply to securities transactions

Implementation in the United Kingdom

Module B: Prospectus and transparency regulation of securities

The core significance of information in securities regulation

The economic objectives of prospectus and transparency obligations

“Offers of securities to the public”

Prospectus regulation

Transparency obligations regulation

Module C: Liability for misstatements in a prospectus

The duty of disclosure in prospectuses

The common law on obligations to make disclosure in prospectuses

The tort of negligence

Negligence and takeovers

Negligence and sales of securities in the aftermarket

Financial Services and Markets Act 2000, s.90

Fraudulent misrepresentation (the tort of deceit)

Module D: The Listing Rules and the Model Code

The Listing Process

The six Listing Principles

Admission to listing

Maintenance of listing

Discontinuance of listing and censure

Sequence:
Module A must be attempted before section B; section A must be attempted before section
C; section A must be attempted before section D.

Textbooks:
Alastair Hudson, The law of finance (London: Sweet & Maxwell, 2009), ISBN 9780421947306

Extracts from Alastair Hudson, Securities law (London: Sweet & Maxwell, 2008), ISBN 9781847033291

View more Securities Law videos on the LLM YouTube channel

Taxation principles and policy

Module A: Underlying principles, themes and ideals in taxation

Survey of United Kingdom taxes

The nature of tax and the aims of a successful tax system

Principles of direct and indirect taxation

Comparative elements of taxation

Module B: Issues in modern taxation

Tax and economic attitudes

Tax and political attitudes

Statutory interpretation

Tax avoidance

Module C: United Kingdom taxes I: taxes on income

Employment income

Business/trading income

Corporation tax

Countering avoidance in the provision of personal services: the IR35 legislation and debate

Module D: United Kingdom taxes II: additional tax bases

Capital Gains Tax

Inheritance tax and wealth

Taxation of land and property

Value Added Tax

Sequence:
Module A first followed by section B.

Textbooks:

Simon James, Christopher Nobes and Alan Melville, The Economics of Taxation, Principles,
Policy and Practice AND Taxation, Finance Act,
7th updated ed (Financial Times/Prentice Hall;
Coursepack edition 2007), ISBN: 9781405887809

Natalie Lee (ed), Revenue Law: Principles and Practice 28th revised ed (Haywards Heath: Bloomsbury Professional, 2010), ISBN: 9781847665201

Tolley’s Yellow Tax Handbook [current edition] (London: Butterworths), ISBN: 9781405712354

Telecommunications law

Module A: The purpose and experience of telecommunications regulation

Telecommunications law: introduction

Evolution of telecommunications regulation: models of regulation and market structures

Technology: a foundation

Competition, interconnection and pricing: the economic background of telecommunications law

Social policy and regulation: universal service, consumer protection and privacy

Module B: Telecommunications liberalization in Europe

The European Union institutions and sources of law

Competition law: ex ante and ex post, the tools of the regulator

Liberalisation and harmonisation: from opening the market to full competition

The New Framework Overview: the 2002 Directives and regulating for convergence

Authorisation and licensing: of networks and services, spectrum and rights of way

Access and interconnection

Universal service

Telecommunications privacy

Module C: Telecommunications contracts

Access and interconnection agreements: terms and conditions, peering and transit

Mobile agreements

Telecommunications outsourcing contracts

Consumer contracts and protection

Module D: Telecommunications: The International View

United States telecommunications law and regulation

The International Telecommunications Union and World Trade Organization: the international framework from tradition to trade

Submarines and satellites: the international regulation of outer space and underwater cabling

Regulatory issues in developing markets

The Asian experience

Sequence:
Module A first. Module C only after sections A and B.

Textbook:
Ian Walden and John Angel (eds), Telecommunications Law and Regulation 2nd ed (Oxford: Oxford University Press, 2005), ISBN: 9780199274475

United Nations protection of human rights

Students are advised that this course demands some previous knowledge of public international law.

Module A: Mechanisms for human rights protection by United Nations bodies

Historical development of international human rights law

Mechanisms established by UN human rights treaties: general comments by treaty bodies; reporting system and concluding observations; individual complaints; inter-state complaints; visits

Special Procedures established by the UN Commission on Human Rights: country mandates and thematic mandates

Mechanisms under UN Economic and Social Council (ECOSOC) resolution 1235 and ECOSOC resolution 1503

Module B: Substantive rights under United Nations Human Rights Treaties 1

International Covenant on Civil and Political Rights (ICCPR)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Module C: Substantive rights under United Nations Human Rights Treaties 2

International Covenant on Economic, Social and Cultural Rights (ICESCR)

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Module D: Selected United Nations human rights bodies and specialised agencies

United Nations High Commissioner for Human Rights (OHCHR)

International Labour Organization (ILO)

World Health Organization (WHO)

United Nations Educational, Scientific and Cultural Organization (UNESCO)

Sequence:
Module A first.

Textbooks:
Henry J. Steiner, Philip Alston and Ryan Goodman, International Human Rights in Context: Law, Politics, Morals 3rd ed (Oxford: Oxford University Press, 2007), ISBN: 9780199279425

Javaid Rehman, International Human Rights Law: A Practical Approach 2nd ed (London: Longman 2009), ISBN: 9781405811811

Western European legal history

Module A: The Foundation: Roman and Canon law 500-1100

  • The Corpus Juris Civilis and its survival until the eleventh century
  • Roman law outside the Justinianic tradition: Visigothic and Frankish law
  • The Canon law in the West: Canon law collections before Gratian
  • Feudal law and Roman law in Italy
  • The revival of the study of Roman law

Module B: Interactions of Roman and local law: twelfth-sixteenth centuries

  • Gratian and the formation of the learned Canon law
  • The consolidation of Roman law: the Glossators
  • The expansion of Roman law: the Commentators
  • Canon law scholarship, practice and influence
  • Roman law and political thought

Module C: National laws and codification: sixteenth-nineteenth centuries

  • The renaissance of Roman law: humanism in Rome and France
  • The droit écrit and droit coutumier in France
  • Mos italicus and mos gallicus
  • The reception in Germany
  • The Dutch elegant school and the Natural Law movement

Module D: Modern perspectives on the Ius Commune

  • Early Natural law codifications
  • Codification in France and its empire
  • German romanticism: Savigny vs Thibault
  • Pandektenrecht and Mommsen: German codification and scholarly reaction in Roman law
  • Survival and continuity
    • Andorra, San Marino and the Channel Islands
    • Scottish amalgam of feudal and Roman law
    • South African blend of Common law procedure and Roman law substance
World trade law

Module A: World Trade Organization institutions and dispute settlement

From GATT 1947 to the World Trade Organization (WTO). History, objectives and framework

Institutional aspects of the WTO

Dispute settlement: basic principles and panel proceedings

Dispute settlement: appellate review and implementation

Module B: Basic principles of trade in goods

Introduction to GATT 1994. Tariffs and quantitative restrictions

The most favoured nation and national treatment principles

Safeguards

Exceptions to GATT obligations (with special focus on environmental protection)

Module C: Specific regulations of trade in goods

The Antidumping Agreement

The Agreement on Subsidies and Countervailing Duties

The TBT Agreement

The SPS Agreement

Module D: Special World Trade Organization regulations

Trade in services (GATS)

Intellectual property (TRIPS)

Regional trade arrangements

Investment and competition policy

Sequence:
Module A first, followed by section B.

Textbooks:
Mitsuo Matsushita, Thomas J. Schoenbaum and Petros C. Mavroidis, The World Trade
Organization. Law, Practice, and Policy
(Oxford: Oxford University Press, 2003), ISBN: 9780198764724

WTO Secretariat, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations (Cambridge: Cambridge University Press, 1999), ISBN: 9780521785808

Youth justice

Module A: The aetiology of youth crime

The extent and nature of youth crime

Aetiological explanations for youth crime

Theories of childhood

Youth crime prevention

Module B: Historical and theoretical approaches to youth crime

Welfare and punishment in the early history of youth justice policy

The developmental model in the 1980s

Youth justice policy in the 1990s

New Labour, crime and disorder, and managerialism

Module C: The youth justice process

Pre-trial diversion

Sentencing young offenders

Punishment in the community and YOTs

The use of detention

Module D: Current issues in youth justice

Parental responsibility

The media and youth crime

Alternatives to a Youth Justice System

Child victims and restorative justice

Discrimination

Sequence:
Module D last. Students are advised to complete sections A and B before section C.

Textbook:
Julia Fionda, Devils and Angels: Youth, Policy and Crime (Oxford: Hart Publishing, 2005),
ISBN: 9781841133744

Each course is divided into four modules. For most courses, there is some freedom to choose the order in which you study the modules. Students may choose modules from no more than four courses. All syllabuses are subject to confirmation in the Regulations.

Courses

Courses not yet available

Carriage of goods by sea [Revised] (not yet available)

Students are required to attempt the modules in order.  

Module A [Code not yet available]

Contracts of affreightment and voyage charter parties †

  • Owners’ implied obligations: seaworthiness, reasonable despatch and no deviation; consequences for breach under common law; conditions, warranties, innominate terms; representations (descriptions of ship, date of arrival, cancelling).
  • Charterers’ obligations: nomination of safe port, notification of owners of dangerous cargo.
  • Voyage Charter parties: Owners’ obligation as to the ship, readiness to load and cancelling clauses; Charterers’ duty to load a full and complete cargo; Loading and discharging; Laytime and demurrage; Freight, lien and cesser clauses.

Module B [Code not yet available]

Sequence: module A must be attempted before module B

Time charter parties †

  • Nature; description of ship, delivery date and cancelling clause; charter period; early or late redelivery; remedies arising from early or late delivery; payment of hire; off-hire; deductions from hire; withdrawal of ship for no punctual payment; employment and indemnity clause; owners' liens on freight or sub-freight.

Module C [Code not yet available]

Sequence: modules A and B must be attempted before module C

The bill of lading contract and functions †

  • The bill of lading as a contract; incorporation of charter party terms; identity of carrier; the bill of lading and third parties.
  • The bill of lading as a receipt; representations as to quantity, condition and identity (leading marks) of cargo; common law and statutory estoppel.
  • The bill of lading as a document of title and the Carriage of Goods by Sea Act 1992.
  • Legal functions of other types of transport document: seaway bills, ship’s delivery orders and multimodal transport documents.

Module D [Code not yet available]

Sequence: modules A, B and C must be attempted before module D

International conventions regulating the rights and obligations of the parties to the bill of lading contract †

  • The Hague and Hague-Visby Rules; the Hamburg Rules; the Rotterdam Rules; genesis of the Rules and comparison. When do these rules apply? Excluded cases; period covered; no contracting out; the carrier’s duties; the carrier’s defences; responsibilities of cargo owner or shipper. Freight.
  • Time limit for making a claim; limitation of liability.

Textbook details still to be confirmed:

John F. Wilson, Carriage of Goods by Sea 7th ed (London: Longman, 2010), ISBN: 978140218938

Martin Dockray, Cases and Materials on the Carriage of Goods by Sea 3rd revised edition (London: Routledge-Cavendish, 2004), ISBN: 9781408218938

Franchising law (not yet available)

Module A: Franchising as a legal concept

The business of franchising

The structure of franchise arrangements

The franchise contract

Financial arrangements

Taxation

Module B: Protecting the elements of a franchise

Intellectual property rights and franchising

The name of the business (trade marks, trade names, passing off)

Business methods (patents, trade secrets)

The franchise livery (copyright, designs, passing off)

Character merchandising

Licensing

Module C: Consumer protection and the regulation of unfair practices

False, misleading and deceptive advertising

Misrepresentation

Pyramid sales, prize promotions and other unfair trade practices

Competition regulation (United Kingdom and European Union law)

Module D: International franchising

Legal issues

International franchise documentation

International tax issues

Sequence:
Module A first.

Textbooks:
Martin Mendelsohn, Guide to Franchising 7th edition (Thomson: London, 2004), ISBN: 1844801624.

John Stanworth and Frank Hoy (eds), Franchising: An International Perspective (Routledge: London, 2002), ISBN: 0415284198.

International law of armed conflict and use of force (not yet available)

Module A: Introduction to the law of armed conflict and the use of force

The relationship between jus ad bellum and jus in bello in international relations

Over-view of pre-UN Charter law on use of force

The concept of just and unjust wars

First legal limitations on the use of force

The Hague peace conferences (1899-1907)

The League of Nations Covenant

The Kellogg-Briand Pact of 1928

UN Charter terminology: use of force, aggression, armed attack

Module B: The content of the principle of non-use of force

UN Charter Article 2 (4) and the prohibition of force

Use of force in self-defence

UN Article 51 and customary law on self-defence

Collective self-defence and collective security

Use of force to protect nationals abroad

The concept of intervention, including humanitarian intervention

Terrorism, non-state groups and the use of force

Collective security

Peace-keeping by the United Nations and regional organisations

Module C: History, terminology and scope of humanitarian law

Sources of the law

International humanitarian law and other areas of international law

Concept of war; non-international armed conflicts

Combatants and prisoners of war

Treatment of combatants

Civilians and targets

Methods and means of warfare

Nuclear weapons

Module D: Other aspects of armed conflict and methods of enforcement

The law of neutrality

Belligerent occupation

Occupied territories in the Middle East

Naval warfare

Enforcement and implementation

War, crimes against humanity, and universal jurisdiction

Belligerent reprisals

National courts, the International Criminal Court and the enforcement of humanitarian law

Other means of enforcement of humanitarian law: the International Fact Finding Commission / state responsibility

Sequence:
Module A first, Module D last.

Textbooks:
Christine Gray, International Law and the Use of Force 3rd ed (Oxford: Oxford
University Press, 2008), ISBN: 9780199239153

Yoram Dinstein, The Conduct of Hostilities Under the Law of International Armed Conflict
(Cambridge: Cambridge University Press, 2004), ISBN: 9780521542272

Adam Roberts and Richard Guelff, Documents on the Laws of War 3rd ed (Oxford: Oxford University Press 2000), ISBN: 9780198763901

International trade law [Revised] (not yet available)

Students are required to attempt the modules in order. 

Module A [Code not yet available]

Export sales on English law terms †

  • Nature of FOB and CIF contracts
  • Formation of contracts of sale
  • Contractual arrangements for transportation of the goods
  • The seller’s obligations as regards the goods
  • Delivery of the goods
  • Responsibility for loading and discharge operations
  • Passing of property
  • Passing of risk

Module B [Code not yet available]

Sequence: module A must be attempted before module B

Payment methods, documentary aspect of export sales †

  • Payment methods and opening of letters of credit
  • The seller’s obligation to tender complying shipping documents for payment
  • Legal functions of shipping documents
  • Discharge of the sale contract: Frustration and force majeure
  • Discharge of the sale contract: Breach of the sale contract and remedies

Module C [Code not yet available]

Sequence: modules A and B must be attempted before module C

Bankers’ letters of credit †

  • The contract between beneficiary and issuer/confirmer of documentary credit
  • Strictness of documentary compliance and autonomy
  • Fraud and forgery
  • Stand-by letters of credit and first demand guarantees

Module D [Code not yet available]

Sequence: Section A, B and C must be attempted before module D

United Nations Sale Convention 1980 (CISG) †

  • Scope and application of the Convention
  • General principles of uniformity in the Convention
  • Buyer’s and seller’s duties

Avoidance, exemption and remedies for breach

Textbooks still to be confirmed.

Michael Bridge The international sale of goods. (Oxford: Oxford University Press, 2013) third edition [ISBN 9780199658251]

Paul Todd, Cases and Materials on International Trade Law (London: Thomson–Sweet & Maxwell, 2003), ISBN: 9780421827103

For Module B of the course only:
John F. Wilson, Carriage of Goods by Sea 7th ed (London: Longman, 2010),
ISBN: 978140821893

Law of international finance: securitisation and bonds (not yet available)

You are advised to take 'Law of international finance: syndicated loans' prior to, or concurrent
with, 'Law of international finance: securitisation and bonds', although this is not a requirement.

Module A: Securitisation: structure

What is securitisation and why has it caused so many problems?

Why use securitisation?

Some models

The special purpose vehicle: its role and its relationship to the originator

Distinguish from other transactions: syndicated loan, secured loan, factoring

The crisis: what went wrong with securitisation and the legal controls?

True sale: the sale of assets to the special purpose vehicle

Module B: Securitisation: risks

Recharacterisation risks: danger of transaction being recharacterised as, for example, a loan, including discussion of legal problems arising from the originator servicing the assets

Insolvency risk: can the assets be clawed back if the originator goes into liquidation?

Liquidity support and credit enhancement

Trustees

Regulation

Choice of law issues

Module C: Bonds

Types of bonds

Bond issuance and liabilities arising at this stage, including listing process

The parties: issuer, guarantor and managers, underwriting and selling groups, paying agents, agent bank

Trading: the clearing system and the question of negotiability

Module D: Terms of the bond, trustee, servicer and special servicer

Terms of the bond and the trust deed

Bond trustee’s role

Servicer and special servicer

Sequence:
Module A, followed by section B, followed by section C, followed by section D OR section C, followed by section D, followed by section A, followed by section B.

Textbooks:
Textbook details TBC.

Law of international finance: syndicated loans (not yet available)

You are advised to take 'Law of international finance: syndicated loans' prior to, or concurrent
with, 'Law of international finance: securitisation and bonds', although this is not a requirement.

Module A: Capital markets

Capital markets, loans, bond issues, euro currency loans and eurobonds, risk

The nature of the contract and its objectives

Terms of the contract: fixed and variable interest, repayment and early payment

Conditions precedent

Representations and warranties

Module B: Financial covenants, negative pledge and remedies

Financial covenants and information undertakings

Negative pledge: objectives, types, problems

Remedies: events of default terms relating to remedies, remedies at common law

Module C: Syndicate management

The loan arrangement process, including the Information Memorandum

The arranger and its role, liability and protections

The agent bank: role, liability and protections

Syndicate management provisions, including sharing and set off clauses

Module D: Choice of law and loan transfers

Choices of law and forum

Loan transfers: novation, assignment, transfer by way of trust, sub-participation

Regulatory provisions relating to loan transfers

Sequence:
The modules must be attempted in order.

Textbooks:
Textbook details TBC.

Legislation and statutory interpretation (not yet available)

Module A: Introduction to Legislation

Legislation as a tool for regulation
Nature and types of legislation
Geographical extent of legislation
Temporal extent of legislation
Supranational legislation

Module B: Making Legislation

Policy process
Legislative process
Drafting process
Legislative impact assessment

Module C: Statutory Interpretation

Interpretation of legislation
Literal rule
Purposive rule
Presumptions and maxims of interpretation

Module D: Tests for Quality of Legislation

Rule of law test
Human rights and constitutionality test
Procedural tests
Good law test
Functionality test – effectiveness

Sequence: Module A must be attempted before Module B

Textbook:

Helen Xanthaki, Thornton’s Legislative Drafting 5th rev. ed. (Bloomsbury Professional, 2013), ISBN: 978-1780432090

Notes

  • Some of the courses currently listed as unavailable are likely to be launching within the next 18 months. Please note, however, that the University can never guarantee the launch date of forthcoming courses. Authoritative information on which courses are available is given in the Regulations for the Programme and in a Regulations Supplement which may be published around July each year.
  • While the University provides substantial study materials, please note that it does not offer interactive teaching of any kind for this programme.
Study materials

How you study

While the University provides substantial study materials (print and web-based) to improve and aid your study experience, please note that it does not offer interactive teaching of any kind for this programme. The programme is self-taught and you can study when you choose. Study materials include:

  • A comprehensive Skills Guide.
  • Textbook(s) provided for each Course and Readers for most modules to direct your reading.
  • Study guides especially written and edited for distance learning purposes, usually by the author of the textbook which will be provided. These offer clear learning outcomes, key skills and self-assessment questions throughout. Sample chapters from study guides are available.
  • Postgraduate Laws Student Handbook containing information about libraries and bookshops and websites.
  • Regulations containing important information, such as details of the courses and specialisations available, syllabuses and assessment.

You also have access to an online student portal containing:

  • Extensive online library resources.
  • More than 10 legal databases including Lexis/Nexis® and Westlaw®.
  • Dedicated discussion forums for each module - you'll encounter all kinds of people with perspectives from many different areas of the globe, including the legal professions, discover new ways of studying and no doubt make new friends.

We also provide all students with a student registration card.

How much time will I need?

It is up to you how you schedule your studies, depending on your work and personal commitments as well as your study situation and study style. However, it is recommended that you will need to dedicate a total of around 115 hours for each module you study – which means it will take about 1,840 hours in total to complete the full Master of Laws (LLM). Regular, probably daily, study and a place which helps you to concentrate are the keys.

Computer access

You will be required to access the internet to find some assigned reading online. You will also need to check the portal to ensure you have any new or updated study materials. Plus you may want to get in touch with other students, to share experiences and support.

Advisers

Certain organisations have been appointed as Advisers [pdf: 6pgs, 66KB] to the University of London International Programmes with respect to its Postgraduate Laws students.

Please note: The University does not comment on or guarantee the services or financial stability of any Adviser. There is no collaboration, franchising, twinning, validation, accreditation, recommendation, endorsement or any similar relationship between any Adviser and the University.

Study Guides (sample chapters)

Students on the Postgraduate Laws programme receive all their essential textbooks and readings, along with the Study Guide for each course. To give you an idea of what Study Guides are like, here is a sample of chapters from real Guides. The full Study Guides are much longer, of course.

Applicable laws and procedures in international commercial arbitration (Module C, Chapter 3) 11pgs, 155KB
Commercial trusts law (Module B, Chapter 1) 14pgs, 163KB
Comparative criminal justice policy (Module C, Chapter 3) 14pgs, 157KB
Constitutional and institutional law of the European Union (Module D, Chapter 2) 13pgs, 153KB
Corporate finance and management issues in company law (Module C, Chapter 2) 28pgs, 302KB
European Union competition law (Module B, Chapter 4) 22pgs, 127KB
Foundation and constiutional laws in company law (Module D, Chapter 3) 21pgs, 693KB
Human rights of women (Module D, Chapter 3) 14pgs, 161KB
Intellectual property and medicine (Module A, Chapter 4) 20pgs, 198KB
Intellectual property and sport (Module C, Chapter 3) 12pgs, 216KB
Intellectual property on the Internet (Module A, Chapter 5) 24pgs, 190KB
International and comparative bank regulation (Module A, Chapter 2) 20pgs, 173KB
International and comparative law of patents (Module D, Chapter 5) 8pgs, 539KB
International economic law (Module A, Chapter 3) 17pgs, 193KB
International investment law (Module D, Chapter 2) 20pgs, 120KB
International rights of the child (Module C, Chapter 3) 13pgs, 128KB
Law and policy of international courts and tribunals (Module B, Chapter 3) 21pgs, 185KB
Law of financial crime (Module B, Chapter 2) 20pgs, 222KB
Law of treaties (Module A, Chapter 2) 15pgs, 126KB
Multinational enterprises and the law (Module A, Chapter 3) 12pgs, 293KB
Regulation and infrastructure of international commercial arbitration (Module D, Chapter 3) 18pgs, 190KB
UN protection of human rights (Module A, Chapter 2) 18pgs, 196KB
Western European legal history (Module B, Chapter 2) 12pgs, 120KB

 

Fees

Fees

The fees below refer to the 2014 and 2015 sessions. The 2014 fees are valid from  1 January 2014. The 2015 fees are valid from 1 January 2015. Fees are subject to annual review. 

20142015
Registration fee£ 825£ 860
Fee per module£ 455£ 472
Total LLM£ 8,105£ 8,412
Total PG Diploma£ 5,375£ 5,580
Total PG Certificate£ 3,100£ 3,220
Total Individual Modules taken on a stand-alone basis £ 495£ 515
Additional fees payable to the University (where applicable)20142015
Accreditation of prior learning application fee (per module)£ 72£ 80
Examination resit fee (per module)£ 57£ 60
Fee for changing module£ 142£ 150
ConvertGBP x 1

Disclaimer: the currency conversion tool is provided to you for convenience only and does not constitute an endorsement or approval by the University of London; the exchange rates are provided dynamically via a third-party source, consequently, the University of London International Programmes is not responsible for their accuracy.

When to pay

Fees may be paid in one of two ways:

Either, pay the total fee on registration by making a single payment. This covers the registration fee and all module fees;

Or, if you prefer to spread out your payments, pay the registration fee plus the fee for each module you want to take in the first year, and then in subsequent years pay the fee for each new module you take.

You may register and pay fees for modules throughout the year, but must register for modules by 15 April to take the exams in October, or by 10 November to take exams the following May.

How to pay

All University fees must be paid in pounds sterling (GBP). The University accepts:

  • Western Union - Quick Pay.
  • Credit/debit card (Visa, MasterCard, Maestro, Electron, JCB).
  • Sterling banker's draft/cheque.
  • International money/postal order.

Further details are given in payment methods.

Other costs

In addition to the fees payable to the University, you should also budget for:

  • the fee charged by your local examination centre to cover its costs each time that you take an examination this fee will vary
  • the cost of any local educational support
  • a fee for the production of official transcripts.

Notes

  • The University reserves the right to amend previously announced fees, if necessary. For a full list fees that may be applicable, please see the fee schedule.
  • While the University provides substantial study materials, please note that it does not offer interactive teaching of any kind for this programme.
Assessment

Assessment

Each course is divided into four modules (A, B, C and D), with the exception of one course which is divided into two double modules (double modules count as two modules). Each module will be assessed by a 45-minute unseen written examination, each double module by a 90-minute unseen written paper. There are no oral exams and no dissertations.

Examination sessions are held twice a year, in May and October. That means you can manage and spread your study and assessment load. You do not have to sit exams at every session. You can skip exam sessions, but remember you must finish within your five year period of registration.

You do not have to come to London to take your examinations. Examinations are held in local overseas centres around the world as well as in London. Examinations overseas are arranged mainly through Ministries of Education or the British Council. You will be charged a fee by your local examination centre (this fee will vary). Please see the Assessment and examinations module of our website for important information on exams. All exams are set and marked in London by the Board of Examiners.

Notes

  • Under certain circumstances you will have the opportunity to make a second attempt at an exam for a module.
  • While the University provides substantial study materials, please note that it does not offer interactive teaching of any kind for this programme.

Classification

The Master of Laws (LLM), Postgraduate Diploma in Laws and Postgraduate Certificate in Laws are awarded without classification. At the discretion of the Board of Examiners a mark of Merit or Distinction may be awarded. A student who obtains an average mark for all assessment in the range 60-69% will normally be awarded the relevant award with Merit. A student who obtains an average mark for all assessment of 70% or more will be awarded the relevant award with Distinction. A mark of Merit or Distinction shall not normally be awarded to a student who has failed any module.

Master of Laws (LLM) degree

To be considered for the award a student must have:

  • attempted the examinations for four complete courses, composing of a total of sixteen modules (or the equivalent where double modules are attempted) and
  • obtained an overall average mark of at least 50% in each of those four courses and
  • achieved, within each course, a minimum mark of 50% in three modules and no less than 40% in any one module. In all cases, where a student attempts a double module a minimum of 50% must be achieved in that double module.

Postgraduate Diploma in Laws

To be considered for the award a student must have:

  • obtained an overall average mark of at least 50% over those ten modules and
  • obtained an overall average mark of at least 50% in each course which is completed in full (i.e. all four modules are attempted) and
  • achieved, within each course, a minimum mark of 40% in one single module and at least 50% in all other single modules attempted. In all cases, where a student attempts a double module a minimum of 50% must be achieved in that double module.

Postgraduate Certificate in Laws

To be considered for the award a student must have:

  • attempted the examinations for a total of five modules (or the equivalent where double modules are attempted) and
  • obtained an overall average mark of at least 50% over those five modules and
  • obtained an overall average mark of at least 50% in each course which is completed in full (i.e. all four modules are attempted) and
  • achieved, within each course, a minimum mark of 40% in one single module and at least 50% in all other single modules attempted. In all cases, where a student attempts a double module a minimum of 50% must be achieved in that double module.
Requirements

Academic Requirements

Access is a key principle for all distance study programmes offered through the University of London International Programmes, and Postgraduate Laws is no exception. The programme offers the opportunity to gain the same prestigious qualification awarded to students enrolled with one of the University's Colleges but without coming to London. It is open to a wide range of students and assessed to the same high standard as a programme within one of the University's Colleges. There are no requirements for you to come to London, so no relocation or travel costs and you can continue working full time. In addition, any number of students can join this programme, so if you meet our entrance requirements you will be offered a place.

In order to be eligible to register for the LLM degree, Postgraduate Diploma in Laws or Postgraduate Certificate in Laws, you must satisfy the entrance requirements given below:

Master of Laws (LLM)

Applicants are required to have at least one of the following:

  • LLB degree from the University of London with at least second class honours (candidate’s who obtained the LLB Pass degree before 1969 may make a special application).
  • An undergraduate degree (e.g. LLB) which is considered at least comparable to a UK second class honours degree, from an institution acceptable to the University, in a subject appropriate to the LLM.
  • Masters degree from an institution acceptable to the University, in a subject appropriate to the LLM.
  • Passed the Bar Vocational Course (BVC) of England and Wales or the Qualifying Examination of the Solicitors Regulation Authority of England or the corresponding examinations in Scotland or Northern Ireland, where in either case the student has also obtained an undergraduate degree which is considered at least comparable to a UK second class honours degree from an institution acceptable to the University.
  • Obtained either the Common Professional Examination or an acceptable Graduate Diploma in Law where in either case the student has also obtained an undergraduate degree which is considered at least comparable to a UK second class honours degree from an institution acceptable to the University.
  • Qualified as a solicitor or barrister in England or Wales, or the equivalent outside England or Wales.
  • Postgraduate Diploma in Law from the University of London.

In these admission criteria a degree ‘in a subject appropriate to the LLM’ means a first degree which is considered by the University to have substantial law content.

Postgraduate Diploma

Applicants are required to have at least one of the following:

  • An undergraduate degree from the University of London with at least second class honours.
  • An undergraduate degree (e.g. bachelor) which is considered at least comparable to a UK second class honours degree, from an institution acceptable to the University.
  •  Masters degree from an institution acceptable to the University.
  • Postgraduate Certificate in Law from the University of London.

Postgraduate Certificate

Applicants are required to have at least one of the following:

  • A degree from the University of London.
  • A degree from an institution acceptable to the University.
  • At least five years relevant work experience, such as accounting, banking, finance or insurance.

In exceptional circumstances, an applicant who does not satisfy the above requirements may be permitted to register for the LLM degree, Postgraduate Diploma in Laws or the Postgraduate Certificate in Laws if the University is satisfied that their background, experience and professional qualifications (if any) are sufficient.

Language requirement

You will meet the English language requirement if you have passed any of the following within the past three years:

  • (IELTS) International English Language Testing System when an overall score of at least 6.5 is achieved with a minimum of 6.0 in the Written sub-test
  • Pearson Test of English (Academic) score of 59 or above, with at least 59 in both Reading and Writing elements and at least 54 in Speaking and Listening elements
  • Cambridge Certificate of Proficiency in English
  • Cambridge Certificate of Advanced English, provided grade C or above is achieved
  • (TOEFL) iBT Test of English as a Foreign Language overall score of 92 or above with at least 22 in both Reading and Writing Skills sub-tests and at least 20 in both Speaking and Listening sub-tests provided that the examination was taken before 29 May 2014. 

Please note we are unable to accept (TOEFL) iBT Test of English as a Foreign Language results if you have taken the examination after the 29 May 2014.

Alternatively an applicant may be considered for admission to the LLM, Postgraduate Diploma in Laws or Postgraduate Certificate in Laws if they submit evidence of:

  • Substantial education (minimum of eighteen months) conducted and assessed in English; or
  • Substantial work experience (minimum of eighteen months) conducted in English.

Where an applicant does not meet the required English language level but believes they can demonstrate the required level for admission the University may, at its discretion, consider the application.

Computer requirements

Internet access

All students are required to have regular internet access, allowing them to access the following resources:

  • The Student Portal.
  • University of London email address.
  • Details of their student records.
  • Programme resources on the eCampus (VLE) (as applicable).
  • Programme resources on the University of London International Programmes website.
  • The Programme Specification and Regulations for their programme of study.
  • The University Regulations and the University of London International Programmes Student Charter.

If a student can justifiably demonstrate that they do not have regular access to the internet to access the required resources, then in these circumstances, a student may formally contact the Programme Director to request for alternative special arrangements to be made.

Note

  • While the University provides substantial study materials, please note that it does not offer interactive teaching of any kind for this programme.
Leaders

Academic Direction - Postgraduate Law

Renowned for excellence in legal education, the University of London is both one of the largest and most respected institutions in the world. When you join the Postgraduate Laws programme as a student of the University of London International Programmes, you'll be joining an international community of high academic achievers whose affiliation with the University truly sets them apart.

Although this programme is offered through the University of London International Programmes, the academic management of the Master of Laws (LLM) is provided jointly by the Departments of Law of Queen Mary (QMUL) and UCL [external links]. Teachers from the University of London Law Schools plan the structure and content of the programme, develop and write study materials, set the examination papers and mark scripts.

Both QMUL and UCL have 5-star rated Departments of Law.

The Director of the Postgraduate Laws programme is Dr. James J. Busuttil. He has been Associate Professor of International Law and Organisation at the Institute of Social Studies in The Hague, the Netherlands, Director of the British Institute of Human Rights in London, Lecturer in Law at the University of Essex, and a practising lawyer in New York City and Washington, DC. He is Co-Rapporteur of the International Law Association’s Committee on Islamic Law and International Law. Dr Busuttil holds a D.Phil. from the University of Oxford, a J.D. from New York University School of Law and a B.A. from Harvard University.

Study with a College in London

The University of London Master of Laws (LLM) can either be studied in your home country through the University of London International Programmes, following the self-study programme described in these web pages, or in London at one of six Colleges of the University. The six Colleges are Birkbeck, King’s College London, LSE, Queen Mary, the School of Oriental and African Studies (SOAS) and UCL.

If you would prefer to come to London and study as a conventional student of the University, you should contact the individual Colleges themselves for full details of their programmes, as information will differ to that given within these web pages. In brief, though, you would register as a student of the respective College, rather than as a student of the University of London International Programmes.

Whichever mode of study or programme you choose, you can be assured that if you are successful you will receive a University of London degree of the same standard.

Note

  • While the University provides substantial study materials, please note that it does not offer interactive teaching of any kind for this programme.

Apply online

Please note that choice of specialisation is not required at application stage.

Find out more about the LLM study experience:

Join our LLM Facebook page
Follow us on Twitter
See our YouTube channel

LLM Scholarships for South Africa:

See Canon Collins Trust for more information and how to apply.

LLM graduate Simon Lee Profile on: Simon Lee
For Hong Kong based journalist Simon Lee, gaining new perspectives on international issues was just one of the benefits of taking an LLM degree

Alumni Inspiration: Deborah Regal, LLM, UK

Deborah Regal studied for her Master of Laws via distance learning. She speaks about how the Masters has boosted her career in finance.

Introduction to the Postgraduate Laws programme

Dr James Busuttil, Director of the Postgraduate Laws programme, provides an overview of the University of London LLM available by distance learning.