LLM - Postgraduate Laws (LLM, Postgraduate Diploma and Postgraduate Certificate)

Specialisations

Postgraduate Laws

Specialisation: Banking and finance law

Specialisation: Commercial and corporate law

Specialisation: Common law

Specialisation: Comparative and foreign law

Specialisation: Competition law

Specialisation: Computer and communications law

Specialisation: Corporate and securities law

Specialisation: Criminology and criminal justice

Specialisation: Economic regulation

Specialisation: Environmental and natural resources law

Specialisation: Equity and trusts

Specialisation: European law

Specialisation: Family law

Specialisation: Financial services law

Specialisation: Human rights law

Specialisation: Insurance law

Specialisation: Intellectual property law

Specialisation: International business law

Specialisation: International criminal justice

Specialisation: International dispute resolution

Specialisation: International intellectual property law

Specialisation: International justice

Specialisation: Law and development

Specialisation: Legal theory and history

Specialisation: Maritime law

Specialisation: Media Law

Specialisation: Medicine and the law

Specialisation: Procedural law

Specialisation: Public international law

Specialisation: Public law

Specialisation: Sports law

Specialisation: Tax law

Courses currently offered

Admiralty law

Section 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

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

Ownership, management and potential liabilities

Ship mortgages

Shipbuilding

Ship sale and purchase

Section 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

Section 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:
Section C before Section 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'.

Section A: Applicable law issues in arbitration

Determination of applicable law

Applicable substantive law

Transnational rules, lex mercatoria and trade usages

Section B: Procedure and evidence in arbitration

Law governing the arbitration procedure

Commencement of arbitration; terms of reference / procedural directions

Procedural issues

Taking evidence

Section C: Jurisdictional issues in arbitration

Arbitrability

Determination of jurisdiction

Provisional measures

Multi-party and multi-contract disputes

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

Form and content

Finality and challenges to award

Recognition and enforcement

Sequence:
Section A first.

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

Carriage of goods by sea

Section A: 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, loading of full and complete, non-dangerous cargo)

Laytime and demurrage; freight.

Section B: Time charter parties

Nature; description of ship, delivery date and cancelling clause; charter period; early or late redelivery; 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.

Section 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

Section 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; 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

Sequence:
The sections must be attempted in order.

Textbooks:
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

Commercial banking law: bank customer relationship

Section 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

Section 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

Section 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

Section 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 sections 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

Section 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

Section 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

Section 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

Section 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:
Section 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

Section A: Methods of comparative research

Finding data

Measuring crime

Comparing statistics

Comparing policies

Section B: Legal cultures and criminal justice policy

Common law

Civil law

Socialist law

Islamic law

Section C: Aspects of comparative criminal policy

Policing and prosecution

Trials and sentencing

Use of imprisonment

Probation and community punishment

Section D: Global crime

Controlling transnational crime

War crimes

Terrorism

International law and crime

Sequence:
The sections 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

Section 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

Section B: Sources of European Union law

Treaties

Secondary legislation: Regulations, Directives

Law-making procedures

Direct effect

Supremacy

Agreements with third countries

Section 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

Section D: General principles of European Union law

Human rights

Citizenship

Rule of law

Discrimination

Proportionality

Sequence:
The sections 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.

Section A: Capital I

Introduction

Capital

Class rights

Section B: Capital II

Raising capital: Shares

Raising capital: Debentures

Section C: Corporate Management I

The management of the company

Directors' duties

Liquidation (in outline only)

Section D: Corporate Management II

Management theory

Corporate governance

Sequence:
Section 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

Equity and trusts in context

Section 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

Section B: Trusts implied by law

Resulting trusts

Constructive trusts (i)

Constructive trusts (ii)

Constructive trusts (iii)

Section C: Breach of trust and equitable remedies

Trustees’ liability for breach of trust

Tracing

Personal liability to account as a constructive trustee

Equitable remedies

Section 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 sections can be completed in any order, but students without a firm understanding of the foundations of trust law are advised to take section 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 Community competition law

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.

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

Section A: Anti-competitive agreements and collusion

Article 81 EC - General principles

Vertical agreements

Licensing of intellectual property rights

Cartels

Horizontal cooperation agreements

Section B: Abuse of a dominant position

Article 82 - General principles

Dominance

Abuse

Section C: Merger control

Regulation 139/2004 - General principles and jurisdiction

Regulation 139/2004 - Substantive analysis

Joint ventures

Section D: European Community competition law practice and procedure

Regulation 1/2003
Enforcement of Articles 81 and 82 in national courts

Sequence:
Section A first.

Textbook:
Alison Jones and Brenda Sufrin, EU Competition Law: Text, Cases & Materials, 4th ed (Oxford: OUP, 2010), ISBN 9780199572731

European Convention on Human Rights

Section 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

Section 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

Section 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

Section 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:
Section A must be attempted before section B; sections A and B must be attempted before section C; section A and B must be attempted before section 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

Section 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

Section 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

Section 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

Section 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:
Section A, followed by Section 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.

Section A: Constitutional foundations

European Union and European Community legal order

International legal personality

Express competence

Implied competence

Section 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

Section 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

Section 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:
Section 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.

Section A: Company law foundational issues I

Introduction

Corporate theory

The types and functions of companies

Section B: Company law foundational issues II

Company formation, promoters and pre-incorporation contracts

Corporate personality and limited liability

Lifting the veil of incorporation

Section C: Company law constitutional issues I

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

The articles of association and shareholders agreements

Section D: Company law constitutional issues II

Majority rule

Minority protection

Sequence:
Section 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

Section 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?

Section 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.

Section 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.

Section 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 sections in order but may, if they wish, attempt sections in the following order:
Section C, section A, section B and section D or
Section C, section D, section A and section 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

Section 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.

Section 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.

Section 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.

Section 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:
Section 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)

Section A: Elements of insurance

Definition: what is an insurance contract?

Regulation of insurers

Intermediaries: agents, brokers

Section B: Insurance contract formation

Duty of disclosure and misrepresentation; remedies for breach

Formation of the contract including: offer, acceptance, premiums

Section 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

Section 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:
Section A first, Section 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

Section 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

Section 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

Section 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

Section 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 sections must be attempted in order.

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

Intellectual property and sport

Section 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

Section 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

Section 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

Section D: Special topics in sports

Broadcasting rights

Ticketing restrictions

Advertising laws and sports branding

Counterfeiting and merchandising

Sequence:
The sections 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

Section 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

Section 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

Section C: Domain names

· Introduction to the mechanics of the domain name system

· Cybersquatting

· Recent developments concerning domain names and intellectual property

· Dispute resolution

Section D: Computer-related patents

· Business methods patents

· Software patents

· Prior art effect

· Enforcement of rights

Sequence: The sections 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

Section 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)?

Section 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

Section C: European Union regulation and who should regulate banks

EU banking regulation law

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

Section D: United Kingdom bank regulation law

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

Financial Services Authority: structure, accountability, objectives and practice

Sequence:

The sections 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

Section 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)

Section 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?

Section 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

Section D: Competition and trade policy

Aims and objectives

Similarities and differences

World Trade Organization

Sequence:
Section 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

Section 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

Section 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

Section 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

Section 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 section A or section B first, but both section A and section B must be attempted before section C or section D.

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

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

Section 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

Section 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

Section 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

Section 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 sections 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

Section 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

Section 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.

Section 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.

Section 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:
Section A first, Section 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.

Section 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

Section 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

Section 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

Section 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:
Section 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 economic law

Section 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

Section 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

Section 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

Section 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:
Section 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

Section 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

Section B: General aspects of international environmental
law 2

State responsibility for environmental damage

Civil liability regimes

Environmental dispute resolution

Human right and the environment

Section 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

Section 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:
Section 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

Section 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

Section 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

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

Origins of BITs

The content of BITs

Significance of BITs

Regional treaties: NAFTA

Section 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:
Section A first, followed by Section 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

Section 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

Section 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

Section 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

Section 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:
Section 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

Section A: Introduction to merger control

Concepts and ideas

Economic analysis and market definition

The regulation of merger operations

Multinational enterprises and their concerns

Section B: Merger control regimes 1

European Community merger control

European Economic Area merger control

United States merger control

Section C: Merger control regimes 2

United Kingdom merger control

Merger control in Germany

Merger control in Canada

Australian merger control

Section D: Unilateral, bilateral and multilateral merger control strategies

Unilateral strategy: the doctrine of extraterritoriality

Bilateral strategy

Multilateral strategy

International organisations and bodies.

Sequence:
Section A first.

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

International refugee law

Students should have some previous knowledge of public international law.

Section 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

Section 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

Section C: The rights of refugees

Standards of treatment

Durable solutions to refugee problems

Selected substantive rights of refugees under the 1951 Refugee Convention:

International rights of the child

Section 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

Section 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

Section 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

Section 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 sections can be attempted in any order.

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

International trade law

Section A: Export sales on English law terms

FOB contracts

CIF contracts

Passing of property and transfer of risk

Remedies of buyer and seller

Section B: Carriage of goods by sea in international trade law

The shipping background and electronic developments

The carrier’s duties

The carrier’s limitations

Transfer of contractual rights and duties under the contract of carriage

Section 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

Section 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

Sequence:
The sections must be attempted in order.

Textbooks:
Michael Bridge, The International Sale of Goods: Law and Practice 2nd ed (Oxford: Oxford
University Press, 2007), ISBN: 9780199273584

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

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

Jurisprudence

Note: This course is compulsory for undergraduate Schemes only.

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.

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

Section 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

Section 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

Section 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

Section 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 Section 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']

Section 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

Section 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

Section 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

Section 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:
Section A, B and C must be completed before Section 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

Section 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

Section 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)

Section C: Legal aspects of the working of treaties

Interpretation of treaties

Conflict of treaties

Revision, amendment and modification of treaties

Succession to treaty obligations

Section 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:
Section 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

Marine insurance law

Section 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

Section 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

Section 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)

Section 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 sections 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

Section A: Basic concepts in medical law

Bioethics

Consent

Capacity

Confidentiality

Section B: Access to treatment and malpractice litigation

Resource allocation

Malpractice litigation

Product liability and the regulation of medicines

Liability for occurrences before birth

Section C: Legal and ethical issues in medical practice

Mental health law

Clinical research

Organ transplantation

End of life decisions

Section D: Legal and ethical issues in reproduction

Abortion

Embryo and stem cell research

Assisted conception

Surrogacy.

Sequence:
Section A first, Section D last.

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

Multinational enterprises and the law

Section 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

Section 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

Section 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

Section 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 sections 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

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'.

Section A: Regulation and infrastructure of arbitration

Delimitation, definition and juridical nature

Institutional and regulatory infrastructure

Constitution, human rights and arbitration

Arbitration and the courts

Section B: Arbitration agreement

Autonomy, types, and applicable law

Formal and substantive validity

Interpretation of agreements

Drafting arbitration clauses

Section C: Arbitration tribunal

Selection and appointment of arbitrators

Rights and duties of arbitrators

Independence and impartiality of arbitrators

Challenge and removal of arbitrators

Section 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:
Section A first.

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

Russian law and legal institutions

Section 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

Section B: Foundations of Russian law

Jurisprudential foundations of Russian law

Towards a rule of law state

Sources of Russian law

Legal profession (advocates, jurisconsults)

Section 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

Section 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:
Section 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

Section 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

Section 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

Section 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)

Section 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:
Section 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

Taxation principles and policy

Section 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

Section B: Issues in modern taxation

Tax and economic attitudes

Tax and political attitudes

Statutory interpretation

Tax avoidance

Section 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

Section D: United Kingdom taxes II: additional tax bases

Capital Gains Tax

Inheritance tax and wealth

Taxation of land and property

Value Added Tax

Sequence:
Section 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

Section 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

Section 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

Section C: Telecommunications contracts

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

Mobile agreements

Telecommunications outsourcing contracts

Consumer contracts and protection

Section 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:
Section A first. Section 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.

Section 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

Section 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)

Section 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)

Section 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:
Section 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

Section 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

Section 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

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

The renaissance of Roman law: humanism in Rome and France

The droit

World trade law

Section 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

Section 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)

Section C: Specific regulations of trade in goods

The Antidumping Agreement

The Agreement on Subsidies and Countervailing Duties

The TBT Agreement

The SPS Agreement

Section D: Special World Trade Organization regulations

Trade in services (GATS)

Intellectual property (TRIPS)

Regional trade arrangements

Investment and competition policy

Sequence:
Section 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

Section A: The aetiology of youth crime

The extent and nature of youth crime

Aetiological explanations for youth crime

Theories of childhood

Youth crime prevention

Section 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

Section C: The youth justice process

Pre-trial diversion

Sentencing young offenders

Punishment in the community and YOTs

The use of detention

Section 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:
Section 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

Courses not yet available

African human rights law

Students should preferably have some previous knowledge of public international law (essentially law of treaties and state responsibility).

Section A: The various sources of African human rights law

The universal sources

The regional sources

The sub-regional sources

The municipal sources

Monism vs. dualism

Section B: The general protection: the African Charter on Human and Peoples' Rights

Historical background of the Charter

The distinctive features of the Charter

The civil and political rights

The economic, social and cultural rights

The rights of peoples

The duties of the individuals

Section C: The specific protection: the law relating to refugees, children and women

The Convention Governing the Specific Aspects of Refugee Problems in Africa

The African Charter on the Rights and Welfare of the Child

The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa

Section D: The African regional implementation machinery

The African Commission on Human and Peoples' Rights

The Committee on the Rights of the Child

The African Court on Human and Peoples' Rights

The Court of Justice of the African Union

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

Textbook:
Fatsah Ouguergouz, The African Charter on Human and Peoples’ Rights: A Comprehensive
Agenda for Human Dignity and Sustainable Democracy in Africa (The Hague: Martinus Nijhoff, 2003), ISBN: 9789041120618

Broadcasting law

Section A: Introduction to broadcasting law

Broadcasting technologies

Broadcasting and press regulation compared

Public service and commercial broadcasting: the United Kingdom and United States compared

Section B: Regulating broadcasters nationally

Television and radio: allocating rights to broadcast

UK Communications Act 2003 and the Office of Communication

US Broadcasting law and the Federal Communications Commission licensing

Section C: Regulating television and radio content

Legal rules: offensive and harmful content, political content and comment, religious content, political advertising, advertising

UK Broadcasting Standards Commission

US Broadcasting law and the Federal Communications Commission content regulation

Section D: International regulation of broadcasting

World Administrative Radio Conference

Council of Europe Convention on Transfrontier Television

European Community/Union Broadcasting Directive

Sequence:
Section A, followed by Section B, followed by Section C, followed by Section D.

Textbooks:
David Goldberg, Anthony Prosser and Stefaan Verhulst (eds), Regulating the Changing Media: A Comparative Study (Oxford University Press: Oxford, 1998), ISBN: 0198267819.

T. Barton Carter, Juliet Lushbough Dee, Harvey L. Zuckman, Mass Communication Law 5th ed (West Publishing: Eagan, Minn., 2000), ISBN: 031423831X.

Derivatives law

Section A: Analysing and documenting derivatives transactions

The nature of financial derivatives

The various legal analyses of interest rate swaps

The International Swaps and Derivatives Association (ISDA) Master Agreement structure

Issues in the creation of financial derivatives

Section B: Terminating derivatives transactions

The ISDA Master Agreement provisions for termination

“Events of default”

“Termination events”

The termination procedure

Restitution of money paid under void derivatives transactions

Section C: Legal issues in collateralisation and stock-lending

Taking security in financial transactions

Collateralisation

Personal collateral structures: the ISDA Credit Support Annex

Proprietary collateral structures: the ISDA Credit Support Deed

Section D: Credit derivatives and securitisation

The nature of credit derivatives

Legal issues in the creation of credit derivatives

Securitisation

Securitisation, credit derivatives and the financial crisis of 2007 et seq.

Sequence:
The Sections must be attempted in order.

Textbooks:
Textbook details TBC.

European Community environmental law

Students choosing this course are expected to be, or become, familiar with the general law and institutions of European Community law.

Section A: Institutional and constitutional aspects of European Community environmental law

Introduction and historical background

Evolution and progress of international environmental policy

Institutional structure

Sources of European Community environmental law

Environmental protection as an aspect of the establishment of the European Common/ Single Market

Environmental protection (in the form of sustainable development) as a goal/ objective of European Community policy and law

The role of the European Commission and the doctrine of direct effect in the enforcement of European Community environmental law

Prescription and implementation of environmental principles within European Community environmental law.

Section B: Sectoral development of European Community environmental law

European Community air and water pollution regimes

Integrated pollution, prevention and control

Waste: Definition, movement and disposal

Trade in endangered species

Nature conservation

European Community law implementation and enforcement techniques applied to environmental protection: Environmental Impact Assessment, access to environmental information and citizen participation in environmental decision-making processes.

Section C: Environmental litigation

Environmental litigation against the European Commission and Council

Environmental litigation against Member States

Transboundary environmental litigation under the 1968 Brussels Convention and 1988 Lugano Convention

Civil liability for environmental damage

Section D: The European Union and the environment in external relations

The environment in relation to other European Union policies:

Family, children and the state

Section A: What is a family?

The normal ‘chaos’ of family law

Historical development of the family as a cohesive unit

The traditional family: the law of marriage

The modern family: atypical families

Section B: Family breakdown

Broken unions: a historical perspective on divorce

Ending a marriage: the law of divorce

Alternatives to divorce: mediation

Financial matters: the consequences of divorce

Section C: Children and the law

Legal concepts of childhood

Children’s rights

The welfare principle

Parental responsibilities

Section D: State regulation of the family

Regulating reproduction

Children in need and access to services

Child protection and the need for state intervention

Adoption and the child as ‘gift’

Sequence:
Section A can be followed by section B or section C, but all should be completed before section D.

Textbook:
Alison Diduck, Law’s Families (Cambridge: Cambridge University Press, 2004),
ISBN: 9780406967336

Franchising law

Section A: Franchising as a legal concept

The business of franchising

The structure of franchise arrangements

The franchise contract

Financial arrangements

Taxation

Section 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

Section 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)

Section D: International franchising

Legal issues

International franchise documentation

International tax issues

Sequence:
Section 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.

Freedom of expression law

Section A: Freedoms, sources and reasons

International human rights law

Freedom of religious speech

Freedom of political speech

Freedom of artistic expression

Freedom of commercial speech

Section B: Media of expression: free speech and technology

Freedom of assembly

Freedom of the press

Freedom of electronic communication

Emerging and converging media

Section C: Permissible limitations on expression

National security

Rights of others: Privacy, reputation, copyright

Public policy limits: Obscenity, blasphemy, hate speech, contempt of court

Prior restraint and subsequent penalties

Section D: Freedom of expression and information

‘Freedom of information’ access to information principles

Legislation in Sweden, the United States, the United Kingdom and other countries

Mandatory and non-mandatory exemptions

Exempt and protected information

Freedom of information and the private sector

Freedom of information and data protection

Sequence:
The sections must be attempted in order.

Textbooks:
Geoffrey Robertson and Andrew Nicol, Robertson and Nicol on Media Law 5th ed (Sweet & Maxwell: London, 2007), ISBN: 1847030246.

Tom Crone, Philip Alberstat and Tom Cassels (eds), Law and the Media 5th edition (Focal Press: Oxford, 2005), ISBN: 0240519833.

Human rights in post-conflict societies

You are advised that the course demands some previous knowledge of human rights and international humanitarian law.

Section A: Foundations for human rights protection in post-conflict situations

Rule of law

Establishing law and order

Human rights enforcement institutions

Independent judiciary

Section B: Violations of human rights during conflicts

Lawlessness legacy of conflict

Violations of international humanitarian law

Responsibility for atrocities committed during conflict

International law instruments on ending conflicts

Section C: Implementation and monitoring measures in post-conflict societies

Promotion and protection of human rights

International legal obligations

Monitoring systems

NGOs and civil society

Section D: Long-term conditions for sustainable human rights in post-conflict societies

Reconstruction and development in the context of human rights

State building and good governance

Role of state institutions in human rights protection

Constitutional issues

Sequence:
Sections must be completed in order.

Textbooks:
Textbook details TBC.

Information technology law

Section A: Copyright and other protection for software

Introduction to technology

Source code and object code

United Kingdom and United States law

European Community software and database protection

Software licensing

Mass-market software

Bespoke software

Breach of confidence and trade secrets

Section B: Patent and other protection for software-related inventions

Patentable subject matter

United Kingdom, United States and European patent law

Semiconductor chip protection

United States Semiconductor Chip Protection Act

Design right protection in the United Kingdom

European Community directive

Section C: Civil and criminal liability related to information technology

Exclusion and limitation of civil liability in contract and tort

Product liability, United Kingdom, United States and European Community law

European Community competition law

Computer crime

Technology-specific crime

Technology-assisted crime

Computer evidence

Introduction to the internet

Commercial internet transactions

Internet payment

Electronic data interchange

Section D: Privacy, data protection and employment issues

Privacy, data protection and freedom of information

Transborder data flows

Employment rights

Outsourcing

Sequence:
Section A first, followed by section B.

Textbooks:
Ian J. Lloyd, Information Technology Law 4th ed (Oxford University Press: Oxford, 2004), ISBN: 0406975787.

Chris Reed and John Angel (eds), Computer Law: The Law and Regulation of Information Technology 6th ed (Oxford University Press: Oxford, 2007), ISBN: 0199205965.

International and comparative social justice

Section A: Advancing the international protection of social justice

The International Covenant on Economic, Social and Cultural Rights 1966 and the mythology of the 'Generation of Rights' theory

The United Nations Committee on Economic, Social and Cultural Rights

The minimum core

Section B: The ambit of social justice rights under international law

The right to the highest standard of health

The right to food and water

The right to shelter and adequate housing

The right to social security rights

Section C: Regional protection of social justice rights

The European Union

The European Social Charter of the Council of Europe

The Protocol of San Salvador

The African Union and social justice rights

Section D: Comparative legal systems and the implementation of social justice rights

Natural law – The Philippines

Facets of civil and political rights – India

Express incorporation – South Africa

Sequence:
Section A first.

Textbook:
Lucy Williams (ed), International Poverty Law: An Emerging Discourse (London: Zed Books, 2006), ISBN: 9781842776858

International commercial insurance law

Section 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

Section 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

Reinsurance arbitrations

Inspection clauses

Section 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

Section 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:
Section A must be attempted before Section B.

Textbooks:
Textbook details TBC.

International criminal law

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

Section 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

Section 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

Section 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

Section 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:
Section 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 law of armed conflict and use of force

Section 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

Section 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

Section 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

Section 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:
Section A first, Section 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 natural resources law

Section 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

Section 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

Section 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

Section 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:
Section 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.

Law of international finance: securitisation and bonds

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.

Section 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

Section 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

Section 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

Section 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:
Section 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

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.

Section 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

Section 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

Section 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

Section 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 sections must be attempted in order.

Textbooks:
Textbook details TBC.

Law of oil and gas submarine pipelines

Section A: Laying of submarine pipelines

Technical aspects of submarine pipelines

Definition of pipelines in the law of the sea

Maritime zones and the right to lay pipelines

Pipelines crossing the waters of more than one State

Section B: The exploitation of submarine pipelines and the law of the sea

Jurisdiction over submarine pipelines

Pipelines and other lawful uses of the sea

Settlement of disputes related to submarine pipelines and other lawful uses of the sea

Protection against pollution

Decommissioning of submarine pipelines in the law of the sea

Section C: National legislation on pipelines used for the transport of offshore oil and gas

National energy policies and submarine pipeline networks for transporting offshore oil and gas: case studies

The complexity of national legislation

Analysis of licensing systems

Rights and obligations of owners and operators

Third-party transport-issues

Decommissioning of submarine pipelines in national legislation

Section D: The international transport of oil and gas through submarine pipelines

Energy security supply and international submarine pipelines

The legal framework to safeguard international transport: international and bilateral agreements

Ownership and operation of international pipelines

Proposals to establish a comprehensive model framework agreement

Settlement of disputes concerning international transport of oil and gas

Sequence:
Section A must be attempted before Section B.

Textbooks:
Textbook details TBC.

Law on investment entities

Section A: The legal aspect of investment

The meaning of “investment”: speculative, social and collective investment

The concept of “risk” in investment law

The predication of all investment entities on concepts of contract and property

Principles of portfolio management and their legal aspects

Acquisitions investment

Section B: Unit trusts and 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)

Section C: Communal investment schemes

The history of communal investment models

Friendly societies

Cooperative investment models

Trade unions

The legal inter-action of members of communal investment schemes

The legal nature of the investors’ rights in such entities

The regulatory context of retail investment services provision

Section D: Fiduciary duties in the use of investment entities

FSA regulation of investment activity (outline)

The investment of trusts

Directors’ duties in relation to company investments

The effect of Markets in Financial Instruments Directive (MiFID)

Public sector investment models

Sequence:
The sections must be attempted in order.

Textbooks:
Textbook details TBC.

Press law

Section A: Introduction to press law

Press freedom history

Prior restraint

Press ownership law

United Kingdom Press Complaints Commission

United Kingdom National Union of Journalists Code of Conduct

United Kingdom Advertising Standards Authority

Section B: Defamation and privacy

Defining defamation

Defenses: truth, fair comment, absolute privilege, qualified privilege

Civil and criminal libel

Privacy law: the United Kingdom and the United States compared

Breach of confidence

Section C: Other restrictions on the press

Contempt of court: strict liability, reporting restrictions

Contempt of Parliament

The United Kingdom Official Secrets Act

Section D: Open justice

Court reporting: the United States and the United Kingdom compared

Restrictions on reporting: criminal cases, national security cases, family cases, children

Sequence:
Section A first.

Textbooks:
Geoffrey Robertson and Andrew Nicol, Robertson and Nicol on Media Law 5th ed (Sweet & Maxwell: London, 2007), ISBN: 1847030246.

Peter Carey and Jo Sanders, Media Law 3rd ed, (Sweet & Maxwell: London, 2004), ISBN: 0421878207.

Private international law in international commercial litigation

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

Section 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

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

Introduction to the jurisdiction and competence of courts

The system under the Brussels Regulation (No. 44/2001)

The traditional rules of jurisdiction in England, France and Germany

The rules and restrictions on jurisdiction in the United States

Section C: Applicable law in private international law

Introduction to applicable law

Rome I Regulation (matters related to contract in Europe)

Rome II Regulation (matters related to tort in Europe)

The former choice of law rules for tort in England, France and Germany

The approach of the US courts to choice of law

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

Introduction to the enforcement of judgments

The recognition and enforcement of judgments under the Brussels Regulation

The simplified recognition of judgments under the other European regimes

The enforcement of judgments in England, France and Germany

The US approach to the enforcement of judgments

Sequence:
Section 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.

Private law aspects of the law of finance

Section 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”

Section 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

The law of tracing in financial transactions

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

Section 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

Section 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 sections can be attempted in any order.

Textbook:
Textbook details TBC.

Russian civil and commercial law

Section A: Foundations of Russian civil law

Introduction

Legal terminology, legal translation, and Russian law

Concepts of private and public law

Civil and commercial law in legal science and instructional disciplines

Sources of civil and commercial law

Civil-law relations

Transactions and representation

Section B: Russian civil law - persons

Natural persons

Concepts of juridical persons

Legal entities under Russian civil law

Economic societies and partnerships

Unitary enterprises

Non-commercial organisations and cooperatives

Section C: Russian civil law - ownership

General provisions

Private and public ownership

Limited rights to thing

Attributes of state ownership

Securities

Section D: Russian civil law - obligations

General provisions

Concepts of contract

Individual types of contract

Delictual obligations

Unfounded enrichment

Sequence:
Section A, followed by Section B.

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

William E. Butler, Russian Company and Commercial Legislation (Oxford: Oxford University Press, 2003), ISBN: 09780199261529

William E. Butler, Civil Code of the Russian Federation: Parts One, Two and Three (Oxford: Oxford University Press, 2003), ISBN: 9780199261536

Sentencing and penal policy

Section A: Prosecution process

Aims and objectives of the criminal justice process

Decision to charge or caution

Prosecutorial review

Mode of trial

Section B: Sentencing

Principles of sentencing

Sentencing framework

Custody under the United Kingdom's Criminal Justice Act 2003

Sentencing reform

Section C: Punishment

Financial penalties

Community penalties

Prisons

Hospital as ‘punishment’

Section D: Current issues in penal policy

Discrimination in sentencing

Rights of prisoners

Prison privatisation

Victims

Sequence:
The sections must be attempted in order.

Textbooks:
Andrew Ashworth, Sentencing and Criminal Justice 4th ed (Cambridge: Cambridge
University Press, 2005), ISBN: 9780521674058

Susan Easton and Christine Piper, Sentencing and Punishment: The Quest for Punishment 2nd ed (Oxford: Oxford University Press, 2005) ISBN: 9780199218103

Taxation of business enterprises

Students are advised that 'Taxation of business enterprises' is an advanced course and as such demands some understanding or previous knowledge of tax law. If students have not previously studied tax law at undergraduate level or have no experience of it in practice, it is advised that they undertake the 'Taxation principles and policy' course alongside 'Taxation of business enterprises'.

Section A: Introduction to business enterprises and general principles of business taxation

Business enterprises

Taxation of income

Taxation of capital

Introduction to corporation tax

Section B: Practical elements and complications in taxation of business principles

Trading stock

Capital allowances

Loss relief

Loan relationships

Section C: Group structures and reorganisations relevant to taxation business principles

Groups

Consortia

Distributions

Share reorganisations

Section D: Elements of international business taxation

Controlled foreign companies and anti avoidance

Transfer pricing

Foreign element

VAT

Sequence:
Section A, followed by Section B, followed by Section C, followed by Section D.

Textbooks:
Tiley and Collison’s UK Tax Guide [current edition] (London: LexisNexis Tolley)

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

Transfer of technology law

Section A: Technology transactions

‘Turn-key’ arrangements, joint ventures, licenses, collaboration agreements, technical consultancies, know-how agreements

History, economics and politics of technology transfers

Legal protection for technology, including intellectual property rights and contact

Section B: The technology agreement

Parties

Subject matter

Activities and field of use

Implied terms

Remuneration

Duration

Breach

Termination and post-termination rights and duties

Due diligence searches

Section C: Specialised technology licences

Biotechnology licences

Software licences

Trade mark licences

Know-how and show-how licences

Licensing by public research institutes (e.g. universities)

Compulsory licensing

Section D: Public regulation of technology transfers

Technology transfer and competition law

European Community Block Exemption

Regulation of restrictive licensing agreements (TRIPs Agreement Article 40)

Technology transfer codes in developing countries (e.g. Andean Pact countries, China, Philippines, Vietnam)

Protection of genetic resources (e.g. Convention on Biological Diversity, International Treaty on Genetic Resources for Food and Agriculture)

Regulation of transfers of dual-use technology to belligerent nations

Sequence:
Section A, followed by section B.

Textbook:
Noel Byrne and Amanda McBratney, Licensing Technology 3rd ed, (Jordan: London, 2005), ISBN: 085308 8926.