Specialisation: Comparative and foreign law

Comparative criminal justice policy

Module A [LWM07A]

Methods of comparative research

Finding data

Measuring crime

Comparing statistics

Comparing policies

Module B [LWM07B]

Legal cultures and criminal justice policy

Common law

Civil law

Socialist law

Islamic law

Module C [LWM07C]

Aspects of comparative criminal policy

Policing and prosecution

Trials and sentencing

Use of imprisonment

Probation and community punishment

Module D [LWM07D]

Global crime

Controlling transnational crime

War crimes

Terrorism

International law and crime

Sequence:
The modules must be attempted in order.

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

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

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

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

International and comparative bank regulation

Module A [LWM64A]

Risk, banks and the principles of bank regulation

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

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

Module B [LWM64B]

Basel Committee and the regulation of international banks

Issues in international bank regulation: what are the problems?

Basel Committee on Banking Supervision: its structure, soft law

The Concordat 1975, Revised Concordat 1983, Core Principles

Capital Adequacy: Basel I and II

The impact of the banking crisis on Basel

Module C [LWM64C]

European Union regulation and who should regulate banks

EU banking regulation law

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

Module D [LWM64D]

United Kingdom bank regulation law

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

Financial Services Authority: structure, accountability, objectives and practice

Sequence:
Starting with A, modules must be attempted in order.

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

International and comparative competition law

Module A [LWM25A]

The internationalisation of competition policy

Globalisation and actors in the process of internationalisation

Organisation for Economic Cooperation and Development (OECD)

World Trade Organisation (WTO)

United Nations Conference on Trade and Development (UNCTAD)

Multinational enterprises (MNEs)

International Competition Network (ICN)

Module B [LWM25B]

Unilateral, bilateral and multilateral strategies

Extraterritoriality and principles of public international law

United States antitrust law

European Union competition law

Bilateral cooperation and agreements

Multilateral cooperation: A global competition regime?

Module C [LWM25C]

The competition rules of developing and developed countries

United States antitrust law

European Union competition law

Competition rules in Germany

Japanese anti-monopoly law

Canadian competition law

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

Module D [LWM25D]

Competition and trade policy

Aims and objectives

Similarities and differences

World Trade Organization

Sequence:
Module A first.

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

International and comparative law of copyright and related rights

Module A [LWM26A]

Copyright law in the United Kingdom and United States

Introduction and protectable subject matter

Protection criteria

Ownership and duration

Economic and moral rights

Infringement and limitations to protection

Module B [LWM26B]

French and German copyright law and related rights

Introduction and protected subject matter

Economic and moral rights

Authorship, transfer of rights and duration

Limitations and exceptions

Module C [LWM26C]

International copyright law – international conventions and aspects of private international law

General concepts

The Berne Convention

The Universal Copyright Convention

The Rome Convention on the Protection of Phonograms and Performing Artists

Copyright and the TRIPs Agreement

The WIPO “Internet Treaties”

Private International Law Aspects

Module D [LWM26D]

Copyright law in the European Community

Introduction to copyright law in the European Community

Computer programs and database protection

Rental and lending rights, satellite broadcasting and cable

Copyright term and artist's resale right

Copyright in the information society and enforcement

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

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

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

Module A [LWM27A]

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

Infringement and exceptions to infringement

Entitlement/ownership of patents

Module B [LWM27B]

Comparative law of trade secrets

Why protect trade secrets?

The distinction between commercial trade secrets and privacy

Relationship between trade secrets and patenting

Trade secrets law in England, the United States, Germany and France

Module C [LWM27C]

International agreements on patent law

Paris Convention

TRIPS Agreement

European Patent Convention

Other regional patent agreements

Patent Cooperation Treaty

The Convention on Biodiversity

Patent Law Treaty

Budapest Treaty

Locarno Agreement on Classification

Supplementary Protection Certificates

Enforcement Directive (2004/48/EC)

Module D [LWM27D]

Current issues in international patent law and policy

Utility models and petty patents

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

Plant variety protection

Patenting of computer software and business methods

“Patent quality” and Peer-to-patent

Sequence:
The modules must be attempted in order.

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

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

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

Module A [LWM28A]

The concepts of trade marks, designs and unfair competition

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

Introduction to unfair competition

The history of trade marks

Systems of protection; registered and unregistered trade marks

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

Module B [LWM28B]

Unfair competition

Systems of unfair competition: a comparative perspective

Misrepresentation and misappropriation

Unfair competition in the United Kingdom

Unfair competition in the United States

Unfair competition in France

Unfair competition in Germany

Other jurisdictions.

Module C [LWM28C]

Registered trade marks

Registered trade marks: a comparative perspective

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

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

Registered trade marks in the United States

Other jurisdictions

Current trends: dilution; domain names.

Module D [LWM28D]

Special topics in trade marks

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

Appellations of origin

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

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

Sequence:
Module A first, Module D last.

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

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

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

International and comparative trust law

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

Module A [LWM29A]

The nature of the English trust

Survey of the English law of trusts

Shams

The trust as property-holding vehicle and as obligation

The core content of a trust

The Beneficiary Principle: trusts for non-charitable purposes

Module B [LWM29B]

Offshore purpose trusts

Introduction to offshore non-charitable purpose trusts

The Bahamas

Belize

Bermuda

The British Virgin Islands

The Cook Islands

Cyprus

Guernsey

Isle of Man

Jersey

Labuan

The STAR trust of the Cayman Islands

The British Virgin Islands’ Vista Trusts

Module C [LWM29C]

Asset protection trusts

Asset protection trusts in a commercial and trading context

Introduction to offshore asset protection trusts

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

The Bahamas

The Cayman Islands

The Cook Islands

Cyprus

Gibraltar

The Isle of Man

Jersey

Avoidance of forced heirship

Module D [LWM29A]

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:
Start with A, modules must be attempted in order.

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

Private international law in international commercial litigation

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

Module A: [LWM67A]

Introduction to private international law in international commercial litigation

History of private international law

The individualist theories of private international law

The state theories of private international law

The economic theories of private international law

Module B: [LWM67B]

Jurisdiction and competence of courts in private international law

Introduction to the jurisdiction and competence of courts

The Brussels Regulation (No. 44/2001) system

The traditional rules of jurisdiction in England and Wales

The rules and restrictions on jurisdiction in the United States

Insolvency under Regulation (EC) No. 1346/2000

Module C: [LWM67C]

Applicable law in private international law

Introduction to applicable law

Rome I Regulation and the Rome Convention

Rome II Regulation

Other choice of law rules in England and Wales

The rule for applicable law under the Insolvency Regulation

Choice of law in the United States.

Module D: [LWM67D]

Recognition and enforcement of judgments in private international law

Introduction and considerations for the enforcement of foreign judgments

The recognition and enforcement of judgments under the Brussels Regulation

Other European regimes

The enforcement of judgments in England and Wales

The approach of the United States to the enforcement of judgments

Sequence:
Module A first.

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

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

Russian law and legal institutions

Module A [LWM44A]

Russian legal system in context

Introduction

Russian legal system in context of comparative legal studies

Legal terminology, legal translation, and Russian Law

Russian legal heritage

Module B [LWM44B]

Foundations of Russian law

Jurisprudential foundations of Russian law

Towards a rule of law state

Sources of Russian law

Legal profession (advocates, jurisconsults)

Module C [LWM44C]

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 non-state entities in the administration of legality

Module D [LWM44D]

State structure of Russia

Concepts of Russian federalism

Presidency

Parliament

Government

The role of judges

Subjects of the Russian federation

Municipal government

Sequence:
Module A first.

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

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

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

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

Western European legal history

Module A [LWM50A]

The Foundation: Roman and Canon law 500-1100

The Corpus Juris Civilis and its survival until the eleventh century

Roman law outside the Justinianic tradition: Visigothic and Frankish law

The Canon law in the West: Canon law collections before Gratian

Feudal law and Roman law in Italy

The revival of the study of Roman law

Module B [LWM50B]

Interactions of Roman and local law: twelfth-sixteenth centuries

Gratian and the formation of the learned Canon law

The consolidation of Roman law: the Glossators

The expansion of Roman law: the Commentators

Canon law scholarship, practice and influence

Roman law and political thought

Module C [LWM50C]

National laws and codification: sixteenth-nineteenth centuries

The renaissance of Roman law: humanism in Rome and France

The droit écrit and droit coutumier in France

Mos italicus and mos gallicus

The reception in Germany

The Dutch elegant school and the Natural Law movement

Module D [LWM50D]

Modern perspectives on the Ius Commune

Early Natural law codifications

Codification in France and its empire

German romanticism: Savigny vs Thibault

Pandektenrecht and Mommsen: German codification and scholarly reaction in Roman law

Survival and continuity
-Andorra, San Marino and the Channel Islands
-Scottish amalgam of feudal and Roman law
-South African blend of Common law procedure and Roman law substance

Sequence:
Module A first.