Specialisation: International criminal justice

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 criminal law

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

Module A: [LWM30A]

General context and international crimes before national courts

International law principles of State jurisdiction

Customary international law and treaty law

Direct criminal responsibility under international law

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

Piracy

Module B: [LWM30B]

International criminal courts and tribunals

Jurisdiction and structure of international criminal courts and tribunals

Co-operation with international criminal courts and tribunals

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

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

Module C: [LWM30C]

The core international crimes (crimes within the jurisdiction of international tribunals

The elements of international crimes

War crimes

Crimes against humanity

Genocide

Aggression and crimes against peace

Module D: [LWM30D]

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

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

Law and policy of international courts and tribunals

Module A: [LWM38A]

Introduction to international dispute resolution

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

The concept of an international dispute

Participation in international disputes

Module B: [LWM38B]

Non-adjudicatory dispute resolution processes

The obligation to settle disputes peacefully

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

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

Negotiation and mediation

Module C: [LWM38C]

Role and functioning of international courts and tribunals: institutional aspects

Appointment and role of adjudicators

Role of registry/secretariat

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

Applicable law: procedural and substantive

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

Financing of international courts and tribunals and proceedings before them

Module D: [LWM38D]

Role and functioning of international courts and tribunals: procedural aspects

Third party participation, including intervention and amicus curiae briefs

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

Provisional measures

Evidentiary rules and principles

The powers of the various courts and tribunals, including remedies

Interpretation, appeal and review

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

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

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

Law of financial crime

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

Module A: [LWM17A]

Insider dealing and market abuse

The sources of the law on insider dealing

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

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

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

The power of regulators

Market abuse regulation

Module B: [LWM17B]

Fraud and market manipulation

The development of the criminal law of fraud

The economic and historical context of the law on abusive practices

Market manipulation offences

Fraud Act 2006 offences

Theft Act 1968 offences

Module C: [LWM17C]

Money laundering

The purpose of money laundering regulation

The international dimension

The context of money laundering regulation

Proceeds of Crime Act 2002 offences

Terrorism Act 2000 offences

Money Laundering Regulations 2007

The efficacy of money laundering regulation

Civil recovery

Module D: [LWM17D]

The nature of the law on financial crime

The sources of the law on financial crime

The objectives of the law on financial crime

The economic and historical context of the law on corruption

The role of information and transparency in financial criminal law

The EC Market Abuse Directive

The role of the regulators in prosecuting criminal offences

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

Other criminal offences under Financial Services and Markets Act 2000

The underlying objectives of the criminal law in relation to finance

Civil recovery

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

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

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

Law of treaties

Module A: [LWM54A]

Introduction to the law of treaties

Introduction to the law of treaties

Sources of international law with a particular focus on treaties

Concept of a treaty in international law

Treaty-making process

Depositaries, registration and publication of treaties

Consent to be bound by a treaty

Module B: [LWM54B]

Entry into force and the scope of treaty obligations

Entry into force and obligations prior to entry into force

Reservations to treaties

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

Module C: [LWM54]

Legal aspects of the working of treaties

Interpretation of treaties

Conflict of treaties

Revision, amendment and modification of treaties

Succession to treaty obligations

Module D: [LWM54D]

Legal aspects of invalidity, termination and suspension of treaty obligations

Termination and suspension of treaties

Invalidity of treaties

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

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

Sequence:
Module A first.

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

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

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