Specialisation: International dispute resolution

Applicable laws and procedures in international commercial arbitration

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

Module A [LWM03A]

Applicable law issues in arbitration

Determination of applicable law

Applicable substantive law

Transnational rules, lex mercatoria and trade usages

Arbitration and EU Laws

Module B [LWM03B]

Procedure and evidence in arbitration

Law governing the arbitration procedure

Commencement of arbitration; terms of reference / procedural directions

Procedural issues

Taking evidence

Module C [LWM03C]

Jurisdictional issues in arbitration

Arbitrability

Determination of jurisdiction

Provisional measures

Multi-party and multi-contract disputes

Module D [LWM03D]

Arbitration award – form, content, challenge and enforcement

Form and content

Finality and challenges to award

Recognition and enforcement

Sequence:
Module A first.

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

European Convention on Human Rights

Module A [LWM12A]

Context and foundations of the European Convention on Human Rights

Background to the adoption of the European Convention on Human Rights

Development and nature of the Convention system

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

Interpreting and limiting Convention rights and freedoms

Module B [LWM12B]

The European Convention on Human Rights mechanism

Admissibility

Procedure before the European Court of Human Rights

The nature and effect of Court judgments

Implementing Court judgments

The role of the Secretary General of the Council of Europe

Module C [LWM12C]

European Convention on Human Rights substantive rights (1)

The prohibition on discrimination

The right to life

The prohibition on torture, inhuman and degrading treatment

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

Module D [LWM12D]

European Convention on Human Rights substantive rights (2)

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

Freedom of conscience and religion

Freedom of expression, association and assembly

The right to a fair hearing and to an effective remedy

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

Textbooks:

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

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

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

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

International economic law

Module A: [LWM31A]

Evolution and principles of international economic law

Evolution of the law and economic policy

Evolution of international economic law

Fundamental principles of international economic law

Institutional structure of international economic law

Module B: [LWM31B]

International monetary and development law and policy

The law and practice of the World Bank

The law and practice of the International Monetary Fund

Financing for development

The millennium development goals

Module C: [LWM31C]

Regulation of foreign investment

International efforts to regulate foreign investment

Regulation of multinational enterprises (MNEs)

The notion of corporate social responsibility

Multinational enterprises and human rights

Module D: [LWM31D]

Public international law of trade

Substantive rules of the GATT/World Trade Organization system

Institutional overview of the World Trade Organization

Case study of the liberalisation of trade in agriculture

Current trade agenda and the Doha Development Round

Sequence:
Module A first.

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

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

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

International investment law

Module A: [LWM33A]

Evolution of the law of foreign investment

Origins of the law of foreign investment: the early years

National standards v. international minimum standard

National treatment and the Calvo doctrine

The duty to compensate and the Hull formula

Module B: [LWM33B]

International efforts to regulate foreign investment

United Nations efforts

Efforts made by the World Bank

OECD efforts

The role of the World Trade Organization

Module C: [LWM33C]

Regulation under bilateral and regional investment treaties (BITs)

Origins of BITs

The content of BITs

Significance of BITs

Regional treaties: NAFTA

Module D: [LWM33D]

The case-law on the treatment of foreign investment

Fleshing out of the principles of the law of foreign investment

Definition of expropriation and nationalization

Determination of the quantum of compensation

Extending the frontiers of expropriation

Sequence:
Module A first, followed by Module B.

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

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

International law of the sea

Module A: [LWM34A]

Evolution of the law of the sea

Pre-UN developments

UNCLOS I

The four Geneva Conventions on the law of the sea

UNCLOS III

Module B: [LWM34B]

Baselines, the territorial sea and the contiguous zone

The law on drawing baselines

The rights of states in their territorial sea

The right of innocent passage of other states

Rights and duties in the contiguous zone

Module C: [LWM34C]

The continental shelf and the Exclusive Economic Zone

Definition and drawing of the continental shelf

Rights of States in the continental shelf

The concept of the EEZ

Rights and duties of States in the EEZ and its delimitation

Module D: [LWM34D]

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 International Seabed Authority

Dispute settlement mechanism in the law of the sea

Sequence:
Module A first.

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

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

International natural resources law

Module A: [LWM74A]

General aspects of international natural resources law

The development of the notion of permanent sovereignty and sustainable development

International governance and management of natural resources

Property rights and natural resources

Nationalisation and expropriation of foreign-owned property

Module B: [LWM74AB]

Specific issues relating to management of natural resources

Transboundary freshwater management

International law of the sea and natural resources conservation and management

Fisheries management

General principles of the conservation of biological diversity

Dispute resolution

Module C: [LWM74C]

International energy law

International organisations in the energy sector

Climate change law

The regime for exploration and exploitation of offshore energy resources

Energy law and the environment

Module D: [LWM74D]

Energy law in Europe

The Energy Charter Treaty

EU energy law I – market liberalization and regional cooperation

EU energy law II - sustainable energy

The EU climate change law

Sequence:
Module A first.

Textbooks:
Textbook details TBC.

International rights of the child

Please note that the modules of this course are no longer available for new registrations.

Module A: [LWM35A]

The development of the international law on the rights of the child

Introduction and analysis of international law and international human rights law

International and regional instruments – specific to the child

International and regional instruments – general human rights

The definition of a child in international law

The two principles of interpretation

Module B: [LWM35B]

Children and family life

Introduction and analysis of the public and the private

Definitions of family, family life and family environment

The ‘right’ to a family

The democratic family

Module C: [LWM35C]

Children and the justice system

Introduction and merger of family law principles and child criminal justice

Definition of juvenile

The umbrella principles

The rights of children accused of an offence

Child hearings

The rights of children deprived of their liberty

Module D: [LWM35D]

Combatting child poverty

Introduction and a critique of the generation of rights theory

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

Using the international law on poverty alleviation in the national courts

Using the international law on poverty alleviation in the international sphere

Sequence:
The modules can be attempted in any order.

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

International trade law

Module A: [LWM36A]

Export sales on English law terms

Nature of FOB and CIF contracts

Formation of contracts of sale

Contractual arrangements for transportation of the goods

The seller’s obligations as regards the goods

Delivery of the goods

Responsibility for loading and discharge operations

Passing of property

Passing of risk

Module B: [LWM36B]

Carriage of goods by sea in international trade law

The shipping background

The Hague-Visby Rules

Transfer of the contract of carriage

Module C: [LWM36C]

Bankers’ letters of credit

Documentary credits and the sale contract

Documentary credits: fundamental principles

Fraud and forgery

Stand-by letters of credit and first demand guarantees

Module D: [LWM36D]

United Nations Sales 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:
Students are required to attempt the modules in order.

Textbooks:
Bridge, M.G. The international sale of goods. (Oxford: Oxford University Press, 2013) 3rd edition [ISBN 9780199658251].

Chuah, J. Law of international trade. (London: Sweet & Maxwell, 2013) 5th edition [ISBN 9780414023253].

Wilson, J.F. Carriage of goods by sea. (Harlow: Pearson, 2010) 7th edition [ISBN 9781408218938]. (For Module B, supplied as an e-book.)

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 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

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

Regulation and infrastructure of international commercial arbitration

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

Module A [LWM42A]

Regulation and infrastructure of arbitration

Delimitation, definition and juridical nature

Institutional and regulatory infrastructure

Constitution, human rights and arbitration

Arbitration and the courts

Module B [LWM42B]

Arbitration agreement

Autonomy, types, and applicable law

Formal and substantive validity

Interpretation of agreements

Drafting arbitration clauses

Module C [LWM42C]

Arbitration tribunal

Selection and appointment of arbitrators

Rights and duties of arbitrators

Independence and impartiality of arbitrators

Challenge and removal of arbitrators

Module D [LWM42D]

Investment arbitration and specialist arbitration

Arbitration with states and state-owned entities

Arbitration of investment disputes

Specialist and mixed arbitration

Online dispute resolution

Sequence:
Module A first.

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

United Nations protection of human rights

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

Module A [LWM61A]

Mechanisms for human rights protection by United Nations bodies

Historical development of international human rights law

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

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

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

Module B [LWM61B]

Substantive rights under United Nations human rights treaties 1

International Covenant on Civil and Political Rights (ICCPR)

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

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

Module C [LWM61C]

Substantive rights under United Nations human rights treaties 2

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

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

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

Module D [LWM61D]

Selected United Nations human rights bodies and specialised agencies

United Nations High Commissioner for Human Rights (OHCHR)

International Labour Organization (ILO)

World Health Organization (WHO)

United Nations Educational, Scientific and Cultural Organization (UNESCO)

Sequence:
Module A first.

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

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

World trade law

Module A: [LWM51A]

World Trade Organization institutions and dispute settlement

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

Institutional aspects of the WTO

Dispute settlement: basic principles and panel proceedings

Dispute settlement: appellate review and implementation

Module B: [LWM51B]

Basic principles of trade in goods

Introduction to GATT 1994. Tariffs and quantitative restrictions

The most favoured nation and national treatment principles

Safeguards

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

Module C: [LWM51C]

Specific regulations of trade in goods

The Antidumping Agreement

The Agreement on Subsidies and Countervailing Duties

The TBT Agreement

The SPS Agreement

Module D: [LWM51D]

Special World Trade Organization regulations

Trade in services (GATS)

Intellectual property (TRIPS)

Regional trade arrangements

Investment and competition policy

Sequence:
Module A first, followed by section B.

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

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