Specialisation: Public law

Constitutional and institutional law of the European Union

Module A [LWM08A]

The European Union institutional outline

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

Module B [LWM08B]

Sources of European Union law

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

Module C [LWM08C]

Remedies and procedures in European Union law

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

Module D [LWM08D]

General principles of European Union law

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

Sequence:
The modules can be attempted in any order.

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

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

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

European internal market

Module A [LWM13A]

The scope of the ‘four freedoms’

Introduction to the four freedoms

Material scope: notion of economic activity

Wholly internal situations

Personal scope: public and private parties

Personal scope: third country nationals

Module B [LWM13B]

Free movement 1 - Equal treatment and non-discrimination

Equal treatment and non-discrimination

Distinctly applicable/directly discriminatory rules

Indistinctly applicable/indirectly discriminatory rules

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

Treaty-based limitations and exceptions to the market freedoms

Module C [LWM13C]

Free movement 2 - Beyond discrimination

Restrictions on internal market freedoms

Mandatory requirements/overriding requirements of the general interest

Proportionality

Mandatory requirements and distinctly applicable/discriminatory measures

Procedural requirements applied to justifications and exceptions

The limits of a restrictions-based analysis

Module D [LWM13D] 

Regulation of the internal market

Creating and regulating the internal market – history and overview

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

Legal basis and legislative procedural issues relating to internal market legislation

Sectoral examples of harmonising legislation

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

Sequence:
Module A, followed by Module B.

Textbooks:
Craig, P. and G. de Búrca EU law: text, cases and materials. (Oxford: Oxford University Press, 2015) sixth edition [ISBN 9780198714927]

Barnard, C. The substantive law of the EU: the four freedoms. (Oxford: Oxford University Press, 2013) fourth edition [ISBN 9780199670765]

Barnard, C and J. Scott (eds), The law of the Single European Market: unpacking the premises. (Oxford: Hart Publishing, 2002) [ISBN: 9781841133447]

European Union competition law

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

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

Module A [LWM11A]

Anti-competitive agreements and collusion

Article 101 TFEU - General principles

Vertical agreements

Licensing of intellectual property rights

Cartels

Horizontal co-operation agreements

Module B [LWM11B]

Abuse of a dominant position

Article 102 TFEU - General principles

Dominance

Abuse

Module C [LWM11C]

Merger control

Regulation 139/2004 - General principles and jurisdiction

Regulation 139/2004 - Substantive analysis

Joint ventures

Module D [LWM11D]

European Union competition law practice and procedure

Regulation 1/2003

Enforcement of Articles 101 and 102 in national courts

Sequence:
Module A first.

External relations law of the European Union

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

Module A [LWM55A]

Constitutional foundations

European Union and European Community legal order

International legal personality

Express competence

Implied competence

Module B [LWM55B] 

International law and European Community law

Negotiation, conclusion and implementation of international agreements

Mixed agreements

Effects of international law in European Community legal order

Relationship between World Trade Organisation and European Community law

Module C [LWM55C]

External economic relations

Autonomous measures - Common Commercial policy

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

European neighbourhood policy

Module D [LWM55D]

External political relations

Common Foreign and Security Policy, including Common Security and Defence Policy

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

Sequence:
Module A first.

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

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

Human rights of women

Module A [LWM19A]

Is the theory underlying human rights law male?

Introduction to Human Rights, what is Human Rights law?

Analysis of the history and philosophy of Human Rights discourse.

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

Module B [LWM19B]

Feminist critiques of human rights

Feminist theories and critiques of Human Rights law.

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

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

Module C [LWM19C]

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

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

International Courts, human rights and humanitarian law.

Module D [LWM19D]

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

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

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

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

Reconnecting feminist legal theory to the Human Rights of women.

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

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

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

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 merger control

Module A: [LWM57A]

Introduction to merger control

Concepts and ideas

Economic analysis and market definition

The regulation of merger operations

Multinational enterprises and their concerns

Module B: [LWM57B]

Merger control regimes 1

European Community merger control

European Economic Area merger control

United States merger control

Module C: [LWM57C]

Merger control regimes 2

United Kingdom merger control

Merger control in Germany

Merger control in Canada

Australian merger control

Module D: [LWM57D]

Unilateral, bilateral and multilateral merger control strategies

Unilateral strategy: the doctrine of extraterritoriality

Bilateral strategy

Multilateral strategy

International organisations and bodies.

Sequence:
Module A first.

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

Jurisprudence and legal theory

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

The double modules can be attempted in either order.

Double section A/B: [LWM7AB]

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: [LWM7CD]

Liberty, equality and law

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

Sequence:
Either first.

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

Law and policy of international courts and tribunals

Module A: [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

Legislation and statutory interpretation

Module A: [LWM79A]

Introduction to legislation

Legislation as a tool for regulation

Nature and types of legislation

Geographical extent of legislation

Temporal extent of legislation

Supranational legislation

Module B: [LWM79B]

Making legislation

Policy process

Legislative process

Drafting process

Legislative impact assessment

Module C: [LWM79C]

Statutory interpretation

Interpretation of legislation

Literal rule

Mischief rule

Purposive rule

Presumptions and maxims of interpretation

Module D: [LWM79D]

Tests for quality of legislation

Rule of law test

Human rights and constitutionality test

Good law test

Functionality test – effectiveness

Sequence:
Module A must be attempted before Module B

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

Helen Xanthaki, Drafting legislation: art and technology of rules for regulation. (Oxford: Hart Publishers, 2014), ISBN: 9781849464284

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

Telecommunications law

Module A [LWM48A]

The purpose and experience of telecommunications regulation

Telecommunications law: introduction

Evolution of telecommunications regulation: models of regulation and market structures

Technology: a foundation

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

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

Module B [LWM48B]

Telecommunications liberalization in Europe

The European Union institutions and sources of law

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

Liberalisation and harmonisation: from opening the market to full competition

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

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

Access and interconnection

Universal service

Telecommunications privacy

Module C [LWM48C]

Telecommunications contracts

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

Mobile agreements

Telecommunications outsourcing contracts

Consumer contracts and protection

Module D [LWM48D]

Telecommunications: the international view

United States telecommunications law and regulation

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

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

Regulatory issues in developing markets

The Asian experience

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

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

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.