Law

The following modules are available to incoming Study Abroad students interested in Law.

Alternatively you may return to the complete list of Study Abroad Subject Areas.

LAW.104x: Criminal Law

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant. Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available:
    • Michaelmas Term Only variant
    • NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.
  • US Credits: Full Year  - 8 US Semester credits Michaelmas Term  only – 4 US Semester credits
  • ECTS Credits: Full Year - 16 ECTS credits Michaelmas Term only – 8 ECTS credits

Course Description

Criminal Law may be defined as a body of rules concerned with the prevention and punishment of acts and omissions deemed to be public wrongs. This course introduces students to and conducts a broad investigation of the body of rules that make up Criminal Law. However, as Criminal Law is more than a body of rules, the course adopts a contextual approach to an understanding of the substantive law and of issues over how criminal responsibility is constructed and ascribed. As such, the course examines not only the general principles of Criminal Law but also selected major offences. It considers the nature, structure, aims and functions of Criminal Law while paying particular attention to the constituent elements of offences against the person and property. The course addresses key concepts of Criminal Law including the actus reus element - the requirement for a criminal act or omission - and the mens rea element - the culpable mental state. It also examines such matters as conceptions of harm; causation and criminal liability; accomplice liability and inchoate criminality (attempt, conspiracy and incitement); homicide; non-fatal offences against the person; sexuality and the enforcement of morality; theft and deception offences; and general defences.

Educational Aims

On successful completion of this module students will be able to:

  • understand and describe the practices of criminal law
  • understand and discuss the basic judicial concepts associated with criminal responsibility
  • analyse the various contexts in which criminal law is practised
  • assess the aims and methods of criminal law
  • recognise and understand the major offences against the person and property
  • apply the knowledge and understanding acquired in the module to criminal law problem questions

Outline Syllabus

The syllabus is constructed around the professional requirements set by the Law Society and Bar Council. The common law and statutory aspects of each subject area will be examined from a range of perspectives, incorporating in particular, black letter, socio-legal and feminist approaches to assess when and how criminal liability arises in relation to the elements required to impose criminal liability generally and in relation to each specific area of crime.

  • Actus Reus (guilty act), including the law relating to causation and omission.
  • Mens Rea (guilty mind), distinctions between intention and motive as the basis for criminal liability will be discussed.
  • Homicide, to encompass murder, manslaughter and relevant defences such as provocation and diminished responsibility.
  • Non-fatal Offences Against the Person, including statutory and common assault and battery.
  • Sexual Offences, specifically, rape and sexual assault as defined inter alia by the Sexual Offences Act 2003.
  • Defences, including mistake, self-defence and duress.
  • Complicity and the law governing the criminal liability of accomplices.
  • Property Offences, specifically theft and deception as defined in the Theft Acts of 1968 and 1978 and additional offences outside of this legislation.

Assessment Proportions

Full Year Varient:

  • Exam: 70%
  • Test: 30%

Michaelmas Term only Varient:

  • Coursework 100%

LAW.202x: Land Law

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available:
    • Michaelmas Term only variant
    • NOT: If you are studying with us for a Full Academic Year, you must select the Full Year variant
  • US Credits: Full Year - 8 semester credits Michaelmas Term only – 4 semester credits
  • ECTS Credits: Full Year - 16 ECTS credits Michaelmas Term only – 8 ECTS credits
  • Pre-requisites: Students must have permission from the Module Convenor before enrolling on this module.

Course Description

This course aims to locate the subject within its broad historical context and process of development. It aims to introduce students to basic themes, concets and issues in land law inlcuding different possible conceptions of the nature of land, its posession and ownership. It also aims to consider the potential for reform and future development of land law. It aims to cover: Fixtures and Chattels; Three dimensions of land; Adverse posession; Registered and Unregistered Land; Co-ownership and trusts of land Mortgages; Leases; Easements: Restrictive covenants.

Assessment Proportions

  • Full Year:

Coursework: 50%

Exam: 50%

  • Michaelmas Term only variant:

Coursework : 100%

LAW.213x: Public Law

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available:
    • Michaelmas Term only variant
    • NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.
  • US Credits: Full Year – 8 US semester credits Michaelmas Term only - 4 US Semester Credits
  • ECTS Credits: Full Year – 16 ECTS credits Michaelmas Term only - 8 ECTS Credits

Course Description

The module will encompass Constitutional Law along with an introduction to Administrative Law and Human Rights and Civil Liberties in the UK.

Key themes in the course are power and the control of power by legal and political mechanisms, inter-institutional tension and conflict, the role and place of the citizen/subject, and the development of constitutions and constitutional thought. The indicative syllabus might include:

Introduction to British Constitution; Separation of Powers; Rule of Law; Parliamentary Sovereignty; Development of Parliament; Government and the Executive; the Judiciary and Judicial Independence; Administrative Law and Tribunals; Inquiries and Ombudsmen; Human Rights, Civil Liberties and Policing.

Assessment Proportions

Full Year:

Coursework : 25%

Exam: 75%

Michaelmas Term only variant:

Coursework: 100%

LAW.224: Law of Torts

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available: Michaelmas Term only variant
  • US Credits: Full Year - 8 US semester credits Michaelmas Term only – 4 US semester credits
  • ECTS Credits: Full Year - 16 ECTS credits Michaelmas Term only – 8 ECTS

Course Description

This module aims to cover:

  • Introduction to Torts
  • - Textbooks etc
  • - Torts within the civil law
  • - Key Torts and tort principles (ie, array of torts and other major rules of tort law)
  • Intentional Tortfeasance: Trespass to the Person and related Torts
  • - Battery, assault, false imprisonment, and harassment.
  • - Defences to these torts
  • Negligent Tortfeasance
  • - Negligence 1: basic principles of duty of care.
  • - Negligence 2: duty of care: special cases of psychiatric harm and pure economic loss.
  • - Negligence 3: breach of duty; causation and remoteness of damage.
  • Torts of Strict(er) Liability
  • - Nuisance
  • - The rule in Rylands v Fletcher
  • Vicarious Liability and Non-delegable Duties
  • - Vicarious liability
  • - Non-delegable duties
  • Defences and Remedies
  • - Defences
  • - Remedies

Assessment Proportions

Full Year:

2,500 word coursework (20%),

Multiple Choice Question Test (20%),

Exam (60%)

Michaelmas Term only variant:

Coursework (100%)

LAW.225: Human Rights and Civil Liberties

  • Terms Taught: Michaelmas Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

The course adopts a critical and contextual approach to the subject of civil liberties and human rights within the context of the European human rights regime. It explores the theoretical foundations for the existence of freedoms and rights; the legal mechanisms through which freedoms and rights are secured and protected; and the justifiable limitations on freedoms and rights. Additionally, students will examine the legal protection offered by domestic law and, where appropriate, other sources of law. Specific areas will be considered, such as the freedom of expression, freedom of thought and religious belief, the right to life, and the prohibition of torture.

Assessment Proportions

Coursework: 50% (2,500 word essay)

Exam: 50% (2h 10m unseen exam)

Michaelmas Term only:

Coursework 100%

LAW.227: Jurisprudence

  • Terms Taught: Lent Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits
  • Pre-requisites: None

Course Description

The aims of this module are: To introduce students to the fundamental questions of jurisprudence; to appreciate the different approaches these questions entail; to become familiar with the particular approaches through which jurisprudential arguments are presented; to place this diversity of answers within their social, political and historical context.

Assessment Proportions

  • Coursework: 50%
  • Exam: 50%

LAW.230: Principles of Employment Law

  • Terms Taught: Michaelmas Term Only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

The course aims too give an understanding of how the law regulates employment relationships within the context of the British industrial relations system. The syllabus may include, but not be limited to;

  • The development of Employment Law;
  • Sources and institutions of Employment Law;
  • Employment Law and human rights;
  • The Employment Relationship;
  • The role of the ‘contract of employment’;
  • Formation of the relationship;
  • Discipline and Termination of Employment;
  • Statutory protection from dismissal;
  • Redundancy;
  • Unfair dismissal.

Assessment Proportions

  • Coursework: 100%

LAW.235: Forgotten Trials of the Holocaust

  • Terms Taught: Lent Term Only
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits
  • Pre-requisites: None

Course Description

This module considers ten “forgotten trials” of the Holocaust. The selection is made from the substantial number of war crimes trials that have been carried outi n the post-WWII period. The module reflects on the crimes that were at play (war crimes/crimes against humanity/genocide). The syllabus draws particular attention to the way in which national prosecutors approached the charge of conspiracy to murder and how perpetrators of the Holocaust were dealt with in courtrooms around the world, revealing the way different legal systems responded to the atrocities. Finally, the module explores the role of eyewitness testimony and incriminating documents and maps out the way that public memory of the Holocaust was formed over time.

Assessment Proportions

Coursework: 100%

LAW.237: Principles of Commercial Law

  • Terms Taught:
    • Full Year course
    • NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available:
    • Michaelmas Term only variant
    • NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant. Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • US Credits:
    • Full Year -  8 US Semester credits
    • Michaelmas Term only – 4 US semester credits
  • ECTS Credits:   Full Year: 16 ECTS credits   Michaelmas Term only – 8 ECTS
  • Pre-requisites: Previous study of Contract Law and Tort Law, or Commercial Law is essential. Students interested in taking this module must schedule a meeting with the Module Convenor to seek permission to enrol.  

Course Description

Principles of Commercial Law offers an excellent grounding in the rules and regulations governing trade and commerce. Business is a dynamic and ever-evolving sphere so commercial law has to adapt to ensure that it is responding to the needs of the business community. Our teaching accurately reflects this by focusing on contemporary areas of commercial activity.

We cover both domestic and international transactions and provide you with a holistic picture of the lifespan of commercial transactions. Topics include:

  • the evolution of commercial law
  • business organisations
  • law of agency
  • sale and bailment of goods
  • carriage of goods by sea
  • methods of payment
  • insolvency
  • commercial dispute resolution

You will be taught by research-active lecturers who will expertly bridge the gap between law in books and law in practice. They will use evidence from their own research and their practice-driven experience to deepen your perspective and understanding.

Educational Aims

On successful completion of this module students will be able to:

  • Identify various subject areas within the broad spectrum of commercial law;
  • Demonstrate an understanding of the relationship between different subject areas within commercial law;
  • Demonstrate an understanding of the practical implications of various commercial law principles;
  • Identify aspects of commercial law that require reform and make proposals for such reform; and
  • Adopt an analytical and critical approach to commercial law issues.

Outline Syllabus

Topics studied will typically include:

  • Evolution of Commercial Law in the UK
  • The Law of Agency
  • Sale and Bailment of Goods
  • Carriage of Goods by Sea
  • Methods of Payment
  • Insolvency
  • Commercial Dispute Resolution

Assessment Proportions

Full Year:

Coursework (50%)

Exam (50%)

Michaelmas Term only:

Coursework (100%)

LAW.240: Family Law

  • Terms Taught: Lent Term only
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

The module aims to introduce students to a collection of laws as they impact upon the family as a unit and upon the individuals within a familial group. It will help you to develop a critical approach to the law in this area, and takes law as an object of study and examines how family relationships are understood in that context. The course will also develop students' ability to explain, analyse and evaluate the legal rules, concepts and values governing and regulating intimate or domestic relationships.

Locate the development of the law, including the institutions and procedures, within a broader historical, demographic and social context. Assumptions about family law will be tested and challenged. The module will promote awareness of the implications for family law of the incorporation of the European Convention on Human Rights into the UK. It will also examine the relationship between families and the state, the interface between family law and family policy, the roles of individuals within families, and various theoretical perspectives on family law.

Assessment Proportions

Exam (85%)

Multiple Choice Test (15%)

LAW.257x: International Law

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available: Michaelmas Term only variant. NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.    
  • US Credits: Full Year - 8 US Semester Credits Michaelmas Term only – 4 US semester credits
  • ECTS Credits: Full Year -  16 ECTS Credits Michaelmas Term only – 8 ECTS credits
  • Pre-requisites: None

Course Description

The aims of this module are to give an introduction to the central elements of public international law. The topics should give students a basic knowledge of how international law works, its foundations, principles, as well as an understanding of its shortcomings and challentes. The areas introduced will cover different aspects of international law and should enable the students to identify legal issues in current international affairs. Specific areas covered are: the nature of the international legal system; the sources and subjects of international law; international law’s interaction with domestic law; jurisdiction; state responsibility; different territorial regimes; the environment; use of force; the laws of armed conflict; international crimes and other relevant aspects of international law.

Assessment Proportions

Full Year:

Coursework: 50%

Exam: 50%

Michaelmas Term only:

Coursework (100%)

LAW.261x: EU Law

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available: Michaelmas Term only variant NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • US Credits: Full Year -  8 US Semester Credits Michaelmas Term only – 4 US semester credits
  • ECTS Credits: Full Year -  16 ECTS Credits Michaelmas Term only – 8 ECTS credits
  • Pre-requisites: None

Course Description

This module aims to give students a foundational knowledge of the creation and constitution of the European Union; to develop an understanding of the EU institutions; to develop an understanding of the public law of the EU; to understand the impact of the EU legal order on the domestic legal orders of the Member States, and interrelationship between legal orders operating at different levels.

Assessment Proportions

Full Year:

Coursework: 50%

Exam: 50%

Michaelmas Term only:

Coursework (100%)

LAW.264: Lawyers and Society

  • Terms Taught: Michaelmas term only
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits
  • Pre-requisites: None

Course Description

The legal profession and legal services are currently experiencing major changes as a result of commercialisation, changes in the funding landscape, inter and intra professional competition, globalisation, the culture of human rights, pressure to improve access to justice, the intensification of conflicts of interest, the impact of information technology, the changing character of legal work.

Accordingly, this course provides a critical examination of the development, current state and likely future shape of the legal profession. It considers the ways in which lawyers can work constructively or transformatively for the portrayal of lawyers in popular culture, lawyer-client interaction, and the ethics of lawyering.

Assessment Proportions

Full Year:

Coursework: 50%

Exam: 50%

Michaelmas Term Only Students:Coursework: 100%

LAW.300: Health Care Law and Ethics

  • Terms Taught: Full Year course   NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.  
  • Also Available: Terms Taught:  Full Year - 8 US Semester Credits Michaelmas Term only  4 US semester credits NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.  
  • US Credits: Full Year - 8 US Semester Credits Michaelmas Term only – 4 US semester credits
  • ECTS Credits: Full Year -16 ECTS Credits Michaelmas Term only – 8 ECTS credits
  • Pre-requisites: None

Course Description

This course introduces you to the underlying conceptual framework and basic principles of health care law and ethics. You will use your understanding of these foundational issues through exploring specific and complex areas of health care law and practice, from medico-legal and ethical perspectives. The chosen areas will reflect current medical advances and the developing nature of medical and ethical practice.

Assessment Proportions

Full Year:

Coursework (55%) OR Exam (55%) in Summer Term

Multiple Choice Test at end of Michaelmas Term: 15%

Assessed presentation and bibliography at end of Lent Term (30%)

Michaelmas Term only:

Coursework (100%)

Michaelmas Term only:

Multiple Choice Question Test (15%)

Coursework (85%)

LAW.303x: Law and Religion

  • Terms Taught: Lent term only
  • US Credits: 4 semester credits
  • ECTS Credits: 8 ECTS
  • Pre-requisites: None

Course Description

Religion in the 21st century continues to attract and engage the attention of the government, parliament and the courts, as it has done throughout English legal history. The Law and Religion module introduces students to the laws which regulate religion and belief in the UK, and assesses the way in which law and religion presently interact in the UK. Students taking this module will: 1) Critically assesses the relationship between law and religion in the UK both historically and in the modern context 2) Explore the extent to which English law accommodates religious belief and religious practice 3) Compare and contrast the English model of religious accommodation with models adopted in European jurisdictions . The syllabus will cover the following topics: Introduction to Law and Religion; The Role of Religion in the Development of the Law; Legal Definitions of Religion; The Established Status of the Church of England; The Legal Position of Religious Organisations; Human Rights and Religious Freedom; Religion and Discrimination Law; Religious Offences; Religion in Schools; Religious Tribunals; Systems of Religious Law.

Assessment Proportions

Exam: 100% (Section A seen questions, section B unseen questions)

LAW.311: Responses to Massive Human Rights Violations

  • Terms Taught: Lent Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

This course assesses the legal, practical, political and moral issues involved in using national and international courts, truth and justice commissions, and other techniques of ‘transitional justice’ to pursue accountability for massive human rights violations by states and individuals. It will draw together disparate materials in law, politics, history and philosophy to provide a vital window on the development and current health of the international human rights movement. It will illuminate the extent to which “human rights have penetrated the legal armour of the sovereign state”, whether international human rights law has delivered on its promises and whether the goal of global justice is an impossible dream.

Assessment Proportions

  • Coursework (4,000 words) : 100%

LAW.313: Intellectual Property Law and Policy

  • Terms Taught: Lent Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

Intellectual property law is the umbrella term relating to the legal protection of intangibles through, for examples, copyright, patents and trademarks. Its study is strongly related to societal creativity and innovation.

This course focuses mainly upon copyright law and the law relating to patents. It takes a contextual and historical approach, which requires an assessment of how the law can create a balance between rights holders and society as a whole.

We will study how principles which were created to protect religious books can now be applied to a film or a musical sample. A strong theme will be the challenges and opportunities presented by the growth of the Internet and its accompanying political dimension.

In the second half of the course looking at patents we will be looking at the current national, regional and international legal frameworks which govern patents. We will also look in more depth at some recent developments on human embryo stem cell patenting and employee remuneration.

Assessment Proportions

3,500 word coursework (100%) OR 2 hour seen exam (100%).

LAW.316: Immigration and Asylum Law

  • Terms Taught: Michaelmas Term only.
  • US Credits: 4 semester credits
  • ECTS Credits: 8 ECTS
  • Pre-requisites: Previous study (or knowledge of) Public Law is desirable

Course Description

This course introduces students to the principles of UK immigration and asylum law. Asylum is a subject seldom out of the press and it has received unprecedented political attention in the last decade. Given that immigration is now such a wide subject, with seven major new statutes in the last decade, students will only be introduced to selected highlights and the course will focus mainly on the asylum process. Consideration of the general issues is developed through the study of particular topics such as the nature of an asylum claim; the link between human rights and asylum; immigration detention; the foreign prisoner crisis and deportation. Please note that students will be required independently to visit the Asylum and Immigration Tribunal prior to or in the first two weeks of the course and that the coursework essay is based on student choice of title and not a set title.

Students are expected to make an independent visit to the Immigration tribunal in Manchester as part of this module.

Assessment Proportions

Coursework: 50%

Exam: 50%

Michaelmas Term Only Students:

Coursework: 100%

LAW.319: Competition Law

  • Terms Taught: Michaelmas Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

The Competition Law module is designed to give you a good grounding in contemporary competition law and the economics and policy which underlie it. The main focus will be on EU and UK competition law, but reference will also be made to US and Australian law where it provides a useful counterpoint.

The course will examine the way in which antitrust and behavioural economics interact and inform the development of competition law and policy. The main EU antitrust provisions, their UK counterparts, and the merger control regimes in the EU and UK will be covered. The module will cover the basic provisions but special focus will be given to areas of controversy or recent reform. The way in which the law is enforced will also be given special consideration.

Assessment Proportions

Full Year Students:

Coursework: 40%

Exam: 60%

Michaelmas Term Only Students:

Coursework: 100%

LAW.334: Company Law

  • Terms Taught: Full Year course.
  • Also Available:
    • Michaelmas Term only variant
    • NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant
  • US Credits: Full Year- 8 US Semester Credits Michaelmas Term only – 4 US semester credits
  • ECTS Credits: Full Year -16 ECTS Credits Michaelmas Term only – 8 ECTS credits

Course Description

The company law course covers the key areas of company law from incorporation to insolvency including corporate personality and piercing the corporate veil, the company’s constitution, contracts and companies, directors’ duties and minority shareholder protection. Also covered is the law relating to share and loan capital and company charges leading into the administration procedure and other insolvency regimes. Relevant theories relating to the corporation and its role in society generally are considered.

Assessment Proportions

  • Full Year:

Coursework: 50%

Exam: 50%

  • Michaelmas Term only:

Coursework (100%)

LAW.335: Evidence

  • Terms Taught: Lent Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits
  • Pre-requisites: LAW.104x is recommended

Course Description

This course introduces students to the principles of the law of evidence in criminal cases. It also introduces students to the nature and theory of proof.

These general issues are developed through the study of particular topics such as:

  • the burden and standard of proof;
  • confessions and illegally obtained evidence;
  • disputed identification evidence and other warnings to the jury;
  • hearsay;
  • the credibility of witnesses and bad character evidence.

Assessment Proportions

  • Coursework: 50%
  • Exam: 50%

LAW.336: Private International Law

  • Terms Taught: Full Year course NOTE: If you are studying with us for a Full Academic Year, you must select the Full Year variant.  Students studying with us for the Michaelmas Term only should select the Michaelmas Term only variant.
  • Also Available: Michaelmas Term only variant
  • US Credits:   Full Year - 8 US Semester Credits Michaelmas Term only – 4 US semester credits
  • ECTS Credits:   Full Year - 16 ECTS Credits Michaelmas Term only – 8 ECTS credits
  • Pre-requisites: Students interested in taking this module must schedule a meeting with the Module Convenor to seek permission to enrol.

Course Description

This module covers the conditions under which an English court has jurisdiction to deal with a case having a foreign element (international jurisdiction); which particular municipal system of law is to govern the rights of the parties in such a case (choice of law); the circumstances in which a foreign judgment will be recognised as decisive of the question in dispute by the English court and the methods by which such a judgment may be enforced in England (recognition and enforcement of foreign judgments).

Assessment Proportions

Full Year Students:

Coursework: 25%

Exam: 75%

Michaelmas Term only Students:

Coursework: 100%

LAW.337: International Human Rights Law

  • Terms Taught: Lent Term
  • US Credits: 4 Semester Credits
  • ECTS Credits: 8 ECTS Credits

Course Description

This course will introduce you to the field of international human rights law. The course will provide you with an overview of the historical and philosophical foundations of human rights, various substantive rights that are protected through universal and regional instruments, as well as giving a general introduction to the international mechanisms for human rights protection and promotion. The course aims to provide the student with both substantive and procedural knowledge of human rights protection, as well as knowledge and understanding of some of the key contemporary challenges in international human rights law. The indicative syllabus will cover a variety of substantive topics in terms of current human rights standards. This will partly be a study of international treaties, such as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, and partly be the study of specific protection for vulnerable groups, such as minorities and women as well as current issues in human rights law such as poverty, non-state actors and conflict. The way in which local and global political and social structures influence the enjoyment of human rights will also be addressed.

Assessment Proportions

4,000 word take-home open book EXAM (100%) UNDER REVIEW for 2018/19, to be confirmed in due course.

LAW.340: Law and Principles of Taxation

  • Terms Taught: Michaelmas
  • US Credits: 4 US Semester credits
  • ECTS Credits: 8 ECTS Credits

Course Description

The aim of this module is to examine the current law of taxation as it applies to England and Wales. This module will also consider wider aspects of taxation such as the overarching principles that form the foundations of Tax Law. On successful completion of this module students will have an understanding of the principles of Tax Law, its foundations, and its shortcomings and challenges. The topics covered in this course will provide students with a knowledge of the key domestic taxes in England and Wales, a number of which they will come across in their day to day life. Students will be able to identify and engage with key issues of Tax Law. Specific areas covered are: principles of tax law; inheritance tax; corporation tax; VAT; and capital gains tax.

Assessment Proportions

Full Year Students:

This module will be assessed in two ways:

  1. A written assessment which takes the form of a take home time limited exam to be issued in the last week of the course. Students will have 48 hours to answer one essay-style question and will be given a choice of three questions. The question must be answered within a word limit of 2,000 words. This will be worth 50% of the mark for the module.

  2. A conventional scheduled exam in the main exam period. This exam will be one hour in length and students will be required to answer one question out of a selection of questions. This exam will consist of problem question style answers and students will be provided with a choice of three questions. This will be worth 50% of the mark for the module.

Michaelmas Term Only Students:

Coursework: 100%

LL.M5119: Intellectual Property Law

  • Terms Taught: Lent Term only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites:
    • Must have completed 3 years undergraduate study in Law or Law related subject
    • Must have undertaken a course of study in intellectual property law (either in relation to a national jurisdiction, or with an international focus) at undergraduate level.

Course Description

This module aims to provide students with the opportunity to consider and discuss critically a range of ethical and legal issues applicable to global health; threats to global health and international markets in organs/tissues; express their understanding of legal and philosophical definitions of health rights and how they are related; apply their understanding of abstract theoretical issues to real life examples; critically discuss the various and current governance debates about commodification of tissues treatment, health tourism, the adjudication of health care rights and the reconceptualisation of public health; and reflect in a rigorous way upon the advantages and limitations of plural systems of norm and law production at an international level legislation. The module will provide students with a working knowledge of key points of theoretical literature, legal and policy documents, and require students to deploy skills in legal research and advocacy, and to formulate ideas and insights both in written and oral presentations and in discussion.

Educational Aims

To provide an introductory but in-depth coverage of the main areas of intellectual property law, and some of the current issues generated by technological innovation, especially in communications, information, and biotechnology. At the end of the course students will have a sound grasp of the subject (through the seminars and individual readings) and will be able to carry out a sustained piece of original research on a selected topic within it.

Outline Syllabus

  • History and basic principles of intellectual property. The nature of IP rights and their enforcement. General and Sui Generis Rights (e.g. plant varieties).

  • Patents: A. History and international arrangements; B. Application, grant, and content; C. Criteria of validity and scope of monopoly; D. Exploitation, including licensing.

  • Property rights and the regulation of competition.

  • Confidential information, know-how and trade secrets.

  • Copyright and designs. A. History, principles and international arrangements; B. Subject-matter, form and protection; C. Exceptions and special cases; D. Infringement and moral rights; E. Exploitation.

  • Trade marks, brands and proprietary signifiers.

Assessment Proportions

  • Coursework: 100%

LL.M5120: Corporate Governance

  • Terms Taught: Michaelmas Term only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module provides an introductory but in-depth coverage of the main areas of English law and practice relating to Corporate Governance against the background of company law theory, the "stakeholder debate", comparative corporate law, regulation, globalisation and human rights.

Comparative reference will be made where appropriate to relevant parts of the law in Continental Europe, the USA, Australia, Canada, China and New Zealand. The significance of the European Convention on Human Rights and international law will also be considered. By the end of the course students should have a sound grasp through the seminars and readings of the major legal regimes governing corporate governance and the central questions and debates arising from corporate governance.

Outline Syllabus

Defining the concept of corporate governance. Emergence of corporate governance as an important issue. Corporate governance in the context of debates about company law theory.

  • Overview of key corporate governance matters.

  • The Board of Directors. The structure and function of the board (in general).

  • Executive pay. Essential components (salary, share options etc.).

  • Shareholders. Significance of institutional investors in UK capital markets.

  • Self-Regulation. Assessing the advantages and disadvantages of the current regime.

  • Stakeholders. Identifying stakeholders. The current legal regime.

  • Comparative corporate governance. Overview of corporate governance in different countries.

  • The rise of the transnational regulation of corporate governance and the impact of human rights.

Assessment Proportions

  • Coursework: 100%

LL.M5201: Current Issues in European Union Law

  • Terms Taught: Michaelmas Term only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

An introduction to the basic law and institutions of the EU and the Single Market. It covers the principles of EU law and its relation to national law and the nature of EU and EU institutions; the freedom of movement of goods, persons, services and capital; the principle of mutual recognition and the basis of EU regulation of business; EU competition law covering restrictive agreements and mergers/acquisitions and its relation to national laws.

Assessment Proportions

  • Coursework: 100%

LL.M5205: International Law

  • Terms Taught: Michaelmas term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

The module provides an introduction to fundamental principles and concepts of public international law, and to some current international legal topics. It covers the nature and sources of international law, its relationship to national law, statehood and self-determination, jurisdiction, immunities, state responsibility, dispute settlement and use of force. The topics introduced cover examples of how international law works in practice and provide an assessment of its shortcomings and challenges. The module is aimed at providing the sufficient background for students to be able to study specific areas of international law in depth.

Outline Syllabus

  • Law in International Society
  • Sources and subjects of International Law
  • The interaction of International and Internal Law
  • International Agreements, Institutions and Regimes
  • Statehood: Self-determination, Recognition and Succession
  • Territoriality, Sovereignty and Jurisdiction
  • State responsibility and treatment of aliens
  • Law of the sea and marine resources
  • International environmental law

Assessment Proportions

  • Coursework: 100%

LL.M5207: International Business Law and Institutions

  • Terms Taught: Michaelmas Term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This focuses on the international legal and institutional framework for the regulation of transnational business, and analyse the nature of legal and regulatory arrangements as they operate in the international business environment. National laws affecting international investment and their regulation under international law. Forms of international law affecting transnational business (bilateral and miltlateral treaties, codes of conduct, decisions of international organisations.) The basic principles of GATT, and the structure and role of the World Trade Organisation (WTO), and its relationship to other areas of global regulation affecting business, especially health and environmental protection, and product standards. International aspects of intellectual property rights. Regulatory aspects of the internationalisation of services, especially financial services.

Educational Aims

On successful completion of this module students will be able to:

  • Understand the legal and institutional environments of international business activities;
  • Approach issues of international business law like an international business lawyer, engaging in sophisticated legal and policy analysis of complex international trade and investment issues;
  • Appreciate the purpose and functions of the WTO and demonstrate familiarity with its rules and jurisprudence;
  • Appreciate the interrelationship between international trade and investment and other non-economic societal values and interests such as protection of environment and promotion of human rights.

Outline Syllabus

  • The Evolution of International Trade Regime: Law, Policy and Institutions
  • The WTO Core Principles: Most-Favoured Nation and National Treatment
  • General Exceptions: Balancing Trade liberalization and Non-Economic Societal Values
  • Preferential Trade Agreements
  • Product Standards, Trade and the WTO: The TBT and SPS Agreement
  • Fair Trade: Antidumping and Countervailing Duties
  • Trade-related Aspects of Intellectual Property Rights (I)
  • Trade-related Aspects of Intellectual Property Rights (II)
  • An Introduction to International Investment Law
  • Investment Treaty Arbitration

Assessment Proportions

  • Coursework: 100%

LL.M5212: International Environmental Law

  • Terms Taught: Lent Term Only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module aims to study the development of international environmental concerns and the "greening" of International Law; International legal responses towards the preservation of the species and eco-systems, the conservation of energy and environmentally sustainable industrial process; International Conventions and Protocols in relation to the environment; the relationship of International Law and European Union law concerning the environment and its future development.

Assessment Proportions

  • Coursework: 100%

LL.M5213: International Human Rights Law

  • Terms Taught: Michaelmas term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module will introduce various theories of human rights, including those of Natural law, positivism, universalism and cultural relativism. Further, this module provides an overview of the various rights protected through international instruments, as well as giving a general introduction to the regional and universal systems for human rights promotion. The course gives special emphasis to the UN human rights system and to the European Convention on Human Rights. The issues will be addressed in a manner which will be accessible to students with a law background or a social science background, although all will be expected to have some knowledge of international law.

Outline Syllabus

  • Introduction-foundation of human rights and international human rights law - a philosophical/political/legal overview.
  • Civil and political human rights.
  • Economic, social and cultural rights.
  • State obligations - rights justifiability.
  • The UN human rights system: The Charter based protection.
  • The UN human rights system: The Convention based protection.
  • The European Convention on Human Rights: Application
  • The European Convention on Human Rights: Case Law
  • Other regional human rights systems
  • NGOs and other non-state in Human Rights protection.

Assessment Proportions

  • Coursework: 100%

LL.M5215: International Terrorism and the Law

  • Terms Taught: Lent Term Only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

The main objectives of this module are to present the fundamental concepts, theories, and background information pertaining to terrorism, as well as the international community's and national responses through legal instruments. The module seeks to examine the contemporary challenges of terrorism that confront the international community. To achieve this, the course is designed as a survey of relevant issues with the aim to present a complete coverage as possible. Case studies will be selected to demonstrate certain trends and global developments with respect to terrorism. The module will adopt a cross-disciplinary approach, and undertake a general examination of the legal, socio-economic, political, and cultural structures of global society. The course seeks to strike a balance between these general and specific approaches.

Educational Aims

By the end of the module the students should be able to:

  • understand the fundamental concepts, theories, and background information pertaining to terrorism
  • identify key international legal instruments, as well as relevant national legislation, with regards to combating terrorism
  • assess critically the contemporary challenges that terrorism poses
  • evaluate critically the arguments and evidence employed in the debates surrounding the tension between anti- and counter-terrorist legislation and civil liberties
  • identify and locate relevant primary and secondary sources of law and analyse them in light of relevant international human rights law theory and methods
  • interpret, evaluate, and apply case law from international human rights courts and national courts
  • conduct research and produce assessed work displaying originality in the application of knowledge and a practical understanding of the techniques of research in the areas selected
  • analyse and evaluate the relevance of primary and secondary source material, including legal instruments, judicial reasoning and scholarly writings
  • apply the law to case studies or to new developments
  • present oral arguments, based on research for seminar discussion, to peers and tutors
  • demonstrate a range of independent skills, including the exercise of initiative and personal responsibility, time management skills, problem-solving skills and IT skills
  • formulate research topics and strategies and conduct research using conventions applicable to scholarly writing in both international law and international relations
  • complete satisfactorily a substantial piece of research writing
  • demonstrate independent study and research skills

Outline Syllabus

  • Analysis of the tension between anti- and counter-terrorist legal instruments and civil liberties and human rights (such as, detention, extradition, surveillance, and access to lawyers)
  • Assessment of the extent to which national courts and international judicial bodies will facilitate the protection civil liberties under threat (namely, cases before the European Court of Human Rights, UK courts, US courts, as well as other jurisdictions)
  • Examination of how terrorism is financed and the practicality and efficacy of frustrating the flow of and tracking monetary transactions will be considered
  • Assessment of how the expanded investigative authority of law enforcement officials has impinged on civil liberties and how these procedures have been challenged in the courts
  • How terrorism may evolve in the future

Assessment Proportions

  • Coursework: 100%

LL.M5216: Insolvency Law

  • Terms Taught: Lent Term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module will provide students with the opportunity to study the fundamentals of insolvency law in the UK: this subject is rarely taught at undergraduate level in this country but is of growing social importance with the massive increase in insolvency in society. Both corporate and personal insolvency will be covered. A critical appraisal of the current UK insolvency institutions will be at the heart of the course. Students should be able to appraise critically UK insolvency law and be in a position to recommend reforms. The coverage of the EC regulation on insolvency proceedings will serve to raise awareness of a range of current EC commercial policies.

Educational Aims

On successful completion of this module students will be able to understand the fundamentals of UK insolvency law, and to critically assess the strengths and weaknesses of UK insolvency law.

In particular candidates must show an understanding of key principles, underlying policies, the merits/ demerits of the different insolvency regimes (both corporate and personal) and how insolvency law is seeking to cope with the problems posed by globalisation of business with the attendant upsurge in cross border insolvencies. Although the focus will be on how English law deals with financial distress the candidates will develop an understanding of how EC law is beginning to have an impact in this field.

Outline Syllabus

  • Introduction historical perspective and modern function of insolvency law
  • Secured and unsecured creditors
  • Personal insolvency (I) bankruptcy
  • Personal insolvency (II) individual voluntary arrangements and other mechanisms
  • Corporate insolvency (I) liquidations
  • Corporate insolvency (II) administration
  • Corporate insolvency (III) company voluntary arrangements and other regimes including receivership
  • Cross border insolvency regulatory strategies including EC Regulation on Insolvency Proceedings (1346/ 2000) and UNCITRAL Model Law on Cross Border Insolvency

Assessment Proportions

  • Coursework: 100%

LL.M5217: Corporations in International Business Law

  • Terms Taught: Lent term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module will provide students with the opportunity of being introduced to notions of corporate law as set against the context of a globalised economy. It will enable them to consider the view that national corporate is merely a service which international business can access if attractive to their needs. The pros and cons of such a perspective will be discussed. As part of the analysis candidates will be given the opportunity to examine the strengths and weaknesses of UK corporate law when measured against international standards.

Educational Aims

On successful completion of this module students will be able to understand the structure of UK corporate law and the relationship between the various corporate stakeholders, to appreciate the core components of any capitalist system of regulating companies, to relate UK corporate law to the needs of international business and to critically assess the strengths and weaknesses of UK corporate law with a view to identifying possible reforms.

Students will also be able to understand how the processes of globalisation put pressure on sovereign states to converge their systems of corporate law to avoid the risk of being seen as anti-competitive. Most important of all students should be able to answer the question why company law matters in a developed economy.

The course will further develop candidates understanding of the fundamentals of English law; in particular how statute law and case law interacts. An appreciation of the EC influence via the harmonisation programme will be developed.

Outline Syllabus

  • Introduction company law as a product race to the bottom harmonisation issues
  • Corporations and international groups legal responses
  • Share capital maintenance regulatory response to limited liability
  • Companies and the contracting process facilitation and corporate law
  • Overseas companies and foreign shareholders
  • Takeovers appropriate methods of regulation
  • Regulating capital markets insider dealing and market abuse
  • Shareholder protection comparative analysis
  • Company law reform

Assessment Proportions

  • Coursework: 100%

LL.M5220: The Rights of Peoples

  • Terms Taught: Lent Term Only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

The course seeks to familiarise students with the rights of peoples, minorities and indigenous peoples in international law. It will also consider the political aspects of these groups rights and the influence of nationalism on international law.

Educational Aims

On successful completion of the module students should be able to:

  • demonstrate a clear understanding of the legal concepts of people, minority and indigenous people and the inherent political and legal tensions in such categories.
  • show a clear appreciation of the doctrine of nationalism and its impact on international law both at a structural level and in terms of the law's legitimacy.
  • demonstrate a knowledge of the historical basis for the current law of self-determination in international law
  • develop a clear appreciation of the rights of peoples, minorities and indigenous peoples in international law and the relationship between these rights and other principles and political considerations, in particular, in the context of secession.
  • apply this knowledge and understanding in the process of analysing practical examples

Outline Syllabus

  • Basic concepts: Peoples, Minorities, Indigenous Peoples, Nations and Nationalism.
  • Different Peoples and their Rights.
  • Elements in the Right of Self-determination.
  • Minority Rights
  • The Rights of Indigenous Peoples.

Assessment Proportions

  • Coursework: 100%

LL.M5221: The Law of International Organisations and Institutions

  • Terms Taught: Lent Term Only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

The module seeks to familiarise the student with the concept of the international organisation and its rights and obligations under international law. The course will also examine the structure of international organisations, in terms of their organs, and the systems developed by different institutions.

Educational Aims

On successful completion of this module students will be able to:

  • demonstrate a clear understanding of the position of international organisations in international law, in terms of their rights and obligations, and, in particular, in terms of their personality.
  • show a clear appreciation of the structure of international organisations and the role of the different organs in such an institution.
  • demonstrate a clear knowledge of the different systems established by international organisations
  • critically analyse how these bodies interact with other subjects of international law

Outline Syllabus

  • The types and roles of international organisations.
  • The legal status of international organisations international legal personality.
  • Structure of international organisations the roles of the organs in international institutions.
  • The legislative and judicial functions of international organisations.
  • Case studies of individual international organisations.

Assessment Proportions

  • Coursework: 100%

LL.M5222: Tax Law

  • Terms Taught: Michaelmas Term
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject.

Course Description

The aim of this module is to examine the current law of taxation as it applies to England and Wales. On successful completion of this module you will have an understanding of the principles of Tax Law, its foundations, and its shortcomings and challenges. By using Problem-Based Learning, you will come to grips with how the taxes work in practice; as well as be able to identify the taxes from fictional legal scenarios. Specific areas are principles of tax law, inheritance tax; corporation tax; VAT; capital gains tax; international taxes and, environmental taxes.

Assessment Proportions

100% coursework

LL.M5231: Contracts and Companies

  • Terms Taught: Lent Term Only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module covers an important aspect of contracts in the business/commercial context, namely contracts and companies. The course will cover an introductory theoretical overview of the relationship of companies and contract and then explore the central issues relating to the constitution of companies and contracts. The core of the module deals with the legal and policy aspects of contracting by and with companies which is an essential element of a master's course on contract law.

Educational Aims

On successful completion of this module students will be able to:

  • Demonstrate detailed knowledge and understanding of the principal areas of the subject.
  • Demonstrate a knowledge and understanding of the relationship between the various parts of the subject.
  • Appreciate and critically asses the policy behind the law on the subject.
  • Demonstrate an awareness of how other legal systems have approached similar legal problems in the context of contracts and companies.
  • Demonstrate the capacity to solve legal problems arising in the field of contracts and companies using the existing rules, policy arguments, pragmatic considerations and relevant comparative approaches.

Outline Syllabus

Contract Theory:

  • Agency theory and 'Nexus of Contracts' approach to corporations, a general overview and critique.

The corporate constitution as contract:-

  • the statutory contract in the memorandum and articles
  • implications for members rights and alteration of articles and class rights
  • shareholders agreements
  • brief overview of enforcement and protection offered by company law.

Contracts made with promoters prior to incorporation:-

  • non liability of company on pre-incorporation contracts,
  • the presumption of personal liability for promoters (CA 2006, s51)
  • inability of company to ratify

Contractual capacity of companies:-

  • ultra vires rule
  • erosion of ultra vires rule (CA 2006, s39)
  • continued relevance of ultra vires rule for charitable companies and statutory corporations.

Authority of company officers to make binding contracts:-

  • common law rules(Turquand)
  • agency principles (Freeman Lockyer)
  • authority of company secretary
  • statutory validators (CA 2006, s40).

Contracts and overseas companies

  • contracts made with overseas companies which have not been properly registered.

Formal requirements for contracting with companies and other regulatory issues

  • company seal and execution processes (CA 2006 ss. 43-47)
  • company contracting with directors (e.g. CA 2006 ss 190-196).

Effect of corporate insolvency on on company contracts

  • termination clauses
  • continuity of contracts where no termination clause
  • avoidance of contracts by statutory avoidance provisions(eg IA 1986, ss. 127, 238)
  • disclaimer of onerous contracts by liquidators (IA 1986, s 178)
  • new contracts made by insolvency practitioners with counterparties

Assessment Proportions

  • Coursework: 100%

LL.M5234: International Commercial Arbitration

  • Terms Taught: Lent Term
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject.

Course Description

This module aims to enhance and develop your understanding of the fundamentals of cross border commercial arbitration. For this purpose, the law can be divided into three key elements: (i) Arbitral Jurisdiction and Arbitration Agreements including Applicable Laws (ii) International Arbitral Procedures (iii) Recognition and Enforcement of Arbitral Awards.

You will be encouraged to participate in discussion and analysis of academic literature and primary sources. Through engagement with this module, you will enhance your team-working abilities, develop independent research skills, critically analyse different kinds of sources, and improve your written and oral presentation skills.

Assessment Proportions

100% coursework

LL.M5235: International Commercial Litigation

  • Terms Taught: Michaelmas term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module provides an important element in the study of international business law and covers the legal system applicable to disputes over international contracts, assets or the nationality of a corporation.

Educational Aims

On successful completion of this module students will be able to:

  • Identify the principles behind the choice of law in transnational legal disputes.
  • Appreciate the economic context behind the conflict of laws.
  • Appreciate the role of national courts in applying conflict of laws principles.

Outline Syllabus

The course covers principles covering the choice of law in different states' jurisdictions:

  • Introduction to Private International Law (a) course outline; (b) teaching and assessment methods; (c) distinction from public international law; (d) distinction from domestic private law.
  • Connecting factors: (a) domicile; (b) habitual residence; (c) nationality.
  • Jurisdiction 1: the EU Rules.
  • Jurisdiction 2: the Traditional (non-EU) Rules.
  • Problem solving session 1--- jurisdiction problem.
  • Choice of Law I: contractual obligations
  • Choice of Law II: non-contractual (ie, tortious/delictual) obligations
  • Recognition and enforcement of judgments 1: the common law rules
  • Recognition and enforcement of judgments 2: the Brussels I regime
  • Problem solving session 2 --- choice of law and recognition/enforcement

Assessment Proportions

  • Coursework: 100%

LL.M5236: International Criminal Law

  • Terms Taught: Michaelmas term only
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

The module provides an introduction to substantive international criminal law. It introduces students to international crimes. In addition to this, it addresses the role of international courts and tribunals, mixed and hybrid courts and tribunals, as well as developments in national courts.

The module also considers key case law, and presents stimulating examples of prosecution and punishment, which are central to the subject. The module examines the merits of international criminal justice and the main challenges that present themselves in this area.

Educational Aims

On successful completion of this module students will be able to:

  • demonstrate a detailed understanding of international crimes;
  • show knowledge about the competence of courts and tribunals;
  • discuss key case law;
  • identify key questions international criminal justice;
  • consider main problems that arise in international criminal justice.

Outline Syllabus

  • Basics of international criminal law (ICL)
  • General principles of ICL
  • Elements of international crimes
  • War crimes, Crimes against humanity, genocide
  • Torture and Aggression
  • Liability
  • Justification and excuses
  • Prosecution and punishment I
  • Prosecution and punishment II
  • Merits of international criminal justice

Assessment Proportions

  • Coursework: 100%

LL.M5238: Environmental Law

  • Terms Taught: Michaelmas Term Only.
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

This module will examine the way in which the sources and principles of English and European environmental law have developed, and will investigate the efficacy and effect of environmental law. In particular, students will study the sources, history and wider context of English and European environmental law. The module builds upon this study to explain how the aqueous, atmospheric and terraneous environments are protected by these laws.

Educational Aims

On successful completion of this module students will be able to:

  • a. Demonstrate a clear understanding of the sources of English and European environmental law.
  • b. Demonstrate an understanding of the key principles of English and European environmental law.
  • c. Demonstrate a clear understanding of the way in which the law protects the environment.
  • d. Appreciate the breadth and effect of environmental law.
  • e. Apply this knowledge and understanding to the analysis of practical examples.
  • f. Solve legal problems through the application of the principles of environmental law.
  • g. Present legal arguments in the field of environmental law.

Outline Syllabus

  • Introduction to Environmental Law
  • Sources and Principles of Environmental Law
  • Environmental protection and the common law
  • The role of market mechanisms in environmental protection
  • Water Pollution Control
  • Contaminated Land
  • Atmospheric pollution control
  • Renewable energy and the law
  • Waste management and disposal
  • Conservation of nature the countryside

Assessment Proportions

  • Coursework: 100%

LL.M5240: International Investment Law

  • Terms Taught: Michaelmas Term
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS Credits
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject.

Course Description

This module aims to provide a general introduction to international investment law and arbitration, and to focus and critically assess the linkage between this specific branch of international economic law and different policy goals.

After providing an introduction to the basic concepts, principles, institutions and rules in international investment law, the course will also survey the arbitral jurisprudence with an impact on fundamental policy goals. Investor-state arbitration represents a major novelty in international law, as traditionally only states could protect their nationals’ interests through diplomatic protection. Instead, the recent proliferation of investment treaties has contributed to the dramatic increase in investor-state arbitrations in the last decade. International investment law and arbitration is a vibrant field of law that increasingly intersects with non-investment policies and values. While the flourishing of this method of dispute settlement shows how international conflicts can be resolved peacefully, it may also pose global governance challenges.

This course ideally complements other courses such as international trade law and international law, as it specifically aims at offering a cross-disciplinary perspective analyzing international investment law principles in context, in relation to environmental goals, public health, and cultural policies. In addition, the course will consider the challenges of institutional design in international investment law.

Assessment Proportions

100% coursework

LL.M5242: Transitional Justice, Human Rights and Peacebuilding

  • Terms Taught: Lent Term
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS credits
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject

Course Description

In this module you will be introduced to the area of law known as transitional justice, allowing you to gain an overview of the prevailing issues and challenges faced within the field. The module allows you to examine and critically assess the development and efficacy of various institutions and processes designed to deal with grave and systematic human rights violations in countries, which are in transition from conflict to peace. You will explore, compare and critically evaluate various forms of transitional justice and their impact and contribution to the wider context of international law, international relations and peace building.

Assessment Proportions

100% coursework

LL.M5243: Contemporary Copyright and Cultural Heritage Law

  • Terms Taught: Lent Term
  • US Credits: 5 semester credits
  • ECTS Credits: 20 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject.

Course Description

In this module you will engage with the most innovative research in the fields of copyright and cultural heritage law. You will have an opportunity to: gain an advanced understanding of the interdisciplinary interactions between the two fields; establish foundational knowledge of copyright law; express the jurisprudential underpinnings of copyright the implications of its modern applications; identify interactions amongst intellectual property, tangible and intangible cultural heritage, and technology; demonstrate specific knowledge about contemporary copyright research (such as: copyright in digital reproductions of cultural objects; ownership of virtual property; commercialisation of cultural heritage; functionality and fashion; and criminality in modern copyright).

Assessment Proportions

100% coursework

LL.M5244: Business and Human Rights

  • Terms Taught: Lent Term
  • US Credits: 5 semester credits
  • ECTS Credits: 10 ECTS
  • Pre-requisites: Must have completed 3 years undergraduate study in Law or Law related subject.

Course Description

The relationship between human rights enjoyment/violations and the behaviour of business enterprises has been a topic of discussion for several decades. Challenges posed by business behaviour have led to the development and implementation of many initiatives by international institutions, such as the UN. In this module, the rational for considering human rights in the context of business activities will be studied, and also the challenges faced by traditional international law to try to accommodate these concepts. The module will address voluntary guidelines and more legally binding provisions, as well as following the UN process of drafting an international treaty on business and human rights.

Assessment Proportions

100% coursework