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.

CRIM212: Contemporary Issues in Policing

  • Terms Taught: Michaelmas Term Only
  • US Credits: 4 Semester Credits
  • ECTS Credits:  8 ECTS Credits
  • Pre-requisites: Part I subject within the Faculty of Arts & Social Sciences.

Course Description

This module introduces students to a range of topics and perspectives related to Contemporary Issues in Policing. The module will cover three key core areas, a) The role of the police in a contemporary and historical context, b) key policing concepts and c) contemporary issues related to policing in the UK, such as use of force, stop and search and interactions with victims.

Assessment Proportions

Group Presentation and Portfolio

Critically present and discuss a contemporary issue in policing in the UK.

Students will be randomly selected into groups of no more than 5 to develop a verbal and visual presentation (15 minutes) on the aforementioned topic. Students will be expected to demonstrate their academic understanding of a range of key concepts, perspectives and contemporary issues related to their chosen topic. Students will be assessed on both their content, presentation portfolio and presentation skills.

40% of the assessment mark will be based on the presentation itself, with 60% being on the presentation portfolio. The portfolio mark will be a group mark and the presentation will be individually assessed.

The portfolio will include an outline of the research conducted for the presentation, the presentation material, script and each group member will be required to complete a 500 word 'contribution summary'. This will provide an overview of their role for the presentation and the aspects they completed. The contribution summary will only affect the portfolio mark if the student has not appropriately contributed (as peer assessed).

The 'contribution summary' will also be peer assessed and there will be an option for a tutor/ other group member to raise lack of engagement of an individual as an issue with the module tutor. This could lead to the adjustment of an individual's mark, depending on their contribution, down a grade point. Students will only be marked down a grade point if a) the contribution summary demonstrates a lack of engagement with the assessment, and/ or b) all other members of the group inform the module tutor that the contribution summary provided by the student in question is not accurate (the module tutor would need to be alerted before the assessment deadline) and/ or c) if various members of the group report a lack of engagement with the assessment to the module tutor in advance of the deadline.

The presentations will take place in week 10.

LAW.101x: English Legal System and Methods

  • Terms Taught: Full Year course
  • US Credits: 8 semester credits
  • ECTS Credits: 16 ECTS

Course Description

The aims of this module are to enable students to develop their critical awareness of the social and political context in which law operates, by identifying the law as a historical, sociological, cultural and political phenomena. The module will examine the sources, nature, role and significance of law in modern society. In addition, it will explore the functions of law within society and illustrate how law may be used to achieve social goals. The module will identify the principal methods by which law is reported and the principal features of the court system in England and Wales. It will look at the roles of the people working in the legal system. The students will also learn legal research and writing skills.

Educational Aims

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

  • Recognise and identify the key legal institutions of law.
  • Adopt a critical perspective to existing legal rules, and to identify constructive suggestions for reform;
  • Construct coherent legal argument, orally and in writing
  • Identify and describe statutory interpretation.
  • Applying their knowledge to specific legal problems.
  • Apply the information in a structured argument drawing upon the interdisciplinary methods of legal scholars: theoretical, historical, socio-legal and textual.
  • Demonstrate legal research skills.
  • Demonstrate legal IT skills.
  • Demonstrate legal writing skills.  
  • Analyse legal problems through critical enquiry.
  • Locate legal materials in both electronic and hard copy form.
  • Identify the court structure.
  • Describe the importance of precedent.
  • Be able to identify the ratio decidendi and obiter dictum of a case.

Outline Syllabus

The module will encompass the structure of the legal system, the range of legal sources and methods of reasoning, including but not limited to the following: 

  • Classification(s) and concepts of law. (including introduction to Austin's command theory; Hart's primary and secondary rules; Dworkin's legal principles; natural law theory; function of law).
  • Sources of law. (including an introduction to case law; Statute law; delegated legislation; custom; equity).
  • The origins of the common law. (including introduction to influence of the Norman conquest).
  • Reading Statutes, cases and academic literature. (including the naming of Statutes and cases, law reports; case references and referencing of journal articles).
  • The doctrine of judicial precedent. (including stare decisis, ratio decidendi and obiter dictum introductory examination of how judges decide cases; whether or not judges 'make' law; whether judges should make law).
  • Statutory interpretation. (including how Statutes are interpreted; rules of Statutory interpretation; internal and external aids to interpretation; reform of Statutory interpretation).
  • Distinctions between civil law/criminal law and public law/private law. (including an introduction to pre and post 1999 Civil justice System and the 'Woolf' reforms outlined in Access to Justice: Final Report,
  • Hierarchy of courts. (e.g. The European Court of Justice; The House of Lords; Privy Council; The Court of Appeal; The High Court; The Crown Court; Magistrates' and County Courts).
  • Introduction to other legal systems (including the Civil Law System, and how this compares with sources of English law).
  • People working in the legal system. (including judges; solicitors; barristers; legal executives; the regulation and future of the profession).

Assessment Proportions

  • Group Debate: 50%
  • Multiple Choice Question Test: 40%
  • Compulsory Attendance at a Bibliography Workshop: 10%

LAW.101y: English Legal System and Methods

  • Terms Taught: Michaelmas Term only
  • US Credits: 5 US credits
  • ECTS Credits: 10 ECTS credits
  • Pre-requisites: NOTE: This 10 ECTS part year variant is available to those students that are studying for the Michaelmas Term only.  If you are studying for a Full Academic Year, you must select the Full Year variant, LAW.101x English Legal System and Methods.

Course Description

The module will examine the sources, nature, role and significance of law in modern society. In addition, it will explore the functions of law within society and illustrate how law may be used to achieve social goals. The module will identify the principal methods by which law is reported and the principal features of the court system in England and Wales. It will look at the roles of the people working in the legal system. The students will also learn legal research and writing skills.

Educational Aims

The aims of this module are to enable students to develop their critical awareness of the social and political context in which law operates, by identifying the law as a historical, sociological, cultural and political phenomena.

Assessment Proportions

  • Essays: 90%
  • Workshop: 10%

LAW.104x: Criminal 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
  • Pre-requisites: LAW.101 or equivalent

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 only
  • 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:
    • None

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 only.
  • 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: Terms Taught: Full Year  
    • 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

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

Coursework (20%),

Multiple Choice Question Test (20%),

exam (60%)

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%
  • 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 (4,000 Words) 100%

LAW.235: Forgotten Trials of the Holocaust

  • Terms Taught: Lent Term Only
  • 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
  • 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
  • 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

This module aims to identify the evolution of commercial law; to evaluate the impact of historical developments on contemporary commercial practices; to introduce students to the foundational principles that underlie commercial relationships and transactions and to consider the options for resolving commercial disputes.

Assessment Proportions

Full Year:

Coursework (50%)

Exam (50%)

Michaelmas Term only:

Coursework (100%)

 

LAW.240: Family Law

  • Terms Taught: Michaelmas 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. 

Educational Aims

General:

  • Develop written analytical, critical and research skills
  • Promote critical and informed discussion
  • Develop written communication skills

Subject Specific:

  • Develop your knowledge of, a collection of laws as they impact upon the family as a unit and upon the individuals within a familial group
  • 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
  • Develop your 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.

Outline Syllabus

It is anticipated that the curriculum will cover most of the following;

  • Formation of Legal Relationships
  • Children and Childhood
  • Parents and  Parental Responsibility
  • Cohabitation Breakdown
  • Dissolution  Divorce
  • Child Support
  • Contact
  • Violence
  • Child Protection.

We will re-evaluate the course each year and amend the curriculum as appropriate.  There is no core curriculum to this topic.  The exact contents of the module may vary.

Assessment Proportions

  • To be confirmed

LAW.257x: International Law

  • Terms Taught: Full Year
  • 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
  • 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.

Educational Aims

The aims of this course are to give an introduction to central elements of public international law. The moduleshould give you a basic knowledge of how international law works, its foundations, principles, as well as an understanding of its shortcomings and challenges. The areas introduced will cover examples of how international law works, and should enable you to identify legal issues in current international affairs.

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 Treatment of Aliens
  • Law of the Sea and Marine Resources
  • International Environmental Law

Assessment Proportions

Full Year:

Coursework: 50%

Exam: 50%

Michaelmas Term only:

 Coursework (100%)

LAW.261x: EU Law

  • Terms Taught: Full Year
  • 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
  • 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.

Educational Aims

General:

Through this moduley ou will learn about:

  •  The EC in its historical context
  • How the EC governs through its institutions
  • How EC law is integrated into national law
  • The principles guiding the relationship between the European Community and its Member States
  • How compliance with European Community law is monitored
  • Some substantive EC law on human rights, free movement and and introduction to competition law 

You will also develop their legal skills in learning how to approach judgments of the European Court of Justice and understand the rules of interpretation used.

Outline Syllabus

Promote your understanding of a supranational legal system and raise your awareness of how the EC penetrates other areas of their studies

Encourage critical analysis of judicial decision-making and the role that politics can play in law

Broadenyour understanding of law by introducing new legal concepts and a system of law-making different to the domestic process

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.

Educational Aims

This course aims to introduce students to key issues in the topic of lawyers and society including:

  • an appreciation of the history of the legal profession
  • an appreciation of the current state and status of the legal profession
  • an appreciation of business, economic and ethical considerations in the legal profession
  • global lawyering
  • lawyering and access to justice
  • Impacts of key statutes such as the Legal Services Act
  • Issues related to lawyer/client interaction
  • issues of diversity within the legal profession
  • representations of lawyers and lawyering in fictional settings

Outline Syllabus

  • Topic 1: Why study Lawyers and Society: The historical development of the (English) legal professions
  • Topic 2: An independent, Effective and Diverse Legal Profession
  • Topic 3: Promoting and Protecting the Interests of Consumers
  • Topic 4: The Business of Lawyering and the Lawyering Business: Promoting Competition in the Provision of Legal Services
  • Topic 5: Lawyers and ethics
  • Topic 6: Access to Justice 1: Unmet Needs
  • Topic 7: Access to Justice 2: Funding
  • Topic 8: Global Lawyering
  • Topic 9: How Lawyers structure their professional activities and related operational issues; evolving working environment
  • Topic 10: Impact of LSA 2007; General operational issues

 This syllabus is subject to change depending on legal developments.

Assessment Proportions

Coursework: 50%

Exam: 50%

LAW.300: Health Care Law and Ethics

  • Terms Taught: Full Year - 8 US Semester Credits Michaelmas Term only – 4 US semester credits
  • 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%)

MCQ: 15%

Video-recorded presentation & Bibliography (30%)

  • 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%

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

  • Propsed: 3,000 word coursework (100%) OR seen exam (100%). N.B Assessment subject to Faculty Approval – if not forthcoming then 2,500 word coursework (25% AND unseen exam (75%)

LAW.316: Immigration and Asylum Law

  • Terms Taught: Lent Term only.
  • US Credits: 4 semester credits
  • ECTS Credits: 8 ECTS
  • Pre-requisites: LAW.102 is recommended

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.

Assessment Proportions

  • Coursework: 50%
  • Exam: 50%

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.

Educational Aims

General:

  • To develop your ability to express ideas clearly and utilise material from different disciplines and legal systems
  • To develop your research skills in legal and commercial material

Subject Specific:

  • To develop the necessary knowledge and skills to understand a dynamic area of law and economics
  • To develop an understanding of the relationship between the theoretical concepts underpinning Competition law and the legal mechanisms used to maintain competitive markets
  • To encourage the understanding of differing approaches to competition policy and legal techniques adopted in relation to policy goals

Outline Syllabus

  • Theory & Economics: introduction to economic theory and the ongoing debates within the Harvard, Chicago, Ordoliberal, and Brussels schools of competition policy.
  • Dominance, Market Power and the Relevant Market: Defining the extent of markets for the purposes of competition investigations, and the methodologies used to decide whether an undertaking is 'dominant' within EU & UK competition law.
  • Market Power & Abuse: Discussion of the manner in which dominant undertakings may seek to abuse their position and damage competition on markets, and how the EU and UK competition regimes seek to control that abuse.
  • Essential Facilities, Oligopolies and Market Investigations: Discussion of a number of complex issues that arise out of market power; including natural monopolies, the impact of intellectual property and the difficulty in regulating oligopolistic markets.
  • The Prohibition of Anti-Competitive Agreements & Vertical Agreements: Discussion of the the EU and UK prohibitions of anti-competitive agreements.
  • Cartels, Criminalisation & Leniency: Discussion of the cartels and other 'horizontal' agreements, including the UK's recent criminalisation of cartels and Leniency Programmes.
  • Public Antitrust Enforcement Regime: Discussion of the way in which the EU and UK competition law is enforced.
  • Private Antitrust Enforcement: Discussion of the private parties can enforce competition law.
  • EU Merger Control: Discussion of the EU merger control system.
  • UK Merger Control: Discussion of the UK merger control system.

Assessment Proportions

  • Coursework: 40%
  • Exam: 60%

LAW.330: Crime and Criminal Justice

  • Terms Taught: Michaelmas Term only.
  • US Credits: 4 US Semester Credits
  • ECTS Credits: 8 ECTS Credits
  • Pre-requisites: LAW.104x is desirable but not essential.

Course Description

The Criminal Justice System has been constantly discussed in recent years by politicians, journalists and academics and the subject is vast and constantly shifting.

This course seeks to explore selected issues in the area of Crime and Criminal Justice using a large number of sources to reflect the depth and variety of ways in which the subject can be approached. This course will seek to provide a framework foryour wider understanding, bearing in mind that different parts of the ‘system’ often appear to pull in different directions and different elements are constantly evolving.   Students will be asked to consider whether, despite the interdependency of many of the Criminal Justice Agencies and some central themes, there is any real system at all.

This is not a subject which can be entirely learnt from books and youwill be encouraged, wherever possible, to createyour own understanding of the Criminal Justice System through  their own experiences. Even brief visits to courts, police stations, barristers chambers etc can often open students’ eyes and provoke a more analytical and critical response to the subject than detailed study alone.

The outline Syllabus includes key themes in Crime and Criminal Justice, women in the Criminal Justice System, sentencing policy and procedure and prisoners and the law. (The syllabus may very well vary according to the guest lecturers on the course).

Educational Aims

The aims of this module are to:

General:

  • Facilitate and develop independent study by students within an active learning environment
  • Develop the acquisition of writing and oral skills.
  • Develop the acquisition of professional skillsDevelop critical, analytical and problem solving skills

Subject Specific:

  • Further develop and deepen knowledge gained in Law 104 (Criminal Law)
  • Examine some of the major concepts, values, principles and rules relating to the Criminal Justice System.
  • Develop a critical understanding of some key themes in Criminal Justice
  • Develop the acquisition of professional skills in relation to the preparation of a criminal brief, negotiation with other parties and advising a client.

Outline Syllabus

The module will be delivered over a combination of lectures, workshops and through your own private study.

Topics covered are listed below and are subject to minor change:  

  • Crime and Criminal Justice  key themes
  • Arrest and detention
  • The Criminal Trial
  • Women in the Criminal Justice System
  • Criminal Appeals
  • Sentencing policy and procedure
  • Prisoners and the Law
  • The Life Sentence and IPP sentencing
  • Current issues in the Criminal Justice System

The workshops are intended to introduce you to the practicalities of the Criminal Justice System and to encourage you to start developing professional skills. You will be encouraged to make links between the material introduced in the lectures and the preparation of a fictitious criminal case. During the workshops, you will take roles as either the prosecution or the defence and be assisted in preparing a case for trial and beyond.

 You will be introduced to some of the legal skills required to deal with a criminal law case. Week by week, you will be given further information as to the brief and will consider questions such as:

  • How to advise a client at the police station
  • How to make a bail application
  • How to interview a client and what further information they might need to present the case
  • How to negotiate with the other side in relation to a plea bargain; how to advise on sentence and make a plea in mitigation.

Assessment Proportions

  • 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
  • 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
  • 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:

Coursework: 25%

Exam: 75%

  • Michaelmas Term only:

 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 assessment (100% breaking down as: Part A - choice of case studies (2,000 words, 50%), Part B - choice of essay type questions (2,000 words, 50%).

LAW.350: Gender and the Law

  • Terms Taught: Full Year course.
  • US Credits: 8 US Semester Credits
  • ECTS Credits: 16 ECTS Credits
  • Pre-requisites: Successful completion of compulsory Law courses undertaken to date.

Course Description

This module seeks to explain, analyse and evaluate some of the legal rules, concepts and values governing and regulating gender and the law.

The module will take law as an object of study and seek to examine the relationship(s) between gender and the law. It will explore the notion that law is a representation of a world that has very distinctive and idiosyncratic characteristics (such as bigotry and discrimination).

Studentswill be introduced to some of the theoretical basis regarding the socio-legal construction of gender (as distinct from the socio-legal construction of sex). The module explores legal rules and practices that make classifications on the social consequences of sex and gender.

The course is likely to include the following:

Introduction to Gender Studies

Feminist Jurisprudence

Introduction to Michael Foucault

Introduction to Judith Butler

Introduction to Queer Theory

Exploring the difference(s) between ‘sex’ and ‘gender’

Pornography

Gendered War Crimes

Constructions of gender in popular discourse

Body Modification

Discrimination in the work place

The syllabus may very well change according to the guest lecturers on the course.

Educational Aims

General:

This module will address gender divisions in aspects of the law by providing an understanding of the way in which those divisions operate. The main focus of the course will be the 'processes' of the law. In addition to looking at what the law is, questions will be asked about how and why the law has developed in the way it has.  More specifically, you will improve your skills of written analysis and research skills.  This will facilitate further understanding, and the undertaking of independent research.

Subject Specific:

You will be introduced to some of the theoretical basis regarding the socio-legal construction of gender (as distinct from the socio-legal construction of sex).  You will be introduced to the notion of cultural and legal  being associated with the biological facts of sexual identification.  The module explores legal rules and practices that make classifications both on an individual's sex (whether one is a man or woman) and also on the social consequences of sex - that is gender. The module aims...

  • To take law as an object of study and seek to critically examine the relationship between gender and the law. 
  • To challenge the assumption that law is a social practice which is isolated from the rest of culture.
  • To explore the notion that law makes a distinctive contribution to the social order.
  • To examine some of the various legal processes through which the concept(s) of gender and the gendered subject have been constructed and shaped by and through discourse.

You will be introduced to some of the theoretical basis regarding the socio-legal construction of gender (as distinct from the socio-legal construction of sex).  You will be introduced to the notion of cultural and legal  being associated with the biological facts of sexual identification.  The module explores legal rules and practices that make classifications both on an individual's sex (whether one is a man or woman) and also on the social consequences of sex - that is gender.

Assessment Proportions

  • Coursework (6000 words): 100%

LL.M5105: Law and Global Health

  • 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 critically discusses a range of ethical and legal issues applicable to global health, threats to global health and international markets in organs/tissues: 

expresses an 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 discusses the various and current governance debates about commodification of tissues treatment, health tourism, the adjudication of health care rights and the reconceptualization of public health;

reflect in a rigours way upon the advantages and limitation of plural systems of norm and law production at an international level legislation.

Educational Aims

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

  • Demonstrate a clear understanding of EU and international conventions and directives pertinent to global health.
  • Demonstrate a clear understanding of key concepts such as the right to health.
  • Demonstrate a clear understanding of the international protection of global health and health rights.
  • Appreciate the breadth and effect of health rights and trends in their implementation
  • Apply this knowledge and understanding to the analysis of practical examples.
  • Identify multiple and competing conceptions of health governance within specific health issues.
  • Present legal arguments in the field of global health.

Outline Syllabus

  • Overview of the plural systems of norm and law production at an international level
  • Right to health (international)
  • Women/vulnerable groups  right to health
  • EU health care
  • Adjudication of health care rights
  • AIDS pandemic and international health threats
  • A Role for Law? Reconceptualising public health law
  • Commodification of tissues and international markets OR Migration and Health Care (Brain drain, health tourism)
  • Potential space for guest lecture or Environmental law and health

Assessment Proportions

  • 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

Intellectual property basically examines the legal protection of the expression of ideas. The study of intellectual property is increasingly important in an age in which creative and technical innovation is fundamental to economic development. This course provides an introduction to the key legal principles and political issues underpinning intellectual property protection.

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: 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.M5204: European and International Competition Law

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

Course Description

This module examines contemporary competition law. Beginning with an examination of EU competition law, as it is the leading model for the development of competition regimes at a global level, but also discussing parallel developments in the US and UK. Issues to be examined include the antitrust prohibitions, which control market power and cartels, and merger control. This is another fast-moving and unpredictable area where the details of material covered will change from year to year in order to keep up to date.

Educational Aims

This module follows on from European Union Law (LL.M 201) by looking in more detail at the problems of cross-border trade and economic activity within the EU.  Issues to be examined include transnational business structures, subsidiarity and the creation of the Single Market and the impact of competition between Member States to attract business - the so-called 'Race to the Bottom'.

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: 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 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: 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 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.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.M5233: Independent Research Module

  • Terms Taught: Michaelmas Term only.
  • Also Available: 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 aims to enable the student to:

  • develop a definition of the problem to be addressed
  • state a well-defined research question on a matter relating to law
  • undertake a thorough search of the legal literature relevant to addressing that problem
  • design a suitable legal research programme in answering that question
  • develop interests and knowledge in a chosen specialist area of legal research

Educational Aims

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

  • Knowledge and understanding  Demonstrate an extended grasp of the legal literature in an area of their choice. Develop a detailed knowledge of a particular specialist area of research relating to law.
  • Skills - Apply, under supervision, research skills to the identification, analysis and investigation of a problem in a particular area of law.

Outline Syllabus

The subject specialist tutor who supervises the student will:

  • advise on whether the students planned area of research is appropriate  
  • give guidance regarding the nature and format of the essay
  • give guidance on the planning of the essay
  • give feedback on a draft of the essay provided by the student

The student will:  

  • formulate a topic as a clearly defined research problem
  • produce a reading list of relevant literature
  • produce the outline of an essay on the basis of the research for comments by the supervisor
  • produce a draft of the essay for comments by the supervisor

Assessment Proportions

  • Coursework: 100%

LL.M5235: Conflicts of Law in Business Relations

  • 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: 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 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%