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Online Law 2017-2018

LS503D: FINANCING OF INTERNATIONAL SALES

15 credits

Level 1

First Sub Session

This course focuses on the financing of international trade and examines the most common methods of international payment and finance in the context of international sale of goods. The particular issues selected will vary depending on current developments in the field. However, the indicative topics covered by the course are trade risks and the need for finance options in the context of international sale of goods, bills of exchange, documentary letters of credit, demand guarantees, other financing methods, and private international law issues surrounding international payments and finance.

LS553D: FINANCING OF INTERNATIONAL SALES

15 credits

Level 1

Second Sub Session

This course focuses on the financing of international trade and examines the most common methods of international payment and finance in the context of international sale of goods. The particular issues selected will vary depending on current developments in the field. However, the indicative topics covered by the course are trade risks and the need for finance options in the context of international sale of goods, bills of exchange, documentary letters of credit, demand guarantees, other financing methods, and private international law issues surrounding international payments and finance.

LS501W: LEGAL PRINCIPLES

30 credits

Level 5

First Sub Session

 

Those operating in the dispute resolution field need to understand some of the legal principles which underpin activity in this area. This course covers the main principles of contract law (which underpins the negotiation, arbitral and mediation contracts) tort/delict (which can be a basis for liability as an alternative to contract in arbitral proceedings) and some of the rules of civil evidence (which can apply in arbitration, with some implications around privilege and confidentiality for negotiation and mediation).

LS501X: NEGOTIATION SKILLS

30 credits

Level 5

First Sub Session

The vast majority of disputes and differences of a civil, that is, non-criminal nature are resolved before one of the parties commences legal proceedings. Somewhere between 85% and 95% of those disputes and differences are resolved before the commencement of the hearing of the legal proceedings.

 This course will examine issues such as:

  1. Why disputes and difference arise.
  2. What is negotiation?
  3. How negotiation can be used to avoid or resolve disputes and differences.
  4. The negotiation process.
  5. Negotiation styles.
  6. Strategies and tactics.
  7. Cognitive influences.
  8. Power and persuasion.  
  9. Single-party and single-issue or multi-issue negotiation.

LS501Y: MEDIATION THEORY AND PRACTICE

45 credits

Level 5

First Sub Session

This course offers students the opportunity to study the theory of mediation and to develop their skills in mediation practice. The course is designed to enable students to learn independently, with ongoing facilitation and support from experienced teaching staff. Students are encouraged to interact with tutors, peers and study groups to develop knowledge, understanding and interpersonal skills, which are critical for the effective practice of mediation. In addition, students will study conflict theory and communication skills, as well as the process and theory of different models of mediation and their application in the many areas where mediation is practised.

Students will be encouraged to critically reflect on their own styles and learning, a pre-requisite for effective mediation practice. It will look in detail at the full range of generic mediation skills, making it suitable for prospective mediators in all situations and jurisdictions.

A successful student will achieve a good understanding of the basic principles of conflict resolution with some practical experience of mediating disputes.

LS501Z: INTERNATIONAL ARBITRATION LAW

30 credits

Level 5

First Sub Session

Arbitration is growing in popularity as a dispute resolution method across a variety of sectors, and internationally.

The principles and content of international arbitration law are considered, with the UK arbitral system as the template.

LS502A: DISSERTATION IN DISPUTE RESOLUTION

60 credits

Level 5

First Sub Session

In the final one third of their programme, students who opt to take this course will prepare a 10,000 word dissertation thesis on a question of their choice related to an aspect of dispute resolution.

LS502B: LEGAL PRINCIPLES

45 credits

Level 5

First Sub Session

 

Those operating in the dispute resolution field need to understand some of the legal principles which underpin activity in this area. This course covers the main principles of contract law (which underpins the negotiation, arbitral and mediation contracts) tort/delict (which can be a basis for liability as an alternative to contract in arbitral proceedings) and some of the rules of civil evidence (which can apply in arbitration, with some implications around privilege and confidentiality for negotiation and mediation).

LS502F: ADVANCED MEDIATION PRACTICE

30 credits

Level 5

First Sub Session

This course builds on the learning and knowledge gained in the Mediation
Theory and Practice course (completion of which is a prerequisite).



Students will be encouraged to critically evaluate current practices in
mediation and learn more advanced mediation techniques and strategies for use
in more complex situations.



A deeper understanding of
conflict theory and peace studies will form a core part of this course as will
the legal context in which mediators operate, both from a UK and international
perspective.

LS502G: INTERNATIONAL ARBITRATION PRACTICE

30 credits

Level 5

Second Sub Session

Arbitration is growing in popularity as a dispute resolution method across a variety of
sectors, and internationally. The law in this area is technical and complex,
and a full understanding of how it operates is essential for anyone advising
clients, or framing contracts carrying arbitration clauses.



The principles and content of international arbitration law are considered, with the UK arbitral system as
the template. Other systems, including some of the institutional rules, are
also considered.

LS502M: CORE SKILLS FOR RESEARCH STUDENTS

10 credits

Level 5

First Sub Session

This compulsory course for all distance learning post-graduate research students takes students through a series of multi-media activities during their first semester to hone some of the core skills required to excel in post-graduate research work.

LS502R: PETROLEUM LAW: RESOURCE MANAGEMENT

15 credits

Level 5

First Sub Session

This course provides a detailed overview of key issues in the provision of access to petroleum resources and managing the relationship between the state and private sector.  Teaching  will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  The course will cover: the role and objectives of the state, the international oil company and the national oil company; licensing regimes (from a theoretical and comparative perspective); contractual access regimes, such as PSA and service contract; the comparison between the differing regimes.

LS502S: REGULATORY LAW FOR PETROLEUM OPERATIONS

15 credits

Level 5

First Sub Session

This course provides a detailed overview of key issues in health and safety law and environmental regulation in the context of the oil and gas industry.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  The course will cover such topics as: regulatory theory (the different modes of regulation, including command and control and goal-setting), health and safety (with specific sub-topics to include the UK regime, the US regime, the Australian regime, Well integrity, Identity of regulator) and environmental regulation (public law, private law, prevention, liability, vulnerable areas).  This course is available to students registering for the Online LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

LS502T: DECOMMISSIONING OF OFFSHORE INSTALLATIONS: REGULATORY ASPECTS

15 credits

Level 5

First Sub Session

This course provides a detailed overview of the international and domestic legal regulatory framework pertaining to the decommissioning of offshore oil and gas installations.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  Introduction to key decommissioning issues - Law cohort, Introduction to Law, International Law, Domestic Law, 1958 Convention, UNCLOS 1982, International Maritime Organization guidance , UK guidance approach, Stakeholder engagement, Norway - External colleagues, USA - External colleagues, South East Asia - External colleague, 1996 Protocol.  This course is available to students registering for the Online  LLM Oil and Gas Law programmes (Dissertation or Professional Skills) and MSC Decommissioning.

LS502U: CO-OPERATIVE CONTRACTS IN THE OIL AND GAS INDUSTRY

15 credits

Level 5

First Sub Session

This course provides a detailed overview of the cooperative contracts utilised to govern the commercial relationship between oil and gas companies when they form consortia in order to bid for and develop oil and gas assets.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  The course will cover such topics as the purpose and key terms of Area of Mutual Interest agreements; Confidentiality Agreements; Joint Bidding Agreements; Joint Operating Agreements and Unitisation and Unit Operating Agreements.  It will provide a detailed discussion of selected issues including the significance of the legal nature of the joint venture, the problem of dissensus between the co-venturers and the legal issues arising from a default in a party’s obligations under the joint venture.  This course is available to students registering for the online LLM Oil and Gas Law programme (Dissertation or Professional Skills).

LS502V: CRITICAL LEGAL THINKING AND SCHOLARSHIP

0 credits

Level 5

First Sub Session

This compulsory course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which would be required to excel in LLM-Taught courses. It commences with a diagnostic test and progresses into library information sessions and a session on academic responsibility to provide students with hands-on experience with the resources available for course and dissertation work.  It also provides students with sessions on handling case law and critical legal analysis.

 

LS503A: CORE PRINCIPLES OF WORLD TRADE ORGANISATION LAW

15 credits

Level 5

First Sub Session

This course examines the key foundational principles of WTO law. The principles that the course focuses on include non-discrimination, tariffs, quantitative prohibitions, subsidies, and transparency in sanitary and phytosanitary measures. The course also considers the WTO dispute settlement. 

LS503B: INTERNATIONAL SALE OF GOODS

15 credits

Level 5

First Sub Session

This course focuses on the legal challenges which may arise in connection with a contract of sale of goods when the buyer and the seller of the goods are each located in different legal systems. The course considers the definition and sources of international sale of goods law and the legal issues arising for the buyer and for the seller in an international sale of goods transaction. The course examines the issues arising in relation to transactions to which the CISG (Vienna Sales Convention) may apply and contrast the CISG responses with the position under the UK's Sale of Goods Act 1979. The course also considers aspects of carriage of the goods from seller to buyer concerning bills of lading and Incoterms®. In addition, the course focuses on dispute resolution as well as private international law issues in relation to international sales contracts.

LS503C: WORLD TRADE ORGANISATION: APPLIED ISSUES

15 credits

Level 5

First Sub Session

This course explores interactions between the WTO and other issues. It critically analyses the classical and contemporary challenges in the context of environment, human rights and labour rights, customs and free trade, security, energy, intellectual property and investment. 

LS503E: INTERNATIONAL INVESTMENT LAW

15 credits

Level 5

First Sub Session

The aim of this course is to study the substantive legal issues arising from disputes under international investment agreements, in particular in the process of investor-state arbitration. This course examines the interplay between a state's right to regulate and substantive protections offered to foreign investors to protect their investments. These substantive protections include fair and equitable treatment expropriation, most favourable nation and national treatment. It will be an interactive and dynamic course, as students will have the opportunity to work on a substantive protections lab so that they can understand the notions of each substantive protection in real treaty practice.

LS503F: INTERNATIONAL INVESTMENT ARBITRATION

15 credits

Level 5

First Sub Session

This course studies the procedural issues arising from investor-state arbitration under international investment agreements. The course will consider the historical evolution of international investment agreements and the modern concerns of new forms of these type of instruments. The course will discuss the different aspects of the investor-state arbitration process, starting from the differences between commercial and treaty disputes, studying the notion of sovereign immunity and the understanding of the procedural issues that often arise, such as transparency, the role of amicus curiae and enforcement of international investment awards.

LS5084: INTERNATIONAL COMMERCIAL ARBITRATION (DISTANCE LEARNING)

30 credits

Level 5

First Sub Session

The demand for international commercial arbitration has increased significantly over the last 20 years.  Empirical surveys conducted consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.  This course provides students with a solid understanding of how arbitration works both in principle and in practice.  Topics covered include; the arbitration agreement, arbitral jurisdiction, the arbitral tribunal, challenging and enforcing awards.  This course is taught together with International Commercial Arbitration in the Asia Pacific.

LS5086: INTERNATIONAL COMMERCIAL ARBITRATION IN THE ASIA PACIFIC (DISTANCE LEARNING)

30 credits

Level 5

First Sub Session

The demand for international commercial arbitration has increased significantly over the last 20 years.  Empirical surveys consistently report figures that suggest around 60% of businesses prefer arbitration over other dispute resolution methods.  This course provides students with a solid understanding of how arbitration works in principle and in practice.  Topics covered include;  arbitration agreement, arbitral jurisdiction,  arbitral tribunal, challenging and enforcing awards.  This course is taught together with the International Commercial Arbitration course.  This course allows a greater focus on the Asia Pacific region and is particularly relevant to those who foresee themselves working in that part of the world.

LS551X: NEGOTIATION SKILLS

30 credits

Level 5

Second Sub Session

The vast majority of disputes and differences of a civil, that is, non-criminal nature are resolved before one of the parties commences legal proceedings. Somewhere between 85% and 95% of those disputes and differences are resolved before the commencement of the hearing of the legal proceedings.

 This course will examine issues such as:

  1. Why disputes and difference arise.
  2. What is negotiation?
  3. How negotiation can be used to avoid or resolve disputes and differences.
  4. The negotiation process.
  5. Negotiation styles.
  6. Strategies and tactics.
  7. Cognitive influences.
  8. Power and persuasion.  
  9. Single-party and single-issue or multi-issue negotiation.

 

LS551Z: INTERNATIONAL ARBITRATION LAW

30 credits

Level 5

Second Sub Session

 

Arbitration is growing in popularity as a dispute resolution method across a variety of sectors, and internationally. The law in this area is technical and complex, and a full understanding of how it operates is essential for anyone advising clients, or framing contracts carrying arbitration clauses

LS552A: ADVANCED MEDIATION PRACTICE

30 credits

Level 5

Second Sub Session

This course builds on the learning and knowledge gained in the Mediation
Theory and Practice course (completion of which is a prerequisite).



Students will be encouraged to critically evaluate current practices in
mediation and learn more advanced mediation techniques and strategies for use
in more complex situations.



A deeper understanding of
conflict theory and peace studies will form a core part of this course as will
the legal context in which mediators operate, both from a UK and international
perspective.

LS552B: INTERNATIONAL ARBITRATION PRACTICE

45 credits

Level 5

Second Sub Session

Arbitration is growing in popularity as a dispute resolution method across a variety of
sectors, and internationally. The law in this area is technical and complex,
and a full understanding of how it operates is essential for anyone advising
clients, or framing contracts carrying arbitration clauses.



The principles and content of international arbitration law are considered, with the UK arbitral system as
the template. Other systems, including some of the institutional rules, are
also considered.

LS552E: LEGAL PRINCIPLES

30 credits

Level 5

Second Sub Session

This course covers the basic principles of law which are applicable in negotiation, mediation and arbitral practice. The course is divided into 15 topics covering: Legal System and Sources, Contract Law, Reparation Law (Tort/Delict), Aspects of Civil Evidence. These subjects are taught from a UK perspective, providing a grounding in common law jurisprudence in these areas. The following topics are examples of those included in this course:

                The Legal System of the UK

                Sources of Law

                Formation of Contract

                Interpretation of Contracts

Breach of Contract

Remedies for Breach of Contract

Duty of Care in Tort/Delict

Breach of Duty of Care

Causation and Remoteness of Damage

Burden and Standard of Proof in Civil Cases

Evidential Rules around Testimony

Expert Evidence

Privilege and Confidentiality

LS552F: MEDIATION THEORY AND PRACTICE

30 credits

Level 5

Second Sub Session

This course offers students the opportunity to study the theory of mediation and to develop their skills in mediation practice. The course is designed to enable students to learn independently, with ongoing facilitation and support from experienced teaching staff. Students are encouraged to interact with tutors, peers and study groups to develop knowledge, understanding and interpersonal skills, which are critical for the effective practice of mediation. In addition, students will study conflict theory and communication skills, as well as the process and theory of different models of mediation and their application in the many areas where mediation is practised.

Students will be encouraged to critically reflect on their own styles and learning, a pre-requisite for effective mediation practice. It will look in detail at the full range of generic mediation skills, making it suitable for prospective mediators in all situations and jurisdictions.

A successful student will achieve a good understanding of the basic principles of conflict resolution with some practical experience of mediating disputes.

LS552M: CORE SKILLS FOR RESEARCH STUDENTS

10 credits

Level 5

Second Sub Session

This compulsory course for all distance learning post-graduate research students takes students through a series of multi-media activities during their first semester to hone some of the core skills required to excel in post-graduate research work.

LS552Q: RISK ALLOCATION IN OILFIELD SERVICE CONTRACTS

15 credits

Level 5

Second Sub Session

This course provides a detailed overview of the law relating to risk allocation provisions in oilfield contracts.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion: Role of insurance, public policy challenges, gross negligence, third party issues and solutions, limitations of different solutions, different approaches in jurisdictions, contractual interpretation. This course is available to students registering for the Online  LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

LS552R: GOVERNANCE AND PETROLEUM DEVELOPMENTS

15 credits

Level 5

Second Sub Session

This course provides a detailed overview of the international and domestic law and regulatory regime pertaining to the proper governance of petroleum developments.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  Topics will include:  what is  governance, Regulation / governance theory, the State's role in governance, The role of legal institutions, The role of NOCs in governance, Norwegian approach, Transparency, Corruption, Use of law to counter corruption, Uganda, Greenland. This course is available to students registering for the Online LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

LS552S: DECOMMISSIONING OF OFFSHORE INSTALLATIONS: COMMERCIAL ASPECTS

15 credits

Level 5

Second Sub Session

This course provides a detailed overview of a range of the most significant commercial legal issues arising from decommissioning operations.  Teaching and instruction will be by a variety of methods including podcasts, core readings, discussion boards and interactive discussion.  Focussing primarily upon the UK Continental Shelf, the course will cover such topics as: decommissioning security and its impact upon commercial deals; the decommissioning contacting chain; contracts for decommissioning (including campaign contracts) and a discussion and appraisal of the division of risk and reward in the principal contractual models.   This course is available to students registering for the online LLM Oil and Gas Law programme (Dissertation or Professional Skills) and also on the MSc in Decommissioning.

LS552T: LEGAL REGULATION OF UNCONVENTIONAL OIL AND GAS OPERATIONS

15 credits

Level 5

Second Sub Session

LS552U: INVESTMENT DISPUTES IN THE OIL AND GAS CONTEXT

15 credits

Level 5

Second Sub Session

This course provides a detailed overview of oil and gas international arbitration proceedings in the context of foreign investments. This course is the basis for understanding the particular issues of disputes in the energy sector and reviews the key issues that interact in the dispute resolution process in the industry. The course will cover topics such as: applicable law and lex pettrolea, the Energy Charter Treaty, stabilization and renegotiation clauses and extensive discussion on gas supply, upstream oil and climate change disputes. Teaching and instruction will be via  methods including podcasts, core readings, discussion boards and interactive discussions.

LS552V: INTERNATIONAL INVESTMENT LAW AND ARBITRATION IN THE ENERGY SECTOR

30 credits

Level 5

Second Sub Session

The complex interaction between investment protection and the sovereign right of states to regulate has been most acute in the energy sector. On the one hand, investors require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other, states can be tempted to interfere with foreign energy investments because of their particular strategic and social importance. This course aims to analyse if existing investment disciplines are adapted to the specific regulatory risks that investors face in the energy landscape of the 21st Century.

ls552x: CRITICAL LEGAL THINKING AND SCHOLARSHIP

0 credits

Level 5

Second Sub Session

This compulsory course provides students from diverse legal and educational backgrounds with a common understanding of the core research, analytical, and writing skills which would be required to excel in LLM-Taught courses. It commences with a diagnostic test and progresses into library information sessions and a session on academic responsibility to provide students with hands-on experience with the resources available for course and dissertation work.  It also provides students with sessions on handling case law and critical legal analysis.

 

LS552Y: REGULATORY LAW AND PRACTICE

15 credits

Level 5

Second Sub Session

This course explains and discusses the law and practice adopted by the main UK professional regulators when dealing with disciplinary charges.

LS553A: CORE PRINCIPLES OF WORLD TRADE ORGANISATION LAW

15 credits

Level 5

Second Sub Session

This course examines the key foundational principles of WTO law. The principles that the course focuses on include non-discrimination, tariffs, quantitative prohibitions, subsidies, and transparency in sanitary and phytosanitary measures. The course also considers the WTO dispute settlement. 

LS553B: INTERNATIONAL SALE OF GOODS

15 credits

Level 5

Second Sub Session

This course focuses on the legal challenges which may arise in connection with a contract of sale of goods when the buyer and the seller of the goods are each located in different legal systems. The course considers the definition and sources of international sale of goods law and the legal issues arising for the buyer and for the seller in an international sale of goods transaction. The course examines the issues arising in relation to transactions to which the CISG (Vienna Sales Convention) may apply and contrast the CISG responses with the position under the UK's Sale of Goods Act 1979. The course also considers aspects of carriage of the goods from seller to buyer concerning bills of lading and Incoterms. In addition, the course focuses on dispute resolution as well as private international law issues in relation to international sales contracts.

LS553C: WORLD TRADE ORGANISATION: APPLIED ISSUES

15 credits

Level 5

Second Sub Session

This course explores interactions between the WTO and other issues. It critically analyses the classical and contemporary challenges in the context of environment, human rights and labour rights, customs and free trade, security, energy, intellectual property and investment. 

LS553E: INTERNATIONAL INVESTMENT LAW

15 credits

Level 5

Second Sub Session

The aim of this module to study the substantive legal issues arising from dipsutes under international investment agreements in particular in the the process of investor-state arbitration. This course will examine the interplay between a state's right to regulate and the susbtantive protections offered to foreing investors&nbsp to protect their investments. These substantive protections include fair and equitable treatment expropriation, most favoruable nation and national nbsp;treatment. It will be an interactive and dynamic module, as students will have the opportunity to work on a substantive protections lab so that they can understand the notions of each substnaitve protection in real treaty practice. 

LS553F: INTERNATIONAL INVESTMENT ARBITRATION

15 credits

Level 5

Second Sub Session

This module studies the procedural issues arising from investor-state arbitration under international investment agreements. The course will consider the historical evolution of international investment agreements and the modern concerns new forms of these type of instruments. The course will discuss the different aspects of the investor-state arbitration process, starting from the differences between commercial and treaty disputes, studying the notion of sovereign inmunity and the understanding of the procedural issues that often arise, such as trasnaprency, the role of amicus curiae and enforcement of international investment awards. 

LS5910: DISSERTATION

60 credits

Level 5

Second Sub Session

In the final one third of their programme, students who opt to take this course will prepare a 10,000 word dissertation thesis on a question of their choice related to an aspect of dispute resolution.

LS5911: PROFESSIONAL SKILLS

60 credits

Level 5

Second Sub Session

LS5912: DISSERTATION IN DISPUTE RESOLUTION

60 credits

Level 5

Second Sub Session

 

This course is taken only by students on the General Route of the LLM. It involves preparing a proposal for a thesis in an area related to the programme subject matter. The proposal, once approved, is then expanded into a full 10,000 word thesis. This is prepared under supervision by an academic with special knowledge on the thesis topic. This is an opportunity to conduct a deep and industry-valuable study of an area of interest to the student. Very high quality dissertations are sometimes developed (potentially with the assistance of academic staff) into professional or academic journal publications.

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