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Postgraduate Law 2015-2016

LS501B: CRITICAL AND ANALYTICAL LEGAL SKILLS (DISTANCE LEARNING)

15 credits

Level 5

First Sub Session

LS501C: INTERNATIONAL ENERGY AND ENVIRONMENTAL LAW

30 credits

Level 5

First Sub Session

The course deals with the regulation of international activities regarding energy and the environment. The course will consider the international legal framework regarding energy sources, and it will look at the various legal instruments at the global and regional level as well as the key actors that are involved in regulation. It will also examine environmental issues that correspond to the generation and use of energy in the international context and the responses relating to environmental protection of soil, water, air, atmosphere and species.

LS501D: OIL AND MINERALS FOR GOOD

30 credits

Level 5

First Sub Session

The course examines the relationship between law, energy and natural resources, ethics, governance and development at the national and international levels on the one hand and variable developmental outcomes, particularly the resource curse phenomenon, on the other hand. The course then proceeds to apply advanced academic and experiential knowledge to formulate the fundamentals for overarching legal frameworks that will enable the good exploitation and development of energy and natural resources, thereby producing enduring benefits for all key stakeholders. 

LS501E: STATE CONTROL OF HYDROCARBONS

30 credits

Level 5

First Sub Session

With only limited exceptions hydrocarbons lie in the ownership or control of states, but are frequently explored for and produced by commercial actors. This course considers the means by which the state controls exploitation of its oil and gas reserves. Following a number of introductory lectures, students will participate in interactive seminars considering topics such as: energy security; licensing; upstream taxation; health, safety and environmental regulation; and international maritime boundaries and joint development. This course is available to students registering for the LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

LS501F: ENERGY, INNOVATION AND LAW

30 credits

Level 5

First Sub Session

Students will explore the law and regulation which is relevant to innovation across the energy sector (taken in its widest sense). We will consider intellectual property, UNFCCC and Kyoto Protocol, government initiatives, competition, human rights, and oil and gas licensing. We will focus on the impact of these fields on business, reward, sharing, sustainable growth, energy security, and the relationship between private rights, raw materials and the wider public interest.  Sessions will be interactive and you need not have studied any of these fields before – although we will move quickly. Assessment is by essay, exam and group presentation.     

LS501G: COMPARATIVE AND INTERNATIONAL PERSPECTIVES ON COMPANY LAW

30 credits

Level 5

First Sub Session

This course is a selective and critical examination of company laws. A theoretical approach shall be taken based upon the general theory of comparative law developed by Zweigert and Kötz and the Wilsonian theory of legal transplants. Key issues in comparative company law shall be examined using the theoretical framework of Hansmann and Kraakman with its particular focus on the agency problem. Specific topics shall include directors’ duties; the protection of minority shareholders and the limits of limited liability. The course is assessed by a three hour examination and a coursework essay.

LS501H: LOW CARBON ENERGY TRANSITION: RENEWABLE ENERGY LAW

30 credits

Level 5

First Sub Session

A transition from reliance on fossil fuels to low-carbon renewable energy is essential for mitigating climate change and for making energy supplies more sustainable. The course considers the challenges and concerns that this fundamental change in the nature of energy supplies gives rise to, and explores laws role in addressing them. The course examines the legal regimes for promoting renewable energy at international, EU and UK levels, and considers how law can be used to address significant constraints on the growth of renewable energy including difficulties with grid access and public opposition to wind energy development.

LS501K: INTERNATIONAL LAW

30 credits

Level 5

First Sub Session

This course in public international law has a focus on human rights. It aims to familiarise students with some major issues of international law. Topics include; sources of public international law, the subjects of international law, State jurisdiction, State immunities, dispute resolution and State responsibility, the UN system and use of force. On human rights, it is intended to offer insights into the dynamics of development of international human rights law. It seeks to shed light on how the forces of globalisation and global civil society activism shape the conditions under which human rights law can be created and maintained.

LS501Q: 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 few lectures and progresses to working within smaller groups in a workshop environment and finally to the submission of an individual assignment. It also incorporates elements such as library workshops to provide students with hands-on experience with the resources available for course and dissertation work.

LS501R: CRIMINOLOGICAL THEORIES

30 credits

Level 5

First Sub Session

The course focuses on different theories that attempt to explain why people engage in criminal or deviant behaviour. We will examine explanations of crime/deviance that appeal to the following factors: 1) biological factors, 2) economic conditions and 3) environmental conditions. We will also consider theorists who analyse criminal behaviour in terms of the ‘labels’ social groups apply to different kinds of conduct. There are six 2hour seminars. Assessment consists in an exam (50%), an essay (40%) and a presentation (10%, which is assessed on a pass/fail basis).

LS501T: 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 few lectures and progresses to working within smaller groups in a workshop environment and finally to the submission of an individual assignment. It also incorporates elements such as library workshops to provide students with hands-on experience with the resources available for course and dissertation work.

LS5067: CORE SKILLS FOR RESEARCH STUDENTS

10 credits

Level 5

First Sub Session

This compulsory course for all post-graduate research students takes students through a series of interactive workshops and guest presentations during the first semester to hone some of the core skills required to excel in post-graduate research work. Near the completion of the first full year of post-graduate research work, students present their work at a conference to which research staff and students within the College of Arts and Social Sciences are invited. Students then submit a capstone paper to be assessed as a part of the course assessment and of the progression process within the programme.

LS5068: THE POLITICS OF HUMAN RIGHTS

30 credits

Level 5

First Sub Session

The course addresses the political processes by which human rights law is created and sustained (e.g. by exploring the main drivers of the change in human rights norms – like global civil society activism). Classroom discussions look into the ways in which international human rights law shapes controversial issues of international politics (like the problems of international development or humanitarian intervention). Two seminars are dedicated to ‘case studies’ on human rights politics: (1) the practice of human rights activism, and (2) the relevance of human rights for dealing with the social and political tensions generated by the oil industry in Nigeria.

LS5076: OIL AND GAS LAW

30 credits

Level 5

First Sub Session

The petroleum industry brings together the most powerful public and private actors in the form of states and trans-national corporations. Oil and gas law has the task of arranging the resultant relationships and of ensuring that the legitimate interests of each side are protected. Following a series of introductory lectures, students will participate in interactive seminars considering topics drawn from the state control, contracting and regulatory aspects of oil and gas law. This course is available to LLM students on programmes other than the specialist LLM Oil and Gas Law programmes.

LS5081: MARITIME SPATIAL PLANNING LAW

30 credits

Level 5

First Sub Session

Maritime Spatial Planning is a new, emerging area of regulation and policy development. It affects all seas, coasts and oceans. It concerns all activities in, under and related to the sea.  The United Kingdom and Scotland are advanced in their introduction of a planning and plan making and the EU is in the process of approving a Directive on Maritime Spatial Planning. The course considers the international, EU and national support for spatial planning of the seas, with a focus on Scotland and the UK. Students have the opportunity to research a jurisdiction of their choice for the essay.

LS5083: INTERNATIONAL COMMERCIAL ARBITRATION (ON CAMPUS)

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.

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.

LS5085: INTERNATIONAL COMMERCIAL ARBITRATION IN THE ASIA PACIFIC (ON CAMPUS)

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.

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.

LS5092: INTERNATIONAL INTELLECTUAL PROPERTY LAW

30 credits

Level 5

First Sub Session

Students will explore the diverse elements of law which constitute international intellectual property law. We will consider the framework of international conventions, copyright and moral rights (with a particular focus on new developments and the digital age), patents, designs, the work of the World Health Organisation and the Convention on Biological Diversity. Throughout the challenge is to identify conflicts and synergies, and areas for future development, through regard to cases, scholarship, and the activities of policy makers and activists. Assessment is by an essay, an exam and an individual presentation.     

LS5093: PRIVATE INTERNATIONAL LAW: CONCEPTS AND INSTITUTIONS

30 credits

Level 5

First Sub Session

As a result of globalisation, and, in Europe, of its recent communitarisation, Private International Law has undergone profound changes and has become a subject of increasing prominence and complexity. This course forms a foundation for the Programme LLM in Private International Law and is designed to enable students to gain an in-depth understanding of key concepts of Private International Law, including classification, renvoi, incidental question, public policy and mandatory rules. Students will also acquire insight into the role played by key institutions to develop principles and harmonize rules pertaining to jurisdiction, choice of law and recognition and enforcement of judgments.

LS5095: COMPARATIVE AND INTERNATIONAL INSOLVENCY LAW

30 credits

Level 5

First Sub Session

This course explores, through seminar discussion including some group work, the theory and general principles of insolvency law, the domestic insolvency law of selected jurisdictions (currently Scotland, the US and Germany), the theory and general principles of international insolvency law and selected topics in international insolvency law (currently the EU Regulation on Insolvency Proceedings, domestic law provisions regulating international insolvency in selected jurisdictions and the UNCITRAL Model Law on Cross-Border Insolvency). Topics and selected jurisdictions may vary according to topicality.  

LS5096: ISSUES IN CRIMINAL JUSTICE

30 credits

Level 5

First Sub Session

This course is comparative in nature and examines in depth certain aspects of the criminal justice process, focussing upon differences between the adversarial and inquisitorial models. Examples are mainly drawn from Scotland, England and continental Europe. Topics addressed include: prosecution systems; the position of the accused; the status granted to the victim; plea-bargaining; the trial process; and appeals. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant institutions and processes.

LS5098: WORLD TRADE ORGANISATION: GATT

30 credits

Level 5

First Sub Session

The course aims to provide a thorough and critical understanding of fundamental concepts, principles and institutions of the World Trade Organisation (WTO), with emphasis on trade in goods (GATT).  The main topics covered include relevant historical and institutional developments, WTO dispute resolution, core principles such as the non-discrimination, most-favour-nation (MFN) and the prohibition of quantitative restrictions on international trade.  The security, environment, human rights, labour standards, economic emergencies and free trade areas and customs unions based exceptions and their challenges are also analytically explored.  These are studied in light of relevant WTO panel and Appellate Body cases and recommendations.

LS50DA: CONVEYANCING

15 credits

Level 5

First Sub Session

The course will cover: registration of title system in general and specific aspects of registration of title in particular; the steps involved in selected types of conveyancing transaction; particular issues raised by specific types of conveyancing transaction; selected aspects of leases and related matters including tax, ethical, practice management and client care aspects of conveyancing. Key conveyancing skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

LS50DB: PRIVATE CLIENT

15 credits

Level 5

First Sub Session

The course will cover: taking instructions for a will; drafting testamentary documentation; practical issues concerning intestacy; executry administration; trusts; incapacity; investment and tax planning advice; and related matters including tax, ethical, practice management and client care aspects of Private Client. Key Private Client skills will also be covered such as communication with clients, drafting and transaction based research.

LS50DC: LITIGATION

15 credits

Level 5

First Sub Session

The course will cover: the Criminal Legal Aid scheme, the rules of criminal procedure and appeal routes, the conduct of pleas in mitigation, intermediate diets and trials, the funding of civil procedure, the concepts of specification and relevancy in civil procedure, Court of Session procedure and processes, actions competent in the sheriff court and appeal routes, client interviews, drafting pleadings, the conduct of an options hearing and a proof, settlement issues and related matters including client care aspects of litigation. Key litigation skills will also be covered such as communication with clients, drafting, advocacy, and transaction based research.

LS50DE: BUSINESS ENVIRONMENT AND ETHICS

15 credits

Level 5

First Sub Session

The course is divided into two parts. Part 1 will cover: business structures and investment; a group exercise involves the set-up of a virtual law firm and construction of key business and practice policies; management of time and risk capability; company accounts analysis; loan finance; financial advice and tax implications; financial services.  An Investment Game runs throughout the first part of the course where each student manages a share portfolio. Part 2 will cover ethical issues in the client relationship; confidentiality and conflict; and duties and discipline. Key skills such as communication with clients, team working, drafting are covered.

LS551A: PRINCIPLES OF ENVIRONMENTAL REGULATION

30 credits

Level 5

Second Sub Session

The purpose of this course is to introduce the main principles of environmental law. The course analyses the challenges of environmental protection from the perspective of international, European and national law. Besides the conceptual analysis of the main principles of environmental law and methods of regulation, the course focuses on the delicate interaction between the principles of economic law (e.g. the right to property, the protection of investments, free trade) and environmental protection. Is there a conflict between economic law and environmental law or are these fields of law mutually reinforcing?

LS551B: CHOICE OF LAW FOR BUSINESS

30 credits

Level 5

Second Sub Session

This LLM course as a whole addresses choice of law for business, and focuses on three areas, namely contractual obligations, non-contractual obligations and corporate law. Students are expected to develop a clear understanding of relevant legislation and judgments, as well as to consider whether the law strikes an appropriate balance between party autonomy and the interests of states in prescribing relevant outcomes. The course is taught by means of seminars and guided independent reading.

LS551D: INTERNATIONAL INVESTMENT ARBITRATION IN THE ENERGY SECTOR (DISTANCE LEARNING)

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.

LS551F: THE LAW OF INTERNATIONAL ORGANISATIONS

30 credits

Level 5

Second Sub Session

The course deals with the creation of international organisations, their legal powers and limitations in various fields of international relations. Looking at international and regional organisations, the United Nations and the European Union included, it provides a sample of international organisations’ structures which leads to general conclusions as to the role played by international organisations in the international arena.

LS551H: CORE SKILLS FOR RESEARCH STUDENTS

10 credits

Level 5

Second Sub Session

This compulsory course for all post-graduate research students takes students through a series of interactive workshops and guest presentations during the first semester to hone some of the core skills required to excel in post-graduate research work. Near the completion of the first full year of post-graduate research work, students present their work at a conference to which research staff and students within the College of Arts and Social Sciences are invited. Students then submit a capstone paper to be assessed as a part of the course assessment and of the progression process within the programme.

LS551J: LOW CARBON ENERGY TRANSITION: NUCLEAR ENERGY AND CARBON CAPTURE AND STORAGE

30 credits

Level 5

Second Sub Session

Nuclear energy and carbon capture and storage are seen by some governments as key contributors alongside renewable energy to the decarbonisation of energy supplies.  However, significant risks of harm to the environment and human health and challenges with securing investment and overcoming public concerns are associated with the use of both technologies.  The seven seminar course examines legal responses to these risks and challenges at international, European Union and national levels, critically considering their adequacy for tackling the difficulties with employing nuclear energy and carbon capture and storage as part of a low carbon energy transition.

LS551K: CONTRACTING IN HYDROCARBON OPERATIONS

30 credits

Level 5

Second Sub Session

A good knowledge and understanding of the commercial purpose and key features of the principal contracts used in the oil and gas industry is essential for an oil and gas lawyer.  This course will examine the contracts entered into between the state and the commercial actors involved in the exploration for and production of oil an gas and the contracts entered into between the oil companies themselves, and those between oil and gas companies and the contractors making up the supply chain. The course will be taught by means of a mix of lectures, seminars and interactive workshops.

LS551L: CORPORATE ENVIRONMENTAL LIABILITY

30 credits

Level 5

Second Sub Session

Corporate environmental liability is a significant area of concern not only for those corporations engaged in activities which exhibit environmental risk but society as whole. An efficient, effective liability regime must be present to ensure that corporations do not shirk their financial liabilities. The course draws attention to the conflicting goals of corporate law (i.e. the limitation of liability) and environmental law (i.e. ensuring that polluters pay for damage caused) and encourages students to consider and develop solutions to this problem. Whilst the course focuses on EU environmental law, many of the concepts covered are relevant to other jurisdictions.


LS551P: INTERNATIONAL COMMERCIAL ARBITRATION (ON CAMPUS)

30 credits

Level 5

Both Sessions

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.

LS551R: CRIMINAL EVIDENCE AND PROOF

30 credits

Level 5

Second Sub Session

This course is comparative in nature and examines in depth various, key evidentiary doctrines, focussing upon the jurisprudence of the European Court of Human Rights and  differences in the approaches adopted by national  jurisdictions. Topics addressed include: the nature of proof; expert evidence; vulnerable witnesses; hearsay; the right to confrontation; similar facts evidence; corroboration; and the presumption of innocence. The emphasis is not so much on ‘black-letter law’ but on the principles and policies, often clashing, which underlie the detailed legal rules and regulations governing the relevant types of evidence.

LS551S: CRIMINAL LAW

30 credits

Level 5

First Sub Session

The course examines topics of current interest in criminal law from a theoretical perspective. The course focuses on the moral principles and policy considerations underlying specific criminal laws, rather than taking a purely “black-letter law” approach.  It considers how some of the most serious offences, such as murder and rape, should be defined and also examines various defences such as provocation, diminished responsibility, mental disorder, coercion and necessity.

LS551T: 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 few lectures and progresses to working within smaller groups in a workshop environment and finally to the submission of an individual assignment. It also incorporates elements such as library workshops to provide students with hands-on experience with the resources available for course and dissertation work.

LS5543: EUROPEAN ECONOMIC LAW

30 credits

Level 5

Second Sub Session

Historically, markets of the EEC/EU were integrated mainly on the basis of the case law of ECJ/CJEU using fundamental freedoms as a tool. Today, these freedoms are still an important pillar of the economic constitution, but free trade and competition between Member States’ undertakings have to be supported by other policies and the creation of competition in markets that suffer from market failure. This course looks at the integrating function of fundamental freedoms and develops further insights into the essential influence that the European Legal Order has on State domestic legal systems - and also, especially, on the economic systems. 

LS5549: THE USE OF FORCE IN INTERNATIONAL LAW

30 credits

Level 5

Second Sub Session

The course analyses how international law regulates the use of armed force between States. The course will first study the fundamental principle of the prohibition on the use of inter-State force. It will then examine the current exceptions to this principle, and how States try to justify the use of force. In doing so, the course will study the most recent recourses to force on the international plane, in particular in Kosovo, Afghanistan, Iraq, Libya, Syria, and Ukraine. Teaching will be delivered through discussion based seminars and lectures. Assessment is based on the drafting of an essay and an exam.

LS5584: TRADE MARKS AND BRAND DEVELOPMENT

30 credits

Level 5

Second Sub Session

This course tracks the ongoing interactions between trade mark and related laws on the one hand and the social and commercial practices of branding on the other.  Through the use of cases and contemporary examples throughout, the course views trade mark and related laws within their historical, current, and developing social and commercial contexts.  It offers a critical view of certain developments in the laws, their roles in and responses to the evolving practices of branding.  It provides students with both an analytical and a practical view on the protection of trade mark and related rights.

LS5585: INTERNATIONAL INVESTMENT 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.

LS5588: INTERNATIONAL TRADE AND FINANCE LAW

30 credits

Level 5

Second Sub Session

This course focuses on the difficulties which can arise when the buyer and seller of goods are located in different legal systems: we examine the sources of International Trade Law and the legal issues arising for buyer and seller in an international sale of goods transaction. We consider how to minimise or avoid these difficulties in the following contexts: the Sale of Goods Act 1979 and the CISG; Incoterms and bills of lading; International Documentary Letters of Credit; dispute resolution by litigation and arbitration.

LS5589: PRIVATE INTERNATIONAL LAW OF FAMILY LAW

30 credits

Level 5

Second Sub Session

To learn about the contribution of international instruments to private international law of family law, in particular those developed by the Hague Conference on Private International Law and the European Union. To analyse the Hague Conventions on International Child Abduction (1980), Maintenance (2007) and Intercountry Adoption (1993) and the EU Regulations dealing with child abduction and maintenance. Finally, to consider possible future regulation of international surrogacy arrangements.

LS5590: INTERNATIONAL HUMAN RIGHTS LAW

30 credits

Level 5

Second Sub Session

The course was designed to help students build competence in dealing with the doctrinal issues about international human rights. It involves understanding the place of human rights in public international law, finding one’s way around the foundational human rights documents and the jurisprudence of human rights bodies. The course delivery puts heavy emphasis on classroom discussion on the controversial issues on contemporary human rights law that shape doctrinal development in this field: the justifiability of torture, the limits of freedom of religion, the justiciability of social rights, etc

LS5592: CARRIAGE OF GOODS BY SEA

30 credits

Level 5

Second Sub Session

We look at the issues arising from the use of a ship to transport goods from buyer to seller when each is based in a separate legal system. We examine the contract of affreightment; the relevance of charterparties; the possibilities offered by Bills of Lading and analogous ‘documents’ (whether electronic or not). We consider the law concerning a cargo claim as it may involve the Hague Rules, the Hague-Visby Rules, the Hamburg Rules. We also evaluate the Rotterdam Rules. We consider international commercial dispute resolution of cargo claims by arbitration and litigation.

LS5593: OIL AND GAS LAW: TAXATION OF UPSTREAM

30 credits

Level 5

Second Sub Session

LS5594: DOWNSTREAM ENERGY LAW

30 credits

Level 5

Second Sub Session

The supply of electricity and natural gas – as network-related industries – presents specific regulatory challenges. These challenges are of particular importance in the context of the liberalisation of these sectors, i.e. the restructuring of these industries from monopolies to competitive markets. Will liberalised electricity and gas markets ensure security and reliability of energy supply? Will consumers be adequately protected against potential abusive behaviour of dominant market players? Is liberalisation compatible with the objectives of decarbonisation and environmental protection? The purpose of this course is to explore the law and policy framework governing energy supply in a liberalised market environment.

LS5595: COMMERCIALISING INNOVATION AND LAW

30 credits

Level 5

Second Sub Session

Students will explore the diversity of laws and practices relevant to commercialising innovation. We will consider patents, trade secrets, copyright and database rights, new business models, competition and (focussing on natural resources), communications and activities in developing areas. Visiting speakers from practice and industry are regularly invited. In the first session, students develop an innovative idea, as a base for discussion in each session. Seminars involve individual and group work, and the preparation of posters. Assessment is by essay and exam.

LS55DA: ADVANCED CIVIL LITIGATION

15 credits

Level 5

Second Sub Session

The course will build on the knowledge and experience students gained from the core Litigation course. The course will cover: the conduct of 2 case scenarios which will involve preparation and conduct of both a debate and a proof; client interviews; precognition taking; preparation of different types of civil pleadings; students will practice by role play the skills required to prepare and conduct civil cases in the sheriff court; summary cause and small claims procedures.

LS55DB: CONTRACTS

15 credits

Level 5

Second Sub Session

The course will cover: contractual drafting; contracts of sale; consumer contracts; Heads of Terms and offers; common law and implied terms; Share Purchase Agreement and Boilerplate clauses: Transfer of Undertakings (Protection of Employment) Regulations 2006; intellectual property; warranties and indemnities; Bribery Act 2010; assignation, assignment, novation and variations; exiting commercial contracts. Key skills will also be covered such as communication with clients, analysing key risk areas in relation to technical and legal matters, drafting, negotiation, and transaction based research.

LS55DC: CORPORATE FINANCE AND ACQUISITIONS

15 credits

Level 5

Second Sub Session

The course will cover: a role play scenario where students will work in groups acting for the purchaser and seller throughout the key stages of an acquisition transaction; drafting preliminary documentation; creation of a company as an acquisition vehicle; financial aspects of the deal; diligence and disclosure; the Share Purchase Agreement; the completion process including a mock completion meeting and post completion matters. Key skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

LS55DD: DISPUTE RESOLUTION

15 credits

Level 5

Second Sub Session

The course will develop knowledge and understanding of a range of available approaches to dispute resolution and consider the strengths and weaknesses of the different forms of dispute resolution in practice; scoping the dispute and the client’s attitudes to its resolution; development of a planned style and strategy for negotiation; conduct of a negotiation; mediation; expert referral; arbitration; enforcement in dispute resolution. Key skills will also be covered such as interviewing, listening, advising, persuading, processing conflicting information, client care, drafting and transaction based research.

LS55DE: FAMILY LAW

15 credits

Level 5

Second Sub Session

The course will cover: taking part in role play scenarios relating to disputes involving divorce, cohabitation and parental rights; taking instructions in a family law dispute; writing positional letters; drafting appropriate court documentation; negotiations which involve the parties and solicitors; interim interdict hearing; and child welfare hearing. Key skills will also be covered such as communication with clients, client care, drafting, negotiation, and transaction based research.

LS55DF: ENERGY LAW

15 credits

Level 5

Second Sub Session

The course will cover: the oil and gas licensing regime; the broader context within which the oil and gas industry operates; Joint Operating Agreements; exclusivity agreements; Joint Bidding Agreements; exclusion/indemnity clauses and risk allocation; access to infrastructure; renewable and planning issues; servitudes; health & safety and the environment qualifying disclosures and protected disclosures; the legal framework concerning decommissioning; the role of the media with particular reference to the Brent Spar incident; regulatory issues and responsibilities in the event of an oil rig disaster. Key skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

LS55DG: EMPLOYMENT LAW

15 credits

Level 5

Second Sub Session

Employment Law: Tribunal Practice and Procedure

The course will cover preparing and representing clients at Employment tribunals, and to develop advocacy and communication skills in dealing with and representing clients involved in employment disputes. Key skills will also be covered such as communication with clients; client and witness interviews; advocacy skills; drafting, negotiation, and transaction based research.

LS55DH: PUBLIC LAW AND ADMINISTRATION

15 credits

Level 5

Second Sub Session

The course will cover an overview of the institutions of Public Law; an examination of planning law; issues dealing with education, housing and social work; an examination of Equality and Human Rights law. The course will include a themed case study (e.g. Gypsy Travellers) which will be reviewed throughout the duration of the course. Key skills will also be covered such as communication with clients, drafting, negotiation, advocacy skills and transaction based research.

LS55UU: CULTURAL PROPERTY ISSUES: LAW, ART, AND MUSEUMS

30 credits

Level 5

Second Sub Session

Taught by museum and law academics, this course will examine cultural property issues  such as treasure trove, looting and repatriation, forgery, sacred and street art, and the derogatory treatment of art. Objects from the University Museum and collections worldwide will be drawn on to illustrate aspects of the course.  Museum practice and operational experience will also inform certain aspects.  Students will be encouraged to explore and develop their own ideas.  Facilitating this, the course will include a programme of case studies and/or issue papers to be presented by students for class discussion.      

 

LS5904: MASTER OF LAW DISSERTATION

60 credits

Level 5

Second Sub Session

Between May and mid-August students prepare a 10,000 word dissertation on a topic of their choice related to their specialist LLM programme. Students are instructed through the delivery of a preparatory lecture, two supervisory meetings and a two hour dissertation planning workshop in a small group setting. Students are expected to spend considerable time on independent research throughout the course of the dissertation module, including; preparation of dissertation plan, amendment of plan in accordance with supervisory comments, preparation for the dissertation workshop, and, of course, in the final 10,000 word dissertation itself.

LS5905: PROFESSIONAL ARBITRATION SKILLS

60 credits

Level 5

Second Sub Session

This course is taught over two weeks in June each year. It is highly practical and interactive, involving group discussion and debate, drafting, role play and presentations. Students are taken through the international arbitration process from drafting the arbitration clause, to jurisdiction, preliminary proceedings, the hearing, the award (judgement) and enforcing and challenging the award.  Practitioners in international arbitration deliver some of the tuition. There is no exam, assessment is by presentation, preparing written arguments and award (arbitral judgement) writing. Successful completion of the course can lead to exemption from the Membership examinations of the Chartered Institute of Arbitrators.

LS5906: OIL & GAS LAW PROFESSIONAL SKILLS – EXPLORATION AND PRODUCTION

60 credits

Level 5

Second Sub Session

This course allows students the opportunity to deploy the knowledge they have gained in the taught courses on the LLM Oil and Gas Law programme in two intensive week-long exercises designed to develop their professional skills. The first of these involves an insight into the building of a commercial case to farm-in to a petroleum licence whilst the second puts students in the position of state or commercial actors negotiating a Production Sharing Agreement. This course is available to students on the LLM Oil and Gas Law with Professional Skills programme.

LS59NS: SECURING ENERGY SUPPLY: OPERATIONS, INVESTMENT AND TRADE

30 credits

Level 5

Second Sub Session

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