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Postgraduate Law 2017-2018

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;. This course is available to students registering for the LLM Oil and Gas Law programmes (Dissertation or Professional Skills).

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

 

The course aim is to familiarise students with public international law and to analyse some of its major issues. Students will be required to study the key concepts of public international law in order to be able to participate effectively in the seminars. The first seminar will identify the principles and rules of public international law through an advanced knowledge of the main sources of this law, international customs and treaties; following seminars will assess critically the evolution of public international law in an era of crises.

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.

 

LS501U: INTERNATIONAL LAW: A TIME OF CHALLENGES

30 credits

Level 5

First Sub Session

The course analyses recent developments in public international law. It first considers the sources of public international law. The question is then asked whether traditional public international law can regulate pressing issues on the international plane. Examples of these problems are: international terrorism, nuclear weapons proliferation, protection of human rights, ethnic conflicts, climate change, and energy security supply. The course encourages the student to think creatively as an international lawyer to resolve contemporary international dilemmas. Teaching will be delivered through discussion based seminars. Assessment is based on the drafting of an essay and an exam.

LS501V: APPLIED ADVOCACY SKILLS

30 credits

Level 5

Both Sessions

 

This course aims to help students hone their analytical and advocacy skills and have those skills tested to the extent possible at a select international moot (such as the Willem Vis International Commercial Arbitration Moot). This course will culminate with students making written submissions to a select international Moot, and if qualified to do so, participating at the oral competition phase of the select Moot. The analytical and advocacy skills developed in this course are generic and transferrable. Through their work on this course, students will be able to bench mark their achievements in developing these skills.

LS502H: DECOMMISSIONING OF OFFSHORE INSTALLATIONS: REGULATORY ASPECTS

15 credits

Level 5

First Sub Session

The course provides students with a comprehensive overview of the means by which the law seeks to regulate the decommissioning of offshore installations.  The course will approach this issue from the perspective of international, domestic and comparative law and will also involve a critical appraisal of whether the current UK law is appropriate from a policy perspective, or in need of reform.

LS502K: COMPARATIVE CONTRACT LAW FOR INTERNATIONAL TRANSACTIONS

30 credits

Level 5

First Sub Session

When international commercial lawyers work with contracts, those contracts often engage parties from multiple countries with differing legal perspectives on how to interpret that same singular contract. This course is designed to enable commercial lawyers to understand how various legal traditions provide their own unique perspectives on a variety of contract formation and interpretation issues. The course will explore how different aspects of contract law can lead to unexpected differences or similarities across international legal cultures,

enabling an international commercial lawyer to be able to coordinate those issues for their clients. The course will focus on a variety of European legal systems, with additional discussions drawn from commercial systems in Asia and in the Americas.

LS502L: INTERNATIONAL INTELLECTUAL PROPERTY: FRAMEWORKS AND CHALLENGES

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.     

LS502N: INTERNATIONAL CRIMINAL LAW

30 credits

Level 5

First Sub Session

The course explores the history, ambit and nature of ICL and the notion of individual criminal responsibility, issues of immunities, superior orders and subordinate responsibility.  War crimes, crimes against humanity, genocide and the crime of aggression are also critically examined. National and international prosecution of international crimes with emphasis on the Rome Statute and the International Criminal Court (ICC) and questions of international cooperation to suppress international crimes are carefully studied in light of relevant cases such as decisions of the Nuremburg and Tokyo tribunals, the ICC, ICTY and the ICTR (tribunals for Yugoslavia and Rwanda respectively).  

LS502P: COPYRIGHT AND PATENTS

30 credits

Level 5

First Sub Session

This course is a substantive and critical analysis of two key areas of intellectual property law, copyright and patents, with a UK and European focus, and their impact on innovation and creativity. This course complements other innovation law LLM courses which focus on commercial, policy and sector matters.     

LS502Q: PRIVATE INTERNATIONAL LAW — JURISDICTION, RECOGNITION & ENFORCEMENT

30 credits

Level 5

First Sub Session

We examine the questions of jurisdiction and recognition and enforcement in relation to commercial matters involving private international law. We examine the general and special jurisdictional aspects of the Brussels I Regulation and the Recast Brussels I Regulation; choice of court agreements; recognition and enforcement and, international commercial arbitration.

LS502Y: REGULATORY LAW AND PRACTICE

15 credits

Level 5

First Sub Session

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

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 their 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, PhD students present their work at a conference to which research staff and students within the College of Arts and Social Sciences are invited. PhD 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.

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.

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.

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.

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.

LS551G: INTERNATIONAL HUMANITARIAN LAW

30 credits

Level 5

Second Sub Session

The course explores the history, nature and salient features of the the laws and customs of war, also called international humanitarian law (IHL). The laws are enshrined, inter alia, in the Geneva Conventions of 1949 and their Additional Protocols of 1977. The principles of distinction, humanity, necessity and proportionality as applied to contemporary armed conflicts are examined.  The course emphasises the rules and challenges pertaining to civilian immunity, occupation, legal controls on weapons and how IHL is implemented and enforced. It also clarifies the differences/complementarity between IHL and international human rights law and the law on the use of force.  

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 their 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, PhD students present their work at a conference to which research staff and students within the College of Arts and Social Sciences are invited. PhD 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.

 

 

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.

 

LS552C: ARBITRAL AWARD WRITING

15 credits

Level 5

Second Sub Session

This course is aimed at those wishing to secure Fellowship of the Chartered Institute of Arbitrators (FCIArb), or those who wish to practise as an arbitrator, whether through the CIArb route or not. It is an intensive, online four week course on how to write an award. The course carries a separate fee and is not a component part of the LLM programme. However, it may be attractive to those on the programme, whether on the PgCert International Arbitration or the LLM Arbitration route.

LS552J: DECOMMISSIONING OF OFFSHORE INSTALLATIONS: COMMERCIAL ASPECTS

15 credits

Level 5

Second Sub Session

The course provides students with a comprehensive overview of the commercial issues which arise when decommissioning offshore installations.  The course will focus in particular upon the UK example and in particular will consider the matter in the light of the MER obligation.&nbsp It will consider key contractual clauses, innovative contracting models, the legal (including tax) issues which arise as a result of decommissioning costs, and the interaction between the law of decommissioning and the law of insolvency.

LS552L: CLINICAL LEGAL PRACTICE

15 credits

Level 5

Second Sub Session

This course is a practical adjunct to the provision of pro bono publico ("for the public good") legal advice by DPLP students. It builds on voluntary activity already undertaken by students by encouraging them to reflect on those experiences and engage with work on a quasi-professional level to allow them to prepare a portfolio to showcase their live-client or outreach work for Aberdeen Law Project. This course can only be taken by students who volunteer for the Aberdeen Law Project during the first semester of the DPLP.

LS552N: COMMERCIAL TAX LAW AND POLICY

30 credits

Level 5

Second Sub Session

Tax law is an integral aspect of all international commercial activities; it is crucial for commercial lawyers to have an understanding of tax law even if they are not tax lawyers. This course is a tax law course for general commercial lawyers, providing a gentle introduction to the varieties of tax laws and policies. The course enables a general commercial lawyer to understand tax law and policy discussions, both as public policy concerns and as issues related to clients' commercial matters. The course covers the basics of tax models and introduces a variety of tax law systems, such as income tax, property tax, sales tax and VAT taxes. The course also explains how tax policy can affect corporate and commercial interests, such as the role of tax law in environmental protection, in energy resource stewardship, or in corporate social responsibility. In conclusion, the course is designed for general commercial lawyers to increase their professional skills and legal knowledge related to commercial tax law and policy.

LS552P: 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.

LS553G: INTERNATIONAL ARBITRATION PRACTICE (ACCELERATED)

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.

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 forces between States.  It is of interest to  students who want to understand the legal considerations which frame contemporary conflicts. The course will  study the fundamental principle of the prohibition on the use of inter-State force. It will examine the current exceptions to this principle, and how States try to justify the use of force. Consequently, 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 mainly through discussion based seminars.

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.

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

 

The legal framework for exploring for and producing hydrocarbons can be dynamic and complex. A number of layers are further added to the complexity through developing systems for ensuring an appropriate flow of revenue to the state. Many of these systems are extremely complex, and often ‘the devil is in the detail’: it is the precise terms of any legal arrangement that determine the balance of revenues between the state and the investor.

 

LS5594: DOWNSTREAM ENERGY LAW

30 credits

Level 5

Second Sub Session

The transport and supply of hydrocarbons (oil and gas) and electricioty is essential for modern civilisation. IF energy cannot get to the consumer, then energy security is threatened and economic development may be restricted.

These challenges are impotant in the context of the liberalisation of these sectors, especially the restructuring of these industries from monopolies to competitive markets. This course explores the law and policy framework governing the movement and distrtibution of energy, particulalry within a liberalised market, in an era of climate change. Topics covered include market liberalisation, energy security, gas sales and transport, and market regulation.

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.

LS55DJ: ADVANCED CRIMINAL 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 specific  cases which will involve the  preparation and conduct of a trial and an appeal: client interviews; witness statements and examining witnesses; preparation of different types of criminal pleadings and appeals. Students will practice by role play the skills required to prepare and conduct criminal  cases in the sheriff court:


The course will provide opportunities to enhance skills in the preparation, management and delivery of Criminal cases and to develop key advocacy skills.


LS55DK: NEGOTIATION

15 credits

Level 5

Second Sub Session

The course will develop knowledge and skills in both theory and practice on all aspects of negotiation. The course will cover preparation for a negotiation, including conducting an assessment of the client's position; review typical negotiation strategies; assessed the range of potential outcomes. Students will conduct negotiations across a range of disciplines.

The course will opportunities to develop and enhance key transferable skills and address  issues of confidentiality and ethical considerations in the negotiation process.

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.

LS5907: ENERGY LAW PROFESSIONAL SKILLS

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 Energy Law with Professional Skills programme in intensive exercises designed to develop their professional skills.  It aims to provide students with an insight into specific processes which form the practical context for the legal and regulatory knowledge and skills gained during the taught courses. It also informs them about how the regulatory context affects the planning of projects and the conduct of processes leading to their authorisation and implementation.

LS5908: ENERGY AND ENVIRONMENTAL LAW PROFESSIONAL SKILLS

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 Energy and Environmental Law with Professional Skills programme in intensive exercises designed to develop their professional skills.  It aims to provide students with an insight into specific processes which form the practical context for the legal and regulatory knowledge and skills gained during the taught courses. It also informs them about how the environmental regulatory context affects the planning of projects and the conduct of processes leading to their authorisation and implementation.

LS5909: PROFESSIONAL SKILLS: INTERNATIONAL TRADE NEGOTIATION

60 credits

Level 5

Second Sub Session

The LLM in International Trade Law and Treaty Negotiation programme blends delivery of advanced level teaching with training in the practical skills necessary to negotiate international trade agreements. The course is taught over two weeks at the end of May and beginning of June. It is a highly practical and interactive course which aims to equip students with the practical skills necessary to negotiate international trade agreements. The opportunity to negotiate 'mock' international trade agreements offers students an exciting setting to apply the technical legal knowledge acquired during the programme in a highly practical setting, something that is always of interest to students and employers alike.

LS5913: PROFESIONAL SKILLS: INTELLECTUAL PROPERTY

60 credits

Level 5

Second Sub Session

This course enables students to develop expert professional and practical skills in intellectual property law. 

LS59NS: SECURING ENERGY SUPPLY: OPERATIONS, INVESTMENT AND TRADE

30 credits

Level 5

Second Sub Session

This is the Aberdeen block of the North Sea Energy Law Programme (NSELP) and can only be taken by students on the NSELP programme. 

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