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LX4572: MULTINATIONAL COMPANIES AND THE LAW (2017-2018)

Last modified: 21 Mar 2017 13:41


Course Overview

This is an optional course for students interested in the largest and most powerful type of company – the multinational company. This course would be suitable for those students seeking to specialise in corporate law, or oil and gas law.  The course will examine the nature of this cross-border, international corporate entity, why multinationals are difficult to regulate, the inter-group relationships between parent companies and their subsidiary and affiliated companies. Discussion of the role and the liabilities of directors in such multinational corporate groups will also be analysed.

Course Details

Study Type Undergraduate Level 4
Session Second Sub Session Credit Points 30 credits (15 ECTS credits)
Campus Old Aberdeen Sustained Study No
Co-ordinators
  • Dr Tom Burns

Qualification Prerequisites

  • One of Programme Level 3 or Programme Level 4 or Programme Level 5

What courses & programmes must have been taken before this course?

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

None.

Are there a limited number of places available?

Yes

One or more of these courses have a limited number of places. Priority access will be given to students for whom this course is compulsory. Please refer to the Frequently Asked Questions for more details on this process.


Course Description

Course Aims: To examine the business and legal organisation of multinational companies and how these businesses may be regulated at national, regional and international level. To consider the principal commercial, legal and social issues raised by their operations. Main Learning Outcomes: At the end of the course the student should obtain: 1. An understanding of the legal and regulatory problems created by the operations multinational companies 2. An understanding of the nature and the continuing development of the multinational companies 3. A critical understanding of the principle regulatory issues relating to the control and accountability of multinational companies 4. An understanding of the competing theories and ideologies that influence the regulation of the multinational companies 5. An understanding of the inter-relationship between the different levels of regulation that apply to multinational companies (e.g. national, regional, international, multilateral levels of regulation). Subject-Specific Skills and Concepts Students will be able to: 1. Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information using paper and electronic sources; 2. Use recognised methods of citation; 3. Use sources to support arguments and conclusions; 4. Recognise, analyse, and rank arguments and evidence in terms of relevance and importance by managing volume of legal sources and select key material to construct written or oral answers to a legal problem; 5. Identify the legal problem from information provided; 6. Address problems by reference to relevant material; 7. Bring together, integrate, compare and synthesise information and materials from a variety of different sources, which explore policy and doctrinal issues; 8. Be able to find in paper form legislative and case law materials in the Law Library; 9. Present arguments for and against propositions; 10. Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments; 11. Apply knowledge and analysis creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law; 12. Think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions and make choices as to the most preferable; 13. Communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience (through submission of exam answers, essays, samples thereof and participating in tutorial discussion); 14. Communicate in plain English, with legal terminology only as needed; and 15. Display informed knowledge and understanding of the social, economic, moral and ethical contexts in which law operates by demonstrating legal knowledge in association with related policy, underlying social conditions, professional ethical issues and moral issues. Key Skills (Transferable) 1. Communicate orally and in writing; 2. Ability to work effectively in small groups to contribute to the group’s task; 3. Ability to work independently, to organise and manage time, stress and effort in performance of tasks; 4. Problem solving skills; 5. Critical analysis; 6. Logical argument; 7. An ability to synthesise and organise complex materials and arguments; 8. With limited guidance act independently, and where appropriate as part of a team, in planning and undertaking tasks; 9. Conduct formal and informal oral presentations; 10. Make appropriate use of technology in research, writing and oral presentations; and 11. Reflect on own learning and to seek and make use of feedback. Content: Nature of the multinational company; development and growth of the multinational companies; modern company law and the evolution of group structures; analysis of the different legal forms of the multinational companies (including contractual formations, equity based groups joint ventures, informal alliances, supranational forms of international business).

  • The regulation of the multinational companies: role of ideology and theory in shaping the law.
  • Impact of globalisation on multinational companies.
  • Types of regulation.
  • Home country regulations and host country regulation (including the control of inward investment by host states). Group liability and directors’ duties.

Degree Programmes for which this Course is Prescribed

None.

Contact Teaching Time

12 hours

This is the total time spent in lectures, tutorials and other class teaching.

Teaching Breakdown


Assessment

1st Attempt: A three-hour written exam (100%). Resit: None.

Formative Assessment

Coursework essay (1,500 words and 2,000 words for MA students).

Feedback

Feedback will be provided on the feedback form within three weeks from the date of submission.

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