Law

Law
LS5003 - Competition Law
Credit Points
30
Course Coordinator
Dr Jonathan Fitchen

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

Intended learning out-comes
**Awareness of the law on competition;
**Awareness of the sources of competition law;
**Awareness of the possible inadequacies of competition law;
**Ability to act as part of a group; to organise own learning and development; to manage own time; to express ideas clearly and cogently both orally and in writing; to extract, analyse and apply information from a variety of sources; to listen effectively.
**Ability to find, read and analyse a variety of legal materials.
**Ability to develop logical arguments, and a critical faculty in relation to competition law.

Structure

10 x 2-hour lectures
4 x 2-hour seminars

Assessment

3 hour examination ('closed book')

LS5004 - European Court of Justice: Judicial Activism
Credit Points
30
Course Coordinator
Professor Paul Beaumont

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

a. Court's method of interpretation and the question of whether it engages in judicial activism.
b. Fundamental Human Rights
c. Locus standi of non privileged applicants;
d. Mandatory preliminary rulings
e. The question of direct effect, indirect effect and damages against the State for failure to implement a Community Union Directive;
f. Whether reforms made at Maastricht, Amsterdam and Nice have given sufficient power to the European Parliament to control the Commission and the Council in the Community law making process.External competence of the European Union.

Structure

Six 2-hour seminars
Introductory and revision seminars

Assessment

3000 word essay (25%); 3 hour examination (75%)

LS5021 - Comparative and International Insolvency Law
Credit Points
30
Course Coordinator
Ms Donna McKenzie Skene

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

The course aims to examine the law relating to domestic insolvency in selected jurisdictions, to assess what lessons for domestic insolvency law (if any) may be learned from these jurisdictions, to examine a number of topics in the field of international insolvency, to assess the potential impact of current initiatives in the international insolvency field on law and practice in the UK and internationally and to develop independent research skills and the ability to analyse complex material and to formulate an independent response to such material.

By the end of the course, students should:
* have a detailed knowledge and understanding of the theoretical and practical impact of the law in relation to the topics studied
* have developed independent research skills and
* have the ability to analyse complex legal materials and issues and to formulate an independent response to them.

Structure

Eight 2-hour seminars

Assessment

1. continuous assessment, comprising (i) a piece of coursework of 2,000 words based on the work of seminar 4(counting for 20% of the final assessment) and (ii) an essay of 3,000 words (counting for 30% of the final assessement)
2. 1 x 3 hour examination to be held in January 2006 (counting for 50% of the final assessment).

LS5036 - International Planning Law
Credit Points
30
Course Coordinator
Anne-Michelle Slater

Pre-requisites

None

Co-requisites

None

Overview

International, European and UK law of town and county planning; conservation of the and built environment; the regime for regulation and facilitating development. The course will be international and comparative in the material it covers but with an emphasis on the UK and USA systems.

Structure

Six 2-hour seminars

Assessment

One three-hour written examination (75%); continuous assessment (25%)

LS5037 - International Law of Biodiversity Conservation
Credit Points
30
Course Coordinator
Dr Kathryn Last

Pre-requisites

None

Co-requisites

None

Notes

This course will not un in 2010/11

Overview

The course will consider the concept of biodiversity in international and European law and will examine in detail a number of regimes for its conservation, including:
* Convention on Biological Diversity (Rio) 1992
* Bonn Convention on the Conservation of Migatory Species of Wild Animals 1992
* Bern Convention on the Conservation of European Wildlife and Natural Habitats 1979
* Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites) 1973
* Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar) 1971
* Council Directive 92/43/EEC on the Conservation on Natural Habitats and of Wild Fauna and Flora
* Council Directive 79/409/EEC on the Conservation of Wild Birds

Structure

Six 2-hour seminars

Assessment

One three-hour written examination (75%); continuous assessment (25%).

LS5039 - Issues in Criminal Justice
Credit Points
30
Course Coordinator
Prof Peter Duff

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course will cover the following range of topics: prosecution systems; the accused; victims; plea-bargaining and modes of trial; appeals; and models of the criminal justice process. Students should acquire an awareness of the main characteristics of the criminal justice process; a knowledge of the main types of modern criminal justice systems; an understanding of various theoretical models of criminal justice; an appreciation of comparative legal methods.

Structure

Six 2-hour seminars

Assessment

1 x 2-hour final examination. (67%)
4,000 word essay. (33%)

LS5044 - Corporate Governance by Distance Learning
Credit Points
30
Course Coordinator
Dr J Paterson

Pre-requisites

none

Co-requisites

none

Notes

none

Overview

What is corporate governance and why does it matter?
Economic and socio-political perspectives on the firm and corporate governance.
self-regulating approaches to corporate governance - the growth of codes.
The recent reform agenda in the UK.
Current issues in corporate governance internationally (eg US).

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

One, 2,000-word essay (25%) and one three-hour written exam (closed book) (75%).

LS5045 - Oil & Gas: state Control
Credit Points
30
Course Coordinator
Dr John Paterson

Pre-requisites

Only available to students registered on the LLM Oil & Gas Law programme

Overview

Indicative syllabus:
• Energy security
• Production Sharing Contracts
• Licensing
• Mature Province Initiatives
• International Maritime Boundaries
• Contemporary Issues

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions

Assessment

One 2,000 word essay (25%) and one 3-hour written exam (closed book) (75%)

LS5046 - Oil & Gas: Contracting
Credit Points
30
Course Coordinator
Greg Gordon

Pre-requisites

Only available to students registered on the LLM Oil & Gas Law programme

Overview

Indicative Syllabus:
• Joint Operating Agreements
• Property Law Implications of Oil & Gas Transportation
• Dispute Resolution
• Risk Allocation

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions

Assessment

One 2000 word essay (25%) and one 3-hour written exam (closed book) (75%)

LS5049 - Private Internaational Law of Business Transactions: Jurisdictions
Credit Points
30
Course Coordinator
Dr Christa Roodt

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course will give students an understanding of the jurisdictional issues that are relevant in international commercial litigation. Topics covered include:
1. jurisdiction in the UK and European Judicial Area
2. special jurisdiction in contract and tort
3. jurisdiction agreements in the European Judicial Area and globally
4. responses to forum shopping in the European Judicial Area.

Structure

One introductory session
6 x two-hour seminars
One revision class.

Assessment

One three-hour written examination (75 %); continuous assessment (25 %). Class essay 2500 words in length (word limit excludes footnotes and appendices).

LS5051 - Apartment & Tenement Ownership
Credit Points
30
Course Coordinator
Professor C van der Merwe

Pre-requisites

none

Co-requisites

none

Notes

none

Overview

This course covers, an historical and comparative overview of the institution of apartment ownership; individual and common property; participation quotas for maintenance; the establishment of apartment ownership schemes and the acquisition of title in a unit; whether the owner of an apartment acquires genuine ownership of the apartment; sanctions to enforce obligations; settlement of disputes; alterations and improvements; developments in phases; management and administration; and termination of apartment ownership schemes; and the conversion of rental buildings to apartment ownership schemes.

Structure

Eight 2-hour seminars

Assessment

Assessed Essay (25%)
3-hour Examination (75%)

LS5054 - Private International Law: Concepts and Institutions
Credit Points
30
Course Coordinator
Dr. Christa Roodt

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course will give students an understanding of the concepts and institutions associated with Private International Law in Europe and globally. Topics covered include:
1. Origins of Private International Law
2. Theory, Concepts and Method in Private International Law
3. Conceptual Devices in Choice of Law : Classification, Renvoi and the Incidental Question
4. International Mandatory Rules and Public Policy in choice of Law
5. Co-ordination or Competition: Which Model Suits Private International Law Today?
6. The Hague Conference on Private International Law
7. The EU and the Development of Private International Law

Structure

One introductory session
7 x two-hour seminars
One revision class.

Assessment

First attempt: three-hour written examination (75 %); continuous assessment (25 %). Class essay 2500 words in length (word limit excludes footnotes and appendices).

LS5064 - International Tax Law
Credit Points
30
Course Coordinator
Mark Bowler Smith

Pre-requisites

None

Co-requisites

None

Notes

This course will not run during 2010/11.

Overview

The subject is structured around three topics:
1. An introduction to international tax law, with particular reference to the relevant rules of public international law. Current issues which are of pre-eminent importance will be examined in detail.
2. Double taxation conventions (DTCs or tax treaties), their interpretation and application. The scope for review of the system of DTCs in a global market.
3. International tax avoidance and the measures adopted by States to counter such avoidance: tax havens; transfer pricing; harmonisation.

Structure

Assessment

3 hour exam (100%)

LS5065 - Dimensions of crime and criminological thought
Credit Points
30
Course Coordinator
Dr Liz Campbell

Pre-requisites

None

Co-requisites

This course will not be available during the 2010/2011 academic year

Overview

The media and crime
Children, young people and crime
Mental illness and crime
Women and crime
Masculinities and crime
Victims of crime

Structure

1 x 1hr introductory lecture, 6 x 2hr seminars, 1 x 1hr revision class.

Assessment

1st attempt: 2 hour written examination (50%); 5,000 word essay (40%); Seminar presentation (10%, on a pass/fail basis).

LS5067 - Core Skills for Research Students
Credit Points
10
Course Coordinator
Dr Catherine Ng

Pre-requisites

Admission to LLM by research or PhD.

Overview

Through a series of class assignments and class discussions, this course takes Post-Graduate Research Law students from the process of the derivation of thesis statements to literature review, to the writing of abstracts and the structuring of the overall research. The course will also hold workshops on various research and analytical tools.

Structure

- compulsory attendance at six 2-hour fortnightly course seminars,
- presentation at the Core Skills Presentation Conference (compulsory for PhD candidates only, optional for LLM candidates),
- satisfactory completion of
o all class assignments,
o a capstone paper of approximately 10,000 words (PhD candidates only), and
o the form indicating an Intention to Present at the Core Skills Presentation Conference (presenters only),
- compulsory attendance at 3 additional research seminars and/or conferences selected by the candidate.

Assessment

LS5068 - The Politics of Human Rights
Credit Points
30
Course Coordinator
Matyas Bodig

Pre-requisites

None

Overview

1. Introduction: Human rights in international relations
2. The liberal vision of international order: Rawls; theory of the 'law of peoples'
3. Sociological and anthropological approaches to human rights
4. Global civil society and human rights
5. Economic globalisation and human rights
6. A case study: human rights and the oil and gas industry
7. Summary: human rights in comparative politics

Structure

1 introductory lecture, at least 5 seminars and a consluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

One 3000 word essay (30%) and one three-hour written exam (70%).

LS5069 - Private International Law Aspects of International Commercial Arbitration
Credit Points
30
Course Coordinator
Christa Roodt

Pre-requisites

None

Co-requisites

LS5054 (for students on the Private International Law Masters Programme only).

Overview

1. Arbitration concepts, institutions and instruments
2. Arbitration in Scotland, the UK and Europe.
3. Role of national courts in supporting international commercial arbitration.
4. Choice of law in international commercial arbitration.
5. Drafting of an international arbitration clause or submission agreement.
6. Current issues in international commercial arbitration.
7. Arbitration in Scotland, the UK and Europe.

Structure

1 introductory session, 6 two-hour seminars, 1 revision class.

Assessment

One two-hour written examination (75%); continuous assessment (25%). Class essay 2500 words in length (word limit excludes footnotes and appendices).

Resit: 1 two-hour written examination (100%).

LS5070 - Renewable Energy Regulation LLM
Credit Points
30
Course Coordinator
Dr Aylwin Pillai

Pre-requisites

none

Co-requisites

none

Notes

none

Overview

The aim of this course is to develop a critical appreciation of some current issues in the field of Renewable Energy Law. The course will cover inter alia: the consent procedures for the different forms of renewable energy in the UK; the policy commitments at international, European and UK level and how those policy commitments are translated into the UK regulatory system; the relationship with other rural development issues such as landownership, tenancy and the planning system; and the environmental impacts of renewable energy schemes and the means of regulating those environmental impacts within and outwith the consents procedure (including conditions of consents and the role of Environmental Impact Assessment).

Structure

Assessment

One three-hour written examination worth 60%, and a presentation element worth 40% (of which 20% will comprise a group presentation and 20% a piece of individual written work on the presentation topic).

LS5071 - Controversial Issues in the European Convention on Human Rights
Credit Points
30
Course Coordinator
Dr Angus Campbell

Pre-requisites

None

Co-requisites

None

Notes

Dr Peggy Ducloulombier is co-teacher on this course

Overview

Course aims: to develop a critical understanding of the strengths and weaknesses of the European Convention on Human Rights, its cases and doctrines.;
b. The learning outcomes of this course (i.e. what members of the class should have learned and be able to do as a result of the seminar programme and their own private study): a critical appreciation of the ECHR case law and doctrine.

Structure

Seminars only

Assessment

1 x essay - 4,000 words. (33%)
1 x 3-hour exam (67%)

LS5074 - International Tax Law (Distance Learning)
Credit Points
30
Course Coordinator
Mark Bowler Smitth

Pre-requisites

none

Co-requisites

none

Notes

This course will not run in 2010/11

Overview

The purpose of the course is to consider current issues in international commerce as they relate to taxation in a global market. The methodology adopted is that of topic specific seminars which cover key current issues in international law.

Students will approach the subject from a range of differing academic backgrounds. The course aims to set the context in UK tax law for an examination of contemporary issues in international tax law with special emphasis on the European dimension. This is to be done by subject-specific analysis of prominent issues, at a level of study appropriate for the LL.M.

Structure

10 Sessions

Assessment

One 3 hour

LS5075 - Intellectual Property Law 1
Credit Points
30
Course Coordinator
Dr R Goldberg

Pre-requisites

None

Co-requisites

None

Overview

The course considers the following topics of Intellectual Property Law, which may vary from year to year: for example, introduction to IP, copyright (justifications; basic concepts; subsitence; subject matter; originality; authorship and ownership; duration; economic rights; remedies; dealings; moral rights); designs.

Structure

10x 2-hour seminars, weekly unless otheriwse arranged.

Assessment

One 3 hour exam.
Resit: one resit attempt to be permitted and taken at the next available exam diet.

LS5076 - Oil and Gas Law
Credit Points
30
Course Coordinator
Dr John Paterson

Pre-requisites

This course is NOT available to students registered on the LLM Oil & Gas Law programme.

Overview

- Licensing
- Production Sharing Agreements
- International Maritime Boundaries
- Joint Operating Agreements
- Risk Allocation
- Decommissioning of Offshore Installations

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

One 2000 word essay (25%) and one 3-hour written exam (closed book) (75%).

LS5078 - The Evolution of International Law in a World of Crises
Credit Points
30
Course Coordinator
Dr Couzigou Irène

Pre-requisites

This course is compulsory for students registered on the LLM International Law and Globalisation programme.

Co-requisites

None

Notes

None

Overview

The course aims to analyse recent developments of public international law, with a special emphasis on evidentiary problems of state practice; it considers whether globalisation has given rise to problems which states are not able to regulate through custom or treaty, and whether soft law can be a substitute; the question is asked how far globalisation weakens the capacity of states taken together to regulate pressing issues of international society through traditional international law; examples of this problem area are terrorism, nuclear weapons proliferation, ethnic conflicts, climate change; finally, the question is explored whether there is a cosmopolitan culture which can ground new principles of international law, or whether different rules are emerging from different regional cultures.

Structure

6 two hour seminars

Assessment

Essay of 2,500 words (20%)
Examination of 3 hours (80%)

LS5079 - Oil and Gas Law: State Control (Distance Learning)
Credit Points
30
Course Coordinator
Dr John Paterson

Pre-requisites

x

Co-requisites

x

Overview

x

Structure

x

Assessment

x

LS5080 - Governance in a Globalised Economy
Credit Points
30
Course Coordinator
Dr Angus Campbell

Pre-requisites

None

Co-requisites

None

Notes

This course will be taught in the first half session from 2010/2011. The course is taught in a block teaching format by Professor Florian Becker

Overview

Course Aims: Familiarizing students with the concept of governance in a globalised economy; gaining a deeper insight into the concepts and problems of governance by scrutinizing and analysing selected problems in that area.
Main Learning Outcomes: Helping students to broaden their view beyond classic legal concepts and familiarising them with interdisciplinary working methods the insights of which feed back into the legal discourse.
Content: The notion and history of governance; governance corporations, on regional and international level; global governance as a “soft” method of law enforcement; networks as non-hierarchical forms of organisation; (seemingly) stateless self-governance; transnational public authorities.

Structure

1 introductory class, 6 two hour seminars, 1 revision class: class will be split in two, if number of students exceeds 20.

Assessment

One 3-hour written examination (100%)

LS50NS - Securing Energy Supply: Operations, Investment and Trade
Credit Points
30
Course Coordinator
Mr Greg Gordon

Pre-requisites

None

Overview

1. Regulatory interventions in mature oil and gas provinces.
2. Regulation of Health, Safety and Environmental issues in the oil and gas industry.
3. Regulation of nuclear energy.
4. International legal approaches to investment protection.
5. International legal approaches to trade.

Structure

The course will be taught intensively over a two-week block, preceded by preparation by students and followed by submission of a piece of coursework.

Assessment

1st attempt: One presentation (25%); one 5000 word essay (75%).

Resit: One 5000 word essay.

LS5507 - Private International Law of Family Law
Credit Points
30
Course Coordinator
Professor Paul Beaumont

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

The course will focus on the contribution of international conventions to private international law of Family Law. In doing so the working methods of and the significance for private international law of the Hague Conference on Private International Law and the European Union will be assessed. Specific conventions in the areas of divorce, custody, child abduction, maintenance and adoption will be analysed and the EU Brussels II bis Regulations and Maintenance Regulations.

Structure

Seven 2-hour seminars
An introductory and revision session

Assessment

Two 2000-word essays (12.5% each)
final 3-hour examination - (75%)

LS5509 - European Legal History
Credit Points
30
Course Coordinator
x

Pre-requisites

x

Co-requisites

x

Overview

x

Structure

Assessment

LS5515 - Contemporary Issues in UK Commercial Law
Credit Points
30
Course Coordinator
Professor ADM Forte

Pre-requisites

None

Co-requisites

None

Notes

This course will not run during 2010/11.

Overview

By the end of the course you should have acquired in relation to UK Commercial Law:
(i) in-depth knowledge of several areas of modern commercial law;
(ii) the ability to articulate and debate complex commercial issues;
(iii) the ability to apply knowledge gained through the course to commercial problems.

Structure

6 x seminars
An introductory and revision session

Assessment

Two essays, 2500 words maximum (12.5% each)
3-hour unseen examination (75%)

LS5518 - International Human Rights Law
Credit Points
30
Course Coordinator
Dr Mátyás Bodig

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

To develop a familiarity with the literature and legal sources of international human rights law which will enable the student to keep their specialist knowledge up to date;
To become aware of the problems relating to the effectiveness and enforcement of global human rights law;
To become aware of the source of international human rights protection;
To learn to organise own learning programme and manage their time effectively;
To be able to assimilate large amount of material and extract form it relevant information to successfully prepare for and complete each seminar and written assignment;
To be able to listen effectively in class; and
to be able to express ideas cogently orally and in writing.

Structure

Seven 2-hour seminars
An introductory and revision session

Assessment

3-hour degree examination (70%)
1 x essay - 3,000 words, (30%)

LS5520 - International Law and the Trade in Art
Credit Points
30
Course Coordinator
Christa Roodt

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

1. Liability of vendors and purchasers for tracing illicit antiquities and liability of vendors and auction houses for attributions
2. Artist’s rights on subsequent transfer
3. State ownership and rights of pre-emption
4. Passing of title to stolen art: limitation and restitution
5. Art loans and anti-seizure provisions
6. Restrictions on international movement.

Structure

One introductory session
6 x two-hour seminars
One revision class

Assessment

First attempt: 2-hour examination -- 50%
Class essay (5000 words maximum) -- 50%

LS5531 - Criminal Evidence and Proof
Credit Points
30
Course Coordinator
Professor Pete Duff

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

The course will cover the following range of topics:
Proof and understanding probability; Expert evidence and DNA in criminal cases;
Corroboration and Similar Fact Evidence in Criminal Trials;
Right to silence, burdens of proof and human rights; Hearsay; Vulnerable witnesses.

Students should acquire an understanding of the main characteristics of evidence law; a knowledge of different approaches to the law of evidence; and an appreciation of comparative legal methods.

Structure

Six 2-hour seminars

Assessment

Essay, 3000 words maximum - (25%)
3-hour exam - (75%)

LS5536 - Marine and Coastal Law
Credit Points
30
Course Coordinator
Anne-Michelle Slater

Pre-requisites

None

Co-requisites

None

Overview

International, European and UK law of marine and coastal law; the legal regime controlling development in marine and coastal waters; conservation and preservation of marine species and habitats of the natural and built environment; the regime for regulating and facilitating development.
The course will be international and comparative in the material it covers but with an emphasis on the UK and European legal systems.

Structure

Six 2-hour seminars

Assessment

A three-hour written exam (75%); continuous assessment (25%)

LS5537 - Principles of Environmental Regulation
Credit Points
30
Course Coordinator
Dr Aylwin Pillai

Pre-requisites

None

Co-requisites

None

Notes

This course will not run in 2010/2011

Overview

This course will examine the different theoretical approaches to environmental regulation, including:
* The precautionary principle
* The Polluter-pays principle
* The preventive principle

It will also consider different regulatory techniques, such as:
* Civil liability
* Command and control techniques
* Economic instruments
* Negotiation and agreements

Structure

Six 2-hour seminars

Assessment

One essay of no more than 4000 words (40%)
Three hour written examniation (60%)

LS5539 - International Criminal Law
Credit Points
30
Course Coordinator
Sarah Bleichner

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

To develop a critical understanding of the issues surrounding crimes which have an international or transnational dimension.
To develop a critical understanding of the concept of crimes against international law, and the elements of the principal offences of this nature.
To develop a critical understanding of the principal defences to crimes against international law.
To develop a critical understanding of the principal forms of international cooperation in the investigation, prosecution and punishment of offenders.

Structure

Eight 2-hour seminars

Assessment

1 x essay - 4,000 words (33%)
3-hour final examination (67%)

LS5540 - Comparative and International Perspectives on Company Law
Credit Points
30
Course Coordinator
Tom Burns

Pre-requisites

None

Co-requisites

None

Notes

This course will not run during 2010/11.

Overview

Introductory seminar on the forces of globalisation and the pressure for some degree of alignment in company laws.
The parameters of comparative company law.
A comparative review of the national laws on the regulation of companies.
Limits to limited liability: a comparative review of the rules on "lifting the veil of incorporation".
A comparative study of the laws on directors' duties.
The multinational company.
Franchising as a case study on market-entry strategies for companies engaged in international trade.

Structure

A mix of lectures and seminars over the 12 timetabled teaching sessions.

Assessment

100% Continuous Assessment - 2 essays 4-5,000 words (50% each)

LS5542 - Corporate Governance
Credit Points
30
Course Coordinator
Dr John Paterson

Pre-requisites

None

Co-requisites

None

Overview

What is corporate governance and why does it matter?
Economic and socio-political perspectives on the firm and corporate governance;
self-regulating approaches to corporate governance - the growth of codes; the recent reform agenda in the UK.
Current issues in corporate governance internationally (e.g. US)

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

One, 2,000-word essay (25%) and one three-hour written exam (closed book) (75%).

LS5543 - European Economic Law
Credit Points
30
Course Coordinator
Dr Angus Campbell

Pre-requisites

None

Co-requisites

None

Notes

This course is taught in block teaching format by Professor Florian Becker

Overview

Constitutional framework of the EU intervening into the economic system; basic assumptions on the relationship of state(s) and economic systems; fundamental rights and freedoms (of services, goods and capital) as a framework of economic activity; selected topics of EU economic law: state aids, state owned companies, public procurement; economisation of other areas of EU-law (e.g. environmental law).

Structure

1 introductory class, 6 two hour seminars, 1 revision class.

Assessment

One 4000 word essay (40%)
One 3-hour written examination (60%)

LS5547 - Comparative & International Perspectives on Company Law (distance learning)
Credit Points
30
Course Coordinator
Thomas Burns

Pre-requisites

None

Co-requisites

None

Notes

This course will not run in 2010/11

Overview

Introductory seminar on the forces of globalisation and the pressure for some degree of alignment in company laws
The parameters of comparative company law
A comparative review of the national laws on the regulation of companies
Limits to limited liability: a comparative review of the rules on 'lifting the veil of incorporation'
A comparative study of the laws on directors' duties
The multinational company.

Structure

A mix of lectures and seminars over the 12 timetabled teaching sessions

Assessment

The course will be assessed by continuous assessment. The continuous assessment may consist of a minimum of two and a maximum of three pieces of coursework. The final piece of coursework, which shall be an essay, will be worth 50%. The other assessed work shall be worth the remaining 50% of the marks.

LS5548 - Oil & Gas Law: Regulation
Credit Points
30
Course Coordinator
Scott Styles

Pre-requisites

only available to students registered on the LLM Oil & Gas Law programme

Overview

Indicative syllabus:
• Approaches to regulation
• Occupational health and safety
• Decommissioning of offshore installation
• Environmental regulation

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

One 2000 word essay (25%) and one 3-hour written exam (closed book) (75%)

LS5549 - Use of Force and International Law
Credit Points
30
Course Coordinator
Dr Couzigou Irène

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

The course aims to analyse how International Law regulates the use of force. It will examine what types of arguments states tend to use to “justify” the use of force in international situations; how international legal scholars have addressed this issue. The course will study how International Law has reacted to the most recent cases involving the use of force in International Law and what are the implications of the current legal construction of the use of force in the field of international politics. Finally, the course will consider the limits of the legal standards on the use of force in the search for a non-violent future.

Structure

6 two hour seminars

Assessment

Essay of 2,500 words (20%)
Examination of 3 hours (80%)

LS5550 - Trade Marks
Credit Points
30
Course Coordinator
Dr Catherine Ng

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course reviews how trade mark laws, both statutory and common law, have evolved to their current states and takes a critical view of this development and the current laws as they stand. It will also attempt to trace the trajectory of future developments and considers the boundaries which should and which currently do define these laws.

Structure

Six 2-hour fortnightly seminars

Assessment

1 assessed essay of no more than 2500 words (25%)
1 three hour written examination 75%

LS5552 - State Jurisdiction and Transnational Litigation
Credit Points
30
Course Coordinator
Dr X Yang

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

The course aims to provide students with the opportunity to examine and critically assess, from the perspective of Public International Law, key issues concerning State jurisdiction and exemptions therefrom in the broad context of globalisation; to help students gain a deeper insight into various jurisdictional problems involved in initiating transnational litigation by examining a selection of core issues in this field, such as territorial jurisdiction and its ramifications; the notion of State immunity and exceptions thereto under current international law; the notion of universal jurisdiction and the difficulties involved nits exercise; the protection of human rights and the issues of jurisdiction; and the role of international tribunals.

Structure

2 hour seminar or discussion will introduce each particular topic.

Assessment

Closed book examination - 3 hours.

LS5553 - Legal Issues in EU Law
Credit Points
30
Course Coordinator
Dr A Campbell

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course will allow and encourage students to acquire a critical understanding of selected areas of EC Substantive Law, including ECHR cases. At the end of the course students should have a thorough grasp of the law and have demonstrated ability to act as part of a group; to organise individual learning and development; to manage individual time; to express ideas clearly and cogently both orally and in writing; to extract analyse and apply information from a variety of sources; to listen effectively; to find, read and analyse a variety of legal materials; to develop logical arguments, to exercise a critical faculty in relation to legal materials; to demonstrate individual writing skills

Structure

Seminars

Assessment

1 x final examination

LS5561 - Choice of Law in Business Transactions
Credit Points
30
Course Coordinator
Dr. Sophia Tang

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course will give students an understanding of the choice of law issues that are relevant in international business transactions. Topics covered include:
1. theoretical concepts
2. party autonomy in contracts
3. absence of choice
4. choice of law in delict.

Structure

One introductory session
6 x two-hour seminars
One revision class.

Assessment

One three-hour written examination (75 %); continuous assessment (25 %). Class essay 2500 words in length (word limit excludes footnotes and appendices).

LS5562 - Sustainable Development and Law
Credit Points
30
Course Coordinator
Dr Aylwin Pillai

Pre-requisites

None

Co-requisites

None

Notes

This course is compulsory for those students registered for the LLM Law and Sustainable Development programme

Overview

The aim of this course is to provide an in-depth, legal examination of the principle of sustainable development. Political use of the term in the international, European and national arenas has become prolific in recent years and it increasingly plays a central role in national policies and in national legislation. This course examines the development of the principle: including the emerging legal status of the principle in international law; the different meanings and perspectives of the principle (in international, European and UK contexts); and the operation of the principle in practice in the UK. Finally, students are encouraged to critically consider the relationship between the principle of sustainable development and the concept of environmental justice.

Structure

Six 2-hour seminars

Assessment

One three-hour written examination worth 60%, and a presentation element worth 40% (of which 20% will comprise a group presentation and 20% a piece of individual written work on the presentation topic).

LS5563 - Media Law
Credit Points
30
Course Coordinator
Dr. Catherine Ng

Pre-requisites

None

Co-requisites

None

Notes

None

Overview

This course takes an interdisciplinary view of the governance of the traditional media and considers the laws which apply to them, and critically examines the laws from the perspectives of the mass media, the subjects of the media, and the consumers of the media.

Structure

Six 2-hour fortnightly seminars

Assessment

1 assessed essay of no more than 2500 words (25%)
1 three hour written examination 75%

LS5571 - Corporate Finance Law
Credit Points
30
Course Coordinator
Tom Burns

Pre-requisites

None

Notes

This course will not run in 2010/2011

Overview

The course content will include legal aspects of the following:

SHARE CAPITAL

Allotted capital
Rights attaching to shares
Legal nature of shares
Types of shares
Classes of shares (including golden shares)
Variation of class rights

Maintenance and reduction of capital
Financial assistance

Raising finance from the capital markets
Overview of the markets (LSE, AIM, PLUS)
Initial public offers (IPOs)
Rights issues
Impact of EC Law (e.g. Prospectus Directive, etc)
Market abuse and insider dealing

Retained profits & profit distribution:
The law on Distributions
Share buy-backs
"Short-termism" and under-investment

LOAN CAPITAL

Topics to be covered:
General considerations of debt finance (such as the forms it can take, like overdrafts, term loans, factoring etc)
Secured debt (fixed and floating charges)
Warranties and covenants (consideration of recent trends towards so-called "cov-lite" loans and the implications for this in terms of liquidity and insolvency)
Subordinate debt arrangements
Long term debt finance (securitisation)

Hybrids (An examination of the controversy over how these should be categorised. Are they debt or equity?):
Convertibles/convertible bonds
Subordinated debt/bonds
Preference shares

Structure

A mix of lectures and seminars over the 16 timetabled teaching sessions.

Assessment

1st attempt: One 5,000 word essay (50%) and one 2 hour exam (50%).

Resit: As above, one resit attempt to be permitted and taken at the next available exam diet.

LS5572 - Comparative Constitutional Law
Credit Points
30
Course Coordinator
Tamas Gyorfi

Pre-requisites

None

Overview

. Constitutionalism as a political ideal. Basic notions and institutions.
2. Five historical types of constitution-making. The problem of constituent power.
3. The models of judicial review.
4. Comparative constitutional interpretation. Typology of the applied arguments.
5. The right to life, privacy and human dignity.
6. Freedom of religion. (Emphasis will be on the question to what extent religious argument can be used in the public space.)

Structure

One introductory lecture, at least six seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

1st attempt: One 2,000 word essay (25%) and one three-hour written exam (75%)

Resit: One resit attempt to be permitted and taken at the next available exam diet.

LS5573 - Taxation of Oil and Gas
Credit Points
30
Course Coordinator
Mark Bowler Smith

Pre-requisites

None.

Overview

1. Introduction to Corporation Tax
2. Introduction to Capital Gains
3. Oil Industry Accounting
4. Petroleum Revenue Tax
5. Corporation Tax 'Ring Fence' and Supplementary Charge
6. Interest and Financing
7. Capital Allowances and Exploration Expenditure Supplement
8. Abandonment and Decommissioning

Structure

8 two-hour seminars

Assessment

1st attempt: 1 three-hour written examination (100%).

LS5575 - Intellectual Property Law 2
Credit Points
30
Course Coordinator
Mr P Masiyakurima

Pre-requisites

None

Co-requisites

None

Overview

This course considers the following topics of Intellectual Property Law, which may very from year to year: for example, patent law (subject matter; novelty; inventive step); trade marks (registration; absolute grounds for refusal; relative grounds for refusal; infringement; dealings); breach of confidence.

Structure

9x 2-hour seminars, weekly unless otheriwse arranged.

Assessment

One 3 hour exam.

LS5576 - European Consumer Law
Credit Points
30
Course Coordinator
Lorna Cromar

Pre-requisites

None

Overview

The evolution of consumer policy in the EU. The general principles that underpin European Consumer Law. The powers of the Commission, Council and Parliament in making laws and in ensuring their effectiveness in area of consumer protection. Current issues in EU Consumer Law including review of the EU Consumer aquis and the proposal for a Directive on Consumer rights. Other topics to be explored include EU Product Liability and Safety, EU Consumer Credit Law and the enforcement of consumer rights.

Structure

6 two-hour seminars plus an introductory seminar and revision. Student presentations.

Assessment

1st attempt: One 3-hour exam (75%) and an in-course assessment 2500 word essay (25%).

Resit: One 3-hour exam (100%).

LS5578 - Intellectual Property Law, Human Rights and Development
Credit Points
30
Course Coordinator
Dr Catherine Ng

Pre-requisites

None

Co-requisites

None

Overview

This course considers how the intellectual property right and the human right approaches may conflict with or complement each other, and how they may help or hinder global and regional development. Topics may vary from year to year and may include access to medicine, the exploitation of traditional medical knowledge, the access to educational materials, the exploitation of folklore and designs, and the use of geographical indications for trade.

Structure

Six 2-hour fortnightly seminars.

Assessment

1 assessed essay of no more than 2500 words (25%)
1 three hour written examination (75%)

LS5580 - Business and Regulation: Emerging Issues
Credit Points
30
Course Coordinator
Dr John Paterson

Pre-requisites

None

Overview

• Environmental Regulation
o The limits of expert-led environmental regulation
o The re-emergence of the market: emissions trading
o Regulatory decisions under ignorance: the precautionary principle

• Financial Regulation
o The challenge of complex financial instruments
o Reform of the Basel Banking Accord
o Financial regulation in the UK after the FSA.

Structure

One introductory session, six fortnightly online seminars and a concluding online session drawing together the various themes and providing an opportunity for final discussions.

Assessment

One 2,500-word essay (25%) and one three-hour written exam (closed book) (75%)

LS5701 - International Trade and Finance Law
Credit Points
30
Course Coordinator
Professor ADM Forte

Pre-requisites

None

Co-requisites

None

Notes

This course is co-taught by Professor Forte, Dr Jonathan Fitchen and Dr Richard Goldberg

Overview

The course concentrates on aspects of the law of international trade which are both topical and of intellectual interest. Emphasis is placed on the sources of international trade law; the export transaction; and contracts associated with the export of goods.

Structure

Six 2-hour seminars
An introductory and revision session

Assessment

3-hour examination (75%)
1 essay (each 4,000 words) (25%)