Taught-module options for LLM or Diplomas
Full listing showing module details

This module will closely delve into medical negligence by examining the principal difficulties associated with the common law cause of action, and the various (often controversial) ways in which statute has encroached in recent years to adjust patient-medical practitioner patterns of legal liability.

Following a brief revision of the general cause of action, the module will analyze and critique a number of its manifestations, including: wrongful conception, wrongful birth, wrongful life, secondary victim psychiatric illness, treatment of the legal 'good Samaritan', failure to warn actions, therapeutic privilege, obligations to fund or to provide health treatment, faulty screening services, and compensatory ceilings.

• Knowledge: The purpose of this module is to familiarise you with a wide range of dispute resolution processes alternative to conventional forms of adjudication and their impact on legal system.
• Skills: The module is NOT designed to train you as a mediator or negotiator. If you are interested in mastering these skills you should take specially designed skills based training modules. Instead the module will equip you with basic tools which can help you in representing your client in ADR process, primarily in mediation.
• Attitudes: It is not the goal of this module to persuade you in inherited superiority of ADR over traditional court system or settlement, but rather to form your own attitude so that you can help your clients and society select and employ the most effective, just, and humane methods of dispute resolution.

Approaches

• Comparative approach. As you all come from all over the world the module is aimed at covering a wide range of jurisdictions where it is possible.
• Commercial oriented approach. Although the module will give an overview of existing institutional and legal framework in all major areas where ADR is currently used, it will focus more on the broad area of commercial disputes.
• Interdisciplinary approach. ADR is truly interdisciplinary field comprising law, social science, economics, psychology and others. However, the module is primarily designed for lawyers and experts directly involved into resolution of legal disputes.
• Critical thinking approach. ADR is a newly emerged and vibrant area of scholarship, it is impossible to give "yes" or "no" answers to most of the questions. Therefore the module will employ critical thinking and open discussion approach. It is expected that students are willing to share results of their research and are involved in active discussion of all issues

• Block I: "Overview of ADR Processes" will give a general understanding of ADR movement and ADR processes, in particular negotiation and mediation. It will not deal with arbitration per se (as you have had already a module on International and Comparative Commercial Arbitration); instead arbitration will be dealt with to compare other ADR processes.
• Block II: "Institutional Framework of ADR" will cover areas where ADR interacts with government and law
• Block III: "Lawyers and ADR" will focus on knowledge and practical skills necessary to represent client in mediation

The development and nature of international convergence in the area of banking regulation is examined in the first half of the module in terms of the specific measures adopted at the international, European and UK levels. Reference is also be made to developments in the US and other significant global economies in this area.

The duties and liabilities of financial institutions to their clients as well as law relevant to electronic and paper based fund transfers and such related issues as bank secrecy, constructive trusts, lender liability and depositor protection will also be considered on a comparative basis during the second half of the module.

• Introduction to bank, banking and banking markets
• Basel Committee and international regulatory standards
• EU bank supervision
• Banking consolidation and related EU directives
• UK Banking Act 1987 and Financial Services and Markets Act 2000
• Establishment and expansion of banks
• Deposit insurance
• Private banking law
• Bank auditors and regulatory liability for misfeasance in public office
• Money laundering and anti-terrorist financing

Objectives

By the end of this module, a student should be able to:
• explain the social, economic, historic and political contexts that influence the development and operation of grievance handling processes
• compare and contrast the efficacy of the various forms of grievance handling processes studied in the module
• synthesize and comment upon the current debates about the constitutional foundations of English judicial review
• apply knowledge of grievance handling (especially judicial review) to complex situations, recognize potential alternative conclusions for particular situations and provide supporting reasons for them
• provide a reasoned evaluation of the efficacy of the procedures and remedies of judicial review claims, including questions of amenability and standing
• bring together and present coherently materials from primary and secondary sources to deal with the issues addressed in this module
• participate appropriately in academic debate on matters covered in the module, presenting specialist material in a manner, both written and oral, which is appropriate to the audience
• interact with other members of a learning group, giving and receiving information and ideas and modifying responses where appropriate

Commercial Law Written and Oral Advocacy provides students with an interest in international commercial law and international legal practice with the opportunity to develop advocacy skills. The objective of the module is to make participants familiar with the key advocacy skills required to advocate for clients engaging in international commerce.

To achieve this aim, the module covers the fundamental characteristics of written and oral advocacy through the use of written and oral submissions. The module focuses on advocacy theory, advanced brief writing, and the art of oral argument.

Module enrollment shall be limited to 15 students (as determined by the total number of non licensed students attending the FIRST class meeting), the module will implement a selection process which will occur during the first class. Students who fail to attend the first class will NOT be considered for selection.

Communications Law examines the international trend away from national monopolies in telecommunications and broadcasting towards competition in a regulated and increasingly international market. The principles underlying this process of liberalisation and regulation are elucidated and explained in this module, as well as the legal structures and arrangements, both in the UK, Europe, the US and internationally, which control the provision of telecommunications and broadcasting equipment, networks and services. In particular, the module will concentrate on the licensing and other regulatory regimes of telecommunications and broadcasting infrastructure and service provision and the competition, contractual and regulatory issues that arise from the need to interconnect communications networks. The module does not examine the provision of content services

On completing the module, a student should:
• Understand the technology, terminology and key economic and policy drivers in the communications sector.
• Be familiar with the key elements of the regulatory framework governing the provision of telecommunications and broadcasting equipment, networks and services in the UK, US, Europe and at an international level.
• Understand the main issues arising in commercial agreements for the provision of communication services.
• Understand the privacy issues arising from the use of communication services.
• Be aware of the legal issues arising from the convergence between the broadcasting and telecommunications sector.

• Telecommunications and Broadcasting Technology and Services
• Regulating Communications
• The Economics of Telecommunications Regulation
• Competition Law
• European Communications Law
• Authorization& Licensing
• Access and Interconnection
• Communications Contracts I: Access and Interconnection
• Communications Contracts II: Capacity
• Communications Contracts III: Outsourcing
• Universal Service, 'Must Carry' & Consumer Protection
• US Communications Law
• International communications Law
• Convergence

Meaning of Corporate Personality and distinction between incorporated and unincorporated associations. The quasi-corporation.

The nature, types and functions of companies. Historical development of the modern business company. The consequences of incorporation and its practical advantages and disadvantages. The corporate entity principle and exceptions to it. The ultra vires doctrine and the concept of capital. The company's organs and agents and the liability of the company for their acts. Formation and flotation of companies.
The nature and classification of company securities. Shares and debentures. Publicity. Meetings and resolutions. Powers of the general meeting. Minority protection. The duties of directors and of the controlling majority and the enforcement of these duties. Reconstructions and amalgamations. Liquidation (in outline only)

The class action will be considered within a comparative context, with three aims in mind: (1) to deepen subject knowledge, upon those matters outlined in the list below, (2) to engender debate about the 'best practice' avenues for providing redress to litigants and due process for defendants in our modem mass-producing and mass-consuming society, and (3) to appreciate the significant cross-jurisdictional influences upon class actions jurisprudence.

The particular matters upon which study will concentrate include:
• features of the device, such as certification and mode of implementation
• the opt-in versus opt-out debate
• the objectives of group litigation (what the jurisdictions share and do not share in common)
• establishing sufficient 'suitability, viz, numerosity preliminary merits and handling multiple defendants
• establishing sufficient commonality of issues
• determining whether a class action is 'superior'
• assessing whether the class representative is 'legally suitable' to represent the class
• coping with class definitions and res judicata implications
• class notice difficulties and solutions
• settlement of class actions
• assessing and distributing monetary relief to class members
• funding class actions
• ethical conundrums, such as 'double-dipping' and coupon recovery settlement agreements

The module will be divided into four parts. First, the dynamics and theoretical underpinnings of group litigation, and its historical roots within the representative rule, will be discussed. The second part of the module will examine the 'certification criteria', the gate through which representative litigants must pass to have their dispute determined as a class action. The module will then turn its focus toward the conduct of the class action, including matters such as evidentiary difficulties, monetary assessment and distribution, and allocation of costs. Finally, the module will conclude with an exploration of the ethical dilemmas which have confronted class action participants, and the various statutory and judicial protections which have been implemented in response.

As a procedural device, class actions evoke fervent public debate as to their utility and desirability. The opt-out class action is now an entrenched feature of the civil procedure landscape in the United States, Canada and Australia (but not, as yet, in England). This module will compare these various statutory models, the case law generated there under, and the academically-driven ethical debates surrounding the use (and abuse) of the class action. The module will also explore the different approaches adopted in England to multi-party litigation, pursuant to the group Litigation order and the representative rule.

Comparative Commercial Law is a course for all students with an interest in international commercial law and international legal practice.

The objective of the course is to make participants familiar with the divergent legal approaches within the primary areas of international commerce. To achieve this aim, the course covers the fundamental characteristics of the sale of goods, payment, secured finance and electronic commerce.

Students will be evaluated based on written submissions and classroom discussions. Students will be able to elect to prepare four course essays. Students will submit a 3750 word cited source outline which will be the research basis of the discussion. Each submission will be given equal weight in the final evaluation - thus four submissions of 3,750 words each worth 25% of the total grade will be required.

The objective of the module is to make participants familiar with the divergent legal approaches within the primary areas of international commerce. To achieve this aim, the module examines the fundamental characteristics of the sale of goods, payment, secured finance and electronic commerce in various legal families.

During the first term students will explore several legal families including: the Germanic, Romanistic, Anglo American, and Islamic systems. During the second term students begin to explore the various legal systems approaches to commercial law.

Aims of the module
This module aims to provide a comparative, cross-juristictional context in which approaches to immigration, asylum and nationality law and policy can be analysed. It relates developments in migration law to wider socio-political developments including decolonisation, nationalism, economic demands; immigration and nationality in pre-modernity and modernity; paradigms of nationality law; race and ethnicity in immigration laws; marriage and families in immigration law; gender and sexuality in migration law; international and comparative refugee law; human rights in immigration law; immigration law as an aspect of Europeanisation; how states create and deal with irregular migration.

Teaching method
Teaching is conducted through two-hour weekly seminars. The aim of these seminars is to allow the maximum time for discussion of reading material already prepared. Worksheets will be provided for each topic and, as appropriate key readings will be indicated week by week and a list of indicative readings can be supplied upon request. Students must ensure that they prepare this material, and failure to prepare will seriously affect your ability to follow the module.

This module examines the law relating to information technology products and services.
As the markets for such products and services are international, the module adopts a comparative approach to the legal issue. While UK Law is taken as the starting point, differences in approach in other jurisdictions are highlighted and contrasted. A particular focus of the module is on the numerous European Community legal developments which affect the information technology sector.

Topics to be covered in the module include:

1. Protecting rights in information technology: Creation & Ownership
   • Copyright protection of computer software
   • Protecting confidential information
   • Patent Protection for software-implemented inventions
   • Protecting electronic databases
2. Forming & maintaining relationships in the IT sector
   • Software Licensing: Proprietary
   • Software licensing: Open source
   • Systems Procurements Contracts
   • Outsourcing ICT systems
   • IT disputes and liability
   • Competition law aspects

On completion of this module students should:

1. Be familiar with the main principles of copyright law and its applicability to software products under US, UK & European Union law.
2. Understand the law governing the protection of electronic databases.
3. Understand the principles governing the patent protection of IT products and services
4. Understand the legal implications of confidentiality agreements and the protection of trade secrets in the IT sector
5. Understand the legal nature of the contractual relationships involved in software licensing, systems procurement and the outsourcing of IT-related operations.
6. Understand the liability issues in relation to IT products and services.
7. Understand the principles and application of EU competition Law to the distribution of IT products and services.

To develop an understanding of the place of autonomy in bio ethics
• To examine the legal notion of consent as applied in contemporary medical practice
• To develop the ability to analyse legal material: case law and legislation, both domestic and European
• To develop the ability to present informed views concerning the role of the law in the regulation of contemporary medical science.

Learning Outcomes
• Familiarity with philosophical and ethical debate in relation to autonomy
• Confidence in the analysis of legal material
• An appreciation of the role and limits of the law in relation to consent as applied to both medical practice and research.
• An ability to present well informed arguments grounded in an understanding of legal and ethical material.

1. The Consent Requirement I: criminal law
2. The Consent Requirement II: civil
3. The Principle of Autonomy
4. Advance Directives
5. Incapacity I: Adults
6. Incapacity II: Children
7. Voluntaries
8. Informed Consent
9. Battery
10. Negligence
11. Good Medical Practice

1. the legal and extra-legal rules/systems governing internal corporate accountability and
2. the legal and extra-legal rules/systems governing the corporations accountability to the external world

The students should be able to:
• Understand the meaning and importance of corporate governance.
• Assess the nature and scope of the power wielded by corporations.
• Demonstrate an understanding of the history (and its effect) of the corporate governance debates in a global context.
• Discuss the impact of the debates on boardroom decision-making.
• Assess the impact of external governance mechanisms on corporate governance.
• Understand the significance of governance and control systems within companies.
• Critically discuss corporate governance theories.
• Assess the effectiveness of self-regulatory regimes.
• Discuss future directions and trends.

Introduction. Defining the concept of corporate governance. History of corporate governance and the emergence of corporate governance as an important issue. Overview of key corporate governance matters. Description of the legal regime governing UK companies. "Self-regulation". Description of the publicly quoted corporation. The separation of ownership and control: "agency cost" problems. Corporate governance and legal theory. Practical constraints on managerial conduct (e.g. share price fluctuations, takeover bids, product markets, Disclosure requirements).
Directing the Company. The structure and function of the board (in general). Mechanisms for constraining managerial discretion. Recommendations made by Cadbury, Hampel and Higgs Reports. "Combined Code" principles.
Executive pay. Essential components (salary, share options etc.). Executive service contracts and managerial incentives. The emergence of managerial remuneration as a controversial issue. Guidelines on configuration of executive pay. Statutory disclosure. Shareholder voting.
Shareholders. Significance of institutional investors in UK capital markets. Shareholder Value and Short-Termism. Means available to shareholders to influence corporate executives. Recommendations made by corporate governance committees. Combined Code principles. Shareholder remedies.
Stakeholders. Identifying and legitimising stakeholders - shareholders, management, employees, creditors, the environment, human rights, government and communities. The current legal regime. Possible reform - revising directors' duties, revising participation rights and market solutions.
Corporate governance direction and trends. Insider and outsider systems, Globalisation of capital markets, International Corporate Governance codes (the OECD and the World Bank), Privatisation and post -privatisation issues.

Separation of powers and democratic legitimacy
The rationale for separation of powers -
Liberty and abuse of power
Efficiency and good governance
The role of the courts in adjudicating boundary disputes
A pure doctrine of separation of powers
A relational approach to separation of powers
Different forms of separation of powers in practice

Judicial independence
Individual versus collective independence
The right to a hearing before an 'Independent and impartial tribunal'
Practical expression of judicial independence - tenure, salary, promotion,
Threats to judicial independence - government, media, other judges, interest groups

Judicial accountability
Tension between independence and accountability
Direct and indirect electoral accountability
Hard and soft accountability
The role of the media
Dismissal and complaints procedures

Judicial selection processes
Different forms of judicial selection procedures
Relationship to growing judicial activism
Increasing popularity of judicial appointment commissions
Accountability and independence in judicial selection

The composition of the courts
Diversity and merit
Legitimacy
Representativeness versus reflectiveness
The politics of presence
The concept of difference

Supreme Courts and constitutional courts
Role in national court structures
Powers and functions
Relationship with executive and legislature
Relationship with other national courts and with international courts
Appointments processes and composition

International Courts and tribunals
History and rational
Powers and functions
Legitimacy and public confidence
Selection processes and composition
Relationships with domestic courts

Courts in non-democratic and transitional states
The concept of judicial independence in non-democratic states
Judicial selection in non-democratic states
The role of courts in one-party states
The role of courts in dictatorial states
The role of courts in Theocratic states
The role of courts in emerging democracies

Truth and reconciliation tribunals
History of TRCs
Rationale behind TRCs
Differences in procedure and powers from traditional courts
Selection process and composition
Effects and implications of TRCs for court systems

The aim of this module is to critically and comprehensively analyse the legal issues pertaining to e-commerce and is addressed to lawyers wishing to act for and advise e-businesses (and other information society service providers), whether in private practice or as in-house counsel. The module takes a practical, transactional and multi-jurisdictional perspective. However, this perspective does not deduct from the academic rigor of this module. The aim is to provide an in-depth analysis and examination of the adequacy of the legal framework to cope with the practical issues raised by e-commerce. In particular, this module will examine where there are gaps, conflicts and compliance issues within the current and developing legal framework on e-commerce and to what extent the existing legal framework impacts on new and emerging technologies.

• Students will understand the multifarious and complex legal issues involved in setting up and running e-commerce and other information society activities
• Students will learn how internet technology and the law impact on each other
• Students will be able to criticise the legal framework for e-commerce (eg from a consumer protection viewpoint or a business compliance viewpoint)
• Students will analyse the jurisdictional issues raised by e-commerce
• Students will be able to advise businesses engaging in e-commerce on their legal compliance and legal risk management

This module will cover the following topics:
• Structure & Characteristics of the Internet
• E-commerce Business Models
• Practical Legal Issues on Setting Up an E-commerce Business
• Privacy, Security and Liability
• Webvertising
• Online Contracting
• Electronic Payment
• E-commerce and Taxation
• Business to Business E-commerce
• Business to Consumer E-commerce
• Dispute Resolution

The module constitutes a socio-legal study of the place of ethnic minorities in English law today. It comprises a detailed examination of general conceptual issues in the study of ethnic minorities, focuses on important questions of family law, and includes the study of major aspects of public law that are relevant for ethnic minorities. During the module, the effects of various community perspectives will be examined and will be compared with the approach taken by the official legal system.

Other topics studied include:

Concepts of legal pluralism as a mechanism to accommodate diversity; the extent of recognition of ethnic minority "customs" in English law; ethnicity as a sociological concept and the legal definition of an "ethnic minority" in English law; the debate about assimilation/adaptation/integration of ethnic minorities in Britain.

Part 2: Ethnic Minorities and Family Law Issues
Rather than studying English family law, this module examines all those topics of family law in which the combination of the domestic law and the various ethnic minority customs has contributed to the emergence of new hybrid rule systems that have begun to influence the way in which English law rules develop.

Topics studied include:

arranged marriages, child marriages and nullity petitions; solemnisation of marriages and dowry problems; polygamous marriages and cohabitation arrangements; divorce law and the scope for the continuation of customary divorce arrangements among ethnic minorities; maintenance provisions for wives and arrangements for children; cross-national and cross-cultural adoptions; legal issues arising on the death of members of ethnic minorities; burial/cremation practices, succession and the use of wills.

Part 3: Ethnic Minorities and Selected Public Law Issues
In this part, the module will be looking first at facts and figures about ethnic minorities in Britain and the early responses to the post-war immigration of significant numbers of non-white people.

Further topics studied may include:

Local interaction of ethnic minorities and the "host community" through planning laws and environmental health regulations
Race relations legislation and its effects
Position of ethnic minorities in employment and housing
Ethnic self-employment as a reaction to discrimination
Ethnic monitoring and its potential impact
Race and the criminal justice system
Freedom of religion and blasphemy laws
Multi-cultural education and the genesis of educational apartheid
Religious education and the National Curriculum
The Education Reform Act, 1988 and its implications

The development of British immigration and nationality laws and their impact on the various ethnic minority communities.

This module seeks to examine the EU legal framework pertaining to EU financial services law, and Economic and Monetary Union. It aims to enable students to develop an understanding of the EU rules governing free movement of financial services and corporate entities in the EU, the regulation of EU capital markets, the legal framework governing relations with third states in financial matters, Economic and Monetary Union and the law of the European Central Bank. The module also analyzes the methodology of the European Court of Justice and its function in the shaping of the internal market, and the EU regulatory models in the field of capital markets and banking law.

No previous knowledge of financial law or background in economic theory is required for those wishing to follow this module, though an understanding of EU Law is certainly helpful. This module complements Regulation of Financial Markets, Banking Law, Securities Regulation, Legal Aspects of International Finance, Law of the Internal Market, and can be taken in combination with one or more of these other modules.

1. models of transnational legal harmonisation and transplant
2. models of financial market regulation and governance structures of prudential supervision in the EU;
3. forms of economic and financial integration and the notion of the EU internal market, its evolution as a legal construct and the way it has been affected by successive Treaty amendments;
4. European monetary law for current and prospective members

detailed knowledge of:

1. the free movement of corporate issuers;
2. the free movement of financial services;
3. the free movement of capital;
4. EU law legislation pertaining to capital markets law and investor protection;
5. economic and monetary union and the law of the European Central Bank;
6. the methodology of the European Court of Justice
7. EU regulatory models in the field of capital markets and banking law

Skills

By the end of the module students are expected to:

1. Be familiar with, and able to use and undertake research on, the primary sources of Community law, namely, the treaties, Community regulations and directives, and the case-law of the European Court of Justice and the Court of First Instance;
2. Have acquired a critical understanding of EU financial services regulation and the values which underlie it;
3. Be acquainted with the methodology of the European judicature and be in a position to appreciate the function of the ECJ in the shaping of the internal market;
4. Have acquired a good understanding of the law in its economic, political and social context, and be in a position to evaluate it critically by reference to the bibliography;
5. Have acquired the analytical skills necessary to solve practical problems similar to those they are likely to encounter in legal practice and present their views orally and in writing;
6. Be able to contribute as part of a team in researching legal problems;
7. Be able to present legal argument in oral and written form.

The module will provide a detailed overview of the development and content of EU law and policy on Justice and Home Affairs. It will begin by placing this development in a socio-economic and political context, with emphasis being placed on the relationship of JHA policy with the development of a Single Market and the EU as an area without internal frontiers. It will then examine rapid evolution of EU competence and institutional arrangements in this area and the impact these have on the development of EU JHA law. The module then will examine in detail the development and content of legislation in all areas of EU JHA, including immigration and asylum, criminal law, police and judicial co-operation in criminal matters and civil law. Emphasis will also be placed on the external dimension of JHA co-operation and the impact of the European Constitution on the development of legislation in the field.

• From Rome to Maastricht: the internal market and the push for the development of EU action in Justice and Home Affairs
• The Schengen experiment: an analysis of the Schengen Convention as a model for EU action on JHA
  • The evolution of competence on JHA - from the third to the first pillar
  • Developments in judicial protection
• EU measures on asylum
• EU action on economic migration
• EU action on irregular migration
  • Border controls, in particular:
    • The European Border Agency
  • Population controls and EU databases: the development of EURODAC, the EU Visa Information System and the Schengen Information System and their interoperability
    • The routine collection of information on passengers/movement in the EU
    • Exchange of passenger data (PNR) with the US
    • Towards a global system of exchange of passenger data

EU Criminal Law

• Criminal law in the internal market: penalties, sanctions, prohibitions
• The harmonization of criminal offences in the EU
• The principle of mutual recognition in criminal matters (the European Arrest Warrant and other developments)
• The development of EU rules on criminal procedure and the rights of the defendant
• The development of EU criminal law principles (such as ne bis in idem and the presumption of innocence)
• Police co-operation in the EU and the role of Europol
• EU measures against money laundering, organized crime and terrorism
• The development of operational co-operation in criminal matters - issues of legitimacy, democratic control and accountability
• The evaluation and implementation of EU action in Justice and Home Affairs
• The external dimension of EU action in criminal matters, focusing in particular on relations with the USA;

EC competition law is based on the rules contained in Articles 81-89 of the Treaty of Rome (the EC Treaty) and upon subsequent secondary legislation. The focus of the module will be however on Articles 81 and 82 EC and Regulation 139/2004 EC (the Merger Regulation).

EC competition rules are enforced by the Directorate General (DG COMP) of the European Commission, the Directorate in charge of competition matters. Decisions of the Commission are the principal means of enforcement in competition cases. The Commission’s decisions are subject to review by the European Court of First Instance (CFI) and the European Court of Justice (ECJ). This has created an extensive and highly interesting case law and reference will be made to this case law during the module.

1. The Institutional background
   • The Provisions of the Treaties relating to Taxation
   • The EC Institutions relevant to Taxation
   • The Hierarchy of EC and National Tax Regimes: possible approaches and implications for taxation
   • Case Study on Tax Issues across the EC
2. An Historical Overview of the Development of EC Tax Law
3. The Harmonisation of Indirect Taxes and Other Duties (other than VAT)
   • The Common Customs Regime and the Internal Movement of Goods
   • The Harmonisation of Excise Duties
   • The EC and Other Specific Duties
   • Capital Duty
4. The Harmonisation of VAT
   • Historical Outline and Basis in the Treaties
   • The Directives and Draft Directives
   • The Current Position on Harmonisation of VAT
   • Future Developments and Proposals
5. The Harmonisation of Direct Taxes
   • The Basis in the Treaties (including State Aid)
   • Historical Outline of Developments with regard to Direct Taxation
   • Measures adopted on Direct Tax Harmonisation
   • The Jurisprudence of the ECJ with respect to Direct Taxation
6. The EC and International Tax Law
   • The EC and Double Taxation Conventions
   • The EC and the principles of International Taxation
   • The EC and International Tax Avoidance and Evasion
7. The Role of the ECJ in Taxation Matters
   • An examination of the role of the ECJ in all areas of taxation
8. The Future Directions of an EC Tax Law
   • Current Developments (including Environmental Taxes, European Monetary Union and Taxation)
   • Future Policy Directions

The module will study the development of the European Internal Market which promised economic freedom by 1992 to the movement of goods, people, companies, services and capital, throughout the Member States of the European Community.

The establishment of a common market is the first stated aim of the EC Treaty. Given a new impetus and a new name by the Single European Act, the European Internal Market is emerging as an `area without internal frontiers', where national boundaries are intended to have no economic significance. This module will examine the completion - past, present and proposed - of the European Internal Market.

The module will consider both legislative and judicial economic integration. The first occurs where liberalising laws (regulations, directives etc.) are issued by the EC and is a process which has been slower than was originally envisaged. The second occurs when, in the absence of implementing laws, the Court of Justice, seized of a case against a Member State or a request to interpret Community law, finds in the Treaty itself the principles of the internal market.

1. The Idea of a Single Market
   Original plans for customs union and common market; successes and failures. Reasons for the latter - economic, political and institutional. The stock-taking of the mid-1980s and future prospects. The Single European Act's commitment to an `area without internal frontiers', its amendments to the EC Treaty in substance and procedure; the effect of the Treaty on European Union.
2. The Customs Union
   The establishment of the customs union; the purpose of EC 18-29 as amended, and implementing legislation. The uniform application of the common external tariff and the concept of goods in free circulation. Community exclusive jurisdiction in external economic relations generally.
3. The Free Movement of Goods
   The absolute prohibition of customs duties and charges of equivalent effect (EC 9-16) as interpreted by the ECJ. Discriminatory internal taxation (EC 95-96 and case law) and an outline of fiscal harmonisation. Quantitative restrictions and measures of equivalent effect (EC 30-36). Equally applicable measures and the principle of mutual acceptance; exceptions to the principle, including the relationship between national intellectual property rights and the free movement of goods.
4. The Free Movement of People
   The scope of the Treaty rules on free movement of persons, including the employed, the self-employed and non-economically Active persons (EC 6, 48-57, implementing measures and case law). Citizenship in the context of free movement of persons. Rights of entry and residence, border controls, the principle of non-discrimination. Limitations to the right of free movement. The Social Dimension of the internal market.
5. Establishment and Services
   Rights of establishment and freedom to provide services (EC 52-66, implementing measures and case law). Non-discrimination, mutual recognition of qualifications and the single licence (`home country control'). Specific sectors, such as financial services (banking, investment services, insurance), legal profession.
6. Capital
   Liberalization of capital movements (EC 73a-73h); relationship with the other `freedoms'. European Monetary Union and future developments.
7. The Regulation of the Internal Market
   Issues of implementation and enforcement at Community and national level. Techniques of harmonisation and regulatory mechanisms. The development by the ECJ of the principle of effective remedies.

The module starts by examining the structure of the European Union (including the inter-governmental pillars) from an external relations perspective, the international legal personality of the Community, the issue of legal personality for the Union, the legal principles governing the Community's external competence's and the scope of the Community's express and implied powers in the field. This will also entail a study of the relationship between Community law and international law, and the legal effect of international agreements in the Community legal order.

The module will then focus on specific aspects of external relations policy, and in particular the common commercial policy (CCP) of the Community. This will involve an examination of bilateral and multilateral agreements between the Community and non-member states, such as international trade agreements, association agreements, commodity agreements, and relations with developing countries. Relations between the Community and the WTO will be considered as well as the relation between environmental policy and trade policy.

Other specific aspects of external policy will include the development of the Common Foreign and Security Policy (CFSP) envisaged in the Treaty on European Union and the Treaty of Amsterdam, including recent developments on security and defence policy; the external dimension of EU human rights policy; immigration from non-Member States and asylum policy; and the influence of EC law on the legal systems of other (especially other European) states and harmonisation, approximation and co-ordination of commercial law.

Participants are expected to read the allocated material before each seminar and to come prepared either to make a specific oral presentation or to participate in class discussion. Participants will be expected to have or to acquire a working knowledge of European Community institutional and substantive law.

Term 1
• Introduction to the external relations of the European Union
• The structure of the European Union
• International legal personality and its consequences
• Express and implied powers of the European Community
• Exclusive competence and shared competence; mixed agreements
• The conclusion of external international agreements and their effect in Community law and the law of the Member States; duty of cooperation
• Common Foreign and Security Policy
• Common Commercial Policy
• Common Commercial Policy continued

Term 2
• Development cooperation
• Trade and development: the Doha Round
• The enlargement process
• The external dimension of EU human rights policy
• Immigration, asylum and third country nationals
• Security and defence policy
• Case study/guest lectures
Revision and Examination Technique

Feminist legal theory offers a challenge to conventional ways of understanding the form, meaning and function of law and it offers a critique of foundational assumptions about law. This module will examine feminist legal theory both in conceptual analysis and in practical argument. We will look, for example, at law's theoretical underpinnings and its assumptions about the nature of the state and the individual. We will then explore various areas of public and private law and examine law's role in challenging, creating or reproducing gender relations. Sex-specific and sex-related legislation and policy will be analysed in the light of current debates within feminist theory. This module thus offers both theoretical and practical engagements with the law and assesses the contribution a feminist perspective can offer to understanding legal and social relations.

1. Introduction to Feminist Legal Theory
   Legal liberalism; the legal subject; public/private
   Feminism as Equality
   Feminism as Difference
   Feminism and the Discourse of Rights/Discrimination
   
2. Women's relationship with the law and the state
   Law and legal method
   Human Rights: National and International
   
3. Examining the Universal Legal Subject: Revisiting some legal concepts
4. Gender and Reproduction
5. Gender and the Workplace
6. Gender and the Family
7. Gender and Violence

An historical and economic examination of the concept of intellectual and intangible property: copyright, trade marks, patents, unfair competition, databases, designs, utility models, plant variety rights, semiconductor topographies, confidential information, personality and privacy, indigenous knowledge and ethnobiology. The relationship of intellectual property with trade, economics and culture; an analysis of the philosophical, political and socio-economic factors.

Jurisprudential and economic concerns of intellectual property rights: the nature of rights; classical economics as contrasted with institutional and neo-institutional theories; welfare economics and public choice theories.

Licensing issues: character merchandising and exploitation of personality; trade marks/personality rights; parody and freedom of speech.

Censorship and freedom of speech: data creation, security and encryption; constitutional law and political speech.

International trade and competition: copyright and network dependencies.

Ethical issues: patenting life-forms; droit de suite; the notion of authorship; bio-ethnological property.

Digital technology and the expansion of intellectual property rights.

The focus will be on English law; EC law is considered to the extent that it affects English law.

The module provides an overview of intellectual property rights under English law. It is divided in three parts: the first part looks at patents and confidential information; the second considers copyright and designs; and the third reviews trade mark protection under common law and registered trade mark law.

Module Topics

• British and European patent systems:  infringement; validity; ownership; assignments and licences; compulsory licensing and crown use; international arrangements.
• Confidential Information
• Types of copyright; infringement; ownership and transactions; copyright in special circumstances.
• Protection of trade marks at common law:  passing off, injurious falsehood. 
• Registered trade marks: entitlement and objections to registration; dealings in trade marks; infringement. 

3 hour paper

• Intellectual Property Law has become an interdisciplinary field comprising law, medical science, economics, government administration and others. This module will indicate the inter-relationship of these disciplines with law.
• The intellectual property aspects of medicines have emerged as an important area of scholarship, in which "yes" or "no" answers to many questions are not possible. Therefore the module will employ a critical thinking and open discussion. It is expected that students will be willing to share results of their research and are involved in active discussion of all issues.

1. Categories of Intellectual Property and Medicine
   Patents, Trade Secrets, Industrial Designs, Copyright, Trade Marks, Data Base rights, Traditional Knowledge.
2. Sources of Intellectual Property Law
   International (e.g. Paris and Berne Conventions, TRIPS Agreement, Substantive Patent Law Treaty) Regional (e.g. European Patent Convention, Biotechnology Directive) and National (e.g. Patents Act)
3. Introduction to Patenting
   Patentable subject matter, invention, novelty, inventive step, industrial applicability, exceptions from patenting, patent claims, the patent specification, the registration process.
4. Research and the Practice of Human Genetics
   The new genetics: genetic mapping, enzymes and hormone replacement therapies, genetic testing and screening, human gene therapy, clinical applications of genetic research.
5. Patentability of Human Genetic Material
   Invention and human genetic research, living organisms and products of nature as discoveries, gene sequences and expressed sequence tags, bioinformatics, nano-technology
6. Exclusions from Patentability
   Methods of treating the human body, ordre public, national interest, morality clause.
7. Exploitation of patents
   Licensing and cross licensing, technology transfer
8. Patenting and medical research
   Research exception, grace period, enabling technologies, public/private research.
9. Patenting and Public Health
   HIV AIDS crisis, Doha Declaration on Public Health, compulsory licensing and the TRIPS Agreement.

1. Information Protection & Intellectual Property
2. Basics of Intellectual Property
3. The International Intellectual Property System and Digital Technology
4. Copyright Protection of Computer Programs
5. Patent Protection of Computer Programs
6. Database Protection in Intellectual Property
7. Database Protection (Unfair Competition and Misappropriation Concepts).
8. Categorisation of Digital Works in Intellectual Property: Semi Conductors, Multimedia Works, Audiovisual Works
9. Exclusive rights in industrial property and copyright compared; adjusting economic rights; traditional structure of exclusive rights (reproduction; distribution; communication)
10. Reproduction and Communication Rights under the WIPO Treaties; EU Copyright Directive 2001; rights in performances, sound recordings, broadcasts.
11. Problems of transient copying and making available; in particular: protection against file sharing
12. Limitations on Copyright I: Private Copying; Fair Use; Fair Dealing
13. Limitations on Copyright II: Exhaustion; Libraries and Archives; Education; Press Freedom; impact of the "three step test".
14. Limitations and Compensation: Status of copyright exceptions and levy systems; constitutional status; contracts and limitations
15. Protection of Domain Names; Regulation of the Domain Name System; Universal Dispute Resolution Policy
16. Trade Mark and Domain Name Conflicts; Domain Names and Passing Off
17. Licensing Digital Intellectual Property Rights
18. Code as Law - Digital Rights Management
19. External Control of Intellectual Property: Competition Law and Market Allocation Problems
20. Human Rights and Constitutional Problems
21. Open Access; Open Source
22. Applicable Law and Jurisdiction

The growth of international commerce, infra-structure projects, investment and intellectual property transactions has been accompanied, over the last three to four decades by the widened use of arbitration to settle disputes, so greatly expanding its scope from the more traditional sectors such as shipping, commodities and insurance. Since 1998 more than 4,500 ADR and arbitration cases were recorded annually in London alone.

This module examines the jurisprudential basis and practices of international commercial arbitration, covering both historical evolution and current developments. Since its introduction in 1984-85, the module has attracted a wide range of students from civil, common and Islamic law backgrounds from more than 90 jurisdictions across the world. This spread of experience and background has contributed to a lively interchange of contributions from the class to enhance the international and comparative approach to the topic; at the same time the growing globalisation and harmonisation receives due emphasis.

The subject has only been established as an autonomous subject in 1985 with the establishment of the School of International Arbitration, Queen Mary, University of London. Prior to 1985, and still in several places of the world, the module is studied or understood as a branch of civil procedure or international business law, or conflict of laws. This syllabus assumes that the module is autonomous and well developed.

• Introduction
• The basic concepts and juridical basis of arbitration.
• Forms of arbitration, ad hoc and institutional arbitration, specialised types of arbitration.
• The arbitration agreement - form, content and efficacy; separability.
• Starting an arbitration; appointment of, challenge to, and removal/resignation of arbitrators.
• Independence and impartiality of arbitrators.
• Immunity of arbitrators and arbitration institutions.
• The jurisdiction of arbitrators, the doctrines of arbitrability and Kompetenz-Kompetenz and the roles of national module.
• Supervision by and assistance from local courts.
• Conservatory and other interim measures.
• Multi-party arbitration.
• Delocalised arbitration.
• The law governing the arbitration agreement and arbitration procedure.
• Arbitration hearings; procedure, hearings, evidence and submissions and experts.
• The law applicable to the substance of the dispute; machinery for and choice of relevant rules. Lex mercatoria and general principles.
• Amiables compositeurs, ex aequo et bono and equity clauses.
• Awards: form, content, types and delivery.
• Challenges to the award; appeals and setting aside.
• Recognition and enforcement: the primacy of the New York Convention.
• Arbitration with states and state organs. The problems of state immunity.
• ICSID arbitrations under the Washington Convention; Arbitration of Investment disputes

With the unprecedented increase in significance and remarkable geographical expansion of the law (as well as other significant developments such as the process of globalisation), it has become important to examine the role and place of competition law and policy in a globalised economy. The proposed module will aim at such an examination. After a brief introduction to some basic concepts and ideas in competition law and international competition law and policy more generally, the discussion will move on to look at and focus on the process of internationalisation of competition law and policy. It will consider the problems and jurisdictional hurdles which arise as a result of the territorial nature of competition law enforcement; why it is important to seek effective ways to overcome such problems and hurdles; how can this be achieved; and the different players and their role in the process. The module is designed to include 'international' and 'comparative' elements, looking at, inter alia, issues such as the role of international organisations and multinational enterprises; the extraterritorial reach of the competition rules of the EC, the USA and those of other jurisdictions; the relationship between competition and trade policy; and the competition rules of developing countries.

PART I
1. Introduction to the module
2. Introduction to competition law and policy: law economics and politics
3. Economic analysis

PART II
4. The process of internationalisation of competition law and policy: Overview
5. Globalisation and actors in the process of internationalisation
6. Organisation for Economic Cooperation and Development (OECD)
7. World Trade Organisation (WTO)
8. United Nations Conference on Trade and Development (UNCTAD)
9. International Competition Network (ICN)
10. Multinational enterprises (MNEs)

PART III
11. Extraterritoriality and principles of public international law
12. Topics in US antitrust law
13. Extraterritoriality under US antitrust law I
14. Extraterritoriality under US antitrust law II
15. Topics in EC competition law
16. Extraterritoriality under EC competition law I
17. Extraterritoriality under EC competition law II
18. Topics in Japanese anti-monopoly law
19. Topics in Canadian competition law
20. Competition law and policy in developing countries

PART IV
21. Forms of cooperation I
22. Forms of cooperation II

An historical and economic examination of the concept of copyright, authors' rights, neighbouring rights, moral rights, rights in performance and other related rights; a survey of the major systems of copyright (the civil law, common law, socialist and developing countries).

The role and influence of the World Intellectual Property Organisation (WIPO); an examination of the Berne Convention, as revised, (1886-1971); the Universal Copyright Convention, as revised (1952-1971); the Rome Convention (1961) and other related Conventions; parallel developments in international trade.

A comparative study of the major features of copyright law in the UK and individual European countries (as influenced by the harmonisation proposals of the European Community); the USA; and comparison with other systems.

National and international aspects of the collective administration of rights. Comparative principles of exploitation by way of licensing and assignment of rights, including relevant principles of private international law. Comparative features of copyright litigation and remedies.

Comparative analysis of copyright; moral rights; distribution; droit de suite.

The module will also focus, as appropriate from time to time, on topical matters of contemporary interest; for example, cable and satellite broadcasting; private copying etc.

The module aims to provide students with an understanding of the international and comparative law of patents, trade secrets and related rights, with particular reference to the international and regional agreements and conventions applicable to patents and the basic structures of the major industrial countries in relation to patent law.

Term 1: International Aspects of Patent Law

• The International Patent System: the Paris Convention and the WIPO
• Patent provisions of the TRIPS Agreement
• Patents and the impact of the TRIPS Agreement on developing countries
• Patent provisions of the TRIPS Agreement and the WTO dispute settlement procedure
• Patent provisions of the TRIPS Agreement and access to medicines
• Data protection, data exclusivity and the TRIPS Agreement
• Relationship between the patent provisions of the TRIPS Agreement and the Convention on Biodiversity - Patent claim and biotechnology

Term 2: Historical and Comparative Aspects of Patent Law

• Introduction to concepts
• History and development of national systems
• History and development of national systems
• Comparative law of patents and related rights: general concepts
• Comparative law of obtaining, exploiting and enforcement patents
• Comparative law of defences and remedies
• Comparative law of invalidity proceedings
• Comparative law of ownership and employee inventions
• Comparative law of breach of confidence/trade secrets

Students completing the module will have acquired knowledge of the law of patents and related rights, as they are applied in various jurisdictions and the levels of international harmonization. Students will also be provided with current issues in patent law and the approaches and positions taken by governments in both developed and developing countries.

International and Comparative Social Justice critically examines the role of international and comparative law in constructing and maintaining historic and current social, political and economic inequalities. The module will analyse the law's potential and limitations as an instrument of redistributive and egalitarian social, economic, cultural and political change.

The Social Justice rights include the right to food and clean drinking water; the right to an adequate standard of living; right to social security; and rights to shelter and housing. New legal tools such as human rights budgets and the minimum core will be critically analysed together with legal and political philosophies focusing on the separation of powers, justiciability and institutional conversations.

The history of the different systems of implementation will be studied together with new developments both procedural and substantive within the United Nations human rights machinery. The implementation of positive obligations on governments within the African Union, the Organisation of American States as well as within Europe are also analysed.

International and Comparative Social Justice will also include comparative jurisprudence from Argentina, India, Philippines, South Africa and Venezuela as well as other relevant jurisdictions and will explore the potential of these different approaches for other democracies.

The module is divided into four parts.

The first part covers a historical and economic examination of the concepts of trade marks, designs, and unfair competition; an examination of the international trade mark regimes: the role and influence of the World Intellectual Property Organisation, the World Trade Organisation, the Paris Convention for the Protection of Industrial Property and other international or regional agreements in this field.

The second part examines how the laws of different countries have evolved in order to protect trade marks and other distinctive signs against unfair competition with particular reference to the UK and Commonwealth jurisdictions; the USA; Canada; France; Germany; and Japan.

The third part focuses on registered trade mark and design regimes with particular reference to the Community Trade Mark, the harmonisation of national laws in Europe, the USA, and comparative references to other national systems of protection.

The fourth part looks at specific topics from a comparative perspective. Amongst others it considers: international trade, trade mark rights and parallel imports; the protection of geographical indications; the regulation of comparative advertising; the exploitation of trade marks through licensing, for example in character merchandising; issues of use of trade marks on the Internet and the relation between trade marks and domain names; and trade mark rights and freedom of speech issues.

1. Introduction
   The nature and concepts of international law. The central supply contract and the ancillary contracts of transport, insurance and finance. The private and public law of international trade.
2. The Harmonization of International Trade Law
   The need for and problems raised by harmonization of international trade law. The role of Unidroit, UNCITRAL, the ICC, the institutions of the EEC and the Council of Europe. Harmonization of substantive laws and of conflict of laws rules. Methods of harmonization: model laws, Conventions, Directives. Policy and technical problems.
3. Typical Contract Structures
   The structure and mechanics of typical cif, fob and c & f contracts, with particular reference to standard form contracts in the primary commodity trades and their relationship to the financing contracts.
4. Possession, Property and Risk in International Sales
   Concepts of possession and ownership, with particular reference to undivided interests in bulk cargo and warehoused goods. The nature and efficacy of documents of title. The problem of risk distribution as between seller and buyer in international sale transactions. The treatment of risk under domestic sales legislation and under the Convention on Contracts for the International Sale of Goods. The impact of special trade terms. Conflicts of law issues in relation to international sales law and its harmonization.
5. Buyers' Remedies for Non-Conforming Tenders
   The seller's duty to tender conforming documents as well as conforming goods. Relationship between the two duties and remedies of the buyer in the event of non-conforming tenders.
6. Insurance in International Trade
   Insurance of goods, credit risks and failure to perform. Export credit guarantees. The scope and limits of cover. Problems of privity and insurable interest arising from insurance for the benefit of third parties. Securing effective interests in the policy and its proceeds; monitoring the continuing effectiveness of cover.
7. Current Problems in Documentary Credits and Performance Bonds
   The structure and forms of documentary credit. The revised Uniform Customs and Practice for Documentary Credits. The autonomy of the credit. The nature and limits of the doctrine of strict compliance. Problems arising from the treatment of non-conforming tenders of documents. Clean credits and performance bonds and guarantees:
   structure and documentation; unfair calling. The impact of government interference with payment under documentary credits and performance bonds.
8. Forms of International Trade Finance:
   The basic nature and structure of modern international finance. Proprietary rights to future receivables under different legal systems. The treatment of no-assignment clauses. The Unidroit draft Convention on International Factoring. International perspectives on receivables, secured finance and secured lending/credit. The Work of the World Bank, IMF and UN agencies.
9. The Impact of New Technology
   The displacements of documents of title and instruments by electronic trade date processing and electronic funds transfer. The legal simulation of a document and a signature and the problems of evidence and proof of transfer instructions. The legal implications of electronic funds transfer as regards the revocability of payment instructions, the completion of the payment process and the deferment of payment. Problems of security and distribution of risk of error, fraud and system malfunction. The work of the UN agencies.

The objective of the module is to make participants familiar with the key contracts in international commerce. To achieve this aim, the module covers the fundamental characteristics of international contracts for the sale of goods and to a lesser extent the key ancillary contracts for the financing of trading activities, transportation of goods to their place of destination and insurance of the cargo.

Students taking this module will acquire an understanding of the conflict-of-laws aspects of the conduct of commercial litigation before the English courts. In a case with international features, the option of litigating in England, rather than in some alternative jurisdiction, cannot be fully evaluated unless the impact of the relevant components of English conflict of laws are properly assessed. Although the syllabus involves a detailed study of the English law and legal process, the module is also accessible to students from a non-Common Law background, and provides a particularly useful insight into the methodology of the English legal process, studied in a practical, commercial context.

Introduction
• International commercial litigation in context: basic concepts, strategies and techniques.
  • Consecutive stages of proceedings; classification; substance and procedure; limitation statutes.
  • Obtaining evidence; Discovery.

Part I: Jurisdiction and Recognition and Enforcement of Foreign Judgements

1. Jurisdiction of English courts: Presence; Submission; Effectiveness. Extended jurisdiction.
2. Staying of actions; Restraining Foreign Proceedings
3. Foreign Judgments: Recognition and Enforcement at Common Law
4. Jurisdiction and Judgments in the EU and EFTA: Civil Jurisdiction and Judgments Acts 1982 and 1991: Brussels and Lugano Conventions; Brussels I Regulation.
5. Forum selection: jurisdiction clauses; arbitration clauses.

Part II: The module and conduct of commercial litigation in England

1. Some characteristics of the English process
   1. Pleading, proof, application and exclusion of foreign law.
   2. Special remedies: Mareva and Anton Piller orders.
2. Choice of law in commercial transactions
   1. Governing law clauses: common law rules; Rome Convention. Party autonomy and its limits.
   2. The law governing the contract in the absence of choice by the parties: the Common Law and Rome Convention rules compared and contrasted.

Part III: International Sales

1. Determining the governing law of sales contracts.
2. Special aspects of export sales: CIF and FOB contracts; ULIS and CISG.

Part IV: Financial aspects

1. Payments problems in an international context: currency clauses; foreign money obligations; judgments in foreign currency.
2. Exchange controls; banking transactions; letters of credit.

This series of seminars will first examine in detail the nature of international construction contracts which may be taken as typical of many complex long-term commercial contracts. It will look particularly at the processes by which they come into being - eg the procurement methods of the World Bank and those derived from European Directives on Public Works. International construction contracts have by their nature special features which affect the methods of resolving disputes arising from them. The law applicable to construction contracts and to related arbitration agreements will be discussed.

The seminars will continue with an analysis of typical construction contracts, the parties to them, their structure, and the types of disputes that arise under them. For this purpose reference will be made to typical forms of construction contracts eg the FIDIC Conditions in their three primary forms, as well as to standard forms such as those promulgated by the EDF under the Lomé Conventions and by the Japanese Engineering Advancement Association. New forms of contractual arrangements will be covered, eg Build-Operate-Transfer, the use of which have considerable implications in both developed and developing countries. Attention will also be given to the role of the Engineer and other intermediaries. Some issues that commonly arise in all jurisdictions will be surveyed, eg the doctrines of frustration/force majeure and (in French law) imprévision.

In the second term the module will consider in depth the main legal, economic and practical provisions which affect the arbitration of international construction contracts: how an arbitration concerning an international construction contract is constituted, points relating to the appointment of arbitrators, how preliminary objections and questions as to jurisdictions may be dealt with, how the proceedings are conducted, what an arbitral tribunal should do (and not do) and how the award should be expressed. Arbitration under various systems will be considered (eg UNCITRAL). The principal standard forms of contract have favoured the use of the Rules of Arbitration of the International Court of Arbitration of the International Chamber of Commerce. Arbitration under those Rules will be specifically examined as the normative model but the UNCITRAL rules and those of other bodies, eg the London Court of International Arbitration and the American Arbitration Association will also be studied. Sessions will also be devoted to interim arbitration, alternative forms of dispute resolution and the important question of multi-party arbitration.

Throughout the module teaching will be centred on case studies and the absence of a text book will be made good by an extensive reading list and materials which will be supplied. In so far as the forms of contract owe their origins to English law some reference will be made to the English law of contracts.

1. Scope and Content
   1. General Introduction
   2. Characterisation
   3. module Content
2. Basic Concepts and Principles
   1. Delimitations and Interdependencies
   2. Conceptual and terminological distinctions
   3. The Definition of International Crimes by the ILC
   4. Constituent Elements of International Crimes
   5. The Individual in International Law
3. Theory and Historical Evolution
   1. Theories of International Criminal law and Criminology
   2. Points of History
4. The Sources of International Criminal Law and Procedure
   1. Rules of Public International Law
   2. Principles of Municipal law
   3. Interaction of International and Municipal Law
   4. International Organisations: EC, EDU
5. Jurisdiction and the Criminal Law
   1. Basic Principles
   2. The limits of the ius puniendi of states
   3. Principal bases for the exercise of jurisdiction over offences
   4. Conflicts of Jurisdictional Principles
   5. Immunities from Criminal Jurisdiction

Part II - International Crimes

Section 1: Norms and Standards

1. Typology of Crimes
   1. Customary International Law
   2. Conventional International Law
2. Main Crimes
   1. Piracy
   2. Hijacking
   3. International Terrorism
   4. Aggression
   5. Unlawful Use of Weapons
   6. War Crimes
   7. Crimes against Peace
   8. Crimes against Humanity
   9. Crimes against Human Rights
   10. Taking of Hostages
   11. Crimes against Internationally Protected Persons
3. The Draft Code of Offences Against the Peace and Security of Mankind and "New" International Crimes
4. The International Traffic in Narcotics

Section 2: Implementation and Application in State Practice

1. The Nurnberg and Tokyo Precedents
   1. The Judgement of the IMT
   2. Cases in Allied Military Tribunals
   3. Decisions of Municipal Courts: Eichmann and others
2. Contemporary State Practice of War Crimes Prosecutions
   1. The U.S.A Approach
   2. The Canadian Approach
   3. The Australian Approach
   4. The U.K. Approach
   5. The French Approach
   6. The German Approach (pre-1945)
   7. The Israeli trial of Demjanjuk
   8. The Yugoslav trial of Artukovic
   9. The trial of Pol Pot

Against the constantly changing background of economic policy-making, this module examines the economic interaction between states as well as the economic relationships between states and non-government entities. It aims to critically examine not only the law governing these relationships but also the different law-making processes.

The module is divided into two terms. The aim of Term I is to provide an overview of the legal and institutional foundations of international economic law (IEL). It covers issues such as the legal principles/doctrines, basic principles governing international organizations, international monetary relations, investment and competition, sustainable development, the New International Economic Order/Washington Consensus, and regional economic integration principles. Term II covers the law GATT/WTO, thus analyzing the basic law of the world trading system.

The module will cover the following subjects:

1. Introduction. The International Economic Order in historical and legal contexts. The basic definitions, scope and principles.
2. Institutional Aspects of International Economic Law.
3. The International Development 'Pillar': History, objectives, framework and current development challenges.
4. The International Monetary 'Pillar': History, objectives, framework and the Post-war Bretton Woods developments and challenges.
5. Introduction to the Trade 'Pillar' (GATT/WTO): History, objectives and framework.
6. The Relation between Global and Regional Integration. The Role of regional arrangements.
7. Basic Legal and Institutional Aspects of GATT/WTO.
8. Trade in Goods: principles and core concepts, including the most favored nation and national treatment; TBT and SPS Agreements.
9. Specific Regulations of Trade in Goods: dumping and subsidies, safeguards.
10. Trade in Services: The GATS.
11. Trade Related Intellectual Property Rights (TRIPS).
12. WTO Dispute Settlement.

1. The General Part
   • International environmental policy, including sustainable development and inter-generational equity.
     International law-making, the sources of international environmental law, and the codification of international environmental law.
     International institutions including the UN, UNEP, and UNCSD.
     Customary international law and general principles of law concerning environmental harm, transboundary risk management, the conservation and legal status of natural resources and common spaces.
     Environmental rights, including human rights and animal rights.
     The environment and international economic law and institutions, including GATT, the World Bank, the GEF and related mechanisms.
     Armed conflict and protection of the environment.
     Mechanisms of implementation, enforcement and dispute settlement, including international adjudication, institutional control and supervision; resort to national and regional courts including equal access to remedies; the role of NGOs.
     State responsibility and international liability for environmental harm.
2. Prevention of Pollution, including:
   • The marine environment and the regulation of pollution at sea from ships, dumping and land-based sources.
     Regulation of hazardous products, including transboundary trade in wastes, chemicals and pesticides; International watercourses; Nuclear risks and the environment; Air pollution and the global atmosphere, including climate change and ozone depletion.
3. Conservation of Nature, Biodiversity and Living Resources, including:
   • Biodiversity and ecosystem protection; Migratory animals and transboundary habitat protection; Fisheries conservation and marine mammals; Trade in endangered species.

A very fundamental aspect of international law and policy is the quest to forge, enhance and sustain development in the worlds developing nations. And yet the very structure and character of the international legal order, its actors and institutions tend to thwart the goals of development, as more countries remain impoverished and dependent on this order, irrespective of their sovereignty and natural wealth. This module aims to examine the origins of this paradox and provides an in-depth understanding of the nature and structure of international law and policy in the regulation of development agendas and activities of developing states within a framework of globalised trade and development foreign investment, exploitation of natural resources, financing for development and international development cooperation and assistance. A further objective of the module ii to reveal (through selected case studies) how international law, the policies of international organisations and regional and bilateral arrangements influence and/or direct development policies of developing countries and the challenges such countries face in implementing their national development agendas.

Students should have acquired a critical understanding of the international, economic, political and legal issues surrounding developing country concerns and the extent to which the international legal order either encourages or constrains a viable legal or policy framework in developing countries for the promotion of development especially in the selected fields and in strengthening of the rule of Law. They should be equipped to take informed position on international development issues whether in legal or policy planning, formulation, implementation or professional practice in developed or developing Countries.

PART A

1. Introduction
   • Character and categories of developing states;
   • General themes in international law and development ("growth, "development", "colonialism" "decolonisation", the NIEO' "poverty alleviation/reduction", "Human rights", "sustainable development" etc. A right to development?
   • Sources of international law on development
   • Structure of international legal relationships (multilateral, regional, bilateral and NGOs).
   • Methods of policy orientation for promotion of development: - institutional/legal reforms, technical cooperation and assistance, capacity building etc.
2. International and regional institutions in the development process
   1. the role of the UN in development: The General Assembly and ECOSOC; Key operational Agencies- UNDP, UNCTAD, UNEP, etc
   2. Economic and Financial Institutional Arrangements and development Promotion: - Regulating access to finance, lending policies and conditionality issues; project/programmes/infrastructure financing in developing countries. (The World Bank (IDA, IFC) IMF, ADB, AfDB)
   3. International cooperation for development and technical cooperation: Multilateral and bilateral development aid agencies: - (EBRDI IBRD, UNDP, DFID, SIDA, SDC, USAID, CIDA etc.
   4. Regional arrangements for economic cooperation arid development (ECA, OECD, ASEAN, SADC etc)
   5. Role of NGOs
3. Trade related aspects of development
   1. WTO Rules and Developing Country Concerns; The WTO's formal governance and negotiation structure; market access and trade liberalisation; special and differential treatment; trade related capacity building
   2. Some critical issues for trade and development: Integrating IPR policies into development strategies; Services and development
   3. Other International economic Arrangements:- Compensatory financing and market stabilisation schemes Dominium of cartels and commodity agreements
4. International regulation of foreign investment in Developing Countries
   1. Participants in foreign investment regulation (MNCs, State Corporations, International Institutions, NGOs)
   2. Forms of foreign investment: - contractual framework, Joint ventures, Production-sharing agreements
   3. Issues of state control and applicable international law and principles limiting state control
   4. Regulating MNCs activities in developing states:
      • Home state responsibilities
      • Other measures:(Codes of conduct; Corporate Social Responsibility
   5. Mechanisms of settlement of investment disputes: the role of MIGA and ICSID; other transnational enforcement initiatives
   6. Bilateral Investment treaties
5. Exploitation of natural resources for development (Mineral resources and Petroleum)
   1. Defining principles in International law:
      1. Permanent sovereignty over natural resources;
      2. Economic rights and duties of states
   2. Legal relations between host states and international companies engaged in Mineral and Petroleum ("up/mid/down-stream") development; and regulatory hazards:
      1. Concessionary/contractual/production-sharing models and dynamics of negotiation (including service contracts and joint ventures).
      2. Host country fiscal regime (statutory and regulatory-taxes, royalties, licensing); incentives and exemptions; Bonuses - cash, supplies, social programs, technology transfers, industrialisation.
      3. Issue of bribery and corruption
   3. The "environment in development" paradigm & principles for regulating Resource development activities; EIA, polluter-pays, etc.
   4. Impact of international law and policy on national control of Petroleum

Part B

This part will entail a discussion on selected case studies of developing countries in which the pertinent issues arising under Part A find application and the extent to which these have either enhanced or affected the legal and policy framework of their economic development path.

1. The use of the study of the subject - historical, sociological, and ethical aspects - literature.
2. The law of armed conflict and humanitarian law - formative factors, types and forms of the laws of war.
3. Legal and illegal uses of force; the principle of self defence; war and sate of war; legal effects of war; armed conflicts other than war; United Nations Action.
4. The law of land warfare: objects; scope; recent developments, with particular reference to the Geneva Red Cross Conventions of 1949.
5. The law of belligerent occupation: basic issues; the government of occupied territories; the protection of personal and property rights; the legal character of belligerent occupation.
6. The law of air warfare: objects; scope; recent developments.
7. The law of sea warfare: objects; scope; recent developments.
8. Contemporary methods of warfare; nuclear, biological, chemical weapons.
9. Enforcement of the rules of warfare: international responsibility in time of war; the evolution of jurisdiction over war crimes; war crimes in the narrower and wider senses.
10. The law of neutrality: history; basic rules; neutral nationals and property in land, sea and air warfare; belligerent reprisals and neutrals; recent developments, with particular reference to the relation between neutrality and collective security.
11. Internal armed conflicts: the relativity of internal and international armed conflicts; the applicable rules; recent developments.
12. The termination of armed conflicts: war, peace and Status Mixtus; cessation of hostilities; termination of the state of war; peace treaties; functions, legal effects, characteristics and interpretations; war indemnities, reparation and restitution.

History of the Law of the Sea
Sources of the Law of the Sea
Forms of coastal State jurisdiction, including: baselines, internal waters and ports, territorial sea and rights of passage, international waterways (including straits), oceanic archipelagos, continental shelf, exclusive fishing zone, exclusive economic zone, regime of islands, delimitation between opposite and adjacent states.
Jurisdiction over vessels and maritime territory
The high seas
Fisheries
The deep seabed
Landlocked and geographically disadvantaged states
Protection of the marine environment
Marine scientific research
Settlement of disputes

Within the field of competition law, merger control has attracted special attention, despite the fact that only about 70 of the world's systems of competition law include a specific mechanism for dealing with mergers. The reason for this attention can be found in the special nature of mergers as a business phenomenon, especially when compared with other business phenomena, such as abuses of dominance by firms or cartel activities. The process of relentless globalization which has been developing since the 1990s has meant that merger operations can produce an effect on the conditions of competition in more than one jurisdiction. This means that, quite inevitably, regulatory approval in more than one jurisdiction may need to be sought. Such a consequence - as is widely accepted - can give rise to uncertainty for the firms concerned and cause huge expense and significant delay. Those who are involved in advising the firms in a merger situation are also not immune from the cost and uncertainty when merger operations have to be notified to more than one competition authority. Often legal advisors have to answer extremely difficult questions in merger cases, such as whether notification of the merger to the competition authorities in one or more jurisdictions is necessary or mandatory; which authorities need to be notified; what is required for this purpose and how to go about notifying the authorities concerned; and how will the authorities assess the merger, including any relevant time framework within which they will operate and ultimately reach a decision in a given case.

The module will aim at a thorough examination of the highly important phenomena of international mergers and their significance. Systems of merger control worldwide - both in the developed and developing world - and their operation will also be part of the focus. The module will be taught in a very practical manner, to reflect the very nature of the topic. A highly interesting range of case studies and the knowledge and expertise of practitioners in the field will be a key aspect of the module.

Introduction to competition law and policy
Mergers: Operation, statistics, significance, structure and types
Economic analysis
Merger control: Procedure, substantive tests and types
Merger control in Europe
EC merger control I
EC merger control II
EC merger control III
German merger control
UK merger control
EEA merger control
Merger control in central and eastern European countries
Merger control in the Americas
US merger control I
US merger control II
Merger control in Latin America
Merger control in Canada
Merger control in Africa
Merger control in Australasia I
Merger control Australasia II
International developments in relation to merger control: bodies and organisations
The needs and concerns of business people
Forms of cooperation between competition authorities I
Forms of cooperation between competition authorities II
Drafting and notifications
Revision

This core course examines the international system of human rights protection in its contemporary context.  Ideally students should have already taken a general course in public international law.  Teaching is in seminar format; students are expected to arrive prepared to participate actively in discussions.

There will be a 3 hour open book examination at the end of the course.

The module is designed to examine taxation law and policy from an international perspective. It is intended to complement the other taxation options in the LLM by providing an international, non-UK-specific approach to taxation.

The module looks at general issues of taxation and international law. In the first term, we look at the principles of jurisdiction to tax and the connecting factors frequently used by countries in imposing taxes. We look at how conflicts of such jurisdiction lead to international double taxation and the problems that this creates for international trade and investment.

The study of measures devised to relieve international double taxation, focuses on double taxation conventions. Particular emphasis is given to the interpretation and application of double taxation treaties based upon the OECD Model. The distributive provisions of the OECD Model are analysed in great detail including the rules devised to deal with the double taxation of various items of income such as dividends, interest, royalties, company profits, branch profits and employment income. The non-discrimination principle of double taxation treaties is also considered.

In the second term, we examine the administrative provisions of the OECD Model, concentrating on the cross-border collaboration of tax authorities. This includes the mutual assistance procedure of the OECD Model and other dispute resolution mechanisms. We also look at exchange of information and assistance for the collection of taxes in the context of law relating to enforcement of foreign tax debts which is examined in the first term.

The module also addresses tax avoidance in the international context. This includes tax havens and harmful tax competition and the measures adopted to counter them such as CFC regimes. Abuse of tax treaties, treaty-shopping and anti-treaty-shopping provisions are also considered.

Throughout the module examples will be drawn from tax systems of various countries. Some of these will be drawn from the law of the UK, but the module is not, and is not intended to be, a module in UK tax law or of any other particular country. A number of guest speakers from the private and public sector are invited to talk about their areas of expertise. As the module is dynamic new topics may be considered if they are of current interest.

The module runs over two terms. There are additional revision classes to be arranged throughout the academic year. No prior tax knowledge is required.

Two international tax modules are offered this year, complimented by a module on European Community Tax Law. Each is offered as a free standing module. Students taking International Tax Law II are strongly advised to take International Tax Law I as well.

This module is designed to give a fully rounded view of international taxation. The first term functions independently of International Tax Law I but students may find the second term challenging without the knowledge gained from that module.

Transfer pricing is the single biggest issue in international taxation for multinational business and tax administrations. The first term of this module is devoted entirely to transfer pricing. It includes a detailed analysis of the legal framework and the background to the arm's length principle and "special relationship" rules in double tax treaties.

The determination of arm's length prices in accordance with the principles set out in the OECD transfer pricing guidelines, the operation and application of traditional transfer pricing methodology and alternative methods are considered. Attention is given to the specific problems in relation to the use of intangibles and provision of services. Practical issues include documentation requirements and dispute resolution as well as mechanisms designed to improve certainty such as advance pricing agreements.

The term concludes with an examination of current applications of transfer pricing in the context of global business models and new developments in this area.

The second term commences with an examination of VAT in the cross-border context, international Social Security contributions issues and cross-border estate and gift taxation.

We then focus on international taxation of key business transactions including international investment funds, infrastructure projects, international taxation of partnerships, cross-border mergers and acquisitions, reorganisations of multinational groups.

To round out in the study of international tax we look at international human rights instruments as they relate to taxation and professional ethical issues for those involved in international tax practice.

Throughout the module examples will be drawn from tax systems of various countries. Some of these will be drawn from the law of the UK, but the module is not, and is not intended to be, a module in UK tax law or of any other particular country. A number of guest speakers from the private and public sector are invited to talk about their areas of expertise. As the module is dynamic new topics may be considered if they are of current interest.

The module runs over two terms. There are additional revision classes to be arranged throughout the academic year.

• Students will understand the multifarious and complex legal issues involved in the area of transfer pricing and cross-border tax planning
• Students will learn how transfer pricing rules are applied and implemented in internationally
• Students will learn how to devise international tax planning strategies for individuals and companies
• Students will be able to understand the OECD Transfer Pricing Guidelines
• Students will be able to understand international cross-border tax planning issues and strategies
• Students will analyse the jurisprudence from courts around the world pertaining to transfer pricing issues and tax planning situations
• Students will be able to advise businesses, governments and policy-makers on the issues which relate to transfer pricing and international tax planning
• Students will be able to effectively understand and spot the key transfer pricing issues and international tax planning opportunities that arise in practice

The legal environment for international trade and foreign investment has changed dramatically over the last ten years since the end of the Cold War. International trade and investment dispute resolution, in particular through international arbitration and other non-judicial dispute settlement mechanisms, has become increasingly common. Foreign investors are much more willing to pursue a claim of, e.g., alleged expropriation or discriminatory behaviour by a host State. Further, public international law principles must also be considered once a state is involved. Principles of state responsibility, expropriation and acts tantamount to expropriation, what comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners are aware of the complex international legal elements involved in the resolution of investment and trade disputes.

This is unique module combining International Trade and International Investment Treaty Disputes and is attractive to students interested in public international law and international arbitration.

• Understand the overlap between public international law, international economic law and international investment disputes.
• Be aware of the history (and its effect today) of the investment regime including the use of stabilisation clauses in certain host-State contracts
• Be aware of the evolution of international trade law regulation and the establishment of specific dispute settlement mechanisms
• Be able to advise on the various, often overlapping, options now available to an investor to commence arbitration against a State, even if no direct contract has been entered into between the two parties. Investors are no longer exclusively limited to rights provided by an investor Host State contract, they can now look to the extensive BIT protections and multilateral investment treaties which provide alternative recourses.
• Be able to identify the most favourable options available to an aggrieved investor which will vary depending on the exact form and content of the BIT or multilateral treaty at issue in the case.
• In addition, they will be aware that many countries have implemented foreign investment laws which also provide an investor with minimum standards of protection under international law.
• Be able to identify the types of trade disputes subject to the WTO dispute settlement mechanism, as well as its institutions and procedures, and understand the basic principles developed in GATT/WTO jurisprudence.

• to provide the student with experience in dealing with legal principles deriving from a variety of legal instruments, including, international conventions, regional trade agreements, statutes and case law;
• to enable the student to develop skills of legal analysis and problem solving at an advanced level in a commercial law subject;
• to develop and or increase the student's commercial awareness and lateral thinking

This module covers the various transactions involving intellectual property rights in the modern economy with an emphasis on technology transfer and franchising. The module will cover the law of ownership of IP rights; assignment of rights, especially in the employment context; licensing transactions and franchising. The module will not deal directly with the grant or validity of rights, but focusing solely on transactions involving them.

The module will deal also with the valuation and civil, criminal and administrative enforcement of IP rights.

The module will give students the tools and skills they will need to draft and analyze intellectual property agreements.

By the end of the module the student will have acquired knowledge about the following:

• IP as a commercial asset
• the various modalities for the transfer of technology;
• The detailed provisions of a technology transfer agreement;
• Specialised technology licences, including: biotechnology licences, software licences
• trade mark licences, know-how and show-how licences, licensing by public research institutes (eg universities) and compulsory licensing;
• Public regulation of technology transfers through, international, regional and national laws.
• Franchising
• The commercial exploitation of personality rights
• Valuation of IP
• The civil, criminal and administrative enforcement of IP rights.

By the end of the module, the student will be able, at an advanced level, to:

• analyse relevant legal materials, including international conventions, statutes, case law and standard form contracts;
• apply commercial law principles, with appropriate legal authorities, in the solution of complex practical problems;
• draft legal advice based upon such problems;
• critically appraise and offer solutions in existing areas of debate in the valuation and exploitation of intellectual property;
• display clarity and objectivity in written discussion.

This module seeks to analyse the system of judicial protection established by the EC Treaty and explore the contribution of the judiciary to governance. It draws comparisons between the European Court of Justice [ECJ] and other national and international judicial bodies, such as the Supreme Court of the United States, the House of Lords, and the German Constitutional Court. It will incorporate an interdisciplinary element, adopting a law and economics approach.

1. the principles of primacy, subsidiarity, and the direct effect;
2. the forms of Community legislation;
3. the effects of directives on national law;
4. the rules pertaining to the allocation of competence between the Community and its Member States;

Judicial Protection:

5. the jurisdiction of the ECJ and the CFI;
6. the judicial review of Community acts;
7. the rules governing the liability of the Community in damages;
8. the preliminary reference procedure;
9. the general principles of Community law, in particular, fundamental rights, equality, proportionality, legitimate expectations, rights of defence, the right of access to documents;
10. the principles governing the protection of Community rights in national courts;
11. the rules governing State liability in damages
12. the basic differences between the ECJ and the US Supreme Court as regards their composition, jurisdiction and methodology

The aim of the module is to establish students' knowledge and critical understanding of fraud corruption and money laundering laws nationally and globally, by encouraging and enabling them:

• to examine the functions of fraud corruption and money laundering laws
• to examine the historical and economic development of fraud corruption and money laundering related laws
• to contrast differing legal approaches to the proceeds and instruments of crime
• to understand the differences between the use of forfeiture and confiscation
• to apply the rules to specific issues or fact situations
• to develop a critical understanding of the relationships between civil and criminal law in the context of fraud corruption and money laundering
• to explore the use and development of money laundering laws
• to understand the globalisation in this area, and the significance of these developments for tax havens
• to develop preferences and propose solutions to current problems.

• to state the current state of the English Law of Corruption
• to give an account of the forces for reform of the law.
• to give an account of the economic arguments for the control of corruption by criminal law and other means
• critically to assess the relationship between the criminal law of corruption and other mechanisms for securing probity in public life.
• to give a critical account of the debate as to whether or not the jury is the best forum for the determination of guilt in fraud cases.
• to give a critical appraisal of the arguments for special powers for investigating an prosecuting agencies involved in the pursuit of the profits of crime.
• to give an account of the influence of international bodies and instruments in the formulation of corruption law.
• to state the major arguments for and against a "catch-all" fraud offence in English Law such as that mooted by the Law Commission;
• to give a critical account of the Fraud Act 2006
• to state, compare and contrast the mechanisms made available by the systems of criminal and civil justice for dealing with fraud against large commercial organisations.

distinguish between the deodand, forfeiture for felony and excise forfeitures.

• explain the range of cases to which the "principle" that a criminal should not profit from his/her own crime apply
• to state the limitations on the principle
• differentiate between forfeiture and confiscation
• to set out and criticize the arguments that are made for the use of forfeiture;
• to distinguish between forfeiture without conviction and forfeiture and forfeiture upon conviction;
• to distinguish between the use of forfeiture as a fine in specie and other post-conviction forfeitures;
• state and criticise the arguments for forfeiture and confiscation
• state and criticise the arguments made by economists for and against the control of money laundering.
• to set out the roles of the principal international organisations and agencies involved in the regulation of laundering
• to set out the rules relating to civil forfeiture
• to set out the procedural aspects of civil forfeiture proceedings
• to state and assess critically the grounds upon which possible human right challenges may be brought against the civil forfeiture procedure.
• to state the criteria according to which the Assets' Recovery Agency may exercise the power to raise assessments to taxation.
• to state and criticise the bases under which the power can might be subject to a human rights' challenge.

distinguish between the cases where forfeiture occurs with and without a criminal conviction.

• state and critically assess the grounds upon which forfeiture is subject to possible human rights' challenges.
• give an account of the relationship between current issues in the internationalisation of criminal law and the deployment of forfeiture.
• Give and account of EU efforts to fight fraud.
• to give an account of the factors giving rise to the development of confiscation law from 1980 to the present day.
• to state the proof requirements and the juridical nature of confiscation proceedings.
• to state the rule according to which the amount of the confiscation order is to be pr computed.
• to distinguish between the cases where the "lifestyle" provisions do and do not apply.
• to state and the grounds on which the provisions of the Proceeds of Crime Act 2002 have been and might be subject to human rights' challenges.
• to state the grounds upon which civil recovery proceedings may be brought;
• to assess critically their juridical nature;
• to state and the bases upon which the Director of the Assets Recovery agency has power to take over the tax affairs of a person and to raise assessments to taxation;
• to state and appraise critically the possible human rights' challenges that may be made to the exercise of either power.

Section A: Fraud
Types of fraud
The regulatory/supervisory institutions
The mode of criminal prosecution
Criminal offences of commercial fraud
Civil remedies

Section B: Corruption Law
Economics of corruption
History of corruption law
Corruption and development
Transparency
International Instruments

Section C: Money Laundering I
History and theory of confiscation, forfeiture and criminal laundering
Economics of laundering
The international dimension: The EU, UN, Financial Action Task Force, international mutual assistance
Confiscation
Civil recovery
Taxation
Procedure

Section D: Money Laundering II
The regulatory framework
MLR and the regulated sector
Legal professional
The FSA

The module examines the legal issues concerned with development financing including development law and theory, development models, the role and function of international financial institutions, investment finance (including project finance, privatisation, foreign direct investment and trade in emerging economies), financial law reform and international dispute resolution.

This module will be of assistance to those representing governments and those seeking legal practice in developing countries and transitional economies as well as those representing international development institutions, private banks and law firms in industrialised countries concerned with development and investment finance activities.

The module also includes more specific case studies in particular jurisdictions such as in Latin American, Eastern Europe, East Asia, Africa and the Middle East.

Introduction to the legal aspects of development finance
Law reform in emerging economies
Infrastructure financing - private financing
Development financing by international financial institutions
Sovereign debt restructuring
Microfinance
Pension fund reform
Privatisation of state enterprises
Regional integration (including the EU and South-North Cooperation (NAFTA) and South-South Cooperation (Mercosur and the Andean Pact)
Foreign investment and the settlement of investment disputes

• The place of treaties in the law of international obligations: methods other than treaties for altering international legal relationships; their interrelationship with treaties.
• The definition of treaty; demarcation between treaties and other kinds of agreements between international legal persons.
• The creation of a treaty; negotiation; adoption; authentication.
• Consent to be bound by a treaty: possible methods; available methods; date of establishment of consent to be bound; its effects.
• Entry into force: concept; provisional entry into force and provisional application; legal effects of a treaty prior to its entry into force.
• Relationship between internal/municipal law rules relating to the conclusion, operation and termination of treaties and the rules of international law on these subjects.
• Imputability to the State (or to other type of international legal person) of acts relating to the conclusion, operation or termination of a treaty done by persons claiming or appearing to act on behalf of the State (or other type of international legal person).
• Reservations to multilateral treaties: definition of reservation; law governing formulation of, and acceptance and objection to, reservations; practice.
• The depositary: functions; designation; governing law.
• Interpretation of treaties.
• Inter-temporal problems in the law of treaties: temporal scope of rules created by a treaty; retroactivity; the principle of the inter-temporal law and its application to the law of treaties; effect of changes in law, knowledge and social practices on the interpretation of a treaty.
• Third States: definition; legal effects of treaties on third States; the problem of "objective regimes".
• Termination of Treaties: resolutory conditions; agreement; desuetude; execution.
• Denunciation and withdrawal: permissibility; legal effects.
• Breach of treaty: relationship between law of treaties and law of State responsibility; concept of breach; concept of injured State; remedies; right to suspend or terminate treaty relationship.
• Effects of changes in circumstances on the existence and operation of a treaty: impossibility; rebus sic stantibus; force majeure; distress; necessity; breaks in diplomatic relations.
• Jus cogens: concept; relationship with concepts of international crimes and obligations erga omnes; operation of these concepts in the law of treaties; comparison with their role in the law of state responsibility.
• Voidness and voidability: concepts; causes of invalidity of treaties; effects of invalidity of treaty.
• Amendment and modification of treaties: procedures; effects; relationship between amended and amending treaties;
• Interrelationship of treaties: possible legal effects of one treaty on existence or operation of another treaty; legal effects on treaties of their mutual incompatibility.
• Effects of outbreak, persistence and termination of armed conflicts on the existence and operation of treaties.
• Effects of a succession of States (or of other types of international legal person) on the existence, operation and application of treaties; effects of a succession of governments on the same.

Legal Aspects of International Finance examines the legal issues arising from the operations of the largest commercial banks, merchant banks and investment banks on the international banking and capital markets. In so doing, it considers the detailed structure and content of the main international financial transactions and contracts and negotiation skills involved.

Although primarily based on an examination and analysis of current City of London practice, reference is made to other relevant laws, including the EU, the US and Asia and other national systems such as Germany. The module has a strong comparative and international law content as well as being based on current market and practitioner insight and best practice in each area.

Historical background and structure of international financial markets
Term loans, syndication and loan sales and transfers
Bonds and insolvency issues
Structured finance and special contracts
Asset securitization, acquisition finance, project finance, asset-based finance and derivatives
Regulatory aspects of bonds, the role of trusts, security issues in international finance and aircraft financing
Financial remedies, alternative dispute resolution, legal opinions and clearing and settlement
Private international law issues

The aim of this module is to educate students in the law regulating activity in relation to the content provided by the media. The module will cover both general content regulation such as libel, copyright and contempt of court in its application to the media, and sector-specific regulation such as Ofcom regulation of broadcast content. Both legal and extra-legal regulation will be considered, as and where appropriate, as well as the policy decisions and relevant lobbies and concerns which influence the making of laws on culturally sensitive issues such as the regulation of pornography and obscenity, or depictions of violence in broadcast media. Themes such as the protection of children via media regulation will be explored. The module will not be limited in its consideration to only the traditional media - the challenges implications for regulation of the internet and other new media such as mobile television will be an important feature in this module. While UK law will primarily be considered as a case study, relevant laws from other jurisdictions will be discussed as and where appropriate, and students will be encourage to analyse by comparison. Students will not be expected to have any prior knowledge of the areas of legal regulation considered.

This module will appeal particularly to students with an interest in pursuing careers with law firms which deal with the media, as in-house counsel to media entities, or with an interest in future further academic research in the field.

On completion of this module, students should have:

• An awareness of the different levels at which the media may be regulated - at the level of creation of content, regulation of distribution of media content, and general content regulations which apply either prior to distribution or
• A clear conception of the policy objectives behind regulation of ownership of media outlets and how such regulation is to be applied.
• An understanding of the restrictions which may be placed upon the information the media is permitted to report in relation to court and parliamentary proceedings. Issues surrounding the limited rights of journalists to protect the identity of their sources, and the law on breach of confidence, freedom of information, and official secrets. This will include the manner in which these regulations apply as well as consideration of the policy objectives behind such regulation.
• A thorough knowledge and understanding of particular sector-specific regulations, both legal and extra-legal, and an ability to analyse and debate the respective merits of each approach in the context of a specific medium.
• An awareness of how specific forms of content regulation (copyright, obscenity, blasphemy) can impact upon the media, and the ongoing debate about reform or repeal of elements of such regulation.

The module is divided into three main blocks, dealing with regulation of media content at the level of creation, distribution, and general content laws and regulation.

Creation of Media Content

• Intellectual Property in Media Content
• Reporting Restrictions and the Media

Distribution of Media Content

• Broadcast Media Regulation
• Media Ownership & Competition
• Libel
• Contempt of Court
• Protection of journalists' sources
• Confidentiality & Privacy
• Distributing the Media's Intellectual Property ( ©, TM, Licensing media content, use and onward use; publicity rights)

Regulation of the Media

• Blasphemy, Obscenity, Indecency, Classification
• PCC & Press Regulation
• Advertising

• provide basic knowledge and understanding of issues in medical law and ethics.
• analyse legal cases and Acts of Parliament concerned with medical practice
• develop analytical ability in understanding autonomy-based, justice-based, beneficent, deontological and utilitarian arguments.
• develop the ability to apply philosophical and ethical principles such as autonomy and justice in discussing issues of law as applied to medicine.
• deepen the knowledge of the relationship between law, ethics and medicine.

• Knowledge of medical law.
• Knowledge of medical ethics.
• Understanding of the dilemmas presented by medical practice.
• Analytical skills in interpreting and applying principles of law to medical dilemmas.
• Analytical skills in understanding the basic principles of medical ethics.
• Abilities in reading complex legal materials

The module aims to provide detailed knowledge and understanding of and the ability critically to evaluate:

The common law relating to the treatment and care of those who lack capacity and the new regime under the Mental Capacity Act 2005;
the powers, practice and procedure of the Court of Protection;
the provisions of the Mental Health Act 1983;
the powers, practice and procedure of Mental Health Review Tribunals;
current proposals for reform of the law, with emphasis upon the Mental Health Bill and how the proposed new regime will "fit" with the regime under the Mental Capacity Act 2005;
the law relating to the current regime for the care and control of the mentally disordered in the community;
the issue of discrimination against the mentally disordered and the provisions of the disability discrimination legislation;
the law and practice relating to mentally disordered offenders;
specific issues which arise in relation to the law relating to:

• mental disorder and the treatment and care of children and young persons, women, and the elderly;
• the sexuality of the mentally disordered;
• the impact of the Human Rights Act 1998 upon the law in relation to the mentally disordered;
• relevant policy considerations;
• the historical and social context within which the current law operates.

The module will appeal to law graduates, practising lawyers, medical practitioners working in the mental health field, social workers, hospital managers and those who have a general interest in mental health law.

Through reading and participation in seminars to develop knowledge and understanding of:

• Mental health law, policy and practice.
• he law, policy and practice in relation to those who lack capacity.

Mental Health Law in Context
Two Important Concepts: Capacity and Consent.
The Mental Capacity Act 2005
The Mental Health Act 1983
5. Mental Health Review Tribunals
Reform of the Law: Mental Health Policy and The Mental Health Bill
Care in the Community and the Law
Mental Health Issues in Criminal Law: Mentally Disordered Offenders
Discrimination, the Law and Mental Health
The Sexuality of Mentally Disordered Persons
Mental Health Law: The Treatment and Care of Children and Young Persons
Women and Mental Health Law
Mental Health Law: Protecting the Elderly?

This module examines legal responses to developments in medical science, increases in scientific knowledge, for example, the mapping of the human genome, post questions to which legislatures and courts react. Public discussion of new scientific knowledge is generally focused on ethical issues. For those interested in law, however, the questions posed raise not only ethical issues but issues about law itself. Which legal traditions can be called upon in response to new knowledge? Are the resources law uses adequate for such a response? Can legal thought imagine new ways of dealing with new knowledge?

The module uses risk analysis as an explanation for legislative action/inaction. Analysis of legislative debates reveals that foreseeing risk is the focus of debate. This does not necessarily fall into the deontological versus utilitarian philosophies central to much of medical ethics. Wider concerns which can be described as 'cultural' also arise. For example, where the life sciences are involved gender issues tend to be foregrounded. Discourse analysis as a methodological tool is present in the module.

Issues are presented to courts are characterised by immediacy and are individualised. Courts are expected to react quickly, and frequently limit the impact of their decisions to the instant case. Nevertheless, such cases inevitably are used in later discussions of other cases. It is to analysis of these decisions that the traditional distinctions between rights and utility can be applied.

The purpose of this module is to examine the regulation of financial markets and to contribute to a critical understanding of the subject matter through the combined study of theories of regulation in general and through the analysis of particular areas of financial market regulation, such as banking, securities and insurance. Focus is on the public regulation of national, European and international markets, and not on contractual or transactional aspects. The module provides an insightful view of current regulatory developments with the aim to identify the most appropriate regulatory policies towards increasingly complex financial phenomena and markets.

The module examines the public regulation of national and international markets (economic regulatory law), the relationship between central government, independent government agencies or transnational agencies and financial markets or market participants. A comparative study of the law in relevant financial centres in the US, UK, EU and Japan is often provided to illustrate key regulatory principles and practices, as well as an analysis of the increasing corpus of international financial soft law. The module also considers the dynamics of financial regulation in less developed countries and emerging economies. The module goes beyond the description of the black letter law of the various jurisdictions considered and explains the underlying economic and political forces which bring that law into being.

The module is suitable for students specialising in banking, financial law and in regulation studies and for students choosing general commercial law, EU law or international law subjects, who wish to understand the way financial markets are regulated.

1. Concepts of security in English law: the classification and characteristics of credit and security; sale credit and loan credit; fixed-sum and revolving credit; the function of security; the requirement for and forms of consensual security: pledge, lien, mortgage, fixed and floating charge; problems of characterisation; set-off, negative pledge and other impediments, subordination.
2. The creation, enforcement and transfer of security rights: the incidents of attachment of a security interest; consensual problems of security in future property; impediments to the creation of security; the secured creditor's remedies in dealing with the debtor; transfer of a security interest.
3. Principles of perfection and priorities: the need to perfect a security interest; methods of perfection, priority rules and the impact of various registration systems on priorities; circularity problems.
4. The floating charge: evolution and nature of the floating charge; advantages and disadvantages; crystallisation and its effect.
5. The impact of insolvency on security rights: perfected and unperfected security interests; transfers by insolvent debtors prior to administration or liquidation.

Special Subject - Specific Financing Transactions and Reform

1. General financing considerations: factors influencing the selection of the transaction; the concept of title finance, quasi-security and protection by ownership, as opposed to secured loan finance; the similarities and differences between title and loan finance.
2. Equipment financing: conditional sale, hire-purchase and leasing; the nature and characteristics of the transactions; reasons for use; legal problems created by the triangular relationship; the financier as owner; rights and duties of the parties and third parties, title conflicts between the financier and third parties; insolvency risks.
3. Stock and inventory financing; the risks of being an unpaid seller; reservation of title in goods supplied; extensions to manufactured products and proceeds; the legal risks.
4. Receivables financing: the legal and economic nature of receivables; the nature and characteristics of discounting, factoring and secured lending; the debtor's protections, set off and priority issues.
5. Law reform: the proposals for the reform of the law relating to secured transactions and proprietary finance; the Law Reform Commission's proposals; a comparison with the approach taken in North America and New Zealand.

Special Subject - Consumer Credit in English Law

1. The enquiry conducted by the Crowther Committee (1971) and the DTI Consumer Credit Act Review (2003) into the law and practice governing the provision of credit to consumers and the proposals for reform.
2. The control of consumer credit in the United Kingdom by the Consumer Credit Act 1974 (as amended) and regulations made thereunder, and in particular:
   1. the scope and application of the Act;
   2. the terminology created by the Act;
   3. the licensing of credit and hire businesses and ancillary credit businesses;
   4. protection of the consumer before and at the time of entry into the contract;
   5. protection of the consumer during performance of the contract;
   6. protection of the consumer in the event of default or termination;
   7. security in respect of agreements regulated by the Act;
   8. judicial control;
   9. the control of ancillary credit businesses.
3. The disposition of goods under credit sale, conditional sale, hire-purchase and hire agreements; the consumer's rights and obligations under such agreements at common law and under statute; conflicts between the owner of the goods and third parties; arrangements between finance houses and dealers; the legal implications of direct collection and block discounting arrangements.
4. Mortgages and charges of land, goods and choses in action (in outline only).
5. Running-account credit facilities and the use of credit cards.
6. The merits and deficiencies of the control of consumer credit in England.

On completing the module, a student should:

1. Be acquainted with the objectives and principles of securities regulations, aware of the conflicting interests at stake and able to understand the legislative and judicial attempts to balance such conflicts
2. Be familiar with different regulatory models for governing capital markets and the securities industry and be able to assess their advantages and disadvantages
3. Be able to critically reflect on the need for ongoing reform on the scope of securities regulation over investments, investment activities, and markets
4. Understand the liabilities of issuers under the disclosure requirements regime and the remedies available for investors
5. Be aware of the risks faced by investors when dealing with financial intermediaries and the legal mechanisms designed for mitigating those risks
6. Be able to critically discuss the role of administrative, civil and criminal law in combating insider dealing and other forms of market abuse and be able to distinguish the differences that exist on this matter in either side of the Atlantic
7. Be aware of EU regulatory strategies aimed at the establishment of a single capital markets among Member States and demonstrate an understanding of the principles of minimum harmonisation, mutual recognition and home country control
8. Be familiar with the enforcement powers of regulators for ensuring the integrity and orderly functioning of capital markets and be aware of different supervision and enforcement strategies across jurisdictions
9. Further develop his/her transferable legal skills including research skills, written and oral communication skills, reading skills and analytical skills

1. Introduction to Securities Regulation
2. The Regulatory Framework of Capital Markets in the UK
3. Scope of Regulated Activities
4. Authorisation and Exemption
5. Conduct of Business Rules
6. Financial Redress
7. Market Abuse Regime
8. Supervision and Enforcement
9. Listing and Public Offers

The second term examines EU law and US law

1. EU Internal Market and Financial Services
2. Securities Regulation in the EU
3. Financial Services Action Plan and Lamfalussy Process
4. Disclosure
5. Market Abuse: Insider Dealing and Market Manipulation
6. The Market in Financial Instruments Directive: Institutional structure; remedies; trans-national enforcement and co-operation
7. Overview of US Federal Securities Regulation
8. Rule 10(b)5
9. Tender Offers
10. Sarbanes – Oxley Act and Corporate Governance

The module is the foundation module for the tax group of LLM subjects. The module is also taken frequently as part of a broader package of subjects which does not include any other tax subject.

• An introduction to basic taxation concepts
• An examination of how the UK income tax system operates - highlighting differences between employed and self-employed - reviewing the main UK income tax cases
• Introduction to income/corporate tax concepts
• Examine how the UK system operates - highlight the main features - review the main UK Corporate Tax cases
• Group Taxation - features of the UK system - review of the main cases involving groups
• Introduction to VAT concepts
• Examination of the main features of the UK VAT system and the relationship with the Sixth Directive - review of the main cases
• Special Features of the VAT system - Groups, Financial Services, Immovable Property - review of the main cases
• Objectives of taxation and various criteria for evaluating tax systems.
• Introduction to basic concepts used in the economic analysis of taxation (e.g. neutrality, vertical and horizontal equity, progressivity, etc).
• Economic analysis of types of taxation - direct/indirect, capital/income/expenditure.
• Theoretical introduction to income tax and corporation tax and the problem of integration, distinctions between income and capital. Theory of capital taxation, and non-technical introduction to inheritance tax and capital gains tax. Introduction to structure of value added tax.
• Historical background.
• Sources of tax law.
• Interpretation of taxing statutes and introduction to tax avoidance debate.

Administration and Enforcement

• Structure of Her Majesty's Revenue and Customs.
• The Court System in relation to tax cases, including Law and Fact.
• Assessments.
• Enforcement and Collection (including the "Black Economy").
• Inland Revenue discretion - practice statement and extra-statutory concessions - judicial review and the Inland Revenue.

Income Taxation

• The Schedular System.
• Personal allowances, rates of tax, computing personal liability to taxation.
• Taxation of self-employed individuals.
• Employment income and Class 1 National Insurance Contributions (omitting profit-sharing schemes and profit-related pay). Including foreign element.
• Losses (in outline).
• Capital Expenditure (in outline).

Capital Taxes

• Capital gains tax in detail - basic structure - assets; exemptions and reliefs; disposal; computation.

Foreign Element

• Domicile and Residence of individuals. Relevance to UK taxation.

Detailed Discussion of tax avoidance

• Legislative and judicial treatment

Proposals for Reform

The module examines a number of aspects of the law of succession including: total and partial intestacy; capacity; revocation, republication and rectification; various types of wills (mutual, privileged and statutory); entitlement; construction; forfeiture; donatio mortis causa; the Inheritance Act 1975; drafting will trusts; probate; practical problems arising in estate administration (eg jointly owned property, discharging liabilities, paying taxes and drafting accounts). The module also looks at comparative laws of inheritance and the use of offshore trusts legislation to avoid forced heirship rules and at relevant conflict of law issues.

Students will acquire knowledge of the Law of Succession and develop skills relating to the analysis of probate law and the proper preparation of related documentation, all commensurate with learning at a postgraduate level in that skills and knowledge acquired at the undergraduate level will be deepened.

• Brief historical introduction to the law governing dispositions on death.
• Total and partial intestacy.
• Capacity; animus testandi; fraud; undue influence; knowledge and approval.
• Formalities.
• Revocation; republication; rectification.
• Mutual wills;
• Privileged wills.
• Statutory wills.
• Entitlement - ademption; lapse; disclaimer
• Construction.
• Forfeiture
• Donatio mortis causa.
• Inheritance (Provision for Family and Dependants) Act 1975.
• Drafting will trusts - concentrating on common dispositions, e.g. tax-effective disposal of family home, utilising tax effective trusts.
• Probate - obtaining probate in common form or solemn form; grants of letters of administration.
• Common practical problems arising in estate administration, e.g. jointly owned property (especially bank accounts), discharging liabilities, paying taxes, drafting accounts.
• Comparative laws of inheritance - freedom of testation (as in England) compared with forced heirship in civil law jurisdictions.
• Offshore trusts legislation to avoid forced heirship rules and relevant issues in the conflict of laws.

The module will set out the field of practice and study together with references to key decisions, legislative responses, international discussions and resolutions, and other important documents. As well as primary materials (international and national) and documents, the module will be concerned with related and influential materials from various groups including industry groups, non-governmental organisations, and indigenous groups, all of which continue to inform the practical context in which these legal developments occur and are applied.

1. Historical Developments The module will set out with an introduction to the historical developments towards the present frameworks for protection in the context of these fields as international practice areas. This historical context is provided alongside a thorough grounding in the legal framework for protection and commercialisation (see below), and the necessary critical materials with which to consider future developments (mainly in the companion volume of annotated materials).
2. Intellectual Property and Other Practice Areas The module will deal with the legal and political developments concerning the laws relevant to the protection of (and activities with) genetic resources, traditional knowledge, and traditional cultural expressions. This will include primarily the intellectual property frameworks (especially given that the World Intellectual Property Organization Intergovernmental Committee is the central forum in which international laws pertaining to this subject matter are being debated). However, in addition, the book will also examine the laws and practice areas of cultural heritage, biodiversity, environment and planning and natural resources law, native title, cultural diversity and human rights.
3. International Perspective The international scope of this module is a significant aspect of its relevance and value. International resources will include materials and documents from WIPO, World Trade Organization (WTO), and other relevant international and intergovernmental bodies. In addition, the module will also deal with significant documents and developments from indigenous groups, non-governmental organisations, and other sectors of civil society.
4. National Case Studies Major relevant documents and developments in various jurisdictions will be considered. This will include legislative responses, jurisprudence, and policy documents and reports. Critical jurisdictions will include not only areas of the developing world (biodiversity-rich regions; traditional knowledge holders), but also, and quite importantly, Europe, USA, Canada, Australia, and Japan, where the interests of industry present some of the most complex as well as legally and politically significant activities with respect to accessing materials in other jurisdictions.

Students will obtain knowledge of the complex interaction of legal frameworks relevant to the protection and use of traditional knowledge and genetic resources, and will develop an overall appreciation of the application of these various frameworks in a practical and at times commercial context. In addition, students will obtain experience in the cultural and ideological aspects of the debates and developments in these areas, and will consider socio-economic and socio-cultural perspectives upon international developments.

Students will achieve the means by which to develop and apply their knowledge and understanding in this complex area for the purposes of considering and analysing the issues, as well as the means to ascertain the law and theory from various international, European and other national documents, domestic legislation, case law, and secondary literature.

Students will acquire the necessary skills to undertake critical analysis of the issues as well as practical application of current frameworks.

Students will acquire skills and experience in the assimilation and analysis of complex material from various sources, and will present the relevant knowledge and understanding through reasoned and supported research papers. Through seminar-based learning, students will express themselves orally as well as through coherent written forms in their coursework. Similarly, the module will promote research skills as well as deliver practical and commercial skills for further training or research as desired.

This module will consider the nature of the rights generated between investors, investment entities and investment managers in a range of investment entities. At its root are the techniques of trusts and ordinary companies which combine mixed concepts of property and obligations, which themselves have deployed concepts of contract and partnership. The first third of the module will consider these conceptual issues along with questions of various understandings of risk, the nature of rights in property and questions of social solidarity expressed through legal, corporate entities and their historical development. The remaining two-thirds of the module will divide between two forms of investment entity: that is, between financial-speculative investment entities and social investment entities, where the former seeks to generate purely financial returns and the latter to achieve some broader purpose. In the categories of financial investment are unit trusts and other collective investment schemes, investment trust companies and Eurobond transactions. In the latter category are friendly societies, co-operatives and credit unions, NHS trusts and public interest trusts. Pension funds occupy a category straddling the two.

Part A - The legal nature of investment entities

1. Introduction: law and investment entities
2. Theories of contract, property and money in law
3. Ordinary trusts used for investment purposes
4. Issues of share capital in ordinary companies

Part B - Financial investment entities
5. Pension funds
6. Bonds and Eurobonds and collateral transactions
7. Unit trusts
8. Open-ended investment companies; investment trust companies

Part C - Social investment entities
9. Friendly societies and a history of social investment
10. Co-operatives: industrial and provident societies, and credit unions
11. NHS Trusts, PFI & public services
12. Conclusions - rethinking the legal treatment of investment

The purpose of this module is to teach participants substantive and procedural aspects of UK Competition Law. The module will provide participants with a flavour of the economic and market context in which UK Competition Law is applied. The module will consider important business phenomena in the market such as anti-competitive agreements, abuse of market dominance and mergers between firms. It is hoped that by the end of the module participants will gain a good understanding of the competition rules of the UK in order to help them identify situations in which such phenomena may arise.

The module will be taught on the basis of one two-hour seminar each week. In addition to the weekly sessions the module includes several case studies based on real cases. Participants will be asked to prepare the case studies beforehand and be ready to discuss them in the class. The case studies will give participants a taste of what competition law in practice is really like. They will also provide excellent guidance on how to approach competition law problems in the examination room and beyond.

UK competition law has undergone radical reform over the last 10 years. Whilst the new system is starting to ‘bed down’, many issues remain to be explored.  This makes the year 2008/9 a particularly interesting one to study the subject.    

Participants attending this module are not expected to have prior knowledge of UK (or EU) Competition Law.

• Introduction to the module
• Competition Law and Policy: Law, Economics and Politics
• Market Definition
• Institutional structure and different actors in the UK regime
• The ‘Chapter I prohibition’ – general principles
• Vertical restraints (part one): when do vertical agreements restrict competition?
• Vertical restraints (part two): exemption
• Horizontal restraints (part one): price fixing and market sharing (and oligopoly)
• The Cartel offence
• Horizontal restraints (part two): horizontal cooperation
• The ‘Chapter II prohibition’ (part one): general principles and dominance
• The ‘Chapter II prohibition’ (part two): Abuse (I)- Refusal to supply, tying and bundling
• The ‘Chapter II prohibition’ (part three):  Abuse (II)- Predatory price cutting
• The ‘Chapter II prohibition’ (part four):  Abuse (III)- Rebates and discrimination
• The problem of oligopoly: concerted practices and ‘collective dominance’
• Market studies and market investigations
• UK merger control (part one): jurisdiction and procedure
• UK merger control (part two): substantive analysis
• UK enforcement procedure (part one): procedure before the OFT and appeals to the CAT
• UK enforcement procedure: alternative enforcement techniques (commitments, settlements, private enforcement)
• The application of the competition rules in the sectors

This module complements the existing offering in environmental law and offers a more focused module on one of the most sensitive environmental issues of our time. It seeks to provide a broad analytical view of the problem of climate change law and policy in its broader context.
The module will first examine a number of background topics as well as the main international legal instruments that constitute international climate law and policy. This will include an examination of the underlying principles of climate change law and policy, an introduction to the UN Convention on Climate Change and its Kyoto Protocol, a focus on specific legal issues arising the context of the UN regime such as compliance and liability as well as an analysis of more specific problems such as regional approaches and relations between climate change law and other areas of law such as trade law.
The module will then move on to examine a number of specific problems arising in the context of the law and policy response to climate change both concerning mitigation and adaptation. Specific problems examine will include human rights implications, agriculture and climate change, land-use, forests and biodiversity and climate change, energy and transport.

The module aims to provide a comprehensive survey of the developments of law and policy in relation to climate change. The module will critically examine interlinkages between normative and substantive developments in a number of law and policy fields relating to climate change including trade, investment, liability and redress, adaptation and development. It will primarily adopt an international perspective but will also draw on regional and country case studies. The latter will provide the basis for comparing the ongoing development of climate change law and policy in countries of the North and South.
Students on completing the module will be able to demonstrate a comprehensive understanding of and familiarity with the most salient issues within climate related law and policies. They will be able to show familiarity with key legal and policy developments across such a broad range: energy sector, marine, insurance and liability, human rights, adaptation and finance mechanisms. This will give any student an advantage in gaining employment as employees within law firms, governments, businesses and non-state actors seek climate literate candidates to fill this new section of the job market.

International and EU energy law; international law of water resources and fisheries; nuclear energy; renewable sources of energy; energy and the environment; international energy trade and investment; the Energy Charter Treaty; dispute resolution in the international energy disputes.

• To develop students’ research skills in the area of international law applicable to energy and natural resources activities;

• to develop the ability to critically evaluate the rules, policies, and principles of international natural resources law; and
  
  
• to develop students’ analytical skills by identifying and resolving legal arguments arising out of energy and natural resources law disputes.

By the end of the module, students will be able to:

• Determine and evaluate key international law principles and trends in natural resources and energy sectors;
• Demonstrate a good understanding of the substantive rules of international law applicable to energy and natural resources activities;
• Understand how to critically assess a variety of legal instruments regulating exploitation of natural resources;
• Critically evaluate cases of nationalization/expropriation of natural resources enterprises and issues of compensation;
• Assess the effectiveness of international law in addressing the environmental impact of energy and natural resources activities; and
• Understand whether 'international natural resources law' exists as a discrete substantive area of international law.

• Introduction
• Types of natural resources; sources of energy
• Title to natural resources
• Territorial jurisdiction
• Mechanisms for foreign access to natural resources
• Dynamics of relations between host states and international energy companies

• International Agreements in the Sphere of Natural Resources
• Governing principles
• Alteration of contracts
• State succession to international resource contracts

• Expropriation and Compensation
• National treatment and conditions of operation
• Requirements for permitted nationalization / expropriation
• Compensation
• State responsibility

• Current Trends in the International Natural Resources Law
• Investment conditions and incentives
• Permanent sovereignty over resources
• Codes of conduct for multinational corporations
• Latest techniques for settlement of investment disputes

• International Energy Law
• Sources
• Subjects
• The exercise of State jurisdiction over energy resources and energy activities
• Energy disputes settlement

• Exploration and Exploitation of Offshore Energy Sources
• The Law of the Sea
• The right and duties of the coastal State
• Marine pollution
• Dumping

• Maritime Transportation of Petroleum
• Prevention of vessel source maritime pollution
• Liability and compensation for pollution damage 

• Nuclear Energy
• Liability and compensation
• Notification, assistance, and nuclear safety

• Energy Security
• Security of supply
• Security of energy installations and ships

• Energy and the Environment
• Procedural environmental requirements
• Air pollution
• Climate change

• International Energy Trade and Investment
• WTO
• Modern Investment Laws, Bilateral and Multilateral Investment Treaties
• Energy investment

• The Energy Charter Treaty (ECT)
• Historical background
• ECT’s investment provisions: absolute minimum standard of treatment; internationalization of contracts; national treatment standard; freedom to transfer funds; nationalization/confiscation, host state’s right to deny benefits
• Arbitral decisions
• ECT’s trade provisions
• Direct effect of the ECT
• Transit negotiations

• Dispute Resolution in the International Energy Disputes
• Choice of method and forum of resolution
• Negotiation, conciliation, mediation, arbitration
• International investment treaty arbitration
• Standing body vs. ad hoc panel as the proper body for the resolution of the dispute
• Choice of law: effectiveness and deference shown to the contractual provisions
• Adjudication: jurisdiction, service of process and taking of evidence abroad, enforcement of foreign judgments, and act of state and foreign immunities doctrines
• Alternative dispute resolution

• The EU’s External Energy Policy
• The role of EU in creating an international energy regime
• Regional cooperation regimes

• EU Energy Law
• Legal framework
• The rules on competition
• Trans-European energy networks
• Legislation on the upstream hydrocarbons sector 

• EU Electricity Market Legislation
• The Electricity Directive 2003
• The Electricity Regulation 2003

• EU Gas Market Legislation
• The Gas Directive 2003
• The Gas Regulation 2005

• Legislation on Renewable Energy Resources
• Development of legislation for renewables-based electricity
• Renewables Directive
• EU policy and legislative framework for renewable energy

• Standard Agreements in European Energy Trade
• Wholesale markets: role, players, products, risks, master agreements
• The EFET general agreements
• Other trading standards

• International Law of Water Resources
• Sources and key elements of International Law of Water Resources
• The 1997 United Nations Convention on Non-navigational Uses of International Watercourses
• Human right to water (General Comment 15 of the Committee of the 1966 Covenant on Economic. Social and Cultural Rights)
• Water as commodity (privatization) and water and GATS
• Substantive norms: theories of allocation; equitable and reasonable utilization and no significant harm; ecosystem protection and vital human needs; legal assessment
• Implementation: duty to cooperate; prior notification and consultations; exchange of data and information; public participation; compliance strategies
• Dispute settlement: private remedies; settlement of disputes between States;  treaty negotiation

INTERNATIONAL LAW AND FISHERIES

• International Regulation of Fisheries
• The Law of the Sea
• Fish in high seas
• Exclusive economic zones

The following topics outline the syllabus:

• Legal dilemmas to achieving environmental protection: ‘sustainable development’?
• The evolution and inclusion of environmental principles within governing legal frameworks: International and European developments, including the choice of regulatory instrument(s) utilized by the EC in its environmental law provision.
• Introduction to the institutional framework for EC law-making and enforcement, focusing on EC environmental law.
• The role of the ECJ and the ‘direct effects’ doctrine, focussing on its application in EC environmental law
• An examination of both procedural and access to justice rights in EC law, including standing issues raised by the prospect of challenging Community institutional decisions before the ECJ.
• An assessment of the sectorally-based regulatory development of substantive EC environmental law within areas such as water and air pollution, Integrated Pollution Prevention and Control (IPPC) and waste.
• Conceptual and practical legal issues arising from efforts at providing for wildlife protection and nature conservation within EC environmental law.

• The evolution and inclusion of environmental principles within governing legal frameworks: International and European developments, including the choice of regulatory instrument(s) utilized by the EC and UK legal systems in their environmental law provision.
• Introduction to the institutional framework for UK environmental law-making, implementation and enforcement.
• Introduction to the European Convention on Human Rights, 1950 and its implementation within the UK legal system in the form of the Human Rights Act, 1998 and focussing upon reliance on its provisions, notably Article 8 on privacy and a family life, for possible protection against environmental interference.
• An assessment of the sectorally-based regulation of substantive UK environmental law within areas such as water and air pollution, Integrated Pollution Prevention and Control (IPPC) and waste, with an emphasis on the EC-origin of much of this sectoral environmental law.
• Conceptual and practical legal issues arising from efforts at providing for wildlife protection and nature conservation within UK environmental law

• The evolution of competence on JHA – from the third to the first pillar
• Developments in judicial protection

-EU measures on asylum
-EU action on economic migration
-EU action on irregular migration

• Border controls, in particular:
  -The European Border Agency
• Population controls and EU databases: the development of  EURODAC, the EU Visa Information System and the Schengen Information System and their interoperability
  - The routine collection of information on passengers/movement in the EU
  - Exchange of passenger data (PNR) with the US
  - Towards a global system of exchange of passenger data

• Criminal law in the internal market: penalties, sanctions, prohibitions
• The harmonization of criminal offences in the EU
• The principle of mutual recognition in criminal matters (the European Arrest Warrant and other developments)
• The development of EU rules on criminal procedure and the rights of the defendant
• The development of EU criminal law principles (such as ne bis in idem and the presumption of innocence)
• Police co-operation in the EU and the role of Europol
• EU measures against money laundering, organized crime and terrorism
• The development of operational co-operation in criminal matters – issues of legitimacy, democratic control and accountability
• The evaluation and implementation of EU action in Justice and Home Affairs
• The external dimension of EU action in criminal matters, focusing in particular on relations with the USA

This module will look at UK and European law on equality.  The focus will be on European mechanisms for protecting equality rights, deriving from the European Union and the Council of Europe, although account will be taken of other relevant international sources.  The impact of these domestically will be considered, particularly in the UK.  Selected equality rights will be analyzed from a number of perspectives, both to explore their theoretical foundations and to evaluate their effects in practice.

Here is an indicative list of seminars (although subject to adjustment):

Week 1: Introduction to Equality Rights in Europe and the UK
Week 2: The Council of Europe and Equality Rights
Week 3: The EU and Equality Rights
Week 4: The UK and Equality Rights
Week 5: Case Study I: Race, Sex and Equality Rights
Week 6: Case Study II: Pregnancy, Parenthood and Equality Rights
Week 7: Case Study III: Disability and Equality Rights
Week 9: Case Study IV: Sexual Orientation and Equality Rights
Week 10: Case Study V: Religion, Belief and Equality Rights
Week 11: Case Study VI: Reform Debates

Here is an indicative list of seminars (although subject to adjustment):

Week 1: Introduction to the ILO, Council of Europe, European Union and the UK
Week 2: Mechanisms for Protecting Human Rights at Work I: The ILO
Week 3: Mechanisms for Protecting Human Rights at Work II: The Council of Europe
Week 4: Mechanisms for Protecting Human Rights at Work III: The EU
Week 5: Mechanisms for Protecting Human Rights at Work IV: The UK
Week 6: Freedom of Association I: The Council of Europe
Week 7: Freedom of Association II: The EU
Week 8: Freedom of Association III: The UK
Week 9: Privacy and Conscience I: The Council of Europe and the EU
Week 10: Privacy and Conscience II: The UK
Week 11: Evaluating Workplace Human Rights Protections in Europe and the UK

Which legal framework to adopt for the delivery of services of economic interest (and in particular the respective role of market principles and regulatory intervention) is an important political issue in many states, both in mature and transition economies. In the EU context, this area also raises the additional issue of the respective role of the EU and its member states in the regulation of services of general interest.
The module will start with a general part, designed to introduce core concepts and the general legal framework for the provision of services of general interest in the EU. We will then consider the application of these rules in specific contexts by way of case studies in individual economic sectors.

Learning outcome:
1. To demonstrate a thorough knowledge of the application of competition law principles to services of general interest
2. To evaluate the rationale for public regulation of services of general interest
3. To acquire a critical knowledge of the application of EU rules to a number of specific economic sectors such as energy, communications, transport and pensions
4. To assess the respective roles of the EU and its Member States in regulation of services of general interest

1. introduction to the module - the concept of services of general interest
2. The State and EU competition law: general issues
3. Liberalisation and the structure of EU policy on services of general interest
4. Public provision of services of general interest and state aid
5. Services of general interest and the competition rules applicable to undertakings: Art 86 EC
6. Energy
7. Telecommunications
8. Postal Services
9. Transport: air and rail transport regulation
10. Transport: aids to regional airports
11. Pensions

This module aims to address all policy and regulatory issues raised by the internet and technology applications enabled by the internet. The borderless nature of the internet and the possibility to transmit information quickly on a global basis has raised difficult questions of state jurisdiction and regulation which this module will explore in depth. The topic of this module affects many different areas of law (IP protection, privacy, content regulation, criminal law, competition law, administrative law) and is therefore a pervasive theme, which lawyers cannot ignore. The module is therefore aimed both at lawyers wishing to specialise in technology/IP law and at lawyers studying other subjects (such as human rights, media law, administrative law or commercial law). The subject of internet regulation will be taught from a policy perspective (rather than a transactional perspective).

• Students will learn about the nature and characteristics of the internet and associated technologies and how these impact on existing legal relationships, rights and concepts.
• Students will understand how the internet has revolutionised the transmission and distribution of information and how this affects the regulation of information flows.
• Students will gain an understanding of the principles relating to jurisdiction and enforcement in international law and how these are applied to the internet.
• Students will learn to assess the significance of private forms of regulation (self-regulation, regulation by Code).
• Students will analyse the challenges for the law and how they should be overcome.
• Students will be enabled to critically analyse new technologies by assessing their impact on the law (eg how peer-to-peer file sharing software and digital rights management rebalances the existing balance of rights between copyright holders and users of copyright-protected materials).

• Structure, Technology and Characteristics of the Internet
• Internet Governance and Regulation
• Different Forms of Regulation, State and Self-Regulation
• Jurisdiction Issues
• Intellectual Property Issues arising from the Technology
• Privacy & Data Protection
• Location, Authentication and Identity Issues
• Cybercrime
• Freedom of Speech and Regulation of Illegal Content
• Consumer Protection and Trust Issues
• The Liability of Internet Service Providers

To describe a module as EU ‘constitutional’ law is not without controversy. After all, the European Union has its roots in international treaties establishing three economic communities. The aim of this module is to consider the constitutional qualities of the EU. It explores the metaphor of the ‘constitutionalization’ of a Treaty-based system. It analyses the adoption of the failed Constitutional Treaty and its replacement with the Lisbon Reform Treaty. The relationship between the EU constitutional order and that of its Member States is explored together with the relationship between EU and international legal orders. The substantive content of the EU ‘constitution’ is equally contentious as regards its balance between economic and social goals. The separation of powers or institutional balance within the EU is analysed as regards the identity and roles of the EU legislator, administration and judiciary. Finally, the module reviews and analyses the protection of fundamental rights within the EU.

Learning outcome:
To develop a critical understanding of the use of the language of constitutionalism when applied to a non-state transnational policy
To understand the relationship between the EU and national and international law.
To conceptualise the roles of legislature, administration and judiciary in the EU context.
To analyse the plurality of systems for the protection of fundamental rights and the interaction of these systems within Europe.

1. The EU: a system based on international law or a constitutional order?
2. From Constitutional Treaty to Lisbon Reform Treaty.
3. Relationships with the National Legal Systems
4. Relationships with International Law.
5. Substantive Constitutionalism: an economic or social constitution?
6. The Union Legislator.
7. The Union Administration.
8. The Union Courts.
9. Protection of Fundamental Rights.
10. The Charter of Fundamental Rights.
11. Fundamental Rights: the interaction of national, EU and international orders.

The aim of this module is to explore how the European Union governs and how that governance architecture has changed over time.  An important theme underlying the module is to explain why different governance tools have emerged and how they have evolved over time. One explanation is to relate these tools to particular projects such as the Single Market programme, the project of EU enlargement or the more recent Lisbon Strategy. Another explanation lies in the EU’s search to combine efficiency with legitimacy. In addition to considering explanations for their emergence, the module analyses the relationship between the evolving governance architecture of the EU and its underlying constitutional architecture and principles. In doing so it explores the extent to which new governance tools operate outside, within or in tension with the EU’s constitutional system.

Part of a strategy of offering one semester modules to allow students greater flexibility within the EU specialisation on the LLM programme.
To offer a module on a core feature of EU law that has been subject to recent change and development.
To provide an educational foundation for students with little or no experience of the EU system.
To provide a platform for further study of the EU or for comparative constitutional study.

Learning outcome:
To understand the variety of techniques and mechanisms through which the EU governance.
To explore explanations for the development of new techniques of governance.
To conceptualise the roles of different actors – governmental, social and economic – in the EU governance process.
To theorise the relationship between the evolving constitutional and governance architectures of the EU.

1. The Principle of Conferred Competence.
2. The Principles of Subsidiarity and Proportionality.
3. Harmonization Policy.
4. Mutual Recognition.
5. New Approach to Technical Harmonization.
6. Better Regulation and Regulatory Simplification.
7. Comitology and Agencies.
8. Social Dialogue.
9. Differentiated Integration.
10. Open Method of Coordination.
11. Constitutionalism and ‘New’ Governance.

This Module aims to look at developments in commercial law from the seventeenth century to the beginning of the nineteenth century.  It will focus on four areas: the law of bankruptcy, insurance, negotiable instruments and company law.  It will ask whether the development of law in these areas helped, or hindered, the rise of a modern economy.  It will consider both how the courts handled these issues, and at the impact of legislation.

This Module aims to show the development of modern contract doctrine from its origins in the disparate actions of assumpsit, debt and covenant.  It will look at how thinking about contract law was transformed in the eighteenth and nineteenth centuries.  English lawyers came under the influence of new theoretical approaches to doctrine.  It will look at the way contracts were handled in separate courts of common law and equity, and how the fusion of the judicatures impacted on contract law.  The Module will trace doctrinal developments, and will also seek to place those developments in their social and economic contexts.

This Module aims to show the development of modern tort doctrine during an era of industrialization.  It will show how judges and jurists responded to the new problems of industrial accidents, large-scale pollution, and neighbourly disputes.  It will examine how jurists sought to develop a unified theory of torts in the century before Donoghue v Stevenson.  It will also look at the effects of the new doctrines, considering in what ways the law assisted or hindered the development of a capitalist economy.

This Module will examine theories likely to inform legal research.  It will begin by looking at some major issues in ethical reasoning and link these to the ‘legal reform’ orientation of much legal research.  The second part of the Module will consider the origins and nature of liberal political theory, which forms the background to much legal research into public law and rule of law issues.  The third section will examine economic analysis, which is the dominant theoretical approach to commercial law research.  The fourth section will examine the application of post-modern theories to legal research, with a particular focus on their implications for inter-disciplinary studies.

Modern and post-modern legal theory building on students’ background in legal theory, and the prerequisite Module Jurisprudence A.  

This Module will examine liberal and analytical legal theory, and various critiques including Marxism, Feminism, and Deconstruction theories.

This module will cover the following topics:

• An overview of the functions of insolvency;
• The relationship between insolvency and the general law of property and obligations;
• Rationality of the legal principles underlying the treatment of claims on insolvency and the gathering and distribution of assets on winding up;
• Corporate rescue mechanisms;
• The allocation of decision making power in corporate insolvency and the accountability of such decision makers;
• The applicability of Company Law in corporate insolvency;
• Practical aspects/ legal issues on corporate failure.

The corporate insolvency module aims to provide an overview of corporate insolvency procedures, the relationship between the general law of property and obligations and insolvency, corporate credit and security issues in the context of corporate insolvency, and corporate rescue mechanisms.

The current global financial crisis has heightened interest in and seen an increase in the calls for efficiency with respect to corporate insolvency procedures, the insolvency aspects of the taking of security, corporate rescue mechanisms, the accountability of corporate decision makers in the context of corporate insolvency and the structuring of transactions which involve corporate credit and security, all of which the module will explore in detail.

The topics covered by the Module are of importance to many different areas of law (company law, commercial law, secured financing, banking and financial law, the law of property and obligations) and are likely to be of interest to a large number of graduate students. The module is aimed both at students wishing to specialize in corporate insolvency/corporate and commercial law and at students with interests in the general law of property and obligations, regulation of financial markets and corporate social responsibility.

• Basic principles of insurance law and contracts
• Parties to construction contracts; the role of the insurance brokers / insurance companies / banks in particular
• Overview of the risks associated with major construction contracts; contractor insolvency in particular  
• Risk allocation in construction contracts
• Contemporary techniques of risk management in construction projects
• Typical insurance products Part I (bid bonds, and performance bonds)
• Typical insurance products Part II (bank guarantees and standby letter of credit)
• Standard forms of bonds Part I (ABI Model Form of Guarantee Bond and FIDIC Form of Performance Security)
• Standard forms of bonds Part II (ICE Form of Default Bond and Model Form MF/1)
• Rights, duties and claims arising out of insurance contracts; third party liability
• Reinsurance contracts in the context of construction contracts

This Module addresses the history, law and principles of insurance and reinsurance contracts, including the concept of risk pooling. It will examine the attributes of insurance generally, including the prerequisite of an insurable interest and of insurance contract formation generally. This will encompass the formation of contract, duty of good faith dealing, insurance contract terms, and the nature of specific coverages with a primary focus on non-life liability/indemnity and primarily within the UK and US jurisprudence.

This Module examines the regulation of insurance and reinsurance within the context of applicable UK law and regulation, including the UK regulatory authority, the FSA. It also examines the overlay of EU law and the UK implementation focusing on the harmonisation of insurance and other financial services regulation within the EU with a view to create a single market in insurance as a key financial services market, including consideration of the structure for regulating insurance products that comprise securities. It will also consider the U.S. regulatory framework generally.  well explore the role of national and international bodies such as the International Association of Insurance Supervisors, the U.S. National Association of Insurance Commissioners and the International Accounting Standards Board.

Module Description:
This course explores the related, but often conflicting, themes of privacy and data protection, on the one hand, and access to public sector information, on the other. The protection of personal data has become a high profile subject in many countries around issues such as the ‘surveillance state’, reports of large-scale data losses in both public and private sectors, lively debates regarding the privacy implications of social networking services (e.g., Facebook), and growing interest in ‘cloud computing’, whereby data processing and storage are provided on demand via the Internet.
Meanwhile, freedom of information (FOI) legislation aims to give citizens greater visibility of the workings of their governments by allowing them access to information processed by, and on behalf of, public authorities. Such laws are having far-reaching and significant effects and, on occasions, dramatic and unintended consequences. Just one example is the scandal that engulfed the UK Parliament with the 2009 publication of MP’s expenses claims. Conflicts arise between data protection and FOI legislation where public sector information concerns individuals. To put these controversial and fast-moving fields in context, this course first considers the origins of, and justifications for, both privacy and information access laws before looking at how they work in practice. We take an international approach with a particular emphasis on the position in the European Union.  
Following an introductory session, data protection and privacy are considered in more detail. A global perspective is followed by a more detailed analysis of the European and U.S. positions. The middle part of the course explores the law relating to information crimes arising under data protection and other legislation. The third, and final, part of the course examines freedom of information and public access laws, again from an international and comparative perspective. In studying UK FOI legislation, the class benefits from the unique experience of being taught by the Chair of the UK Information Tribunal. The class is also usually invited to attend at least part of a Tribunal hearing. Finally, in relation to both data protection and FOI, there will be practical case studies and a revision session.

• Students will understand the multifarious and complex legal issues involved in the area of taxation of UK Business
• Students will learn how the rules of the various taxes affecting UK business operate and interact
• Students will be able to understand the administrative and policy issues surrounding UK business taxation
• Students will analyse the jurisprudence of the UK courts and the ECJ relating to direct and indirect taxes
• Students will be able to advise businesses on issues which relate to UK tax laws
• Students will be able to effectively understand and spot the key UK tax law issues that arise in practice

The module is divided into three parts.

In the first part of the module, after a brief review of the basics of the UK tax system as they apply to a business, we will examine aspects of the computation of income and tax liability common to all businesses and particular features affecting individual traders, partnerships and companies.

In the second part we will examine several more specialised topics including the taxation of company distributions, groups of companies, pensions, anti-avoidance, company reorganisations and certain international aspects of the national (UK) tax system.

The third part focuses on VAT and the relationship between the VATA 1994 and the Sixth Directive, together with both UK and ECJ jurisprudence. Value added tax has gained increasing importance in recent years as a source of revenue for governments around the world. Moreover, it is a tax that is capable of raising large amounts of revenue at a relatively low administrative cost. It is based on a simple and elegant concept of charging tax on each transaction in the chain of production, but only on the value added by each producer. In the system of VAT used in the EU (and many other countries) it is in principle structured as a general tax on consumption. Nevertheless, in practice, VAT turns out to be a complex tax that is often difficult for taxpayers to understand.

This module will introduce the basics of the concept of value added tax and studies the system of VAT adopted in the European Union as implemented in the UK. Key concepts such as the principles of VAT generally and within the EU legal system; the meaning and role of supplies of goods and services; taxable persons, the taxable amount, input tax and exemptions; international transactions (both within and outside of the EU), transactions involving land and transactions in financial services.

This module aims to introduce candidates to the law and jurisprudence of the TRIPS Agreement as it is evolving under the case law of the WTO Appellate Body, WTO Panels and the European Court of Justice. It will provide students with a series of current problems in international trade and intellectual property law with the aim of showing how judges and arbitrators set about interpreting international and national intellectual property laws for their compliance with the TRIPS Agreement and where relevant, TRIPS-Plus bilateral trade agreements.

On completion of this module, candidates should be able to:

Explain the basic structure, principles and sources of international intellectual property law as they are found in the WTO-TRIPS Agreement.
• Evaluate key substantive and procedural issues concerning the settlement of intellectual property disputes within the World Trade Organization (WTO) and the European Communities.
• Identify the legal principles and case law relevant to constructing legal claims and submitting legal argument in transnational intellectual property disputes.
• Develop research, writing and advocacy skills in international intellectual property law.

1. PRINCIPLES OF INTERNATIONAL LAW AND THE TRIPS REGIME
   1. Sources of international intellectual property law
   2. Relationship between TRIPS obligations, regional, and national industrial property laws
   3. Temporal scope, implementation and application of TRIPS
   4. Relationship between the Paris Convention and the TRIPS Agreement
   5. Interpretation of the TRIPS Agreement
   6. Principle of Territoriality And Independence Of Rights
   7. Minimum Standards Of Protection under TRIPS
   8. General principles and Objectives of the TRIPS Agreement.
2. PROBLEMS OF INTERNATIONAL PATENT AND TRADE MARK LAW
   1. Pharmaceutical Patents and Access To Affordable Medicines
   2. Patenting Of Biotechnology, Plant Variety Protection And Traditional Knowledge
   3. Protection of Geographical Indications and Their Interrelationship with Trade Marks
   4. Enforcement of Industrial Property Rights and the Case of Trademark Counterfeiting
   5. Trade Mark and Internet Domain Name Disputes.
3. PROBLEMS OF INTERNATIONAL COPYRIGHT LAW
   1. Peer to Peer Distribution of content and Digital Rights Management.