You need to study full- or half-modules (see module list below) worth 180 credits.
You select 120 credits worth of taught modules from our extensive list of modules (tailored LLM option) or modules related to a specialist pathway (specialist LLM option).
For an additional 40 credits you either write a 15,000 word dissertation (40 credits), or a 7,500 word research essay (20 credits) and study a further half-module of your choice (20 credits). To assist with your research you attend a compulsory legal skills half-module (20 credits).
Weekly two-hour seminar.
Indicative/suggested reading: Townley, Article 81 EC and Public Policy (2009) Hart Publishing,Oxford.
Module description
Most lawyers and competition authorities agree that the sole goal of Articles 101 and 102 TFEU is, and should be, consumer welfare; yet, many EU Courtjudgments suggest that other public policy goals are also relevant. Reflecting Dr Townley's book on the subject, the module considers the arguments for and against the incorporation of public policy goals (and why this matters to the outcome of cases); the state of the existing case law; and how public policy goals should best be incorporated in Article 101 TFEU, if they are relevant there.
The module is taught through a series of two-hour seminars, given by Chris Townley. There is a high degree of student participation in the classes. The module outline provides an array of references for further reading as well as sample questions for us all to ponder before each class. Students can also submit two essays which Chris will mark, grade and return with comments on how they might be improved. This should prove particularly useful for those not used to being examined in the UK system.
It is vital that students read in depth and understand the text and cases set as part of the seminar reading. This is an advanced competition law module, which is ideal for anyone with a good knowledge of European competition law, or those who plan to take one of the other competition law modules during their LLM, please see below for links to these modules.
A 2-hour examination will be set, requiring the student to answer 2 questions. The examination is closed-book. There will be ample opportunity to answer exam-style questions throughout the course.
Non-credit carrying module.
Details to be confirmed soon.
Mixture of two-hour lectures and seminars.
Indicative/suggested reading: Ellinger, Lomnicka and Hare, Ellinger's Modern Banking Law (5th ed, 2011), Chs 1 and 3.
Two-hour lecture.
Indicative/suggested reading: Llewelyn, Invisible Gold in Asia: Creating Wealth through Intellectual Property (Marshall Cavendish, 2010), available on Amazon.
Two-hour lecture plus small group classes.
Indicative/suggested reading: Aplin, T and J Davis, Intellectual Property Law: Text, Cases and Materials (OUP, 2009) and Cornish, Llewelyn & Aplin, Intellectual Property: Patents Copyright and Allied Rights (7th ed., Sweet & Maxwell, 2010).
Two-hour seminar.
Indicative/suggested reading: Kraakman et al, The Anatomy of Corporate Law: A Comparative and Functional Approach (OUP 2009). See also, The UK Corporate Governance Code (June 2010) published by the Financial Reporting Council.
Module description
This module examines core Company Law and the regulatory framework and practice on corporate governance – the system (structure and process) by which companies are governed (i.e. directed and controlled), and to what purpose (i.e. what overriding value is promoted). Although some commentators allude to convergence in corporate governance, no global corporate governance model exists as yet. Companies operate primarily within boundaries prescribed by national laws and regulations whilst also ensuring that they are compliant with applicable extra-territorial norms. Consequently, a key objective of this course is to examine UK corporate governance regulation, as the primary model, against the background of other models that exist internationally.
Topics included are: the nature of corporate governance and foundational concepts such as corporate personality and limited shareholder liability; veil impairment and the constitutional ‘law’ of the company, directors’ duties; shareholder protection; effective board leadership; remuneration control; and shareholder engagement.
Two-hour lecture.
Indicative/suggested reading: Neils, Jenkins and Kavanagh
Economics for Competition Lawyers (Oxford University Press 2011).
Three hour exam.
Module description
The overall aim is to ensure that students have an appreciation of the underlying economics employed in anti-trust cases. The emphasis is on the practical application of economics rather than pure theory. On completing the module, you should have an understanding of the economics used in anti-trust case analysis and be aware of both the strengths and weaknesses in its application both theoretically and empirically. A key aim is that you will have an understanding of the economic tools used by anti-trust economists and to be able to engage in a dialogue with these economists.
No previous knowledge of economics is required. Whilst much of the technical economic literature is mathematical, the module will not require an advanced knowledge of mathematics. The approach to formal theory will, as far as possible, be diagrammatical.
Given the extent of the material that needs to be covered, the bulk of the lectures are devoted to formal teaching, however the style will be both informal and interactive, questions are encouraged. The economics will be illustrated by reference to actual cases. By its nature the module proceeds by considering a series of building blocks which together make up the toolkit typically used by economists in anti-trust cases. The slides presented in each seminar will be posted in advance on KEATS (Moodle). In addition, a discussion forum will be set up so that students can ask questions (anonymously if preferred) which will be answered prior to the next seminar and posted on KEATS.
Two-hour seminar.
Indicative/suggested reading: H. Hofmann, A. Türk, ‘The Development of Integrated Administration in the EU and its Consequences’, 2007 13(2) European Law Journal 253-271.
Module description
EU administrative law has always been an integral part of the law of the European Union, but has only recently attracted greater attention by academics. Its significance is not only demonstrated by the large number of acts which are adopted every year in this area at European level (some 3,000), but also by the content of those acts (risk regulation through the approval of the release of genetically modified organisms and approval of medicinal products, market regulation through antitrust decisions imposing considerable fines on undertakings, etc). EU administrative law also involves a wide variety of actors (European Commission, national administrations, EU agencies, networks, private bodies) and forms (traditional legal instruments, but also a wide range of ‘soft’ law).
The aim of this module is to introduce you to the principles of administrative law and policy of the European Union. The module discusses the foundations of EU administrative law, its constitutional framework, its modes of delivery (comitology, agencies, open method of co-ordination, social partner agreements), its procedures (centralised and decentralised), the general principles of law which it has to observe (legal certainty and legitimate expectations, equality, proportionality, the precautionary principle, transparency), and the supervision of EU administrative action (political supervision and judicial review).
Two-hour seminar.
Indicative/suggested reading: P Eeckhout, EU External Relations Law, 2nd ed (OUP 2011).
The module is taught in weekly two-hour seminars.
There will be reading each week from leading authors Sue Arrowsmith and Peter Trepte, as well as variety of journal articles, particularly those published in the Public Procurement Law Review. In addition, reading will include ECJ and UK case law and European Commission guidance.
Two-hour exam.
No previous knowledge of the subject is required.
Students may also find the following competition modules on the LLM of interest:
Advanced Antitrust: The Objectives of Article 101 TFEU
Competition, Intellectual Property & the Media Industry
Competition Law & Regulated Network Industries
Economics of Competition Law
European Union Competition Law
EU State Aid & State Regulation Law
Regulation & Governance
UK Competition Law
US Antitrust Law
Module description
The EU regulation of public undertakings and EU state aid law are increasingly important parts of EU competition law. The case law at national and European levels is growing in both number and importance, particularly of late. The reasons for this increasing focus on public intervention in the economy are numerous and varied but they primarily relate to the impact of such intervention on the completion of the internal market and the current liberalization and privatisation processes. The module focuses on the relevant provisions of the Treaty, most notably Articles 86, 87 and 88; analysing them (and the resulting case law/ decisions) through various legal, political and economic prisms. For more details please see the module outline at the bottom of this page. No previous knowledge of the subject is required.
The module is taught in seminars; you are encouraged to actively engage with the issues being addressed.
There is a three-hour examination at the end of the year. Examples of recent examination papers will be available on the King’s School of Law Intranet.
You may also find the following competition modules on the LLM of interest:
Advanced Antitrust: The Objectives of Article 101 TFEU
Competition, Intellectual Property & the Media Industry
Competition Law & Regulated Network Industries
Economics of Competition Law
EU Public Procurement Law
European Union Competition Law
Regulation & Governance
UK Competition Law
US Antitrust Law
Two-hour seminar.
Indicative/suggested reading: A Cahn and D Donald, Comparative Company Law (Cambridge University Press, 2010); R Kraakman et al., The Anatomy of Corporate Law (Oxford University Press, 2nd. ed. 2009); M Andenas and F Wooldridge, European Comparative Company Law (Cambridge University Press, 2009).
Module description
The aim of the module is to contribute to the understanding of domestic and European company law. It comprises an analysis of legislative measures of EU law, a comparative analysis of domestic laws and an evaluation of economic theory relating to company law and financial market regulation. The first part of the module will (very briefly) give an overview of basic principles of EU law, in particular the law making process, the nature and effect of the different legal instruments, and the functioning of the internal market. At a later point, an in-depth analysis of the right of establishment and the free movement of companies will be conducted.
The remainder of the module will assess the degree of harmonisation achieved on the national level, taking into consideration the directives, regulations, conventions and other instruments of harmonisation which provide the core of EU company law and securities regulation. It will also compare the strategies developed by the national laws in dealing with certain policy issues common to all legal systems (e.g., capital adequacy, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, corporate finance, market integrity and transparency). The comparative analysis will encompass English, and German law, as well as the law of the United States.
Two-hour seminar.
Indicative/suggested reading: Craig and de Búrca, EU Law, 5th ed (OUP 2011).
Two-hour seminar.
Indicative/suggested reading: Mark W. Janis, Richard S. Kay and Anthony W. Bradley, European Human Rights Law, Text and Materials, 3rd ed. (OUP, 2008), and Francis G. Jacobs, The Sovereignty of Law, The European Way, (Cambridge, 2007).
Module description
This module focuses on the interaction between the EU, the EHCR and the national systems of human rights in Europe. While the success of human rights was evident in the last 50 years, new questions arise as to the possibility of institutional and substantive conflicts of human rights; is there an ultimate authority on matters of rights in Europe? Do we have a set of standards or are we still searching for the most appropriate balance between human rights and other interests?
Module description
European Labour Law is divided into six parts.
Part One examines the historical development and evolution of European Labour Law, as well as its economic and social purposes.
Part Two examines the wider international human rights context within which European Labour Law operates, including in particular the legal instruments of the International Labour Organisation (ILO) and the Council of Europe.
Part Three examines the institutional competences and framework for the making of European Labour Law, and examines the role of the Court of Justice of the European Union in the development of the discipline. Consideration is also given to different ways of developing standards at EU level, by way of regulatory legislation and collective bargaining.Thereafter, European Labour Law examines selected areas of substantive law dealing with worker protection.
In Part Four these include areas dealing with the position of so-called atypical workers (agency, fixed term and part time workers); working conditions (including working time and the protection of posted workers); and job security (including transfer of undertakings, redundancy and insolvency).
In Part Five the focus turns to collective matters and the duty of the employer to inform and consult, including European Works Councils.
Part Six deals with recent judicial decisions relating to trade union rights and considers their implications for European Labour Law as a whole.
In addition to the foregoing, time will be devoted to assessing future prospects in light of the current crisis in the Eurozone. Parts One – Three are dealt with in Semester One, while parts Four – Six are dealt with in Semester Two. Two – four classes are devoted to each part.
Weekly two-hour seminar with Richard Whish; fortnightly two-hour small-group tutorial with David Bailey.
Indicative/suggested reading: Whish and Bailey Competition Law, 7th edition, OUP.
Module description
The aim of the module is to teach the basic provisions of EU competition law; to study the law in its economic and market context; and to consider particular business phenomena - distribution agreements, licences of intellectual property rights, cartels, joint ventures etc. - against the backdrop of the EU Treaty generally and Articles 101 and 102 and the EU Merger Regulation in particular. No previous knowledge of the subject is required.
Throughout the academic year there will be a series of tutorials, given by David Bailey, which follow the course of seminars given by Richard Whish. The tutorials are intended to assist your understanding of the subject in general and its practical application to problem questions in particular. A separate tutorials handout will be provided.
The teachers of this module expect a high degree of participation by all students. It is not intended, in general, to provide lectures except where, for particular reasons, it may be helpful to do so. At each seminar, discussion will be encouraged and expected. You are required to have prepared answers to the questions asked at the end of each seminar handout.
Two-hour lecture per week taught in seminar style.
Indicative/suggested reading: Dalhuisen on Transnational Commercial Financial and Trade Law, 4th Ed. Vol. III.
Module description
This is the foundation module in financial risk and financial regulation. It explains what modern commercial banks and investment banks do, what products and services they develop and offer (now usually at the international level), what risks they take, what the legal and regulatory concerns are in terms of their operations, risk management and client protection, and how modern law and regulation attempt to deal with these matters.
The further subject is the operation of the modern financial markets in bonds, equities and derivatives, the manner in which these investments are now issued, traded and held; the trading, custody, clearing and settlement of these financial products; and the modern legal frameworks that operate in this connection and the regulatory principles that apply.
Finally the principle issues and concerns in investment management will be discussed as well as the regulatory regime concerning this activity.
This is module is practical as well as conceptual. You do not need prior knowledge in the field of modern finance.
Two-hour lecture.
Indicative/suggested reading: Ricketson and Ginsburg, International Copyright and Neighbouring Rights: The Berne Convention and Beyond 2nd ed (OUP, 2005).
Module description
This module is designed to provide an international and comparative study of copyright and authors’ rights. The international Conventions (in particular the Berne Convention and TRIPs) will be examined together with the major features of copyright laws in the leading copyright systems (UK, France and the United States).
The module also has regard to special matters of contemporary interest: for example, moral rights, cable and satellite broadcasting, peer-to-peer file-sharing, software and databases. Although it would be desirable to have a prior knowledge of copyright law, it is not essential.
Two-hour weekly lecture, one-hour tutorials from week 4/5.
Indicative/suggested reading: There is no textbook for this subject and materials will be posted online as required. Chapters 1, 2 and (particularly) 16 of Cornish, Llewelyn & Aplin Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights (7th edition, 2010) are useful background reading.
Module description
An historical, economic and comparative examination of the common law and civil law concepts of trademarks, passing off and unfair competition, with particular reference to the UK and commonwealth jurisdictions; the USA; Canada; France and Germany; by looking at the international trade mark regimes and the role and influence of relevant conventions, agreements, protocols and treaties.
Module description
This module, which was introduced by David Hayton and Paul Matthews in 1995, was the first of its kind in the world and deals with trusts in the international context. Reflecting on King's strong reputation in trust and comparative law, it examines the extremes to which trust principles may be pressed in the offshore world, as well as conflicts of laws issues. The module considers how three trust jurisdictions deal with selected aspects of trust law and what trust-like arrangements exist in non-trust countries. You are not required to have studied trust law formally in your first degree but will be assumed to understand trust law at the ordinary undergraduate level, or to be prepared to reach this level during the year. Students from civil law systems can – and do – take this module.
Two-hour seminar.
Indicative/suggested reading: Recommended textbook is Newcombe & Paradell Law and Practice of Investment Treaties. Standards of Treatment (Kluwer 2009).
Indicative/suggested reading:
E. Benvenisti, The Law of Occupation (2004).
G. Best, Humanity in Warfare (1983).
E. Crawford, The Treatment of Combatants and Insurgents under the Law of Armed Conflict (2010).
Y. Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (2010, 2nd ed.).
D. Fleck, Handbook of International Humanitarian Law (2008, 2nd ed.).
J. Gardam, Necessity, Proportionality and the Use of Force by States (2004).
C. Gray, International Law and the Use of Force (2008, 3rd ed.).
C. Greenwood, Essays on War in International Law (2005).
S. C. Neff, War and the Law of Nations: A General History (2006).
A. Roberts, ‘What is a Military Occupation?’ 1984 British Year Book of International Law 249.
A. Roberts and R Guelff, Documents on the Laws of War (2000, 3rd ed.).
A. P. Rogers, Law on the Battlefield (2nd ed., 2004).
M. Roscini, ‘The UN Security Council and the Enforcement of International Humanitarian Law’, 43 Israel Law Review (2010), 330-359.
M. Roscini, ‘Threats of Armed Force and Contemporary International Law’, 54 Netherlands International Law Review (2007), 229-277.
G. D. Solis, The Law of Armed Conflict (2010).
N. Stürchler, The Threat of Force in International Law (2007).
UK MoD, Manual of the Law of Armed Conflict (2005).
G. Verdirame ‘The Sinews of Peace: International Law, Strategy and the Prevention of War’, 78 British Year Book of International Law (2006) 83-162.
G. Verdirame (ed.) ‘Special Issue: Human Rights in War’ [2008] European Human Rights Law Review 6.
Module description
This module will cover both international law on the use of force (jus ad bellum) and international law governing the conduct of warfare (jus in bello). The jus ad bellum part will begin with an anlaysis of the prohibition on the use of force in Article 2 (4) of the United Nations Charter and will then proceed to examine the exceptions to the prohibition: those codified in the UN Charter (self-defence, collective security) and those which are not (e.g., humanitarian intervention).
We will review and assess the basic jus ad bellum doctrines, while also examining various armed conflicts in relation to which these doctrines have been applied and shaped. Throughout the module, you will be invited to think about jus ad bellum as a contested field in which different actors – legal advisers to foreign offices, military lawyers, international lawyers working for NGOs, legal scholars, activists and others –play a part.
In the jus in bello part of the course, you will become familiar with the relevant customary and treaty law, and engage in a critical analysis of judicial decisions and state practice. The issues that will be addressed include: the distinction between international and non-international armed conflict; the protection of civilians; the law of weaponry and the conduct of hostilities; the relationship between international human rights law and the jus in bello; the law of occupations; and questions of enforcement and implementation.
Throughout the course, current debates on the changing nature of warfare, with a focus on the extent to which they have informed the practice of state and non-state actors, will be considered.
Two-hour exam.
Module description
This is an advanced module which considers the evolving role of labour law in times of austerity. At the present time, many workers in the public and private sectors find that they are losing their jobs or that their working conditions are being diminished. It is claimed that this is an inevitable consequence of what are also said to be necessary cuts in public spending and the consequences of the global financial difficulties. This module examines the legal protections available to workers in an age of austerity and invites students to think creatively about how these protections can be used and developed as creative tools of better protection.
The module is divided into three parts, with three to four classes being devoted to each part.
Part One provides historical context to the age of austerity and an understanding of contemporary problems. It examines the role of labour law in previous economic crises, and considers the origins, nature and problems created by the current crisis.
Part Two looks at the implications of the age of austerity for workers' rights and considers how developing principles of the contract of employment, equality legislation, and job security legislation (such as that relating to collective redundancy) can be used to protect workers from cuts. This will be done in the context of contemporary disputes where the law is being used by both sides, in the case of employers to implement and in case of workers to resist change.
Part Three is concerned with the role of trade unions when faced with job losses for their members and a deterioration in terms and conditions of employment. Here we examine the implications of legal restraints on trade union freedom (again in the context of contemporary disputes), but also consider whether there are legal devices available to trade unions which so far are being under-utilised. Consideration is also given to the question of litigation as a trade union strategy for dealing with austerity, including litigation not only in the domestic courts but in international forums as well, including the ILO and the Council of Europe.
Two-hour seminar.
Indicative/suggested reading: Roger Brownsword and Morag Goodwin, Law and the Technologies of the Twenty-First Century (Cambridge University Press, 2012).
Module description
This unique module considers a range of issues concerning the relationship between law and the rapidly emerging technologies (biotechnology, ICT, nanotechnology, neurotechnology, etc.) of the Twenty-First Century. On the one hand, technology is a challenging regulatory target, presenting difficult questions with regard to the legitimacy of regulation, its effectiveness and its optimal design. On the other hand, modern technologies (such as DNA profiling and CCTV) have considerable attraction as regulatory tools. In a dynamic and technologically transformed global context, what are the prospects for law? The module will be in three main parts as follows: I Generic Regulatory Issues; II Regulating Emerging Technologies; and III Emerging Technologies as Regulatory Tools.
The core reading for the module will be Roger Brownsword and Morag Goodwin, Law and the Technologies of the Twenty-First Century (Cambridge University Press, 2012); Roger Brownsword, Rights, Regulation and the Technological Revolution (Oxford University Press, 2008); and Roger Brownsword and Karen Yeung (eds), Regulating Technologies (Hart, 2008).
Two-hour lecture per week + small group seminars.
Indicative/suggested reading: TENNEKOON – LAW and REGULATION OF INTERNATIONAL FINANCE.
Module description
This module is intended to be taken only in conjunction with International Finance 1 and will be taught as an adjunct half module covering in detail two major international banking transactions in the markets as its centrepiece. It will first examine the legal structures used in the financing of very large scale projects (some well over several billion dollars in value) in such areas as gas and oil exploration, infrastructure projects such as airports, harbours and mass transit railway systems. It will secondly cover the vast market in loan sales and trading including distressed debt.
This module will enable those interested in pursuing a career in the transnational banking world to explore in depth the legal issues that arise in relation to large scale projects in emerging markets and will also cover the legal instruments used to cover political risk in such emerging markets. The orientation of the module will be strongly towards students intending to practise in this field. The module will be taught in the second semester after you have obtained a grounding in International Finance 1.
Two-hour exam.
Module description
This module is intended to be taken only in conjunction with International Finance 1 and will be taught as an adjunct half-module. It will be useful if you are interested in a career as a lawyer in global investment banking in the financial markets and will seek to provide in depth coverage of the law and legal issues in derivatives and credit derivatives the most modern and complex of financial transactions which have seen an explosive growth in the past few years – estimated to be 200 trillion dollars by the Economist. It will also cover asset securitisations including loan securitisations as well as synthetic structures using credit derivatives. The orientation of the module will be strongly towards the students wishing to practise in this field. The module will be taught in the second semester after you have obtained a grounding in International Finance 1.
Two-hour seminar.
Indicative/suggested reading: Gullifer and Payne, Corporate Finance Law: Principles and Policy (Hart: 2011).
Module description
This module focuses on the two main sources of corporate finance. It deals with equity financing – the law that regulates its raising, maintenance and pay–outs from the corporate treasury, and with debt financing – forms of debt finance and security interests. The corporate form makes the subject of debt finance distinctive to companies at two levels and these are explored ((i) at the level of corporate governance; and (ii) security (the floating charge)).
The module practically examines typical corporate finance transactions: corporate restructuring involving debt-equity swaps and the equity and debt aspects of private equity transactions. These provide a fascinating context in which to apply the law on equity and debt in an integrated fashion and to examine key issues in acquisition finance such as types of finance, capital structure, and legal documentation issues as they pertain to equity and debt, and ranking of finance.
Two-hour lecture.
Indicative/suggested reading: Aplin & Davis, Intellectual Property Law: Text, Cases and Materials (Oxford; OUP, 2009); D. Passman, All You Need to Know About The Music Business (London: Penguin, 2011, 7th UK ed).
Module description
This module introduces you to the legal framework in which the music industry operates, in particular the legal scheme that commodifies musical creations, transforming communication and action into rights and properties. It considers how intellectual property (specifically copyright) is generated, assigned, and enforced; how the problems faced by the music industry (such as piracy) have sought to be solved; and whether the existing legal arrangements operate adequately in today’s commercial and technological environments.
Non-credit carrying module.
Details to be confirmed soon.
Two-hour seminar.
Indicative/suggested reading:
S. Besson, J. Tasioulas (eds.), The Philosophy of International Law (2010).
G. Reichberg, H. Syse, E. Begby (eds.), The Ethics of War (2006).
R. Tuck, The Rights of War and Peace (2000).
N. Malcolm, Aspects of Hobbes (2003).
Brian Tierney, The Idea of Natural Rights (1997).
Machiavelli The Prince, Chs 5, 9, 10, 15-19, 25-26; Discourses, Book I: Chs 1, 2, 5, 7, 11-14, 16, 27; Book II: Chs 1-2; Book III: 40-41, 47.
Bodin, On Sovereignty, Book I, Chapter 8.
Hobbes, Leviathan,Chs. 13, 14, 15, 17, 18, 21, 29, 30.
Grotius, De Jure Belli ac Pacis (The Law of War and Peace), Prolegomena; Book I Chs. 1; 3; and 4; Book III, 8.
Rousseau, The Second Discourse; The Social Contract (Books I and II); State of War.
Kant, On the Common Saying: “This May be True in Theory, but It Does Not Apply in Practice”; Idea for a Universal History with a Cosmopolitan Purpose; Perpetual Peace: A Philosophical Sketch; Metaphysics of Morals (1797) Theory of Right, Part II.
Hegel Elements of Philosophy of Right, paras. 321-34.
H. Kelsen, General Theory of Law and the State (Wedberg trans., 1946).
C. Schmitt, Political Theology: Four Chapters on the Concept of Sovereignty.
HLA Hart, Concept of Law (1961) Chapter X.
J. Rawls, The Law of Peoples (1999).
Module description
This module offers you the opportunity to read, or re-read, key texts from classics in Western political thought that have shaped thinking about the international order. It does not purport to give an exhaustive overview of the subject, but rather to examine ideas and arguments about such issues as the nature of the state, the concept of sovereignty, the problem of peace, and international organisation, in analytical and philosophical depth. Works from (among others) Machiavelli, Bodin, Grotius, Hobbes, Rousseau, Kant and Hegel will form part of the course.
The module is particularly suited to those interested in normative argument about international law and international relations who feel their knowledge of the classics of political thought is rather limited. Neither a background in international law nor one in legal and political philosophy is required; a great deal of curiosity and some measure of patience will however assist you in an intellectual journey that is fascinating but also challenging.
Module description
The module concerns the impact of information technologies on the private lives of individuals. The digitisation of information has brought about a multitude of data harvesting and processing technologies that now operate on a global scale. Information processing has become essential not just to finance and commerce, but also to advances in public health, education, crime prevention and economic growth.
In this module, you will study the legal concepts and rules that are used to determine the limits of personal autonomy and consent in the new world of 'big data'. It will focus on rights to privacy and confidentiality as well as countervailing rights and interests in freedom of speech, public order and security and collective well being. We will also examine laws that enable individual access to personal information, such as freedom of information law, and other means of controlling personal information. The module will focus on European legal standards, including their implementation in member states and states outside the European Union, as well as comparison with alternative legal models and concepts, such as those prevailing in the United States and China.
Module description
Regulation and governance is of central importance to the emerging shape of the 21st century state. More than two decades of market liberalisation, the search for enhanced economic efficiency and productivity and the associated 'shrinking of the state' have been followed by a more recent renewal of calls to infuse policymaking with a greater dimension of 'social inclusion'.
Regulation, broadly conceived of as purposive efforts to shape social outcomes through intentional direction of social and individual action through standard-setting, monitoring and behaviour modification, has become the prototypical technique for promoting efficiency while safeguarding other shared social and ethical values such as public safety, fairness, cultural diversity and respect for human dignity. Increasing reliance on private and other non-state actors to engage in regulatory activities is often denoted by a shift in favour of 'governance' regimes and systems, rather than through 'government' intervention by a state authority. High quality regulatory and governance regimes are now acknowledged as essential for the effective functioning and legitimacy of public, private and voluntary sector activities at the local, national and global level.
This module is aimed at providing you with a set of general analytical tools, theories and concepts for understanding and critically evaluating regulatory and governance regimes, which may be applied to any domain of social activity, in any jurisdiction. It explores a broad range of conceptual issues and debates that occur within regulatory scholarship and may be easily applied to a wide array of sectors as it will come into light with the study of different theories and positions from different authors. This will enable you to apply those theories in practical matters of regulated sectors. Those conceptual issues are divided into five principal components.
First, we will begin by exploring debates about the nature of regulation, the regulatory state, and the role of law in the regulatory endeavour. Secondly, we examine competing theoretical frameworks that explain the relationship between law, regulation and the various social groups that are affected by regulation: these will include economic approaches, political approaches and what may loosely be described as 'institutionalist' approaches. Thirdly, we will explore different techniques and instruments of regulation, ranging from classical 'command-and-control' regulation through to instruments which rely primarily on other competition, consensus, communication or 'code' (architecture) as the means for regulating social behaviour. Fourthly, we will consider how different enforcement methods and compliance styles operate as an important facet of how regulation works in the practice of regulation. Fifthly, we will consider the issues of legitimacy and accountability that are raised by the different regulatory rationales, techniques and compliance styles studied in the preceding seminars.
The final two seminars will provide concrete case studies from specific policy sectors to illustrate how the analytical constructs and academic debates identified in the preceding seminars play out in concrete contexts.
No previous knowledge of the subject is required. This module will be useful to students from a range of backgrounds, particularly those interested in public policy generally, or in the regulation of particular sectors, such as technology, banking, energy, healthcare and so forth. It encourages you to view the law in a fresh light, drawing upon insights from various social scientific perspectives (including politics, economics and criminology) in order to understand how the law helps to shape public policy outcomes and social behaviour more generally.
The module is taught in seminars in which emphasis is given to active student participation.
Two-hour seminar.
Indicative/suggested reading: Financial Service Law (2009, 2nd Ed OUP) eds, Blair, Walker and Purves.
Module description
This module considers the UK’s regime for the regulation of financial services activity, established under the Financial Services and Markets Act 2000 (FSMA 2000) - as amended by the Financial Services Bill 2012. This regime applies to all financial services firms operating in the UK(in particular, on the Londonfinancial market) and reflects the harmonising measures of the EU’s Financial Services Action Plan.
The module examines the key legal issues which arise under that regime. First, the regulatory institutions are examined, in particular, the new regulatory architecture introduced by the Financial Services Bill 2012 (in particular, the replacement of the UK’s single, integrated regulator (the Financial Services Authority, the FSA) with the Financial Conduct Authority (the FCA) and the Prudential Regulation Authority (the PRA). The wide scope of the regime, which covers investment business, banking and insurance, is also explored. The administrative and civil law framework within which the regime operates, as well as the full range of regulatory mechanisms available under it, are also considered.
Having taken this module, you may move on to a more detailed examination of the FSMA regime, in Regulation of Financial Services: Part 2.
Two-hour seminar.
Indicative/suggested reading: Financial Service Law (2009, 2nd Ed OUP) eds, Blair, Walker and Purves.
Module description
This module, which is taught in the second semester, may only be taken by students who have already taken Regulation of Financial Services: Part 1 and thus who have grounding in the FSMA 2000 regime.
The module begins with a more detailed consideration of some aspects of the regime, with seminars on the regulation of banking and insurance. It also examines the application of FSMA 2000 to “collective investment schemes”, both heavily regulated retail scheme such as unit trusts and open-ended investment companies (mutual funds, SICAVs) and “unregulated” schemes such as hedge funds.
Finally, it considers the market abuse regime (insider dealing and market manipulation) and the UK's provisions on anti-money laundering and counter-terrorist financing.
Two-hour seminar.
Indicative/suggested reading: Kouloridas, The Law and Economics of Takeovers (Hart: 2008); Maurice Button (Ed.), A Practitioner’s Guide to The City Code on Takeovers and Mergers 2011/12 (City and Financial Publishing).
Module description
Accountants, investment bankers and lawyers are the three professional advisors that play significant roles in mergers and acquisitions (M&A transactions), which are increasingly becoming established features of most advanced capitalist systems. This module is designed to introduce you to the law of acquisitions of companies.
The course considers the legal issues that arise in the conduct of M&A transactions in the UK, the largest and most advanced M&A market in Europe and historical source of a substantial part of M&A conduct norms in Europe. The module combines doctrine with practice by examining the strategic considerations relevant to financing, deal structure, deal protection, deal execution, and deal abortion as well as the applicable doctrine and its rationale. This module focuses on the routes by which outcomes (the takeover or merger) are structured and it provides a comprehensive examination of how the conduct of these transactions is regulated in the UK, especially in light of the implementation of the Takeovers Directive. It entails the exposition of the Takeover Code’s General Principles and Rules through cases decided by the Takeover Panel, in addition to relevant judicial authorities.
The study of this jurisprudence will be a major theme of the module, whilst providing a strong theoretical underpinning to the subject. Although the emphasis will be on regulation under Takeover Code (from which the European Directive draws many of its provisions) the module will also, in appropriate areas, consider different approaches to the subject under Federal and State regulation in the United States.
Indicative/suggested reading:
V. Mitsilegas EU Criminal Law (2009 Hart Publishing).
S. Peers EU Justice and Home Affairs Law 3rd Edition(2011 Oxford University Press).
C. Murphy EU Counter-Terrorism Law (2012 Hart Publishing).
N. Walker (ed) Europe’s Area of Freedom, Security & Justice (2004 Oxford University Press).
C. Eckes & T. Konstadinides (eds) Crime within the Area of Freedom, Security and Justice (2011 Cambridge University Press)
Module description
The European Union's growing role in criminal justice, public order and national security has recently been confirmed by the Lisbon Treaty and the Stockholm Programme. The EU is engaged in a wide range of policy initiatives in these related fields and is reshaping the Europesecurity landscape in the process.
This module examines the constitutional and institutional framework of EU justice & home affairs and the action taken by the EU in this field. It guides you through a critical examination of EU law and policy in the fields of criminal justice, counter-terrorism, immigration & asylum and policing & public order. In addition to examining the role of EU law in these fields the module also considers the relationships between the EU's internal and external activities, and between public agencies and the private sector, in security matters. Case studies will focus on the European Arrest Warrant, counter-terrorist finance, and the proposed European Public Prosecutor.
Indicative/suggested reading: Green P. and War, T. (2004) State Crime London:Pluto Press.
Module description
You explore the definition and nature of state crime in criminological and political discourse. The aim is for you to develop a critical understanding of the nature of the state: the scale and type of crimes committed by state agents and agencies; the definitional processes involved in states labelling acts as criminal and the forces which explain why and how states enter into deviant or ‘criminal’ practices and omissions; and the role of civil society as a force to expose, control and prevent state crime.
You explore a range of state crimes in both the domestic and international spheres. Terror, for example, while commonly deployed to describe acts of violence directed against states is more devastatingly deployed by states themselves against target populations. Other topics include genocide, torture, state-corporate crime, ‘natural’ disasters, political corruption, state crimes against asylum seekers, war crimes, terror as mode of ‘coercive governance’ Democratic and authoritarian regimes are considered within a continuum of state criminality.
Module description
Taxation is a key factor in business decisions, and how to raise tax from businesses without damaging the economy is a central element in all government’s policy.
In this module we will examine the taxation of businesses under UK income tax, corporation tax and capital gains tax. We will also consider, to a lesser extent, VAT, the UK interaction with foreign taxes, and stamp duty.
Although it is based around the UK tax system, the module deals with questions about the taxation of businesses that face all tax systems. Its object is to provide a solid grounding in the principles of the taxation of businesses, and the main rules will be studied in depth in the context of those principles.
The module co-ordinator is Professor Anne Redston. Anne is the consultant editor for Tolley’s Yellow Tax Handbook (“the Yellow Book”), and a practicing barrister.
Two-hour lecture.
Indicative/suggested reading: Aplin & Davis, Intellectual Property Law: Text, Cases and Materials (Oxford; OUP, 2009).
Module description
The aim of this module is to provide you with a detailed understanding of European and UK patent law and the UK law of confidential information (or trade secrets), with particular reference to new technologies, such as biotechnology and information and communication technologies. The key features of European andUKpatent law – registration, validity, infringement, exploitation and enforcement - will be examined, taking into account theoretical, policy and practical perspectives. The module will also cover recent developments to theUKlaw of confidence, both in relation to commercial information (trade secrets) and privacy. It is not essential to have a prior knowledge of patent law or trade secrets.
Module description
This module analyses the law and policy in respect of registered trademarks. There is a consideration of the registration system for trademarks both in the United Kingdom and the European Community. In this context, the module covers central issues such as the subject matter which can be registered, absolute and relative grounds for refusal of registration, revocation, infringement and defences. Additionally, the module considers legal regimes for the protection of unregistered marks, in particular, the action for passing off (with its constituent elements of goodwill, misrepresentation and damage).
An assessment will be made of the effectiveness of the law of trademarks, both from the point of view of the business and general community, as well as the rights of the proprietor of the trademark in terms of the exploitation and use of the mark.
Module description
Transfer pricing is the single biggest issue in international taxation for multinational business and tax administrations. The aim of this module is to critically and comprehensively analyse the legal issues pertaining to Transfer Pricing and is addressed to lawyers, accountants and tax policy-makers, whether in private practice, as in-house counsel, or government employees. The course takes a practical, transactional and multi-jurisdictional perspective and examines in depth the OECD Transfer Pricing Guidelines including the rules and Commentary of the OECD Model Tax Convention together with a detailed analysis of transfer pricing disputes and practice including the expanding body of case law.
Two-hour seminar.
Indicative/suggested reading: J. Dalhuisen, Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law, Volumes 1 and 2, Oxford: Hart Publishing, 4th ed 2010; RM Goode and E McKendrick, Goode on Commercial Law, London: Penguin Books, 4th edition 2010.
Two-hour seminar.
Indicative/suggested reading: R. Goode, Principles of Corporate Insolvency Law, London: Sweet & Maxwell, 4th Student ed., 2011; B. Adler, D. Baird & T. Jackson, Bankruptcy: Cases, Problems, and Materials, New York: Foundation Press, 4th ed., 2007; I. Fletcher, Insolvency in Private International Law, Oxford: OUP, 2nd ed. 2005.
Module description
In a world which is dominated by global trading and free movement of capital and investment it is very likely that insolvency proceedings will not be hermetically contained in a single jurisdiction. Large multinational companies will often conduct business via a multitude of subsidiaries and branches in a number of different jurisdictions worldwide. Thousands of shareholders and debt investors may be scattered around the world. Even small and medium sized companies may have had dealings with parties from other countries, or may own or have interests in property which is located in different jurisdictions. Liabilities may be owed to parties domiciled in a different country from that of the debtor; or the relevant obligations may be governed by foreign law; or may be due to be performed abroad. These situations give rise to complex issues in respect of conflict-of-laws as well as the substantive law of insolvency and reorganisation.
The module is set against this background. In the first part of the module important issues of substantive corporate insolvency law will be analysed on a functional and comparative basis, taking into account the laws of major Western economies (US, UK, Germany). Over the last decade the European jurisdictions under consideration have substantially reformed their insolvency laws (Germany in 1999, UK in 2002). Chapter 11 of the US Bankruptcy Code has in many respects influenced these reforms and facilitated the rise of the rescue culture in Europe. Accordingly, particular emphasis will be put on the law of corporate reorganisation inside as well as outside formal proceedings (workouts). Despite this remarkable trans-Atlantic convergence, substantial differences remain, not least resulting from the interaction of corporate insolvency law with other areas of law such as company law, contract law and property law. We will trace these differences and try to explain them in the light of their social and economic contexts.
In the second part, the module will focus on the national and international instruments dealing with the conflict-of-laws issues in transnational corporate insolvency and reorganisation: the European Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, it implementation in theUK and theUS, as well as Domestic Jurisdiction in theUnited States. The issues of jurisdiction, recognition of foreign proceedings, judicial cooperation in concurrent proceedings and the applicable law pursuant to these instruments will be studied, both from a theoretical and a practical perspective.
Weekly two-hour seminar with Richard Whish and/or David Bailey.
Indicative/suggested reading: Whish and Bailey Competition Law, seventh edition, published by Oxford University Press in 2012.
Module description
The purpose of this module is to consider competition law and policy in the UK. In particular, the module will examine the domestic prohibitions of anti-competitive agreements and abuse of dominance, respectively, which are closely modeled on the equivalent provisions contained in the EU Treaty. It will also examine distinct features of UK competition law, including public and private enforcement, market investigation references, the domestic merger control regime, super-complaints, and the criminal cartel offence under the Enterprise Act 2002. No previous knowledge of the subject is required.
The module is taught in weekly two-hour seminars. There may be occasional guest lectures given by other academics, officials from domestic competition authorities and/or those in private practice.
To get the most out of the module, one has to participate as much as possible. A high degree of participation by all students is highly desirable and is expected. At each seminar discussion will be encouraged and expected.
Students may be taken to a hearing at the Competition Appeal Tribunal, the High Court or the Court of Appeal during the academic year provided, of course, that such a trip is logistically possible.
Indicative/suggested reading:
Colin Turpin & Adam Tomkins, British Government and the Constitution.
Vernon Bogdanor, The New British Constitution.
Peter Hennessy, The Hidden Wiring: Unearthing the British Constitution.
Robert Blackburn & Andrew Kennon, Parliament.
Module description
The module considers the characteristics of the unwritten British constitution, such as parliamentary sovereignty and the importance of tradition and conventions, and the interpretation of theories about the constitution, such as separation of powers and representative and responsible government. Selected issues affecting the working of the political and constitutional system are studied, including the political influence of the monarchy, the dominance of a prime minister, the powers and effectiveness of each House of Parliament including their select committees, the integrity of the voting system and the asymmetry of devolved regional government. Throughout, you are encouraged to consult primary constitutional and parliamentary materials, and the works of the major constitutional writers.
Two-hour seminar.
Indicative/suggested reading:
Vernon Bogdanor, The Coalition and the Constitution.
Rodney Brazier, Constitutional Reform (3rd ed.).
Robert Blackburn & Raymond Plant (eds), Constitutional Reform.
Jeffrey Jowell & Dawn Oliver (eds), The Changing Constitution (7th ed.).
Module description
The political and constitutional structure of the UK has undergone major changes in the past two decades, and many further proposals have been made for reform and modernisation. This module begins with an analysis of the government's agenda and the policies of the political parties on constitutional reform, and their implications. Significant proposals from parliamentary committees, and independent think-tanks, will also be considered. Selected topics for the seminars will reflect current affairs, and may include the future of the House of Lords, promoting popular participation in politics, codifying central-local government relations, Scottish independence, a British Bill of Rights, and a written constitution for the UK. The process of constitutional reform will also be considered, with case studies.
Robert Hartley
Two-hour seminar.
Indicative/suggested reading: Lester and Mercurio, World Trade Law (Hart 2008).
A pdf download of entry requirements by region is available from the further information tab.
Part time applicants: please note that the Law School stipulates that part time students applying to a postgraduate Law programme are working for a minimum of 22 hours per week. This is deemed to be out of fairness to full time students. You will be asked to supply a letter from your employer on signed, headed paper stating that you work for at least 22 hours or more per week.
Please see the LLM FAQ's pdf document for further information on how to complete your application.
When I decided to undertake my LLM in the UK, King's immediately came up as my first option, not only because of its elevated position in universities rankings and worldwide prestige, but also due to its location. London is the perfect place for those who want to pursue an international career as it is dynamic and cosmopolitan; not to mention that it is the world's most important financial center, and hosts all the leading law firms, which allow us to learn from the major source, and have plenty options of work after graduation.
As soon as I got to the Strand campus I knew that I could not have made a better choice; the atmosphere is friendly, but at the same time serious, it exhales knowledge. The teachers are extremely qualified and committed, the students are very prepared, and the library is a must. The various departments and societies often promote seminars about a wide range of interesting subjects, as well as workshops with companies and law firms.
Studying at King's will give you the chance to make friends from all over the world; it means that you will not only learn about academic subjects but also about different cultures and traditions.
Moreover, King's offers a vast range of funding opportunities. I had the honor to be awarded with two scholarships, from the university and from Bank Santander, and it certainly enabled me to get the most out of my experience.
Finally, I will never forget my first class in King's, when one of my teachers cited Samuel Johnson: "When a man gets tired of London, he is tired of life". I think it summarizes everything!
When I decided to undertake my LLM in the UK, King's immediately came up as my first option, not only because of its elevated position in universities rankings and worldwide prestige, but also due to its location. London is the perfect place for those who want to pursue an international career as it is dynamic and cosmopolitan; not to mention that it is the world's most important financial center, and hosts all the leading law firms, which allow us to learn from the major source, and have plenty options of work after graduation.
As soon as I got to the Strand campus I knew that I could not have made a better choice; the atmosphere is friendly, but at the same time serious, it exhales knowledge. The teachers are extremely qualified and committed, the students are very prepared, and the library is a must. The various departments and societies often promote seminars about a wide range of interesting subjects, as well as workshops with companies and law firms.
Studying at King's will give you the chance to make friends from all over the world; it means that you will not only learn about academic subjects but also about different cultures and traditions.
Moreover, King's offers a vast range of funding opportunities. I had the honor to be awarded with two scholarships, from the university and from Bank Santander, and it certainly enabled me to get the most out of my experience.
Finally, I will never forget my first class in King's, when one of my teachers cited Samuel Johnson: "When a man gets tired of London, he is tired of life". I think it summarises everything!