You need to study full- or half-modules worth 180 credits.
Each module is worth 40 credits (with half modules worth 20 credits). You will need to select modules of your choice that adds up to 120 credits in total.
To achieve the additional 60 credits you need to choose between:
The modules listed below are those related specifically to the LLM in International Business Law pathway. The general Master of Laws entry lists all available LLM modules.
In the first and second semester you study your selection of taught modules (half and full). These are in most cases assessed in the third semester (May/June) by written examination, or in some cases the submission of an assessed essay.
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.
This module seeks to introduce you to the principles of English banking law, and to consider those principles in the light of modern banking practice, with particular emphasis on the impact of new technologies on the development of banking law and practice. The following areas will be covered in the module: structure of banking in the UK; the bank-customer relationship, including mandate, countermand, duty of care, fiduciary aspects, confidentiality, termination, and dispute resolution; banks and undue influence; banks and fraud; the current account; special types of account; interest-bearing accounts; payment and payment systems, including the nature of payment, electronic funds transfer and electronic money; cheques and other payment instruments; payment cards, including cheque cards, credit cards, charge cards, debit cards, ATM cards and electronic purses; incidental services performed by banks; methods of bank finance, including overdrafts and loans.
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.
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.
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.
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.
This module is mainly concerned with the special problems that arise in litigation resulting from international business transactions. Its major theme is jurisdiction in all its aspects. More particularly the following topics are among those studied from the point of view of English, Commonwealth, American and, where relevant, European Union Law: judicial jurisdiction; obtaining evidence in trans-national business litigation; provisional remedies and procedural problems in such litigation; recognition and enforcement of judgments in commercial matters.
Weekly two-hour exam.
Indicative/suggested reading: Schwarz on Tax Treaties, 2nd Edition (CCH) by Jonathan Schwarz; Principles of International Taxation 3rd Edition (Bloomsbury Professional) by Angharad Miller and Lynne Oates.
Dr Emilia Onyema and Filippo Lorenzon
This module focuses on the analysis and interaction between four fundamental contracts in cross-border or international sale of goods transactions. These are the sales, carriage, payment and marine cargo insurance contracts with related issues such as harmonisation and conflict of laws, from an international perspective. The module analyses the application of relevant international legal processes, instruments and principles that directly affect the conclusion and performance of these contracts and their interaction in the cross border sale of goods between private parties. It is important to note at the outset that in such transactions, issues of delict or tort may also be implicated, in for example claims based on negligence, but these are not examined on this course.
The ITL module examines the private law aspects of international trade. It does not deal with issues relating to WTO, import/export tariffs and licenses, customs and FTA areas. These public law issues are examined and taught in the WTO course. We are here interested in the commercial issues that arise between the contracting parties themselves. Do remember that the public law issues mentioned above also affect the contracting parties but those are outside the remit of this course. So what sort of issues are we going to be studying? We shall examine the various contracts parties involved in the international sale of goods may conclude and these are principally:
- The sales contract: this is the primary or principal contract in which the parties agree on the essence of the transaction and certain aspects of the other four contracts. So the sale contract deals with the rights and obligations and remedies of the contracting parties regarding the goods for sale. We shall examine the UN Convention on the International Sale of Goods 1980 (CISG), Sales of Goods Act 1979 (with amendments) (SGA) and various trade terms through an analysis of the Incoterms 2010.
- The payment contract: this primarily involves a third party usually a financial institution which may be contractually bound only to one of the parties involved in the sales contract. The payment contract deals with payment for the goods covered in the sales contract. We shall examine various payment mechanisms and more particularly the letters of credit under the ICC Uniform Customs and Practice for Documentary Credits 2007 (UCP 600).
- The carriage contract: the international sales transaction is usually between parties in at least two different countries and so the goods will need to be delivered by one party to the other party and this may involve the use of various transportation methods in carrying the goods from one country to another country. This contract again may involve a third-party. We shall concentrate on carriage of goods by sea and examine the International Convention for the unification of certain rules of law relating to bills of lading Brussels 1924 as amended by the Protocol of Brussels 1968 (Hague Visby Rules) and the new UN Convention on the Carriage of Goods (wholly or partly) by Sea 2009 (Rotterdam Rules).
- The marine cargo insurance contract: parties will usually insure the goods so we will examine the basic concepts in marine cargo insurance primarily under English law based on the Marine Insurance Act 1906 and the Institute Cargo Clauses.
Anne Fairpo and Tom Wesel