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:
Weekly two-hour seminar.
Indicative/suggested reading: Townley, Article 81 EC and Public Policy (2009) Hart Publishing,Oxford.
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 optional seminar.
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.
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: Llewelyn, Invisible Gold in Asia: Creating Wealth through Intellectual Property (Marshall Cavendish, 2010), available on Amazon.
The European Union has taken, and continues to take, significant measures designed to liberalise certain network-based sectors. In opening up those sectors to greater competition, the European Commission has delegated a wide range of regulatory powers to National Regulatory Authorities, who work closely with National Competition Authorities in order to achieve the optimum competitive balance most likely to be able to deliver consumer welfare. That balance is often very difficult to manage, especially the delicate matters of economic judgement that need to be made in relation to the legality of particular practices and the strategically important political initiatives that are undertaken in the affected sectors which can distort the competitive process between Member States.
The module takes an inter-disciplinary approach in exploring how the balance between law and economics on the one hand, and ex post and ex ante rules on the other, is struck, both at the theoretical level and in its practical application across key sectors. You explore legal, economic and public policy principles that affect regulated sectors, and examine the application of those principles to specific sectors such as electronic communications, media, air transport and energy (gas and electricity). Specialist subjects such as financial services, water and postal services are also often considered by guest lecturers.
Recent Article 102 TFEU case-law is particularly relevant here, as are a range of Sector Enquiries that have been conducted by the European Commission (often reflected in public consultations run at Member State level). Moreover, a growing body of administrative practice in the field of merger control explores how behavioural remedies can be applied in connection with mergers in the affected sectors, and the appropriate regulatory institutions that can best assure their proper implementation.
The object of the module is to prepare students for the sorts of issues likely to arise in their home jurisdictions and at Community level in these areas. Most importantly, there will be an emphasis on the evolutionary aspects of policymaking and competition law enforcement in these sectors, given the varying ownership structures and rules in different jurisdictions. As this is an advanced module, previous knowledge of the subject would be preferred, but is not required.
The module is taught through lectures, primarily by leading practitioners specialising in the applications of competition law and regulation to particular sectors. The lectures are supplemented by specialist seminars delivered by economists and regulators, each of whom provides an alternative perspective on the problems already covered in the lectures. You are encouraged to actively engage with the issues being addressed. At least one Moot Court will be held on a topic of interest.
A three-hour written examination will be set. You will be able to answer by focusing on two specific areas of regulation, for example energy or communications regulation (although if students prefer to discuss more areas they can).
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).
This module discusses copyright law and policy and its role in the protection of intellectual property rights in modern society. It analyses the law in relation to a range of subject matter including films, literary, artistic, dramatic and musical works. There is a consideration of key issues including the criteria for protection, ownership, the duration of copyright and the nature of the rights involved. There will also be an emphasis on issues of importance in professional legal practice, in particular, infringement (together with defences) and the remedies available for the enforcement of rights.
The module also analyses the legal regimes available for the protection of designs, especially as they impact on the business and artistic communities, including the acquisition of registered design protection in the United Kingdom and the European Community and the law relating to unregistered design rights.
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.
Indicative/suggested reading: Neils, Jenkins and Kavanagh
Economics for Competition Lawyers (Oxford University Press 2011).
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.
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).
EU public procurement law has emerged as a major area of practice for EU lawyers, bolstered by the increased use of PFI contracts, the introduction of new enforcement procedures in 2009 and a growing volume of cases before the European and Member State courts. This module offers a comprehensive grounding in the EU regime. It covers:
No previous knowledge of the subject is required.
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.
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.
The EU constitutes an important and complex level of governance that requires its own constitutional arrangements. This module looks at the very political and legal nature of the EU, which is neither a State nor an international organization, and traces the political and legal development of the EU. It studies the EU institutions, the processes through which they develop policies and make law, and the principles which govern such law-making. The module further analyses the nature of the EU’s competencies, and the relationship between EU law and the domestic laws of the Member States.
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).
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?
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.
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.
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.
To be confirmed soon.
(Previously Copyright & Designs, Trademarks & Brands and Technology & IP Law)
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.
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.
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.
The module provides students with the knowledge, ability and skills necessary to assess and critically analyse contemporary issues in human rights law, as well to make use of international human rights law effectively in practical applications. The first part of the module provides a comprehensive overview of the distinguishing features of the international human rights system and of the global and regional mechanisms for enforcement. In the second part, the focus shifts to the in-depth analysis of selected rights and contemporary ‘hot topics’, including the role of human rights in the context of counter-terrorism, military action and immigration control operations.
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’  European Human Rights Law Review 6.
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.
This module is offered in conjunction with the War Studies Department.
There are a limited number of places available on this module. These are shared between students from The Dickson Poon School of Law and the War Studies Department.
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.
The EU is based on the rule of law and the European integration process has been characterized as ‘integration through law’. At the heart of the EU legal system are the EU’s judicial institutions, in particular the Court of Justice. On the basis of a few EU Treaty provisions the Court has fashioned a comprehensive and dynamic system of judicial protection. This module studies that system by analysing its two essential components.
It first concentrates on the application and enforcement of EU law in the Member States. In that context the module analyses the concepts of direct effect and Member State liability; the preliminary rulings system; and enforcement actions by the Commission. The second component consists of judical review of EU acts, where you study both actions for annulment and the non-contractual liability of the EU. This module has a strong practical orientation, to make you familiar with the system of EU judicial protection, so as to enable you to use EU remedies in practice.
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.
Non-credit carrying module.
Details to be confirmed soon.
Non-credit carrying module.
Details to be confirmed soon.
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.
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.
This module is offered in conjunction with the War Studies Department.
There are a limited number of places available on this module. These are shared between students from The Dickson Poon Schol of Law and the War Studies Department.
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.
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 Europe security 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.
Anne Fairpo and Tom Wesel
Two-hour lecture, one-hour tutorial.
Indicative/suggested reading: Cornish, Llewelyn & Aplin: Intellectual Property (7th ed., 2010), ch 16.
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 Kingdomand 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.
Weekly two-hour seminars.
Indicative/suggested reading: OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, July 2010.
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.
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.
This module examines the US federal antitrust laws, the world's oldest sophisticated competition regime. You study the core antitrust provisions, chart the evolution of the law and examine the different factors which have led the law to its current provisions. The module introduces the laws, their objectives and the enforcement system prior to considering how they apply to horizontal and vertical agreements and unilateral conduct. 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.