Master of Laws
|LLM
|Part Time, Full Time
| Admissions status: OpenEach 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:
- Writing a 15,000 word dissertation;
- Writing a 7,500 word research essay related to a taught module and then study another half-module of your choice.
NB it cannot be guaranteed that all modules are offered in any particular academic year.
Module code: 7FFLA566
Credit level: 7
Credit value: 20 credits
Teaching pattern:
Weekly two-hour seminar.
Indicative/suggested reading: Townley, Article 81 EC and Public Policy (2009) Hart Publishing,Oxford.
Assessment: written examination/s
Two-hour exam.
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.
Credit level: 7
Non-credit carrying optional seminar.
Details to be confirmed soon.
Module code: 7FFLA004
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern:
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.
Assessment: written examination/s
Three-hour exam.
Module description
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.
Module code: 7FFLA555
Credit level: 7
Credit value: 20
Teaching pattern:
Two-hour lecture.
Indicative/suggested reading: Llewelyn, Invisible Gold in Asia: Creating Wealth through Intellectual Property (Marshall Cavendish, 2010), available on Amazon.
Assessment: written examination/s
Two-hour exam.
Module description
Today, intellectual property rights (IPR) are potentially valuable assets. You look at ownership, commercialisation and value protection through dispute resolution and the licensing of patents and know-how, trade marks and copyright, as well as hybrid areas such as merchandising. Covered are: introduction to IP law; patents; know-how and trade secrets; plant varieties; copyrights; trademarks; registered and unregistered designs; IP due diligence in M&A transactions; IT/IS; IP valuation and taking security over IP; the internet and IP; antitrust and IP; protecting value.
Module code: 7FFLA593
Credit level: 7
Credit value: 20
Teaching pattern: Weekly two-hour lectures. You are expected to prepare for the lectures in advance and participate actively through discussion and questions. In addition to interactive lectures, there will be three seminars that focus on dealing with complex practical problems in cartel investigations, private enforcement and arbitration.
Assessment: written examination/s
Two-hour open book exam.
Module description
Competition enforcement is an ever-developing and intellectually challenging area. The way in which the law is enforced is crucial to the understanding of how competition policy develops. In practice, no competition lawyer can afford to ignore the dynamics of competition enforcement and its procedural dimension.
In the European Union, enforcement by the European Commission and national competition authorities (public enforcement) changed significantly in 2004 with the so-called “modernisation” of EU competition law. Furthermore, competition enforcement has moved away from a purely administrative model: alongside public enforcement, private enforcement is now a major feature of the system and in some Member States, including the United Kingdom, certain competition infringements are also a criminal offence. In addition, competition enforcement has a global dimension. Public enforcement, which may also include criminal enforcement, and private litigation often involve more than one jurisdiction and, in the major cases, non-EU jurisdictions such as, for example, the United States will almost invariably be relevant. New strategies are needed to deal with the interaction of public and private enforcement in a multi-jurisdictional environment.
The aim of this module is to give you the knowledge and the analytical tools necessary to understand the dynamics of public and private enforcement in the European Union and in the global context, to deal with the complex procedural problems that arise in practice, and to form your own view on the policies and enforcement models involved.
The module is taught by weekly two-hour lectures. You are expected to prepare for the lectures in advance and participate actively through discussion and questions. In addition to interactive lectures, there will be three seminars that focus on dealing with complex practical problems in cartel investigations, private enforcement and arbitration.
No prior knowledge of the subject is required although it is expected that students taking this module will do so alongside one or more substantive law courses offered on the LLM in Competition Law.
The module is assessed by a two-hour open book exam at the end of the year. You will receive one piece of individual written feedback on an exam-style question during the course of the module. A revision class will be given before the exam.
Module code: 7FFLA007
Credit level: 7
Credit value: 40
Semester: Full-year
Assessment: written examination/s
Three-hour exam.
Module description
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).
Module code: TBC
Credit level: 7
Credit value: 20
Assessment: written examination/s
Two-hour exam.
Module description
The media industry is fast-moving and undergoing a process of development during the digital age. The objective of this course is to introduce the key features of the media industry and the significant issues arising from the application of competition and IP laws, including the case-law on anti-competitive agreements, abuse of market power and mergers in the industry. In particular, the course will cover:
- The media industry: key features and market definitions;
- Sport rights (joint selling and access to sports content);
- Music: rights-holders, collecting societies and online distribution; industry consolidation; digital rights management;
- Movies: industry features, theatrical distribution, pay TV, video and online distribution; copyright issues in the digital world.
- Broadcasting: Pay-TV; public service broadcasting; the regulatory framework; mergers and alliances; Video on Demand (VOD).
- Publishing, Multi-media and High-Tech: copyright issues raised by digital distribution; mergers.
- Recent policy developments and challenges/opportunities going forward.
Module code: TBC
Credit level: 7
Credit value: 40
Semester: Full-year
(previously Legal Regulation of the Film & Music Industries module)
This module introduces you to the legal framework in which the cultural industries operate, in particular the legal scheme that commodifies cultural artefacts, transforming communication and action into rights and properties. It considers how intellectual property rights are generated, assigned, and enforced in different cultural industries, such as the music and film industries; how the problems faced by these industries have been solved; and whether the existing legal arrangements operate adequately in today's commercial and technological environments.
Module code: 7FFLA514
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Teaching pattern:
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).
Assessment: written examination/s
Two-hour exam.
Module description
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.
Module code: 7FFLA503
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Teaching pattern:
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.
Assessment: written examination/s
Two-hour exam.
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.
Module code: 7FFLA009
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern:
Two-hour lecture.
Indicative/suggested reading: Neils, Jenkins and Kavanagh
Economics for Competition Lawyers (Oxford University Press 2011).
Assessment: written examination/s
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.
Module code: TBC
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Teaching pattern: Weekly two-hour lecture.
Indicative/suggested introductory reading: The Basic Economics of Merger Analysis by David Elliott and Eric Morrison (posted on course KEATS page).
Assessment: written examination/s
A two-hour closed book examination.
Module description
Antitrust policy toward mergers has been the area of antitrust which has seen some of the most significant advances in both the underlying economic tools and the application of economics to enforcement practice throughout the world. Merger analysis is the most significant area of work for competition practitioners.
This module seeks to reflect both the advances in theory underlying the analysis of horizontal, vertical and conglomerate mergers as well as the empirical techniques being used to consider the effects of such mergers. This is an advanced competition law module, which is ideal for anyone who is already taking the full option in the Economics of Competition law.
The module is taught through a series of two-hour lecturers, given by David Elliott and Eric Morrison. The lectures will be illustrated with cases examples, mainly from Europe and the USA. Questions and discussion during the lectures will be actively encouraged. The slides for each lecture will include a guide to the key reading whilst the module outline provides references for further reading. The slides for the course will be posted in advance on the KEATS course page.
You can also submit one essay which will be returned with comments on how it might be improved.
A two-hour examination will be set, requiring you to answer 2 questions. The examination is closed-book.
Module code: TBC
Credit level: 7
Credit value: 20
Assessment: written examination/s
Two-hour exam.
Module description
The module aims to map out the area of Electronic Commerce Law conceptually and to explore key features and issues.
It starts by examining the technological and socio-economic underpinnings of the “information society” and the policy and legal challenges it poses. The cornerstone for delivery of the information society – electronic communications networks – is then analysed for their features in regulatory perspective, followed by study of relevant market regulation for such networks and services, standards and other norms right down to user equipment level. Internationally, regionally and nationally administered radio frequencies and “addressing elements” including telephone numbers and internet addresses are then covered in a discussion of “public good” regimes that includes domain name administration and the major question of internet governance. “Internet law” and its features are subjected to specific and critical scrutiny.
Following exploration of these basic themes, which are important for gaining a fundamental grasp of information society law, more specific regimes, policies and issues are considered. These include cybercrime and law enforcement in a globalized information society, information security, and the relationship between ICT innovation and intellectual property (including the role of copyleft/open source), and specific trade rules including for ICT export control. The overall position of the digital citizen to “technostructures”, including geoinformation systems, and the “cyberstate” is finally addressed, with privacy aspects, as noted above, left to be treated in greater depth under the Privacy Law module; on the other hand, aspects like electronic government and the EU’s Digital Agenda programme are considered.
The module includes explanation in lay terms of essential scientific and technical concepts. A glossary is provided, along with a set of online and in-class materials. While it is not a requirement for students to undertake essay or dissertation research work, the fundamental and innovative character of Information Society Law means it is a particularly fertile area for such work. For those students opting to participate, scheduled research seminars supplement the regular lectures; research findings assessed as excellent may be submitted for online publication. Further optional activities include a visit to a major organization active in the ICT area and specific career guidance.
A student who has completed this module should be able to participate with a basic level of confidence in many professional and academic settings involving ICT issues.
Module code: 7FFLA015
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: 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.
Assessment: written examination/s
Three-hour exam.
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).
Module code: 7FFLA507
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Teaching pattern:
Two-hour seminar.
Assessment: written examination/s
Two-hour exam.
Module description
The EU’s external policies are ever more sophisticated and wide-ranging, and the EU is a very active international actor. This module concentrates on studying the legal foundations of the EU’s external action. It looks at the scope and nature of the EU’s external competences, in particular treaty-making powers and the relationship between international and EU law. It also focuses on a couple of case-studies of major EU external policies, namely the EU’s common commercial policy and its common foreign and security policy. Those case-studies will exemplify the interaction between the many facets that shape the EU’s external relations. The module aims to give you a thorough grounding in what is a very dynamic subject.
Module code: TBC
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Teaching pattern: 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.
Assessment: written examination/s
Two-hour exam.
Module description
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:
- the policy objectives of the EU public procurement law regime and its foundations in the TFEU;
- the substantive rules relating to entities and contracts covered, award procedures, selection of bidders and contract award criteria;
- information disclosure requirements, in particular the European courts’ evolving case law and the relationship with the general principle of transparency and Freedom of Information laws;
- the use of public procurement to further social, policy and environmental objectives; and
- enforcement mechanisms and practice throughout the EU, including the new Remedies Directive and Article 258 TFEU infraction proceedings.
No previous knowledge of the subject is required.
Module code: 7FFLA011
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Weekly two-hour seminar.
Indicative/suggested reading: E. Syczcack, State Aid Handbook, London, Elgar, 2011.
Assessment: written examination/s
Three-hour exam.
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.
Module code: 7FFLA069
Credit level: 7
Credit value: 40
Semester: Full-year
Assessment: written examination/s
Three-hour exam.
Module description
This module examines the impact of EU law on taxation in the Member States. It examines the sources of EU law and its conceptual framework; considers harmonisation measures that have impact on taxation, including the direct tax directives designed to eliminate cross-border distortions and the application of the State Aid rules to taxation; and concludes by examining the impact of the Treaty freedoms of movement on the Member States' direct taxation rules as revealed through the Courts' case law.
Module code: TBC
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: 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).
Assessment: written examination/s
Three-hour exam.
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.
Module code: 7FFLA501
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Teaching pattern: Two-hour seminar.
Indicative/suggested reading: Craig and de Búrca, EU Law, 5th ed (OUP 2011).
Assessment: written examination/s
Two-hour exam.
Module description
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.
Module code: 7FFLA509
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Teaching pattern:
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).
Assessment: written examination/s
Two-hour exam.
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 code: 7FFLA018
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Weekly two-hour seminar.
Indicative/suggested reading: Barnard, The Substantive Law of the EU, OUP, 2010.
Assessment: written examination/s
Three-hour exam.
Module description
The concept of a common market involves the elimination of all obstacles to intra-community trade in order to merge the national markets into a single market bringing about conditions as close as possible to those of a genuine internal market’ (Schul, 1982). The module, by focusing on the development and application of the principle of free movement, assesses whether those objectives have been fully achieved. The structure is firmly grounded on the four fundamental freedoms: goods, persons, services and capital. Each of the freedoms is thoroughly analysed with reference to the case law of the European Court of Justice and to relevant legislation. ‘Exemplary’ areas such as financial services, food law or the regulation of monopolies are also included. Particular attention is devoted to the debate on whether the same criteria and principles may be applied to the whole of the internal market and to the degree of convergence of the economic freedoms in EU law.
Module code: 7FFLA019
Credit level: 7
Credit value: 40
Semester: Full-year
Assessment: written examination/s
Three-hour exam.
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.
Module code: 7FFLA016
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Weekly two-hour seminars; fortnightly two-hour small-group tutorials.
Indicative/suggested reading: Whish and Bailey Competition Law, 7th edition, OUP.
Assessment: written examination/s
Three-hour exam.
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.
Module code: 7FFLA598
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: A series of two-hour seminars.
Indicative/suggested reading: Kramer “EU Environmental Law” (Sweet and Maxell) for an introduction. Students who attend the module will be given a comprehensive reading list for each module topic.
Assessment: written examination/s
Three-hour exam.
Module description
In this module you focus on the protection of the environment through EU law and the potential for conflicts between environmental protection, development and the free market. The course focuses on the detail of environmental law and its practical application. Included are: the development of European environmental protection, its incorporation in the Treaty, its fundamental principles; environmental impact assessment, access to environmental information and justice, risk-taking and new techniques, energy, the media of air, water and earth (including global warming), the regulation of waste and the protection and improvement of biodiversity.
Module code: 7FFLA021
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Two-hour lecture per week taught in seminar style.
Indicative/suggested reading: Dalhuisen on Transnational Commercial Financial and Trade Law, 4th Ed. Vol. III.
Assessment: written examination/s
Three-hour exam.
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.
Module code: TBC
Credit level: 7
Credit value: 20
Assessment: written examination/s
Two-hour exam.
Practical element: investigating different e-business models with the help of concise case studies, following which students will devise an e-business concept as an assessed course project worth 15% of the total grade.
Module description
This module responds to interest shown by students over several years in having a specific offering for this area of tremendous growth and social significance.
In light of the Information Society Law module, there is less concentration on conceptual aspects. This course instead focuses on key practical concerns in an e-business setting from a legal point of view.
Reflecting this, the course’s teaching includes exposition of: the development of e-commerce and its major features; the basic regime for “information society services” in the EU under the E-Commerce Directive; and instruments to conduct e-commerce, such as e-procurement systems, e-signatures and e-money, as well as adaptions of agency such as escrow. Consideration is then given to website requirements, domain name registration, legitimate commercial communication versus spam, and contractual and other methods for e-businesses to mitigate risk and resolve disputes in cases such as “cybersquatting” by especially online means.
A central practical element of the course will be to investigate different e-business models with the help of concise case studies, following which students will devise an e-business concept as an assessed course project worth 15% of the total grade. The selected concept(s) will be developed with the help of in-class review as to how key legal requirements are being addressed and as to how these in turn relate to technical and business requirements.
This practically-oriented course for the internet age will treat such aspects as data protection primarily from a contractual point of view and will have clear synergies with other courses, including Commercial Law. Its prominent problem-solving component will nurture teamwork as part of what is intended also to be a really enjoyable learning experience.
Module code: TBC
Credit level: 7
Credit value: 40
Semester: Full-year
To be confirmed soon.
(Previously Copyright & Designs, Trademarks & Brands and Technology & IP Law)
Module code: 7FFLA025
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Two-hour lecture.
Indicative/suggested reading: Ricketson and Ginsburg, International Copyright and Neighbouring Rights: The Berne Convention and Beyond 2nd ed. (OUP, 2005).
Assessment: written examination/s
Three-hour exam.
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.
Module code: 7FFLA026
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: 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.
Assessment: written examination/s
Three-hour exam.
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 code: 7FFLA027
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Two-hour seminar.
Assessment: written examination/s
Three-hour exam.
Module description
This module was introduced in 2003, and is (so far as is known) the first and only one of its kind in the world. It builds on the strengths of King's School of Law in the fields of property law and comparative law. It deals with the property concept and its applications in an international and a comparative context. The module covers the main concepts of property, ownership, title, patrimony and estate; Western (England, France, Germany and Jersey CI) approaches to a number of specific topics, including co-ownership, leases and security interests, and also tying up property for the future; non-Western approaches to property law generally, including Islamic, Nomadic, Jewish, Chinese and feudal systems; and comparative conflicts of law, looking at those areas of the subject which have a direct impact on property disputes.
Module code: 7FFLA028
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Two-hour seminar.
Assessment: written examination/s
Three-hour exam.
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.
Module code: 7FFLA029
Credit level: 7
Credit value: 40
Semester: Full-year
Assessment: written examination/s
Three-hour exam.
Module description
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.
Module code: 7FFLA030
Credit level: 7
Credit value: 40
Semester: Full-year
Its major themes are the international reach of national legislation, the problem of disharmony in the international regulation of business and ways of attaining uniformity. These themes are explored in relation to English, Commonwealth, American and, where relevant, European Union Law in contexts such as: applicable law in international commercial contracts; international sale of goods; the international reach of legislation for the regulation of business and the protection of consumers and employees; private international law aspects of boycotts and embargoes; agency in private international law; exchange control and currency problems; the international aspects of property transactions (including expropriation and analogous problems); problems of legislative jurisdiction in anti-trust and the general issue of extra-territoriality.
Module code: 7FFLA031
Credit level: 7
Credit value: 40
Semester: Full-year
All students will attend both parts of the module. The basic format entails one two-hour lecture per week, with a number of ‘cross-over’ seminars over the two terms in which the interplay between these two areas of international arbitration is explored. There will also be a number of tutorials given throughout the year for which you will be expected to submit written work. In the summer term, you will have the opportunity to prepare a dissertation or research essay for submission. There will also be the possibility to participate in practical “moot” sessions, alongside formal classes.
Module code: 7FFLA023
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern: Two-hour seminars.
Assessment: written examination/s
Three-hour exam.
Module description
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.
Module code: 7FFLA066
Credit level: 7
Credit value: 20
Module code: 7FFLC004
Credit level: 7
Credit value: 20
We will start from the prohibition to use force in international relations contained in Article 2 (4) of the United Nations Charter and will then proceed to analyse the exceptions to this 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. For example, we will consider the doctrinal legacy left by the intervention in Kosovo and by the invasion of Iraq. Key questions to be addressed include: how should the use of force be defined for the purpose of legal regulation? What is the scope of the right of self-defence? Does self-defence cover the right to use force to protect nationals abroad, to pre-empt an attack that is not imminent, or to act against a state that is harbouring terrorists? Are interventions to further democracy or to prevent the proliferation of weapons of mass destruction legitimate exceptions to the prohibition of recourse to force? 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 – all play a part.
Module code: 7SSWM049
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern:
Two-hour seminar.
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.
Assessment: written examination/s
Three-hour exam.
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.
Important note:
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.
Module code: 7FFLA035
Credit level: 7
Credit value: 40
Semester: Full-year
Teaching pattern:
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.
Assessment: written examination/s
Three-hour exam.
Module description
This module considers taxation in an international context. Domestic tax systems have increasingly had to respond to globalisation so that taxation can still be viable in an environment where activities which have traditionally attracted taxation can be carried out without domestic borders to define their scope. The module will consider taxation and international law in general and then move on to looking at the ways in which domestic systems have sought to deal with double taxation where activities attracting taxation are carried out over more than one country – namely through double taxation conventions. The focus will be on the OECD Model and double taxation conventions based on this and why international business gives tax systems a problem and how this can be addressed.
Dr Emilia Onyema and Filippo Lorenzon
Module code: 7FFLA036
Credit level: 7
Credit value: 40
Semester: Full-year
Assessment: written examination/s
Three-hour exam.
Module description
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.
Module code: 7FFLA511
Credit level: 7
Credit value: 20
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.
Module code: TBC
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
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.
Module code: 7FFLA070
Credit level: 7
Credit value: 40
Semester: Full-year
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, Rights, Regulation and the Technological Revolution (Oxford University Press, 2008) and Roger Brownsword and Karen Yeung (eds), Regulating Technologies (Hart, 2008).
Module code: 7FFLA040
Credit level: 7
Credit value: 40
Semester: Full-year
This module (together with the International Finance 2 and the International Finance 3) is focused on the major transactions carried out by investment banks, transnational banks and multinational corporations in the vast global financial markets which have developed in London, New York and Tokyo in recent years as well as in locations such as Singapore, Hong Kong, Frankfurt, Paris and Sydney. It is designed to examine the legal structures used in these transactions and the complex legal issues arising in the context of these transactions due to their transnational and multijurisdictional nature. Law of International Finance 1 is designed to cover the following major transactions * International Syndicated Loans * International Bonds and MTNs * Convertibles * GDRs. Regulatory law of the US and of the European Union which affects primary issues in the international capital markets will also be examined.
The three modules on the Law of International Finance are not designed to cover domestic banking law or company law in the UK or elsewhere nor is it concerned with the law affecting international trade. The orientation of this module is entirely practical and is designed to enable you to practice as a lawyer in the global financial markets whether as an attorney in the global law firms or as legal counsel with investment banks, transnational banks and multinational corporations engaging in these transactions.
Module code: 7FFLA515
Credit level: 7
Credit value: 20
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.
Module code: 7FFLA548
Credit level: 7
Credit value: 20
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.
Module code: 7FFLA517
Credit level: 7
Credit value: 20
Accountants, investment bankers and transactional lawyers are the three professional advisors that play significant roles in corporate finance transactions.
This module focuses, from a UK legal perspective, 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. It concludes by examining three major kinds of financial transactions that companies get involved in: secondary issues, debt equity swaps and private equity transactions.
Credit level: 7
Non-credit carrying module.
Details to be confirmed soon.
Credit level: 7
Non-credit carrying module.
Details to be confirmed soon.
Module code: 7SSWM047
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Teaching pattern:
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.
Assessment: written examination/s
Three-hour exam
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.
Important note:
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.
Module code: 7FFLA510
Credit level: 7
Credit value: 20
This module covers institutional issues in EU financial regulation and supervision: the delimitation of competences between the EU and the member states; and the Lamfalussy-de Larosière procedure. It also covers substantial law issues: it provides an overview of the EU regulatory framework applicable to all three sectors of finance with a specific emphasis on banking and securities, as well as an overview of their contemplated changes again as a result of the financial crisis.
Module code: TBC
Credit level: 7
Credit value: 40
Semester: Full-year
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 code: 7FFLA562
Credit level: 7
Credit value: 20
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. Assessment is either by way of three-hour closed book examination at the end of the year, or an extended essay combined with a two-hour end-of-year examination. 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
European Union Competition Law
UK Competition Law
US Antitrust Law
Module code: TBC
Credit level: 7
Credit value: 20
This module considers the UK’s comprehensive “one-stop” regime for the regulation of financial services activity, established under the Financial Services and Markets Act 2000 (FSMA 2000). This regime applies to all financial services firms operating in the UK (in particular, on the London financial 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 Financial Services Authority (FSA) which is the UK’s “single regulator”. 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.
Module code: 7FFLA536
Credit level: 7
Credit value: 20
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.
Module code: TBC
Credit level: 7
Credit value: 20
To be confirmed soon.
Module code: 7FFLA525
Credit level: 7
Credit value: 20
Accountants, investment bankers and transactional lawyers are the three professional advisors that play significant roles in M&A transactions, which are increasingly becoming established features of most advanced capitalist systems.
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 on 20 May 2006. It will entail 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.
Module code: TBC
Credit level: 7
Credit value: 20
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.
Module code: 7FFLB013
Credit level: 7
Credit value: 20
You critically 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 control and prevent state crime.
You explore a range of state crimes in both the domestic and international spheres. Terrorism, 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, ‘natural’ disasters, political corruption, criminal policing, war crimes, state-to-state crime as techniques of ‘coercive governance’ and examples from both democratic and authoritarian regimes
Module code: 7FFLA055
Credit level: 7
Credit value: 40
The taxation of an estate is a complex yet fundamental issue for many taxpayers. Tax can be levied both during the lifetime of the taxpayer and on his or her death. This module considers how an estate might be taxed, both during life and on death and looks further to see how legitimate tax planning can be used to reduce taxation. The module considers a number of taxes, but the focus is on income tax, capital gains tax and inheritance tax.
It begins with a detailed analysis of the rules in relation to each of these taxes. As many tax planning methods utilise trusts, the module pays particular attention to the treatment of each of these taxes towards trusts. As the module progresses, the understanding of these rules is put into practice by considering specific circumstances where tax planning can be used , including an understanding of how tax planning works on the International level.
Anne Fairpo and Tom Wesel
Module code: 7FFLA056
Credit level: 7
Credit value: 40
Semester: Full-year
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.
Module code: 7FFLA552
Credit level: 7
Credit value: 20
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 and UK patent 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 the UK law 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 code: 7FFLA549
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Teaching pattern:
Two-hour lecture, one-hour tutorial.
Indicative/suggested reading: Cornish, Llewelyn & Aplin: Intellectual Property (7th ed., 2010), ch 16.
Assessment: written examination/s
Two-hour exam.
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 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.
Module code: tbc
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Teaching pattern:
Weekly two-hour seminars.
Indicative/suggested reading: OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, July 2010.
Assessment: written examination/s
Two-hour exam.
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.
Module code: 7FFLA058
Credit level: 7
Credit value: 20
Semester: Full-year
This module is set against the background of the internationalisation of the flow of goods, services and capital. It studies the private law response to this development and the emergence of trans-national commercial and financial law as a new lex mercatoria to support these flows. In this context, the creation of a new legal order is discussed and the spontaneous development of an independent international normativity in it, the sources of law that become relevant in this connection and the hierarchy amongst them.
The function and approaches of official or unofficial international bodies in the formulation of industry practices, like the ICC in the Incoterms and UCP, of Unidroit and Uncitral in the formulation of uniform law like for the international sale of goods and receivable financing, or of groups of academics in the formulation of principles, like those of contract and trust law, will also be discussed. Their findings will be compared with those adopted in the US, especially in the Uniform Commercial Code.
At the academic level, this module will study the operation of the major legal systems, especially those of Common and Civil Law. At the practical level, it will consider the details especially of the modern laws of contract, sales, agency, payments, personal property, trusts, secured transactions, conditional sales, financial leases, repurchase agreements, factoring, securitizations and financial derivatives including swaps.
Dr Michael Schillig & Professor Robin Morse
Module code: 7FFLA067
Credit level: 7
Credit value: 40
Semester: Full-year
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, France). Over the last decade the three European jurisdictions under consideration have substantially reformed their insolvency laws (Germany in 1999, UK in 2002, France in 2005 and again in 2008/09). 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 the UK and the US, as well as Domestic Jurisdiction in the United 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.
Module code: 7FFLA059
Credit level: 7
Credit value: 40
Semester: Full-year
This module is concerned with the control of private economic power through the competition laws in the UK. Those laws are contained primarily in the Competition Act 1998 (as amended) and the Enterprise Act 2002. The landscape for competition law enforcement in the United Kingdom has changed out of all recognition in the last few years. Articles 101 and 102 of the EU Treaty are directly applicable in the UK, and, in certain circumstances, the domestic authorities and national courts are obliged to apply them. However, there is also a substantial body of competition case-law and decisional practice in the UK.
The purpose of this module is to consider the rationale, scope and application of the Chapter I and II prohibitions in the Competition Act 1998 (which broadly correspond to the Articles 101 and 102 EU). It will also examine distinct features of UK competition law, including concurrent enforcement by sector-specific regulators of the Competition Act 1998 and market investigation references, the domestic merger control regime, super-complaints, and the criminal cartel offence under the Enterprise Act.
No previous knowledge of the subject is required.
The module is taught in weekly seminars; you are encouraged to actively engage with the issues being addressed.
There is a three and a quarter hour open book examination at the end of the year. Examples of recent examination papers will be available on 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 and the Media Industry
Competition Law & Regulated Network Industries
Economics of Competition Law
European Union Competition Law
Regulation & Governance
US Antitrust Law
Module code: 7FFLA587
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Assessment: written examination/s
Assessment is by one 5,000 word research essay.
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.
Module code: 7FFLA586
Credit level: 7
Credit value: 20
Semester: Semester 2 (spring)
Assessment: written examination/s
Assessment is by one 5,000 word research essay.
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 modernisation and reform. 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.
Module code: 7FFLA061
Credit level: 7
Credit value: 20
Semester: Semester 1 (autumn)
Teaching pattern: Weekly two-hour seminar.
Indicative reading: Reading from core texts; Gellhorn, Kovacic and Calkins Antitrust Law and Economics in a Nutshell (5th edn, Thomson West 2004) and either Fox, Sullivan and Peritz Cases and Materials on United States Antitrust in Global Context (3rd ed, Thomson West, 2012) or Gavil, Kovacic, Baker Antitrust Law in Perspective: Cases, Concepts and Problems in Competition Policy (Thomson West, 2009), as well as articles and cases in advance of each seminar.
Assessment: written examination/s
Two-hour exam.
Module description
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.
Module code: 7FFLA537
Credit level: 7
Credit value: 20
Value Added Tax is an increasingly important tax in the UK and throughout the EU. Not only does it generate a large amount of revenue for governments, its character as a European tax makes for interesting case law and controversy within domestic systems.
This module considers the nature of VAT as a tax and considers the system of VAT as implemented in the UK. It considers the various elements of the tax and how the tax has developed in response to EU movement and pressure.
As well as gaining a comprehensive understanding of VAT in the UK, the aim of the module is to provide you with the tools to be able to comprehend other systems of VAT in Europe and also to understand why what seems like a simple tax has proved so complicated in the EU.
Module code: 7FFLA063
Credit level: 7
Credit value: 40
Semester: Full-year
The premise of this module is that world trade law, as a specific sector of international economic law, is developing so rapidly and is increasingly occupying such a central role in international law that it merits separate treatment in a full LLM subject. The study of the subject will focus on the law of the World Trade Organization, within several contexts: political, economic, other instruments and rules of international law-making, and jurisprudential. As such, the study of world trade law will be a lens through which the role and position of law in the evolution of globalisation can be looked at and analysed. By learning to use that lens you will at once acquire practical legal knowledge and a firm conceptual framework of analysis.
The module looks at the various areas of WTO law, including institutions, dispute settlement, essential GATT principles, the TBT and SPS Agreements, trade protection, trade in services, intellectual property protection, treatment of developing countries, and constitutional issues such as the relationship with other international law and with domestic law.
