Advanced Research for LLM Students

15 credits
Autumn & spring teaching, year 1

This is an intensive module taught in the first and second terms in blocks of two weeks and three weeks respectively, introducing you to the essential research, bibliographic, on-line and writing techniques which are required for study at this level and for the production of term papers, dissertations and other assessments.

Approaches to International Criminal Law

30 credits
Autumn teaching, year 1

This module provides you with a thorough grounding in the key intellectual and practical skills and theoretical framework necessary for the study of International Criminal Law at Masters level. You will consolidate, develop and employ the practical skills required for independent research and writing at Masters level. You will learn how to formulate a research question and design a research strategy and undertake a literature search. You will examine a range of methods for research in law, including comparative, socio-legal, empirical, critical and doctrinal research methods. The course enables you to further consolidate and develop your knowledge of and analytical skills in relation to theoretical approaches to international criminal law and comparative criminal justice.

Approaches to International Law

30 credits
Autumn teaching, year 1

This module provides a thorough grounding in the key intellectual skills and theoretical framework necessary for the study of International Law at Masters level. It examines a range of methods for research in law, which may include comparative, socio-legal, empirical, critical and doctrinal research methods. The module develops knowledge of and analytical skills in relation to theoretical approaches to international law, particularly in relation to rights and responsibilities.

Aspects of Intellectual Property Law

30 credits
Spring teaching, year 1

You will focus on aspects of the law of copyright, trademarks and patents. You will be introduced to intellectual property law and its philosophical and economic justifications, but you will also engage in in-depth analysis of particular issues in the law and policy of intellectual property. You will consider aspects of the international framework which governs intellectual property, such as the Agreement on Trade Related Aspects of Intellectual Property Rights 1994 (TRIPSs). However, emphasis will be placed on EC and UK law in order to provide a basis for substantive discussion of the issues.

Carriage of Goods by Sea

30 credits
Spring teaching, year 1

You will examine the law and practice of the international carriage of goods by sea including contracts of affreightment, bills of lading, charter parties and other chartering documents (sometimes referred to collectively as 'dry shipping'). Seminar topics include implied obligations in the contract of affreightment; voyage charterparties; time charterparties; bills of lading and their functions; The Carriage of Goods by Sea Act 1992; The Hague-Visby and Hamburg Rules; and dispute settlement.

Citizenship in the European Union

30 credits
Spring teaching, year 1

Citizenship is a contested concept. The post-Lisbon EU Treaty has recognised a legal notion of citizenship of the EU based upon nationality of a Member State. Some of its contents are spelled out in the Treaty on the Functioning of the European Union (TFEU) as well as in secondary legislation. Initially EU citizenship appeared to be weak and embryonic, but has evolved considerably in particular through its interpretation by the Court of Justice. This module relates to the evolving rights and duties of EU citizenship and to the wider literature on citizenship and to questions of identity and fundamental rights. Citizenship is also discussed as an indicator of social and political integration and for its potential relevance in addressing the Union's so-called democratic deficit.

Comparative Criminal Justice Systems

30 credits
Spring teaching, year 1

The intention of this module is to provide a critical introduction to the study of the major criminal justice systems of the world. It will build upon the analysis developed in the core modules in the first term and consider ways in which criminal justice can be examined and evaluated comparatively from a global perspective. This will be accomplished through a close contextual study of particular jurisdictions, both in their historical and contemporary development. You start with an analysis of the international growth of inquisitorial methodology, whether in continental European and Russian justice (especially under 20th century-totalitarianism) or in Chinese and Islamic justice. You move on to examine the development of adversarial due process around the world, from its origins in England and the US, through to its modern renaissance. The globally important tradition of popular justice, represented both in the western jury and in traditional or radical forms of participation in Africa, Asia and Latin America, will also be considered. We conclude by addressing the implications of comparative method for the reform process.

Dissertation (LLM generic)

45 credits
Autumn & spring teaching, year 1

You design and carry out a project of research under individual supervision. You are encouraged to apply the theoretical and practical principles of research methodology which were addressed by the module "Advanced Research for LLM Students" in the production of your 15,000 word dissertation

EU Competition Law

30 credits
Spring teaching, year 1

This module covers the concepts and rules of EU competition law contained in the EU Treaties, case law and decisional practice of the European Commission. Substantive topics include cartels, abuse of dominance, mergers, enforcement and state intervention, especially state aid and public services regulation. The relationship between EU competition law and other systems of competition law is also considered.

EU Single Market Law

30 credits
Spring teaching, year 1

The 'single' or 'internal' market lies at the very heart of the European community, defined by reference to the 'four freedoms' - policies on the free movement of goods, persons, services and capital destined to ensure an ever closer economic, monetary and political union.

You will examine the legal foundations of the single market tracing the deployment of both 'negative' and 'positive' integration mechanisms together with the use of various legal and judicial techniques destined to achieve completion of the internal market. While concentrating particularly on the free movement regimes applicable to goods, establishment and services, the module will investigate the interaction of these key policy areas with other issues such as social welfare provision, the rights and duties of private parties and the protection of fundamental rights.

Hate Crime and Sexual Violence

30 credits
Spring teaching, year 1

This module will focus on issues relating to hate crime and sexual violence and the criminal justice system. The module starts by exploring the various conceptualisations of hate crime and how and why its definition has differed between jurisdictions. Focus is then given to the growing legislative responses to hate-motivated offences both in the UK and US. You will examine the extent to which the singling out of certain prejudiced motivations for enhanced sentencing (such as, racism, homophobia, anti-religion and disablism) can be justified. You then move on to explore the main criminological theories that have been put forward to explain the aetiology of hate crime. Attention is also give to research that has evidenced the often heightened levels of harm that such offences cause to both victims and minority communities more broadly. 

The second part of the module focuses on sexual violence. You examine the reforms made to the law and practice with regards to sexual assault and will consider remaining issues, highlighting attrition and problems of attitude. Some academics have argued that sexual violence should also be classified as hate crime. As such you will explore the arguments for and against the inclusion of sexual violence under the label of hate crime, noting both the impacts that inclusion/exclusion under the label may have on the state's responses to such crimes. You will also examine the use of alternative criminal justice measures for hate crime and sexual violence. Particular focus is given to the use of restorative justice and you will assess the potential benefits and pitfalls of using such an approach.

Human Rights and Migration

30 credits
Spring teaching, year 1

The treatment of migrants is one of the most challenging issues which human rights, as a political philosophy of practical import, faces today. In the last two decades, immigration has risen to the top of the political agenda of many governments and international organizations around the world. It recurrently leads to reflexes of closure which are at odds with the ethical message embodied in the concept of human rights, generating questionable, if not straightforwardly abhorrent, practices which too often become entrenched and regarded as 'natural'.

The European Court of Human Rights is widely celebrated, and indeed praises itself, for being 'the conscience of Europe'. When the European Court decides migrant cases, does it manage to remain true to the values at the core of its institution? What about the other human rights institutions such as the Inter-American Court of Human Rights, the UN Human Rights Committee or the Committee for the Elimination of Racial Discrimination? This module addresses these questions from a perspective which combines legal analysis, historical and sociological discussion, as well as ethical reflection. Every year, some topics (eg family reunification, deportation after criminal conviction, social security protection, immigration detention) are selected for in-depth analysis.

International and Comparative Company Law

30 credits
Spring teaching, year 1

Topics covered include:

• Introduction and theory: the company as an instrument of entrepreneurship, domestic and foreign models of corporate entities, business as a social and economic tool, the market and profit incentive, regulation and laws as an economic function and the conflict of legal and economic rules.
• Company law concepts: the concept of the corporate contract, legal personality, the corporate veil, judicial avoidance of the doctrine, forms of business organisation, company as entity, group enterprise, distinction between corporate forms, the legislative framework, birth, life and death of the company.
• Corporate liability: general liability in tort and contract and trust relationships, general regulatory approach, the arguments for self-regulation and interventionism, the influence of criminal and civil liability concepts, ultra vires and agency doctrines, individual and corporate capacity, corporate crime.
• Corporate responsibility and governance: companies as democracies, representation and power, the exercise of control, the management of conflict, internal and external control, stakeholder theory, directors duties and liabilities, administration and supervision, employee consultation and participation, dispute resolution, corporate social responsibility and philanthropy.
• European and international company law: the EU framework for co-operation in corporate affairs, fundamental freedoms for companies, harmonisation of European law, jurisdictional issues and approaches in the common law and civil law systems, competition among jurisdictions and the Delaware effect, international co-operation issues, multinationals.

International and Comparative Corporate Insolvency Law

30 credits
Spring teaching, year 1

Topics covered include:

• Introduction and principles
• Relationship between property, credit and insolvency
• The powers of bankruptcy office-holders to recover property belonging to and to gather information about the debtor. Insolvency and pre-insolvency measures
• The concept and nature of business rescue in different jurisdictions; a comparison of principles governing how the protection of the business rescue regime is achieved 
• The hierarchy of creditors and the principle of equal treatment 
• The management of debtors in business rescue; rescue and liquidation proceedings; the role of the insolvency office-holder/practitioner
• International and regional treaties and conventions concerned with cross border bankruptcies (especially the European Insolvency Regulation and UNCITRAL Model Law).

International Trade: Issues and Challenges

30 credits
Autumn teaching, year 1

This course provides you with a thorough grounding in the key intellectual and practical skills and theoretical framework necessary for the study of European and International Trade Law at Masters level. The course is divided into three, closely related parts. You will consolidate, develop and employ your practical skills required for independent research and writing at Masters level. You will learn how to formulate a research question, design a research strategy and undertake a literature search. You will examine a range of methods for research in law, including comparative, socio-legal, empirical, critical and doctrinal research methods. You will have the opportunity to consolidate and develop your skills by undertaking seminars specifically devoted to research and theoretical exercises in areas within International, European and Comparative Law relevant to economic, financial and commercial Law.

International Commercial Arbitration

30 credits
Spring teaching, year 1

International Crimes

30 credits
Spring teaching, year 1

This module will focus on the four core crimes in international law, including genocide, crimes against humanity, war crimes and the crime of aggression. In each case we will highlight their development, application in international and domestic courts and matters of controversy in relation thereto, before examining other so-called quasi-international crimes including torture, hijacking, and terrorism.

International and Transnational Offending

30 credits
Spring teaching, year 1

In order to assess the effectiveness of legal responses to offending that cross national boundaries, it is essential that you gain an insight into the phenomenon itself, rather than merely into the legal responses which we have examined in International and Transnational Offending. This module explores the nature and extent of both state and sub-state or individual offending. It includes such examples as the use of torture, war crimes, economic criminality, including illegal arms and drug dealing, corporate crime, computer and share frauds and organised crime and international crimes of violence.

International Law: Rights and Responsibilities

30 credits
Autumn teaching, year 1

This module is intended to introduce you to or further develop your knowledge of the nature and sources of international law. The course enables you to explore a non-traditional approach to international law by focusing on rights and responsibilities not only of states but also in relation to individuals and other putative subjects of international law. 

Issues in Criminal Law and Criminal Justice

30 credits
Autumn teaching, year 1

This module will provide you with an introduction to key contemporary issues in criminal law and criminal justice, with a view to enabling you to understand the main challenges facing the English and Welsh criminal justice system at the present time. Topics will include issues which highlight the contemporary problems facing both substantive criminal law and the justice system, including: youth justice and the age of criminal responsibility; overcriminalisation for example by new `inchoate type' offences in response to the threat to security; the relationship between personal autonomy and the criminal law; the difficulties in securing convictions for certain types of offences such as sexual violence and child abuse; the impact of gender upon both the substantive criminal law and criminal justice; prison overcrowding; and access to justice. You will discuss these topics from an interdisciplinary perspective, placing them within the context of human rights, social and political developments.

Law and Social Theory

30 credits
Spring teaching, year 1

This module introduces you to a series of readings that explore the relationship between law and social theory. The objective is to reflect on how law can be understood as a social phenomenon, whose nature and functions are intimately connected to different stages of social, economic and political development. Beginning with a consideration of classical social theory (Marx, Durkheim, and Weber) and its analysis of the relationship between law and modern society, the module proceeds to analyse more recent works of social theory and to reflect on how these might help us to understand the contemporary workings and roles of law and legal institutions. Among the themes to be explored will be law and disciplinary society, and neoliberalism and the welfare state.

The International Legal Regulation of Armed Conflict

30 credits
Spring teaching, year 1

This module subjects the international law of armed conflict to critical examination. Since 1945 states, international and regional organisations have used armed force in circumstances and for purposes unforeseen by the drafters of the United Nations Charter. This practice is evidence of the tension between the need for the international community to respond to new threats to international peace and security and the requirement that the use of armed force is limited by international legal controls. You will explore this practice and examine international legal rules relating to the conduct of armed force and international humanitarian law.

Law of International Business Transactions

30 credits
Spring teaching, year 1

This module considers the body of rules governing commercial relationships of a private law nature involving different countries. You focus on the legal rules governing the sale and supply of goods by a merchant in one country to a merchant in another country.

Law, Security and the Global Public Good

30 credits
Spring teaching, year 1

This module looks at the often problematic relationship between 'security' and the global 'public good' within international law. In the module we examine the historical development of international law in relation to colonialism and globalisation and go on to consider the possibilities and limitations of new modes of global governance. We will look at how international law has ordered and shaped global space in relation to property, economic organisation and the use of force and we will investigate the various legal, moral and political arguments that lie behind these changes. The module combines international law scholarship, critical theory and case studies to assess the global significance of the idea of 'security' today.

The Legal Regulation of International Trade

30 credits
Autumn teaching, year 1

The central aim of this module is to provide you with a knowledge and understanding of the world trading system, in particular the World Trade Organisation (WTO), and an awareness of the different levels of government (and governance) at play in the regulation of international trade. To this end it explores: the background to, institutional structure, and fundamental principles of, the World Trade Organisation (WTO); certain of the substantive rules of the WTO, the context in which it operates, and the other actors operating in this field (regulation of international trade); the relationship between international trade rules and other branches of international law, and in particular the challenges facing the WTO in adjusting to the developing priorities of the global community.

Minority Groups and Human Rights

30 credits
Spring teaching, year 1

This module aims to critique the development of a universal minority rights framework, focusing in particular on the rights of religious, linguistic and national minorities.

The first part of the module will provide a theoretical framework for the study of different approaches to minority rights and includes consideration of the following: Is it possible to define the term minority? To what extent can communal goods such as religion, culture and language be accommodated within an individual rights framework? What are the tensions between minority rights and the traditional liberal framework? What are the demands of minority groups in areas such as education? Should different types of minorities have different entitlements? Is a focus on the obligations and responsibilities of the State more appropriate than a focus on the rights of individuals and groups? The rest of the module focuses on the development of a universal minority rights framework with reference to relevant case-law of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the core UN human rights treaties and minority specific instruments. You also examine the role of political supervisory mechanisms, considering the work of bodies such as the UN Independent Expert on Minorities and the OSCE's High Commissioner on National Minorities.

Restorative Justice: Domestic and International Approaches

30 credits
Spring teaching, year 1

This module will provide scope for you to explore contemporary restorative justice developments in the United Kingdom and internationally. The module starts by examining restorative justice theory and explores how its principles have been put into practice within the UK and in other countries. You will then examine the relationship between restorative justice and the state as well as the importance of the concept of "community" in assessing whether restorative practices can repair harm. You will also look at whether restorative justice can be used in "difficult" cases including domestic violence, hate crime, and even homicide. Finally, the module explores the use of restorative justice in countries where mass human rights violations have been committed - including genocide. Examples such as the Truth and Reconciliation Commission in South Africa and the Gacaca courts in Rwanda are just some of the examples of how restorative principles might be used to help repair the harms of the most serious of all crimes.

The Nature and Institution of International Criminal Law

30 credits
Autumn teaching, year 1

After an introduction to the nature and concepts of international and comparative criminal law, including issues relating to the exercise of criminal jurisdiction internationally, you will examine institutional structures including the International Military Tribunals in Nuremberg and Tokyo, the Ad Hoc Criminal Tribunals for Rwanda and the Former Yugoslavia and the International Criminal Court. You will then examine problems associated with criminal trial proceedings in an international context including issues relating to due process and extra-territorial policing. This part of the course will include an examination of the work of INTERPOL and EUROPOL.

Transnational Commercial Law

30 credits
Autumn teaching, year 1

This module examines the nature, history and sources of transnational commercial law, the role of conflict of laws in international commercial law and international commercial dispute resolution, the relevance of comparative law to transnational commercial law and the various instruments (international conventions, model laws etc.) and institutions (including UNIDROIT, UNCITRAL, ICC, the Hague Conference on Private International Law) responsible for the harmonisation of transnational commercial law.

Understanding Criminal Law and Criminal Justice

30 credits
Autumn teaching, year 1

This module provides you with an opportunity to explore the different theoretical and analytical approaches which are necessary for the study of criminal law and criminal justice. At the same time you will be introduced to the contemporary debates surrounding crucial subjects such as the law on homicide, rape, mentally disordered offenders, child offenders, due process and the treatment of offenders. The module will demonstrate how different perspectives and different approaches to some of the crucial challenges facing criminal lawyers can inform and deepen your understanding of these questions. You will be encouraged to reflect on the different insights offered by, for example, Legal Positivist, Socio-Legal and Critical Legal and Feminist analysis of some of these problems in criminal law and justice. You will also assess the relevance of comparative, historiographical and empirical research to their work. These different approaches will be addressed through a close study and discussion of the leading texts in the area of criminal law and criminal justice.

War, Terror, Violence and International Law

30 credits
Spring teaching, year 1

You will focus upon the contemporary problems of war and terrorism within a historical, political and global context. Drawing upon approaches from international law, political and critical theory and international relations, the module examines law's various attempts to define what constitutes 'legitimate violence'. In this respect we will look at some of the dominant legal, moral and political arguments behind the justification and condemnation of acts of war, terror and public violence. We will look at the law's criminalisation of non-state violence, the use of new theological arguments to justify 'humanitarian wars', the relationship between violence and international security and the ethics of violence.

Women and Human Rights

30 credits
Spring teaching, year 1

This module is divided into two halves. The first half consists of core topics providing a theoretical framework for the study of women's human rights. You will draw on feminist legal theory, human rights theory, anthropological and historical materials and international and national rights instruments and documentation. The second half focuses on the conception, implementation, adherence and breach of a specific right or related rights. 

Youth Justice

30 credits
Spring teaching, year 1

This module will examine how the law does and should respond to criminal and anti-social behaviour by children and young people. Given that much discussion of such behaviour tends to be extremely emotive and characterised by a rose-tinted view of the behaviour of previous generations of children, the module begins by reflecting upon the nature and extent of youth crime. Against the backdrop of contested constructions of childhood and children's rights it then explores the shifts in policy that have occurred in relation to offending by children. It examines how perceiving them as `children in trouble' to be helped or `young thugs' to be punished profoundly affects societal and legal responses. The increasingly tough approach taken by governments in recent years is scrutinised in the light of international instruments such as the Convention on the Rights of the Child and sustained criticism from international bodies.
The module goes on to examine the youth justice process, including pre-trial diversion and the sentencing of young offenders, including the increasing use of custody. 

The module then examines a range of issues of current concern, including the age of criminal responsibility, the introduction of civil punitive orders such as ASBOs, the extent to which the state should make parents take responsibility for the actions of their children, the relationship between the media and youth crime and dangerous young offenders.