Modules for course M1AF | LLM/ICBL
LLM International Commercial and Business Law
This is a provisional list of modules to be offered on this course in the 2019–20 academic year.
The list may not be complete, and the final course content may be different.
- SXL-4008: International Sales Law (20) International Sales Law is concerned with the law of sale of goods of a cross-border kind. The main focus of the course is to examine the legal relationship between parties who sell and buy goods from each other. The course will commence with a brief introduction to the international sales law. The Sale of Goods Act 1979 and its relevance to international sale contracts will be examined, in particular implied terms and the passing of risk and property. The various sales contracts under Incoterms and case law, i.e. CIF, FOB are to be examined, with particular focus on flexibility of FOB contracts and the importance of documents in CIF contracts under common law. Agents play an important role in international sale of goods so an outline of the roles of agents and their impact on international sale are also considered.
- SXL-4300: Dissertation (60) This module consists of researching and writing a Dissertation project in the field of Law, and in particular either Commercial law or the Law of Post-Devolution Wales. The Dissertation will be 15,000 words in length. The subject of the Dissertation will be confirmed in consultation with the supervising tutor and the Director of Postgraduate Studies. The student will be expected to show a clear understanding of the literature in their chosen field of study (primary and secondary sources), and, if the project involves empirical research, a familiarity with techniques of data collection and analysis.
20 credits from:
- SXL-4009: Legal Research Methods (20) (Semester 1 + 2) The module will cover the following topics: using a Law Library, essay writing for Masters students, legal writing, identification and evaluation of sources, avoiding plagiarism, referencing correctly, compiling a bibliography, planning a dissertation project, writing a research proposal, identifying a dissertation research question, research methodologies, and doing a literature review.
- SXL-4109: Legal Research Methods (20) (Semester 2) The module will cover the following topics: using a Law Library, essay writing for Masters students, legal writing, identification and evaluation of sources, avoiding plagiarism, referencing correctly, compiling a bibliography, planning a dissertation project, writing a research proposal, identifying a dissertation research question, research methodologies, and doing a literature review.
- Students entering the programme in January must take SXL-4109. Students entering the programme in September must take SXL-4009.
80 credits from:
- SXL-4001: Competition Law (20) (Semester 2) The module will consist of seminars relating to the various schools of competition analysis (e.g. the Chicago School, post-Chicago etc.) theory of competition, comparative competition law regimes, UK competition law (in particular, sections 2 and 18 of the Competition Act 1998) , EU competition law (in particular, Articles 101 and 102 TFEU) and relevant aspects of U.S. Antitrust Law (e.g. the Sherman Act, 1890 and the Rule of Reason). The seminars will cover the following important issues within Competition Law: the notion of an undertaking; agreements, decisions and concerted practices which restrict competition; the notion of ‘appreciable effect on competition’; restrictive practices, vertical and horizontal restraints, abuse of a dominant position; market definition (product market and geographic market); assessing market power; types of conduct that can be abusive under Art 102 TFEU e.g. predatory pricing, tying & bundling and, refusals to supply; the intersection between Competition Law and Intellectual Property Law; current proposals to reform the UK Competition Law regime; current proposals to amend the Technology Transfer Block Exemption Regulation i.e. Regulation (EC) No 772/2004 and, finally, analysis of the EU Merger Control Regulation i.e. Regulation (EC) No 139/2004 on the control of concentrations between undertakings.
- SXL-4003: Marine Insurance (20) (Semester 2) The seminars will explore the nature and scope of the contract of insurance, evaluate its salient features, discuss the relationships between the parties to the contract and explain the application of insurance law in practice. In brief, the content includes an introduction to insurance law, examination of the statutes and common law of insurance, the fundamental principles of insurable interest, utmost good faith, subrogation, contribution and the principles of indemnity. In addition, the module examines the formation of insurance contract; the terms of contract; construction and causation; claims under policy; different types of insurance with a particular emphasis on marine insurance. The recent development of the case law and reform on Insurance Law are also discussed.
- SXL-4004: Intellectual Property Law (20) (Semester 1) The seminars will explore the nature and scope of the contract of insurance, evaluate its salient features, discuss the relationships between the parties to the contract and explain the application of insurance law in practice. In brief, the content includes an introduction to insurance law, examination of the statutes and common law of insurance, the fundamental principles of insurable interest, utmost good faith, subrogation, contribution and the principles of indemnity. In addition, the module examines the formation of insurance contract; the terms of contract; construction and causation; claims under policy; different types of insurance with a particular emphasis on marine insurance. The recent development of the case law and reform on Insurance Law are also discussed.
- SXL-4005: International Banking Law (20) (Semester 2) This module will provide students with a sound understanding of the law and practice of modern international banking. It will examine the legal framework of international banking and related legal issues and consider current trends in international and UK banking. There will be detailed analysis of the regulation and prudential supervision of banks in the UK and EU, with emphasis on capital adequacy and assessment of banking risks, and the use of prudential techniques in risk management. International banking facilities will be examined, with particular reference to syndicated loans, security interests and lender liability. Students will also gain an appreciation of the main features of international capital markets, focusing on international bond issues, securitisation, hedge funds, the Market Abuse Directive and the Markets in Financial Instruments Directive (MIFID). The international banking industry will be discussed in the wider context, considering important contemporary issues such as money laundering and issues of environmental and social responsibility. Debt Subordination (how a company in financial trouble can attempt to survive by arranging a subordination of some of its corporate creditors) and debt Factoring (how a company can attempt a sale of its trade debtors - debts owed to it, in order to raise further finance to stay afloat). The module will allow the student to appreciate how different national regimes are heavily influenced by both the UK case law and legislation, and also increasingly by European Union legislation.
- SXL-4006: Intn'l Commercial Arbitration (20) (Semester 1) The course is divided broadly into three parts. The first part of the course is concerned with the theoretical and institutional structure of arbitration. It begins with a historical overview of international commercial arbitration and a comparative analysis of arbitration and litigation. The aim of this section is to provide students with grounding in the rules and procedures of international commercial arbitration. The second part of the course will be devoted to the examination of the legal framework within which arbitral disputes are resolved. This section focuses on certain specific aspects of international commercial arbitration such as the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards, the extent and timing of judicial review of awards, grounds for refusing recognition or enforcement of awards, and interim measures of protection. The third part of the course focuses on a review of the principles and practices of international commercial arbitration. This section examines recent developments in international commercial arbitration and the emergence of converging arbitral rules. Also included will be an overview of the arbitral institutions in China, Hong Kong and Japan.
- SXL-4010: Global Trade Law (20) (Semester 1) The module will study aspects of the regulation of international trade through the General Agreement on Tariffs and Trade (GATT) and the World Trade Organisation. It will consider the institutional framework of the treaty scheme, the removal of tariff barriers to trade, international control of dumping and subsidies, intellectual property rights under the TRIPs Agreement, environmental, health and labour conflicts, protection of human rights, services and dispute resolution. Specific issues will be examined, in particular, whether ‘regionalism’ goes against the philosophy of free trade, whether trade should be free or fair (or are both possible) and whether the substantive GATT rules and dispute settlement mechanisms are in practice fair to poor countries. Coming from a variety of jurisdictions, students will be expected to offer comparative insights to the group.
- SXL-4011: Comparative Corp. Governance (20) (Semester 1) Following a brief introduction to the law of business organisations, the module will focus on the legal roots of corporate governance, paying particular attention to the respective rights and duties of shareholders and Directors. The module will provide an overview of the reforms introduced by the Companies Act 2006 and the impact of European Union legislation. Comparative models of corporate governance with are discussed with a view of evaluating and predicting the extent of global convergence of differentiation and the future direction of corporate governance.
- SXL-4014: Employment Law (20) (Semester 2) The module provides a brief overview of the history, development and regulation of employment and labour law from a UK perspective. Thereafter it critically explores key issues such as discrimination at work, termination of employment and collective aspects of work. It also provides a comparative perspective and critically discusses the concept of flexicurity.
- SXL-4024: EU Internal Market Law (20) (Semester 1) European Union Internal Market Law involves the study of the principles underlying the functioning of the internal market, and will focus primarily on the study on the leading jurisprudence with the European Court of Justice and European General Court (now named the General Court), as well as leading decisions on the European Commission, all of which have contributed towards the development of the legal principles which have driven the development of the internal market in the European Union. The course of study includes: i. A brief study of the original Common Market model and the Four Freedoms ii. The development of the Internal Market Programme since the late 1980s iii. Analysis of the leading judgments in the areas of Free Movement of Goods, Customs Duties and Internal Taxation, Free Movement of Workers, Free Movement of Services, and Freedom of Establishment
- SXL-4052: Int. Climate Change Law & Pol. (20) (Semester 2)
- SXL-4125: Carriage of Goods by Sea (20) (Semester 2)