Advanced Copyright and Design Law
The module will deal with special issues in copyright and designs and their international exploitation at an advanced level. The British, European and international law relating to these rights will be studied in detail. Comparison will also be made with national Member States laws.
Special topical issues in copyright and designs law will be studied including the protection of computer programs, databases and technological protection measures. National and Community unregistered and registered design rights. Finally you will be given an insight as to the future of copyright and designs at EU and international level.
Business and Human Rights
This module considers how business increasingly conducts its operations with responsibility to its stakeholders and to society at large. It examines the emergence of the business and human rights regime, which forms the basis for addressing both legal developments and voluntary initiatives across a spectrum of business and industry sectors and different types of business operating both globally and locally.
The module content is diverse and wide-ranging, and draws on case studies in order to foster knowledge about the impacts of business on human rights protection. It considers key issues in the current business and human rights regime, including states' obligation to protect human rights, the corporate responsibility to respect human rights, human rights due diligence and access to remedy for human rights violations by business.
Contemporary Issues in Criminal Justice
This module explores a number of contemporary issues which have given rise to controversy within criminal justice processes with reference to different comparative models. A comparative method is employed to examine how these issues are treated across a range of different criminal justice systems.
Economic and Social Rights
This module begins with a consideration of the historical origins and philosophical underpinnings of economic and social rights (ESR). Key themes that will be developed throughout the course include perceptions of the nature of such rights and the related question of the extent to which such rights are, and should be, justiciable.
You will evaluate the different ways in which ESR are protected and implemented, both domestically and internationally. The module will consider litigation and judicial enforcement of ESR in various jurisdictions.
The module will equip you with the knowledge and understanding necessary to engage in, and critically analyse, the debates surrounding ESR that exist both amongst legal commentators and at a broader societal level.
EU Competition Law
The module examines the legal regulation of competition within the single and free market of the EU and serves as an introduction to basic legal and economic principles as well as to detailed study of the rules of Union law which seek to outlaw competitive behaviour.
EU Single Market Law
This module is concerned with the substantive area of European Union single market law - the four economic freedoms of goods, persons, services and capital. It includes an introduction to the EU institutions and the powers of the EU to construct the single market as a core element of Europe's "economic constitution". It assesses the effectiveness of regulation and harmonisation as the main tools of market construction.
Each of the four economic freedoms is analysed in depth using case studies to focus on issues such as the tension between economic freedoms, or "market rights" and other rights and values concerning the public interest, such as economic and social rights and environmental protection. The methods adopted by the Court of Justice to strike a balance between these interests is evaluated. Cross-cutting issues across the four freedoms are explored.
EU Trade Law, Brexit and International Relations
This module is concerned with the European Union's (EU) status as a global trade power. Subjects examined include:
- the EU's competence to conduct trade policy and its effectiveness to achieve objectives beyond trade
- the scope of Common Commercial Policy, EU/WTO relationship
- trade and human rights
- trade and development cooperation
- EU-UK trade relations in the wake of Brexit
Fair Trials, Human Rights and Criminal Justice
This module critically considers the concept of ‘fair trial’ in theory and practice. International human rights law, particularly as it derives from Article 6 of the European Convention on Human Rights, will naturally be central to this inquiry. But the law of human rights is neither our starting point nor our final destination. More ambitiously, this option draws on criminal justice, socio-legal and comparative approaches and perspectives in order to place the law and practice of English criminal trials in their broader legal, political, social, and moral contexts.
Although some points of law and practice will be treated in detail, developing an exhaustive account of English criminal trials is not the principal objective. Rather, we will use these details as examples and case-studies to illustrate methodological issues, broader themes and trends in criminal policy, and international comparisons highlighting the ways in which western democracies have attempted, successfully or otherwise, to meet the challenges of integrating human rights law into their domestic criminal trial processes.
Global Competition Law and International Business
The module examines the global competition law development from the perspective of international business. In summary it uses the US, EU and Chinese competition regimes and high profile international business cases as targets for analysis.
It first critically examines the origins of global competition rules against international business, by focusing on EU, US and Chinese competition regimes on the one hand and international organizations on the other hand. It then examines in-depth the challenges faced by international business in the areas of international price cartel regulation, multiple regulations on abuse of market dominance and cross-border mergers. It further critically examine the public and private enforcements of competition rules against international business in the global context.
By critically examining the challenges faced by international business in both the substance and enforcement of global competition regulation, the module aims to engage and motivate you to undertake original thinking and explore innovative solutions to tackle the challenges.
Imprisonment and Human Rights
This module covers:
- human rights in prison
- place of imprisonment in the penal system
- conditions of imprisonment
- medical treatment of prisoners
- the prison regime and rights
- civil rights of prisoners
- security, order and discipline
- external control and supervision
- release of prisoners
- the future of imprisonment
International and Comparative Patent Law
The module will deal with the basic principles of patent law and it will do so from an international and comparative perspective. Special attention will be paid to European and US patent law before attention will turn to biotechnological inventions and a case study on stem cell patents.
International and Comparative Trade Mark Law
The module will deal with the basic principles of trade mark law and it will do so from an international and comparative perspective. Special attention will be paid to European and US trade mark law before attention will turn to passing-off and comparative advertising issues.
International Aspects of Corporate Law and Insolvency
The module covers the following:
- Introduction to company law, insolvency and global business operations
- Effective business forms for global operations: group structures and organisational patterns
- Companies crossing borders: doing business abroad
- Harmonisation of company laws and supranational business forms
- Regulating enterprise groups - a comparative and international perspective
- The quest for harmonisation and uniformity in insolvency
- The European Regulation on Insolvency Proceedings
- The UNCITRAL Model Law on Cross-Border Insolvency: a global solution for international insolvencies
- Insolvency of multinational enterprise groups
International Commercial Arbitration
This module offers the fundamentals of international commercial arbitration, the most important dispute resolution mechanism for international business transactions.
The module begins with the legal framework of international commercial arbitration. It then deals with jurisdiction of arbitration tribunals and certain procedural issues arising in arbitration practice. The module ends with the setting aside and recognition and enforcement of arbitral awards.
The module focuses mainly on English law of arbitration which is put in comparative perspective and compared and contrasted especially with the UNCITRAL Model Law on International Commercial Arbitration.
International Criminal Evidence
This module explores the strengths and weaknesses of different models of proof in both domesticand international criminal justice systems and the extent to which an international consensus is emerging around the principles of evidence and proof.
International Criminal Law
An introduction to international criminal law issues, with particular emphasis on institutions (such as Nuremberg and Tokyo IMTs, the ad hoc Tribunals and the International Criminal Court) as well as substantive and procedural aspects of international criminal law.
The module focuses on the institutional developments in international criminal law as well as the definition and application of the crimes of genocide, crimes against humanity, war crimes and aggression. Principles of liability and defences will also be covered.
International Human Rights Law
This module will introduce you to the law and practice related to international human rights. You will be encouraged to explore the foundations of international human rights law. The global, regional and national mechanisms of human rights protection will be introduced and evaluated.
A selection of substantive human rights will be examined and contemporary challenges to human rights protection will be discussed.
International Humanitarian Law
This module examines the legal constraints of international and national warfare. It traces the historical and contextual development of the law and focuses upon the principles which govern warfare. During the module, you will also study the mechanisms for the enforcement and the implementation of international humanitarian law.
International Investment Law
This module deals with key aspects of the international system for the regulation of foreign investment. The module focuses mainly on issues arising from investor-host state relations under Bilateral Investment Treaties or BITs but also touches upon international investment contracts. Special attention will be given to the means of regulating investment using BITs, including standards of treatment, such as fair and equitable treatment, full protection and security, national treatment and MFN, and breaches thereof, the taking of foreign property and the settlement of investment disputes by means of third party dispute settlement.
Attention will focus on the substantial and procedural aspects of international investment arbitration with specific reference to ICSID, as well as ad hoc arbitration, using UNCITRAL arbitration rules or the rules of other relevant arbitral fora.
International Law of the Sea
The course will cover five main areas:
- The history and evolution of law of the sea
- Maritime spaces under national jurisdiction
- Maritime spaces beyond national jurisdiction
- Humans and the ocean
International Law on the Use of Force
This module looks at principles and laws governing unilateral and multilateral resort to force by states under the United Nations Charter and in customary international law. Instances where force is permissible will be considered as well as the more controversial claims to use force.
International Sale of Goods
This module examines the body of rules and principles governing international sales transactions under two prominent legal regimes of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980), and English Sales Law.
Law, Development and the International Community
This module examines some of the relationships between law and development. After examining both the notion of development per se and the right to development as a human right, the module moves on to cover a number of individual issues where the relationship between law, development and human rights can be explored.
Subjects covered include:
- the concept of development and the role of international law in promoting "development"
- the regulation of aid
- the WTO and developing countries
- intellectual property and access to medication
- the protection of traditional knowledge
- food aid and food security
- sustainable development
- gender and development
Law of International Trade Finance
The module addresses the private law relating to the financial aspects of international trade, especially payment mechanisms and guarantees. Emphasis is placed upon the rules promulgated by the International Chamber of Commerce.
Minorities and International Human Rights Law
The module aims to provide a thorough grounding in the application of international law standards to minorities and indigenous peoples. There is a strong focus on the decisions of international and European courts and international human rights bodies.
Philosophical Foundations of Human Rights and Criminal Justice
A broadly-based introduction to the philosophical foundations of human rights and criminal justice, emphasising the moral and political underpinnings of legal rules, doctrines and principles.
The module first tackles perennial conceptual and methodological issues relating to the nature of "philosophical" inquiry and the challenges of scepticism. Thereafter, the model reconsiders key issues and questions in contemporary debates surrounding human rights and criminal justice through the contrasting lenses of two rival philosophical perspectives, utilitarianism and liberal deontology.
Principles of Public International Law
The module is primarily concerned with those customary and treaty rules governing relations between States. This module aims to give candidates a thorough grounding in the principles of PIL. The basic topics include:
- nature of international law
- actors in the international legal system
- jurisdiction and state responsibility
The Private International Law of Intellectual Property
This module will offer an in-depth analysis of the relationship between intellectual property and private international law. It will cover all aspects of jurisdiction and choice of law.
Public Procurement Law
This module examines issues relating to the regulation of public procurement from perspectives other than trade liberalisation. Issues covered include:
- the pursuit of value for money through competition
- avoidance of corruption
- procurement for privately-financed infrastructure projects
The module pays particular attention to the UNCITRAL Model Law on procurement and the procurement rules for developing countries' projects financed by the World Bank.
The Rights of the Child
The module will explore the rights of the child in international human rights law, focusing on topics such as the concepts of childhood and the best interests of the child, family rights and the right to family life, education, child soldiers, child labour, gender and the rights of the girl child.
United Nations Law
This module examines the international institutional law and general international law governing the United Nations, including the central organs (for example the Security Council and General Assembly), subsidiary organs (such as the UNEP and the UNDP), and the specialised agencies (for example, the WHO, UNESCO, ICAO).
- the UN's constitutional basis
- its legal personality and powers
- membership and budgetary matters
- representation and decision making
- sanctions regimes
- the UN's military options
- issues of responsibility, accountability and immunities
- the UN's contribution to the development and enforcement of international law
The World Trading System
This module deals with key aspects of World Trade Organisation law. The module focuses on:
- the institutional and organisational structure of the WTO and its dispute settlement system
- GATT 1994 (dealing with tariffs and other barriers to import of goods)
- GATS (the agreement regulating international trade in services)
- rules on unfair trade such as anti-dumping, subsidies and safeguards
Some attention is paid to the relationship between multilateral and regional and preferential trade and the relationship of trade to sustainable development, as well as consumer health and safety.