Module Title: Module Code:LA7001 Module Leader ... · 7 Engage in international legal debates; 8 Critically reflect on the research and writing process. ... the Conduct of Hostilities

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Module Title: International Law: Problems and Process

Module Code:LA7001 Level:7 Credit:30 ECTS credit:15

Module Leader: Barry Collins

Pre-requisite: None

Pre-cursor:None

Co-requisite: None

Excluded combinations :None

Location of delivery: UEL

Main aim(s) of the module: The main aim of the course is to stimulate a research interest in topical areas of international law and to develop research skills in both public and private international law. The course, intended as a core LLM module, presents a survey of key debates in public and private international law. It thereby provides a grounding in the skills and methodologies required for postgraduate study of international law.

Main Topics of Study: Theories of International Law Authority in International law Research resources in international law Reading international legal texts Self-Determination The Use of Force in International Law The Role of Human Rights in International Law

Conflict of laws, determination of jurisdiction, recognition and enforcement of foreign judgements.

Law of Obligations in private international law.

Rules governing international arbitral proceedings and arbitral jurisdiction.

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge

1 Research key public and private international law resources;

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2 Be familiar with key debates in both public and private international law; Thinking skills 3 Handle complex public and private international legal materials; 4 Critically analyse public and private international legal issues or conflicts; Subject-based practical skills 5 Sustain public and private international legal arguments; 6 Produce well-crafted public and private international legal analysis; Skills for life and work (general skills) 7 Engage in international legal debates; 8 Critically reflect on the research and writing process.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: Seminars and class discussions.

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: A research essay of no more than 3,600 words. A research diary of 1,200 words An oral examination on the written paper and research diary (18 minutes).

Weighting: 60% 20% 20%

Learning Outcomes demonstrated: 1 – 6 1 – 8 1 - 8

Reading and resources for the module Core

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Rosalyn Higgins, Problems and Process: International law and How We Use It (Oxford: Oxford University Press, 1994). Fleur Johns, Richard Joyce, Sundhya Pahuja (eds.) Events; The Force of International Law (Abingdon and new York: Routledge-Cavendish, 2010). Sundhya Pahuja, Decolonising International Law, Development, Economic Growth and the Politics of Universality, Cambridge: Cambridge University Press, 2011. Cassese, A. International law. (Oxford: Oxford University Press, 2004). Dixon, M. Textbook on international law. (Oxford: Oxford University Press, 2013). Kaczorowska, A. Public international law. (Abingdon: Routledge, 2015). Crawford, J. Brownlie’s principles of public international law. (Oxford: Oxford University Press, 2012). Current Editions of: Car I.: Statutes and Conventions on International Trade Law. (London: Cavendish) Stevens Fletcher I: Foundations & Perspectives of International Trade Law. (London: Sweet and Maxwell). Morris, The Conflict of Laws. (London: Sweet and Maxwell). Redfern A, Hunter M. Law and Practice of International Commercial Arbitration. Student ed. (London: Thomson, Sweet & Maxwell). Tovey G. Cracknell’s Law Students’ Companion: Conflicts of Law. (London: Old Bailey Press). Tweedleddale K & A. Arbitration Law. (London: Blackstone ) Recommended Evans, M. International law. (Oxford: Oxford University Press, 2014). Mansell, W. and K. Openshaw International law: a critical introduction. (Oxford and Portland: Hart Publishing, 2013). Shaw, M. International law. (Cambridge: Cambridge University Press, 2014). Wallace, R. and O. Martin-Ortega International law. (London: Sweet & Maxwell, 2016). Dixon, M., R. McCorquodale and S. Crawford Cases and materials on international law. (Oxford: Oxford University Press, 2011). Harris, D.J. and S. Sivakumaran Cases and materials on international law. (London: Sweet & Maxwell, 2015). J. Crawford and M. Koskenniemi, International Law (Cambridge: Cambridge University Press, 2012) 187-202 Y. Dinstein, the Conduct of Hostilities under the Law of International Armed Conflict (CUP, 2010) Antonio Cassese International Law (Oxford: Oxford University Press 2005) Dominic McGoldrick, From 9/11 to the Iraq War 2003: International Law in an age of complexity (Oxford: Hart 2004). Shabtai Rosenne, The Perplexity of International Law (Leiden: Martinus Nijhoff, 2004) Doris Buss and Ambreena Manji (eds.) International Law: Modernist Feminist Approaches (Oxford: Hart, 2005). David Chandler, From Kosovo to Kabul: Human Rights and International Intervention (London: Pluto Press, 2002). Stephen C Neff, The Legal Institution of Law (Cambridge: Cambridge University Press, 2003) Gerry Simpson, Great Powers and Outlaw States: Unequal sovereignties international legal order (Cambridge: Cambridge University Press, 2004). Ben Saul. Defining Terrorism in International Law (Oxford: Oxford University Press, 2006). James Cooper Hill, The Law of Sovereign Immunity and Terrorism (New York: Oceana Publications, 2006). Judith Gail Gardam, Necessity, Proportionality and the use of force by states (Cambridge: University of Cambridge Press, 2004)

Indicative learning and teaching time (10 hrs per credit):

Activity

1. Student/tutor interaction:

4

40 hours

Workshops, seminars and supervisions

2. Student learning time: 60 hours 200 hours

Class preparation Assignment preparation

Total hours (1 and 2):

300

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Module Specification Module Title: Dissertation

Module Code: LA7000 Level: 7 Credit: 60 ECTS credit: 30


Pre‐requisite: None

Pre‐cursor: None

Co‐requisite: None

Excluded combinations : Work‐Based Learning Project (Module Code TBC)


Main aim(s) of the module: The aim of the dissertation is to enable Students to initiate and carry through an academic inquiry outside the formal structure of the taught LLM Modules. Students select their own field of research and build on the knowledge and skills acquired in the taught LLM Modules.

Main topics of study:

Students have a free choice of a research topic.

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge 1. have a high level of competence in a chosen area of Law. 2. have a specialist knowledge of a situation, critical issue, doctrinal, theoretical, historical or policy‐related issue in a chosen area of law. Thinking skills 3 critically evaluate materials in a chosen area of law. 4. develop a systematic argument or analysis of a chosen area of law. Subject‐based practical skills 5. research issues in a chosen area of law. 6. will be a specialist the area of the dissertation Skills for life and work (general skills) 7. will have transferable skills in research and writing 8. can contribute to professional practice and policy formation.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Supervision by a allocated supervisor

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Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: Students are required to submit a Dissertation of 15,000 words

Weighting: 100%

Learning Outcomes demonstrated: 1‐8

Reading and resources for the module: This will vary according to the Student's chosen topic.


Activity

1. Student/tutor interaction: 9 hours

Activity and hours Skills Workshops Individual Supervision (6 hours).

2. Student learning time: 591 hours

Drafting the dissertation proposal, responding to comments thereon, collecting research materials, preparing drafts, revising drafts, preparing and submitting final version of the Dissertation.


600

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Module Specification Module Title: Financial Crime and Corporate Criminal Liability


Module Leader: Costantino Grasso


Pre‐cursor: None


Excluded combinations: None

Location of delivery: :

UEL

Main aim(s) of the module:

To establish students’ knowledge and critical understanding of financial crime offences from a domestic,European and international perspective.

To examine the most relevant legal issues related to fraud, bribery and corruption, money laundering,terrorism financing, tax evasion, insider trading and cybercrime.

To illustrate the UN, US and EU economic sanctions regimes.

To deal with issues related to proceeds and instruments of crime.

To gain an understating of the financial crime compliance measures adopted by corporations to fight againsteconomic crime offenses.


Distinctive features of economic crime offences.

The attribution of corporate criminal liability: The identification doctrine and the "failure‐to‐prevent" typeoffences.

Fraud: Types of fraud; analysis of the substantive offence; conspiracy to defraud; the jury in fraud trials; the fight against fraud at the European level and the protection of the EU’s financial interests.

Bribery and Corruption: History of corruption and of the related legal framework; economics of corruptionand the effect of globalisation on corrupt practices; the way in which corruption affects development; international legal instruments against corruption; the US Foreign Corrupt Practices Act and the UK BriberyAct 2010.

Money Laundering: Financial Action Task Force recommendations; the European Union response to moneylaundering (the Anti‐Money Laundering Directives); the regulatory system on anti‐money laundering and the role of the Financial Conduct Authority.

Terrorism Financing: Definition of terrorism; Financial Action Task Force recommendations; interrelationshipbetween money laundering and terrorism financing; the UK statutory framework (Terrorism Act 2000, Anti‐Terrorism, Crime and Security Act 2001, Counter Terrorism Act 2008).

Tax evasion: Distinction between tax evasion and tax avoidance; economics of tax havens; theoreticalperspectives on tax evasion (libertarianism, nationalism, fairness); the effect of globalisation on tax evasion;the influence of the financial crisis in the fight against tax evasion; financial institution and tax evasion; the"US fiscal imperialism"; the Foreign Account Tax Compliance Act; the US Tax Program for Swiss Banks.

Insider trading: Definition of insider trading; concepts of "material" and "non‐public" information; civil and criminal penalties for insider‐trading violations; insider trading and private corruption; the Market Abuse Directive.

Cybercrime: From computer abuse to cybercrime; forms of cybercrime; jurisdiction and harmonisation; the Council of Europe's Convention on Cybercrime; the European Union response to cybercrime (the EU Cybersecurity Strategy, the European Cybercrime Centre).

Concepts of proceeds of crime law.

Deferred prosecution agreements and corporate criminal liability.

Financial crime compliance, risk, and investment management.

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1. Gain knowledge and critical understanding of the most relevant financial crime offences: Fraud, bribery and corruption, money laundering, terrorism financing, tax evasion, insider trading and cybercrime.

2. Examine the historical development of economic crime and the related legislation. 3. Understand how globalisation has affected the diffusion of economic crime practices and the domestic and

international responses to prevent them. 4. Demonstrate a critical awareness of how deferred prosecution agreements have revolutionised the

approach to corporate criminal liability. 5. Acquire a knowledge of the ways in which corporations are trying to implement financial crime compliance

programmes to avoid corporate criminal responsibility. Thinking skills

6. Develop a critical understanding of the relationships between civil and criminal law in the context of financial crime.

7. Synthesise diverse ideas concerning different approaches to criminal law. 8. Acquire the ability to adopt different approaches to address economic crime issues.

Subject‐based practical skills

9. Apply the acquired knowledge to assess the financial crime risks that the conducting of certain business operations entails.

10. Recognise the links between the adoption and implementation of certain financial crime compliance solutions and the avoidance of corporate criminal liability.

Skills for life and work (general skills)

11. Synthesise diverse ideas concerning different cultural and historical settings. 12. Improve problem solving skills and enhance strategic thinking. 13. Acquire the ability to identify and critically evaluate different sources of information. 14. Enhance presentation skills and communications skills.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: The module will be delivered through lectures, seminars, and workshops. The lectures will be dedicated tofamiliarising students with the current state of the law of economic crime. Seminars and workshops will offeropportunities for critical discussion of readings and application of learning to case studies.

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary:

Essay of 4,500 words Individual presentation based on a case study of a prosecution, DPA or

NPA for a financial crime offence (22 minutes).

Weighting: 75% 25%

Learning Outcomes demonstrated: 1‐8, 11 9‐10, 12‐14

Reading and resources for the module: Core

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Nicholas Ryder, Financial Crime in the 21st Century: Law and Policy (Cheltenham, U.K.: Edward Elgar, 2011). Please note that, although the above‐mentioned book can be used as a general reference for this module, specialisedreadings are essential as determined for each topic/session. Please find the most relevant ones below: Alejandro Posadas, Combating Corruption under International Law, Duke Journal of Comparative & International Law(2000), Vol. 10(2): 345‐414 Peter Alldridge, The U.K. Bribery Act: “The Caffeinated Younger Sibling of the FCPA”, Ohio State Law Journal (2012), Vol. 73(5): 1181‐1216. Tracy A. Kaye, Innovations in the War on Tax Evasion, Brigham Young University Law Review (2014), Issue 2: 363‐414. Michael Edmund O'Neill, Old Crimes in New Bottles: Sanctioning Cybercrime, George Mason Law Review (2000), Vol. 9(2): 237‐288. Recommended Daniel Kaufmann, Corruption: The Facts, Foreign Policy (1997), 107: 114–131. Mohammed Ahmad Naheem, HSBC Swiss bank accounts‐AML compliance and money laundering implications, Journal of Financial Regulation & Compliance (2015), Vol. 23(3): 285–297. Anthony J. Colangelo, A Unified Approach to Extraterritoriality, Virginia Law Review (2011), Vol. 97(5): 1019‐1110. Susan W. Brenner, At Light Speed: Attribution and Response to Cybercrime/Terrorism/Warfare, Journal of Criminal Law and Criminology (2007), Vol. 97(2): 379‐476. Peter AIldridge and Ann Mumford, Tax evasion and the Proceeds of Crime Act 2002, Legal Studies (2005), Vol. 25(3): 353‐373.


Activity


Activity Lectures, workshops, seminars and supervisions


Activity (e.g. seminar reading and preparation/assignment preparation/ background reading/ on‐line activities etc):

Class preparation: 50 hours

Background reading: 64 hours

Assignment research and writing: 150 hours


300

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Module Specification Module Title: International Criminal Law

Module Code: LA7010 Level:7 Credit:30 ECTS credit:15



Pre‐cursor: None


Excluded combinations : None


Main aim(s) of the module: The aim of the module is to introduce students to the current debates about international criminal law, its doctrines and institutions with special reference to newly emerging legal order.


1. Historical Perspectives on the concept of International Criminal LawT 2. Theoretical Perspectives on International Criminal law: International Law, Universal Law, transnational law,

Cosmopolitan law. 3. The Nuremberg and Tokyo Trials 4. The International Criminal Tribunals for the For the Former Yugoslavia and Rwanda 5. The Statute of the International Criminal Court. 6. Existing crimes: war crimes, crimes against humanity and genocide 7. Emerging crimes: e.g. aggression and terrorism 8. Other international crimes: drugs, people trafficking, corruption 9. Jurisdiction,: municipal, universal and international 10. Issues of enforcement and international policing 11. The role of the United Nations and Regional Organizations

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge 1. to understand the doctrines of international criminal law 2. to understand the institutions of international criminal law

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Thinking skills 3. to critically read and engage with international criminal legal doctrine 4. to critically read and engage with scholarship in international criminal law Subject‐based practical skills 5. to be able to research international criminal law in the library and through electronic resources 6. to be able to construct legal arguments in the area Skills for life and work (general skills) 7. to be able to comment and engage with policy aspects of international criminal law 8. to be able to develop an area for legal practice

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: Lectures, seminars, workshops and supervisions

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary 1. essay of no more than 4,500 words [medium essay] agreed between the tutor and the candidate 2. a case study of a prosecution or attempted prosecution for an international crime at a municipal, regional or international tribunal, no more than 1,500 words

Weighting: 75% 25%

Learning Outcomes demonstrated: 1‐7 1‐8

Reading and resources for the module: Core Roger O’Keefe, International Criminal Law (Oxford: Oxford University Press, 2015) Robert Cryer, Hakan Friman, Darryl Robinson and Elizabeth Wilmshurst, An Introduction to International Criminal Law and Procedure (Cambridge: Cambridge University Press, 2010) William Schabas, An Introduction to the International Criminal Court, 4th edition (Cambridge University Press, 2011)

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Recommended David Hirsh, Law Against Genocide: Cosmopolitan Trials (Glasshouse Press, 2003) Dinah Shelton, International Crimes, Peace and Human Rights: The Role of the International Criminal Court (Transnational Publishers, 2000) Lela Sadat, The international Criminal Court and the Transformation of International Law: Justice for the New Millennium (Transnational Publishers, 2002) Stanley Cohen, States of denial: Knowing About Atrocities and Suffering (Polity Press 2000) Richard May and Markieke Wierde, International Criminal Evidence (Transnational Publihsres, 2003) M Cherif Bassiouni, International Criminal Law (Transnational Publshers, 1999) M Cherif Bassiouni, The Statue of the International criminal Court: A Documentary History (Transnational Publishers, 1998) Kriangsak Kittichaisaree, International Criminal Law (Oxford, 2001) Ilias Bantekas, Susan Nash and Mark Mackarel, International Criminal Law (Cavendish, 2001) Helen Durham and Timothy McCormack, The Changing Face of Armed Conflict on the efficiency of International Humanitarian Law (Kluwer Law International, 1999). Virginia Morris and Michael Scharf, An Insiders Guide to the International Criminal Tribunal on the Former Yugoslavia (Transnational Publishers, 1995) 2 Vols. Virginia Morris and Michael Scharf, The International Criminal Tribunal on Rwanda (Transnational Publishers, 1998), 2 vol.s Philip Piccigallo, The Japanese on Trial (University of Texas Press, 1979). BVA Rolling and Antonio Cassese, The Tokyo Trial and Beyond (Polity Press, 1993). Yoram Dinstein and Mala Tabory, War Crime in International Law (Martinus Nijhoff, 1996). Michael Manns, The Nuremberg War Crimes Trial 1945‐6 (Bedford/St Martins, 1997). George Ginsburgs and VN Kudriavtsev, The Nuremberg Trial in International Law (Martinus Nijhoff, 1990). Roger Clark and Madelein Sann, The Prosecution of International Crimes (Transaction Publishers, 1996) John Jones, The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda (Transnational Publishers, 1998). Geert Knoops, Defences in Contemporary International Criminal Law (Transnational Publishing, 2001). William Shabas, Introduction to the International Criminal Court (Cambridge University Press, 2001).

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Activity


40 Hours

Activity and hours (Defined as lectures, seminars, tutorials, project supervision, demonstrations, practical classes and workshops, supervised time in studio/workshop, fieldwork, external visits, work based learning (not placements), formative assessment) See further descriptions in guidance. Lectures. workshops, seminars and supervisions

2. Student learning time: 66 hours 30 hours 164 hours

Activity (e.g. seminar reading and preparation/assignment preparation/ background reading/ on‐line activities/group work/portfolio/diary preparation, unsupervised studio work etc):

Class preparation Background reading

Assignment preparation


300 hours

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Module Specification Module Title: War and Human Rights

Module Code: LA 7013 Level: 7 Credit: 30 ECTS credit: 15

Module Leader: Chandra Lekha Sriram


Pre‐cursor: None





This module considers the relationship of human rights to armed conflict mainly from a legal perspective but combined with historical, political and anthropological analysis.

It firstly considers the nature and development of contemporary armed conflicts, followed by an analysis of the constraints that international humanitarian law and human rights law place upon actors in both internal and international armed conflict.

This involves particular consideration of the increase of internal armed conflicts and the participation of non‐state actors, mainly armed groups, and the challenges for the application of international law in such contexts.

The module studies the scope and effects of the human rights violations committed in the context of contemporary armed conflicts and their legal qualification.

It considers the responses that have been taken in the wake of armed conflict to punish violations of human rights law and international humanitarian law, through prosecutions and other procedures at international level, including the ad hoc tribunals, hybrid tribunal and the International Criminal Court, and also in domestic courts of countries that have experienced conflict and distant countries.

In analysing accountability mechanisms and procedures the course deals with the critical dilemma of balancing peace and justice in conflict and post‐conflict situations. The analysis will draw from the study of a series of recently terminated or ongoing armed conflicts, through which the students will be able to understand how law is applied in practice.


War and Human rights: overview and general issues;

Relevant humanitarian and human rights law: evolution and content;

International crimes: definition and critical issues;

Accountability after conflict: institutions and processes, including the ad hoc tribunals, mixed tribunals, national courts, and the International Criminal Court.

Case studies, including the Former Yugoslavia, Sierra Leone, Sudan and/or the Democratic Republic of Congo. Each case will consider in detail one or more issues, such as the distinction between internal and international armed conflict, the participation of non‐state actors, elements of the crimes of genocide, war crimes and crimes against humanity, child soldiers, sexual violence in conflict, immunity and prosecution of Heads of State.

Future challenges and developments with regard to conflicts and human rights.

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1. Understand the legal framework for the protection of human rights in contemporary armed conflict as wellas the socio‐political context in which peace building activities and accountability processes take place.

2. Understand the different scholarly approaches to some of the most complex and challenging issues of thematter, as well as legal and political responses on the ground.

Thinking skills

3. Critically asses the normative systems and processes studied and apply the acquired knowledge to real armed conflict cases.

4. Identify the applicable law to each case study and identify whether different justice processes to those currently underway would be more suitable and why.

5. Present their ideas, discuss the ideas of others and challenge facts and theories presented to them. Subject‐based practical skills

6. Apply the law they have learn to discuss with their peers, reason alternative solutions and challenge thecurrent state of affairs in international law and international human rights and humanitarian law.

7. Learn the difficult balance needed when applying the law in highly sensitive and politicised environments, through the elaboration of memos, presentations in class and discussions of each memo the students.


8. Improve their critical analysis capacity, argumentative skills, both oral and in writing, their communicationskills through presentations and discussions in class and to team work through group exercises.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: The Module will be taught primarily by a combination of presentations by the lecturer, presentation by the students, class group work, individual research work and dynamic discussion in class.

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: Students will be required to submit a research paper of approximately 4,800 words [medium essay] at the end of the semester. Options for titles will beprovided in the course syllabus, and students may, in consultation with the tutor,propose their own topics.

Weighting: 80%


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Students will also be required to each write a discussion memo of about 1,200 words, on the topic of a selected week, which they will have to present in class. Each student should also participate in leading a discussion on the presentation of other student. The full mark will be obtained only if through the written memo, the presentation and the discussion.

20%

6‐8

Reading and resources for the module: Core The following list is indicative of the types of academic sources to which students will be referred. Detailed readinglists will be provided week by week, which will include up to date academic article as well as intergovernmental andnon‐governmental reports and multimedia materials. Ballentine, Karen, and Heiko Nitzschke, eds., Profiting from Peace: Managing the Resource Dimensions of Civil War(Boulder: Lynne Rienner, 2005). Bell, Christine, Human Rights and Peace Agreements (Oxford: Oxford University Press, 2003). Boas, Gideon and William Schabas, International criminal law developments in the case law of the ICTY (Leiden: Martinus Nijhof, 2003). Cassese, Antonio, International Criminal Law (Oxford: Oxford University Press, 2003). Recommended Clapham, Andrew, Human Rights Obligations of Non‐State Actors (Oxford: Oxford University Press, 2006). Hayner, Priscilla, Unspeakable Truths: Confronting State Terror and Atrocity (London: Routledge 2001). Paust, Jordan J., M. Cherif Bassiouni, Michael Scharf, Jimmy Gurul, Leila Sadat, Bruce Zagaris, and Sharon A. Williams,International Criminal Law (Durham, NC: Carolina Academic Press, 2000). Quenivet, Noelle and Shilan Shah‐Davis, International Law and Armed Conflicts: Challenges in the XXIst Century (The Hague: T.M.C. Asser Institute, 2010). Ratner, Steven R., and Jason S. Abrams, Accountability for Human Rights Atrocities in International Law and Practice (Oxford: Oxford University Press, 2001). Roht‐Arriaza, Naomi, Impunity and Human Rights in International Law and Practice (Oxford: Oxford University Press,1995). Romano, Cesare, Andre Nollkaemper, Jann Kleffner, eds., Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia (Oxford: Oxford University Press, 2004). Steiner, Henry J., Philip Alston and Ryan Goodman, International Human Rights in Context, 3rd edition (Oxford: Oxford University Press, 2008). Sriram, Chandra Lekha, Globalizing Justice for Mass Atrocities: A Revolution in Accountability (London: Routledge, 2005).

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Sriram, Chandra L., Olga Martin‐Ortega and Johanna Herman, War Conflict and Human Rights: Theory and Practice3d edition (Oxon: Routledge, 20107). Wallace, Rebecca M. M. and Olga Martin‐Ortega, International Law, 6th ed., (London: Sweet and Maxwell, 2009).


Activity


Activity and hours (Defined as lectures, seminars, tutorials, project supervision, demonstrations, practical classes and workshops, supervised time in studio/workshop, fieldwork, external visits, work based learning (not placements), formative assessment) See further descriptions in guidance. Varied mix of lecture, seminar, workshop: 35 hours

2. Student learning time:


Activity (e.g. seminar reading and preparation/assignment preparation/ background reading/ on‐line activities/group work/portfolio/diary, studio work etc): Preparation for class sessions: 66 hrs Background reading 30hrs Assignment preparation: 169 hours.


300 hours

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Module Specification Module Title: REGULATION AND GOVERNANCE OF ENERGY


Module Leader: Dr P. Schwartz


Pre‐cursor: None




Main aim(s) of the module: The module aims to provide students the opportunity to explore within a multidisciplinary and criticalframework, the regulatory and institutional aspects of the energy and natural resources and the widereconomic, business, environmental and technological issues that are fundamental to energy and mineraleconomies and market. It covers complex concepts and modes of regulation in areas of :

o Natural resources concepts in domestic and international context o The environment, energy security and sustainability law o Renewable energy and alternative energy industry o The WTO, natural resources Trade and Investment o The Resolution of minerals and energy disputes


1. International Agreements in the Sphere of Natural Resources

2. Energy Investments and Developing countries: Regulatory framework

3. WTO, natural resources Trade and Investment

4. The environment, energy security and sustainability law

5. International and UK Climate change law and policy

6. Energy regulation models and market structure

7. Legislation on Renewable Energy Resources and alternative energy industry

8. Energy Arbitration and Dispute Resolution

9. Introduction research methods and academic writing

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge 1) Be conversant with principles and international agreements governing natural resources 2) Demonstrate a coherent understanding of the issues in energy/mining investments

particularly in developing states

3) Appreciate the wider policy underpinnings which inform the global framework for regulatingoil and gas/petroleum, minerals and power transactions.

4) Appreciate the international legal framework for addressing climate change

5) Appreciate the multi-faceted nature and sources of contemporary energy regulation includingregulated markets, innovation, 'green funding' and infrastructure.

Thinking skills 6) Ability to form an independent opinion on the viability of the international mechanisms for

natural resources governance

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7) Ability to develop cogent views on various aspects of energy and natural resources law. 8) Ability to critically analyze legal instruments and literary texts Subject‐based practical skills 9) Ability to research and write on issues in energy and natural resources governance 10) Ability to apply theoretical and practical regulatory techniques for energy sustainability and

environmental improvements to real life situations and resolving complex problems 11) Carry out further research related to topics of study. Skills for life and work (general skills) 12) Proffer advice and participate in the formulation of policy and legal framework for energy

regulation. 13) Ability to contribute to debates on critical and contemporary issues in various areas of energy

and natural resources governance. 14) Work independently and reflecting on feedback to improve their performance. 15) Ability to research a variety of sources in libraries and on the internet, and, in particular, to

research and assess academic literature. 16) Particular elements of the programme encourage the development of general professional

capabilities, including, recognition of deadlines and effective time management.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes:

Lectures, Seminars and Workshops

Feedback will be provided at seminars. This may take the form of:

o Identifying a right or wrong answer o Enabling students to compare their responses with the responses from other students o Giving examples, alerting students to key points.

Assessment methods which enable students to demonstrate the learning outcomes for the module; A 6,000 word research paper on a topic chosen by thecandidate with the consultation and consent of the CourseCoordinator

Weighting: 100%



Makuch, K., Pereira R., (2012) Environmental and Energy Law , Wiley‐Blackwell

Kim Talus, (eds.) (2014) Research Handbook on International Energy Law (2014) Edward ElgarPublishing, UK

Recommended

Roggenkamp M. M., Barrera‐Hernández, L., Zillman, D. N., and del Guayo I., (eds) (2012) Energy Networks and the Law: Innovative Solutions in Changing Markets OUP

Victor, D.G., Hults, D.R., Thurber M., (2012) Oil and Governance: State‐Owned Enterprises and

the World Energy Supply CUP

Lindøe, P.H., Baram , M., and Renn O., (2013) Risk Governance of Offshore Oil and Gas

Operations CUP

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Bosselman , F., Eisen J.B., Rossi J., Spence, D.B., Weaver J.L (2010) Energy, Economics and the

Environment, Cases and materials 3rd Edition, Foundation Press

Sornarajah, M., (2010) The International Law on Foreign Investment, 3nd edn Cambridge

University Press

Ottinger R.L., (2013) Renewable Energy Law and Development: Case Study Analysis (Edward Elgar

Publishing Ltd

Hossain, K., (1979) Law and Policy in Petroleum Development – Changing Relations between

Transnationals and Governments, London: Frances Pinter Publishers Ltd

Bradbrook, A.J., Lyster, R., Ottinger,R.L, Xi, W., (eds) (2012) The Law of Energy for Sustainable

Development IUCN Academy of Environmental Law Research Studies

Ottinger,R.L, Robinson, N., Tafur, V., (2012) Compendium of Sustainable Energy Laws IUCN

Academy of Environmental Law Research Studies

Delvaux, B., EU Energy Law and Policy Issues: Volume 4 Intersentia Ltd Publisher Lyster, R., and Bradbrook, A., ( 2006) Energy Law and the Environment CUP

Helm, D., (2004) Energy, the State, and the Market: British Energy Policy Since 1979 OUP


Activity: 300 hours


Lectures, seminars and workshops 30 hours


Background reading 70 hours Seminar reading and preparation 65 hours

Assignment ‐ research and writing 135 hours


300 hours

1

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Module Specification

Module Title: Regulation of Financial Markets


Module Leader: Dr. Iwa Salami

Pre-requisite: Pre-cursor:

Co-requisite: Excluded combinations :



The main aims of this module is to study the framework and regulation of financial markets, focusing particularly on banking, capital markets and investment services. It focuses on regulatory issues and not on transactional aspects .The module also examines the economic and political rationales informing financial law and regulation. It provides an overview of financial regulation drawing on a comparative study of the law in key financial centres in the US, UK and the EU. It also considers in detail, the role of international regulatory standards for banks and capital markets as established by international standard setters such as Basel Committee on Banking Supervision and the International Organisation of Securities Commission (IOSCO). The module also considers financial regulation in emerging and frontier markets including Africa.


1. Introduction to Financial Markets and Regulation 2. The Elements of Banking Supervision 3. Lender of Last Resort and Banking Crises 4. Central Banking: Legal Articulation of Central Bank Independence and Accountability 5. Deposit Insurance 6. Introduction to Securities Regulation and Investor Protection 7. Fundamentals of Securities Regulation 8. Insider Trading and Conflicts of Interest 9. Regulating Financial Conglomerates 10. International Financial Regulation

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1. Have a detailed knowledge and critical understanding of the basic nature and operation of a financial market and financial intermediation at both domestic and international levels

2. Have a knowledge and understanding of recent developments at the international and European levels in the field of financial regulation especially with regard to capital requirement and the development of consolidated or group supervision

3. Have a knowledge and critical understanding of securities and capital markets as opposed to banking markets and distinct approaches to regulation which have to be adopted

4. Have a knowledge and critical understanding of the nature and function of a stock market or exchange

Thinking skills

5. Be able to evaluate and demonstrate a critical appreciation of relevant aspects of the topics studied

6. Be able to analyse in detail financial transactions on the markets and the role of law in such transactions

7. Be able to analyse the effectiveness of regulatory institutions domestically and internationally

Subject-based practical skills

8. Be able to understand and use English language proficiently in relation to financial regulatory issues

9. Be able to identify and retrieve up-to-date legal information, using paper and electronic means

10. Be able to apply principles studied to current occurrences on the international financial markets


11. Have the ability to identify financial regulatory issues in the financial press, journals and at conferences

12. Have the ability to appreciate the rationale behind existing and future financial regulatory regimes

13. Have analytical skills and be able to produce a reasoned argument on topical financial regulatory issues

14. Have an ability to use certain electronic information retrieval systems 15. Have an ability to express themselves clearly and accurately

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Lectures and Seminars Assessment methods which enable students to demonstrate the learning outcomes for the module: One 6,000 word essay

Weighting: 100%

Learning Outcomes demonstrated: 1-15

23

Reading and resources for the module: Core S. Valdez and P. Molyneux An Introduction to Global Financial Markets (2016). P. Wood, The Law and Practice of International Finance: University edition (Sweet & Maxwell Ltd,January 2008) H. S. Scott and A. Gelpern, International Finance: Law and Regulation, 3rdedn (Sweet & Maxwell 2012). I. Salami, Financial Regulation in Africa (Ashgate September 2012) Recommended P. Wood Maps of World Financial Law 6th ed (Sweet & Maxwell Ltd, January 2008) P. Wood, Set-Off and Netting, Derivatives, Clearing System 2nd ed (Sweet & Maxwell Ltd, June2007) G. Walker and M. Blair (ed) Financial markets and exchanges law (Oxford University Press, 2006) George Walker and M. Blair (ed) Financial services law (Oxford University Press, 2006) R. Lastra, Legal foundations of international monetary stability (Oxford University Press, 2006) J. Norton and Christos Hadjiemmanuil (ed), Global financial sector development (British Institute of International and Comparative Law, London 2005) E. Ferran and C. A.E. Goodhart (ed), Regulating financial services and markets in the twenty first century (Hart, 2001) G. Walker, International banking regulation: law, policy and practice (Kluwer Law International, London 2001) R. Lastra (ed) The reform of the international financial architecture (Kluwer Law International, 2000) R. Lastra, Central Banking and Banking Regulation (Financial Markets Group, 1996) Journals, Magazines, Newspapers: Journal of International Banking and Financial Law, Journal of Banking Regulation, the Financial Times, the economist magazine

Indicative learning and teaching time

Activity

24


Activity (e.g. lectures/seminars/tutorials/workshops etc): Lectures, seminars and workshops 40 hours


Activity (e.g. seminar reading and preparation/assignment preparation/ background reading/ on-line activities/group work/portfolio/diary, studio work etc): Background reading 60 hours Workshop preparation 60 hours Assignment research and writing 140


300 hours

25

26


Module Title: Law of International Finance


Module Leader: Dr. Iwa Salami

Pre-requisite: None Pre-cursor: None

Co-requisite: None Excluded combinations : None



This module is designed to examine the legal issues created by the international operations of largecommercial banks, merchant banks and investment banks. Although based primarily on a discussionand analysis of current London City Practices, reference to other relevant laws are examined. Thecourse has a strong comparative and international law content and emphasises a study of regulatoryissues and private international law considerations in the context of international finance.


1. Governing Law in International Financial Contracts 2. Term loan & Syndicated credit 3. International Bond Issues I: Terms of bonds 4. International Bond Issues II: Convertible and other equity-linked bonds; High yield notes;

Other special types of bond issue 5. Project Finance 6. Legal Aspect of Derivatives

27


16. Have a knowledge and critical understanding of the legal aspects of raising finance in the international markets

17. Have a knowledge and understanding of recent developments in the field of international financial regulation

18. Have a detailed knowledge and critical understanding of international bond issues 19. Have a detailed knowledge and critical understanding of international loans

Thinking skills

20. Be able to analyse in detail the role of law in international financial transactions 21. Be able to evaluate and demonstrate a critical appreciation of relevant aspects of the

topics studied

Subject-based practical skills

22. Be able to understand and use English language proficiently in relation to financial regulatory issues

23. Be able to identify and retrieve up-to-date legal information from reading the papers and relevant magazines such as the Financial Times and the economist and also through electronic means

24. Be able to apply principles studied to current occurrences on the international financial markets


25. Have the ability to apply topics studied to real life international financial transactions occurring in the financial markets and which are reported in the financial press.

26. Have analytical skills and be able to produce a reasoned argument on topical financial regulatory issues

27. Have the ability to engage in international financial law debates 28. Have an ability to use certain electronic information retrieval systems

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Lectures and Seminars Assessment methods which enable students to demonstrate the learning outcomes for the module: One 6,000 word essay.

Weighting: 100%


28

Reading and resources for the module: Core S Valdez and P. Molyneux An Introduction to Global Financial Markets (2016). Philip R. Wood, The Law and Practice of International Finance: University edition (Sweet & MaxwellLtd, January 2008) Hal S Scott and Anna Gelpern, International Finance: Law and Regulation,3rd edn (Sweet & Maxwell 2012). I Salami, Financial Regulation in Africa (Ashgate September 2012) Recommended Philip R. Wood, Maps of World Financial Law 6th ed (Sweet & Maxwell Ltd, January 2008) Philip R. Wood, International Loans, Bonds, Guarantees and Legal Opinions 2nd ed (Sweet & Maxwell Ltd, June 2007) Philip R. Wood, Project Finance, Securitisation, Subordinated Debt 2nd ed(Sweet & Maxwell Ltd, June 2007) Philip R. Wood, Conflict of Laws and International Finance 2nd ed (Sweet & Maxwell Ltd, July 2007) Philip R. Wood, Principles of International Insolvency 2nd ed (Sweet & Maxwell Ltd, June 2007) Philip R. Wood, Set-Off and Netting, Derivatives, Clearing System 2nd ed (Sweet & Maxwell Ltd, June 2007) George Walker and Michael Blair (ed) Financial markets and exchanges law (Oxford University Press, 2006) Rosa M. Lastra, Legal foundations of international monetary stability (Oxford University Press, 2006) Joseph J. Norton and Christos Hadjiemmanuil (ed), Global financial sector development (British Institute of International and Comparative Law, London 2005). Eilís Ferran and Charles A.E. Goodhart (ed), Regulating financial services and markets in the twentyfirst century (Hart, 2001) Rosa M. Lastra (ed) The reform of the international financial architecture (Kluwer Law International, 2000) Journals, Magazines, Newspapers: Journal of International Banking and Financial Law, Journal of Banking Regulation, the Financial Times, the economist magazine

Indicative learning and teaching time:

Activity 300 hours

1. Student/tutor Contact Time:

Activity (e.g. lectures/seminars/tutorials/workshops etc): Lectures, seminars and workshops 40 hours


Activity (e.g. seminar reading and preparation/assignment preparation/ background reading/ on-line activities/group work/portfolio/diary, studio work etc):

29

Background reading 60 hours Workshop preparation 60 hours Assignment research and writing 140


300 hours

30

Module Specification Module Title: Law of the World Trade Organization and Globalization

Module Code: LA7008 Level: LLM Credit:30 ECTS credit:

Module Leader: Kofi Oteng Kufuor


Pre‐cursor:None





The primary aim of this unit will be to introduce the students to complex international trade law issues. As the approach

will be interdisciplinary, at the end of the course, students in addition to the principles of international trade regulation

will also have an understanding of the history and politics of the post‐World War II trading regime. Students will also learn

to master a set of analytical and conceptual tools for analyzing the relationship between law and globalization. Focus

will be on global institutions and organizations and their impact on contemporary life


1] History and development of institutional structures ‐ from the GATT to the WTO:

2] The MFN Principle, National Treatment and Tariffs

3] Trade and the Developing countries

4] WTO Dispute settlement procedures

5] Regional Integration Agreements

6] The problem of dumping in world trade

7] The Agreement on Safeguards

8] Trade in agriculture

9] Introduction to Globalization

10] The Rise of Global Governance

11] The Globalization of Production

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12] Trade and the Environment


1. Locate critical issues and problems related to the world trading complex

. 2. Dissect the scale of the problems that states face in the wake of the increasing regulation of global economic

relations. 3. Show an appreciation off the legal arguments underpinning the WTO and globalization 4. Examine the expansion of the power of organs of global governance including but not limited to the WTO,

World Bank and the International Monetary Fund 5. Understand how the new world trading system has an impact of communities and business and the tools at

the disposal of governments to protect the same Thinking skills

6. Show the ability to reflect the importance if the WTO and globalization. 7. Acquire the skills needed to interpret law as it pertains to the WTO and globalization 8. Pull together varied strands of thought on the interpretation of the new global architecture4 9. Work independently with theoretical and practical problem solving and apply relevant and appropriate

methods for research and other knowledge production in an independent manner. Subject‐based practical skills

10. Students will know how and where to locate materials on the GATT/WTO legal system 11. Recognise the interrelated nature of the global economy and identify the links between national law and

economy and global laws and the global economy 12. Be familiar with the discourse and analytical concepts of the globalization research field 13. Apply the acquired knowledge and skills to new research areas in order to implement advanced work tasks

and projects and is able to disseminate independent work


14. Pull together competing concepts about WTO and also about globalization. 15. Reinforce the students’ ability to carry out research in the field. 16. Demonstrate an ability to marshal effective arguments in the discipline. 17. Improve problem solving skills and enhance strategic thinking.

32

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: WTO and Globalization will be delivered through lectures and seminars. The lectures will focus on sheddingintellectual light for the students, on how the global economic system is governed – through a combination of studyingthe political economy of law relating to the subject matter. We like look at critical issues concerning open markets,permissible contingent protection, global economic governance and resistance to this recent phenomenon. Classseminars will enable the class to engage in the rigorous discussion on the topics treated during lectures. Students willbe required to read and prepare thoroughly for class so as to engage in maximum seminar participation,


Assessment is by an essay of not more than 6000 words

Weighting: 100%

Learning Outcomes demonstrated 1‐17

Reading and resources for the module: These must be up to date and presented in correct Harvard format unless a Professional Body specifically requires a different format Core Michael Trebilcock, Robert Howse, Antonia Eliason, The Regulation of International Trade, (4th edition, 2012) Routledge, Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading System, (2009) George A. Bermann and Petros C. Mavroidis (eds.), WTO Law and Developing Countries (2003) Cambridge University Press Robert Hudec, Developing Countries in the GATT/WTO Legal System (2014) Cambridge University Press

Jean-Bernard Auby, Globalisation, Law and the State, (Hardback 2010) Bloomsbury Publishing

Karl Polanyi, Christian Joerges, Josef Falke (eds.) Globalisation and the Potential of Law in

Transnational Markets (2011) Hart Publishing

Recommended

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Peter Van den Bossche and Werner Zdouc) The Law and Policy of the World Trade Organization, 3rd edition (Cambridge University Press, 2013)

Karl Polanyi, Christian Joerges, Josef Falke (eds.) Globalisation and the Potential of Law in

Transnational Markets (2011) Hart Publishing


Activity

1. Student/tutor interaction: (40 hours)

Seminars, in‐class discussion, student presentations

2. Student learning time: (260 hours)

Seminar reading and preparation; coursework research and writing, presentation preparation.


300

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Module Specification Module Title: Business Ethics and Corporate Social Responsibility


Module Leader: Costantino Grasso


Pre‐cursor: None


Excluded combinations: None

Location of delivery: UEL / Other / By distance learning (please delete as appropriate)


To consider the different theories on the role of the corporation in society and the theoretical arguments forbusinesses taking on human rights responsibilities.

To evaluate the magnitude of the risk that unethical corporate conducts poses for our society.

To examine several key events in which the adoption of unethical corporate behaviours led to the infringement of fundamental rights and produced adverse effects on the corporate world and the broadersociety.

To gain an understanding of the relationship between law‐abiding and morally reflective behaviours in the corporate environment.

To understand the concept of corporate social responsibility and distinguish between voluntary and legallybinding corporate social responsibility solutions.

To introduce students to ethics illustrating and discuss the potential relationship between law, morality, andreligion.

To examine the most relevant ethical issues from a perspective that is both internal (e.g. problems ofdiscrimination in hiring and promotion) and external (e.g. consumer, governmental and environmental problems) to business.

To establish students’ knowledge and critical understanding of contemporary economic globalizationexamining the most relevant issues related to trade, investment, and migration.

Main topics of study PART I Introduction to business ethics and corporate social responsibility

The role of corporations in our society. A theoretical approach.

Introduction to ethics and the relationship between law, morality, and religion.

Analysis of key historical events linked to unethical corporate conducts (e.g. the Thalidomide, Ogoniland, Deepwater Horizon, and McLibel cases).

Ethics and Globalisation: Analysis of the phenomenon and its distinctive features; challenges and threats of globalisation (e.g. double standards, inequality, and climate change); case studies of controversies createdby overseas corporate investments.

Ethics of Multinational Corporations: The main issues raised by multinational enterprises which conduct theirbusiness abroad, with a specific focus on developing countries (e.g. labour rights, environmental harms,fraud and corruption, executives' obligations to shareholders and stakeholders).

The Establishment of Moral Organisations: The way in which corporations might be designed to foster moralbehaviours; codes of business ethics; the role of compliance officers; domestic and international guidelines.

The concept of corporate social responsibility and the difference between interventionism and voluntarism.PART II Critical inquiries into the most relevant corporate social responsibility areas of intervention and

controversial ethical issues

Ethics of Corporate Power and Wealth: Commercial activities and conflicts of interest; bribery and corruptionin the corporate world; business and politics (lobbying and corporate campaign contributions).

Sustainable Development, Environmental Ethics and Business: Interactions between corporate commercialactivities and the natural environment and its protection with a specific focus on climate change.

Standards of Health, Safety, and Security: Hazards, people and technology, the role of standards of health, safety, and security, the concept of product safety;

35

Bioethics and Corporate Activities: Origins of bioethics; relationship between bioethics and human rights; the concept of a "principled resolution" as the foundation for bioethics mediation.

Professional and Legal Ethics: A case‐oriented approach to ethical decision making for professionals; the non‐traditional attorney‐client relationship generated by the global firms, its conflicts of interest and other ethical challenges.


15. Identify key issues and problems related to the lack of responsibility in the approach to corporate businessoperations.

16. Appreciate magnitude of the risk that unethical corporate conducts poses for our society. 17. Demonstrate a critical awareness of the different approaches to corporate social responsibility. 18. Gain knowledge and critical understanding of the basic concepts of ethics, as well as of the relationship (if

any) between morality, law and religion. 19. Examine the most relevant ethical issues from a perspective both internal (e.g. problems of discrimination

in hiring and promotion) and external (e.g. consumer, governmental and environmental problems) tobusiness.

20. Understand how globalisation has affected the conduct of corporate business creating new and more burning ethical problems (e.g. double standards and equality).

21. Demonstrate a critical awareness of how corporate wealth and power might generate conflicts of interest,bribery and corruption, and influence the political world through lobbying.

22. Acquire a knowledge of the ways in which corporations might be designed in order to encourage the adoption of ethical behaviours.

Thinking skills

23. Demonstrate the capacity to reflect on the significance of key historical events. 24. Acquire the ability to adopt different theoretical approaches to address ethical issues in the business

world. 25. Synthesise diverse ideas concerning different approaches to corporate ethics. 26. Develop a critical understanding of the non‐traditional attorney‐client relationship generated by the global

firms, its conflicts of interest and other ethical challenges. Subject‐based practical skills

27. Apply the knowledge acquired in order to assess the currently implemented corporate social responsibility solutions and their application in a critical way.

28. Apply the acquired knowledge to the ethical decision‐making process for legal professionals. 29. Recognise the links between the adoption of certain corporate social responsibility solutions and the

performance of business operations. 30. Recognise the links between the adoption and implementation of codes of business conduct and

compliance programmes and the avoidance of unethical corporate behaviours. Skills for life and work (general skills)

31. Enhance information gathering and research skills 32. Improve problem solving skills and enhance strategic thinking.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: The module will be delivered through lectures, seminars, and workshops. The lectures will be dedicated tofamiliarising students with the current state of business ethics and corporate social responsibility debate. Seminars

36

and workshops will offer opportunities for critical discussion of readings and application of learning to case studies aswell as reflection on the experience of working and managing across cultures in students’ own organizations.


Essay of 4,500 words [medium essay] on a specific topic agreed

between the tutor and the candidate.

Individual or Team presentation based on a case study involving the necessity to adopt ethical decisions or corporate social responsibilitymeasures (22 minutes).

Weighting: 75% 25%

Learning Outcomes demonstrated: 1‐8, 9‐12, 16‐17, 13‐15, 18

Reading and resources for the module: These must be up to date and presented in correct Harvard format unless a Professional Body specifically requires a different format Core Archie B. Carroll, A History of Corporate Social Responsibility, in Andrew Cran et al. (eds), The Oxford Handbook of Corporate Social Responsibility (Oxford Univeristy Press, 2009). George G. Brenkert and Tom L. Beauchamp (eds.), The Oxford Handbook of Business Ethics (Oxford U.K.: Oxford University Press, 2010). Please note that, although the above‐mentioned books can be used as a general reference for this module, specialisedreadings are essential as determined for each topic/session. Please find the most relevant ones below: Craig Ehrlich, Is Business Ethics Necessary?, DePaul Business & Commercial Law Journal (2006), Vol 55(4): 55‐85. S. Prakash Sethi, Globalization and the good corporation: A need for proactive co‐existence, Journal of Business Ethics(2003), Vol. 43(1), pp. 21‐31. Archie B. Carroll, A History of Corporate Social Responsibility, in Andrew Cran et al. (eds), The Oxford Handbook of Corporate Social Responsibility (Oxford Univeristy Press, 2009). Christopher Stone, "Corporate Social Responsibility: What It Might Mean, If It Were Really to Matter," Iowa Law Review 71 (1985), pp. 557‐576 Sarah Altschuller, Dan Feldman and Lara Blecher, "Corporate Social Responsibility," The International Lawyer (2008), Vol. 42, pp. 489 Recommended Milton Friedman, “The Social Responsibility of Business is to Increase its Profits" The New York Times Magazine, September 13, 1970. Penelope Simons, "Corporate Volutarism and Human Rights," Industrial Relations (2004), Vol. 59(1), pp. 101. 2 Neil R. Luebke, Conflict of Interest as a Moral Category, Business & Professional Ethics Journal (1987)

Vol. 6(1), pp 66-81. 3 Antonio Argandoña, Corruption and Companies: The Use of Facilitating Payments, Journal of Business

Ethics (2005) Vol. 60: 251-264. 4 Richard L. Hall and Alan V. Deardorff, Lobbying as Legislative Subsidy, The American Political Science

Review (2006) Vol. 100(1): 69-84

37

Nancy Neveloff Dubler, A Principled Resolution: The Fulcrum for Bioethics Mediation, Law and Contemporary Problems (2011) Vol.74(3): 177‐200. Irma S. Russell, Keeping the Wheels on the Wagon: Observations on Issues of Legal Ethics for Lawyers Representing Business Organizations, Wyoming Law Review (2003), Vol. 3(2): 513‐545. Rob Atkinson, Connecting Business Ethics and Legal Ethics for the Common Good: Come, Let Us Reason Together, The Journal of Corporation Law (2004), Vol. 29: 469‐531.


Activity









300

38

Module Specification Module Title:

Economic Integration in Developing Countries

Module Code: LA7011 Level:7 Credit:30 ECTS credit: 15



Pre‐cursor: None




Main aim(s) of the module: This module focuses on economic integration in developing countries. It seeks to locate the process of regionalism within the framework of economic, legal and political development in economically disadvantaged parts of the world. This module adopts an approach to understanding the origins and development of treaty systems relating to economic integration in the developing world. Law is the fulcrum of the class yet the students are introduced to historical and sociological explanations as further interpretations for the emergence and dynamics of treaty systems.

Main topics of study: 1.Introduction to economic integration: patterns and history in global and regional perspectives. 2. Institutional and Organization Transformations

3. Trade Liberalisation Schemes

4. Trade Liberalisation Schemes

5. Militarism and regional integration

6. Integration from below: National territories as critical sites for successful regionalism

7. Radicalism in Latin American Integration

8. North‐South economic integration

9. Integration through jurisprudence: the role of courts

10. Future Directions in Regional Integration

39


1. Engage in critical examination of regional integration issues 2. Acquire competence in retrieving and summarising decisions of regional policy‐making bodies 3. solve problems related to economic integration in the developing world 4. formulate arguments in relating to economic integration in the developing world.

Thinking skills

5. Critically reflect on legal problems impacting on regional integration in the developing world 6. Engage in a constructive analysis of comparative integration systems 7. Reflect on the role of regional integration in the construction of the global economy


8. Students will be able to argue on and devise solutions for regional integration in the developing world Skills for life and work (general skills

9. Independent research skills. 10. Analytical skills.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Lectures, Seminars and Workshops

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: Coursework of not more than 6,000 words

Weighting: 100%



40

5 Clara Closa et al Comparative Regional Integration Governance and Legal Models (2016) Cambridge University Press

6 David Berry, Caribbean Integration Law (2014) Oxford University Press K.O.Kufuor. The Institutional Transformation of ECOWAS (2003) Ashagate K.O.Kufuor African Continental Union: Law, Problems and prospects, (2016, Carolina Academic press) Timothy Shaw and Frederik Soderbaum (eds.) Theories of New Regionalism: A Palgrave Theory, (2003) Palgrave Macmillan

7 John S.T. Quah, The Role of the Public Bureaucracy in Policy Implementation in Five ASEAN Countries (2016) Cambridge

Recommended Siow Yue Chia and Michael G. Plummer, ASEAN Economic Cooperation and Integration: Progress, Challenges and Future Directions (2015, Cambridge University Press) Jerry Ukaigwe, ECOWAS Law (Springer, 2016) Daniel H. Levine and Dawn Nagar (eds) Region‐building in Africa: Political and Economic Challenges (2016, Palgrave McMillan)


Activity









300

41

Module specification

Module Title: International Corporate Governance

Module Code: LA7019 Level: 7 Credits: 30 ECTS credit: 15

Module Leader: Dr Priscilla Schwartz

Pre‐requisite: None Pre‐cursor: None

Co‐requisite: None Excluded combinations : None


Main aim(s) of the module: The module aims to provide students with a comprehensive appreciation of the legal, theoretical and practical underpinnings of the operation and control of contemporary corporations. It introduces students to the evolving framework that seeks to regulate the intricate relationships between, and often conflicting interests of, the corporation and its board of directors, the management, shareholders and the broader society within which they operate. Whilst the module draws from English law, it is international and comparative in focus and exposes students to the evolving global corporate governance regimes. Topics:

Introduction: Corporations and Corporate Governance

Theories of Corporate Governance

Forms of Corporate Ownership and Control Internationally

Boards: Membership, Structure, Duties and Remuneration; and the Management of Risk

The Globalisation of Corporate Governance

Corporate Governance Framework in the United Kingdom

Comparative Corporate Governance I: The United States and Europe

Comparative Corporate Governance II: Emerging Market

Corporate Social Responsibility

Main aim(s) of the module: The module aims to provide students with a comprehensive appreciation of the legal, theoretical and practical underpinnings of the operation and control of contemporary corporations. It introduces students to the evolving framework that seeks to regulate the intricate relationships between, and often conflicting interests of, the corporation and its board of directors, the management, shareholders and the broader society within which they operate. Whilst the module draws from English law, it is international and comparative in focus and exposes students to the evolving global corporate governance regimes.


1) Demonstrate a comprehensive appreciation of the nature and structure of corporations

2) Be conversant with contemporary debates and leading research in global corporate governance

3) Demonstrate an in‐depth appreciation of the global legal and regulatory corporate governance reform initiatives

4) Appreciate the wider policy underpinnings and context which inform corporate governance legal and regulatory framework

Thinking skills 5) Undertake critical research in relation to global corporate governance

6) Develop an independent and cogent view point on the legal and regulatory framework of corporate governance issues for discussion and debate

Subject‐based practical skills 7) Apply the theoretical precepts of corporate governance best practices to real life situations

42

8) Develop the analytical skills necessary to analyse international and domestic legal and regulatory instruments

Skills for life and work (general skills) 9) Proffer advice and participate in the formulation of creative and effective corporate governance

regimes

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Lectures and Seminars

Assessment methods which enable students to demonstrate the learning outcomes for the module: One 6,000 word essay on a topic chosen by the candidate with the agreement of the module leader

Weighting: 100%

Learning Outcomes demonstrated 1 ‐ 9


Tricker, B, Corporate Governance: Principles, Policies and Practices, 2nd Edition, (Oxford: Oxford

University Press (OUP) 2012); (also Tricker, B (OUP 2008)

Clarke, T. International Corporate Governance: A Comparative Approach. (Routledge 2007)

Recommended

Farrar, J.H., Corporate Governance: Theories, Principles and Practice, 3rd ed. (OUP 2008)

Du Plessis, J. J., McConvill, J., & Bagaric, M Principles of Contemporary Corporate Governance, 2nd edn,

(CUP, Australia 2011)

Fundamentals of Corporate Governance, Clarke, T. and de la Rama, M. eds., (Sage Publications

London: Thousand Oaks California 2008)

Clarke, T. Theories of Corporate Governance: The Philosophical Foundations of Corporate Governance (

Routledge 2004)

Mallin, C.A, , Corporate Governance (Oxford University Press 2010)

Mallin, International Corporate Governance: A Case Study Approach (Edward Elgar 2006)

Luo, Y., Global Dimensions of Corporate Governance (Blackwell 2007)

Ali, P. and Gregoriou, G.N. International Corporate Governance After Sarbanes‐Oxley. (John Wiley and

Sons, New Jersey 2006)

Monks, R.A.G. and Minnow, N., Corporate Governance. 4th ed. (Blackwell 2008)

Solomon, J, Corporate Governance and Accountability, 3rd ed, (John Wiley and Sons 2010)

Warring, K. and Pierce, C. The Handbook of International Corporate Governance: A Definitive Guide. 2nd

ed. (The Institute of Directors, London 2009)


Activity 300 hours

1. Student/tutor interaction, some of which may be online:

Lectures, seminars and workshops (40 hours)

43


Background reading (60 hours)

Seminar/workshop preparation (60 hours)

Assignment research and writing (140 hours)

Total hours (1 and 2): 300 hours

44

45

Module Specification Module Title: International Environmental Law

Module Code:LA7009 Level: 7 Credit:30 ECTS credit:15



Pre‐cursor: None




Main aim(s) of the module: This course seeks to acquaint students with the basic principles of international environmental law. The course will

introduce students to intricate issues arising out of the regulation of the environment. It is expected that by the end of

the course students will have a good grasp of international environmental policy and regulation.

Main topics of study: 1] The Tragedy of the Commons

2] The history of international efforts to control the exploitation of the environment

3] International Environmental Law‐Making

4] Compliance with International Environmental Law:

5] The Desertification Convention:

6] The protection of global forests

7] Convention on International Trade in Endangered Species

8] The Whaling Convention

9] International Waste Trade

10] Climate Change and the Paris Protocol

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge 1.�Introduce the general international legal and institutional framework relating to the management of the environment; 2. Have a broad understanding of the law concerning the environment at the international level;

46

3. Know basic concepts and principles underlying the conservation and use of the environment at the international level; 4.�Acquire analytical tools with which they may understand the international legal framework of environmental law in its broader context, including political, economic, social and ecological dimensions Thinking skills 5. Understand the interrelatedness of environmental law 6. Incorporate environmental issues into broader study of law in society 7. Solve social problems drawing on aspects of environmental law and policy Subject‐based practical skills 8. To know how environmental organizations function 9. Play a role in environmental decision making in society 10. Understand how to resolve environmental disputes Skills for life and work (general skills) 11. Independent research skills. 12. Analytical skills.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Lectures, Seminars, Workshops

Assessment methods which enable students to demonstrate the learning outcomes for the module; Assessment is by an essay of not more than 6000 words

Weighting: 100%


Reading and resources for the module: Core Patricia Birnie, Alan Boyle & Catherine Redgwell, International Law and the Environment (Oxford: Oxford University Press, 2009). Daniel Bodansky, Jutta Brunnée & Ellen Hey eds, The Oxford Handbook of International Environmental Law (Oxford: Oxford University Press, 2007). Malgosia Fitzmaurice, David M. Ong & Panos Merkouris eds, Research Handbook on International Environmental Law (Cheltenham: Edward Elgar, 2010). David Leary & Balakrishna Pisupati eds, The Future of International Environmental Law (New York: United Nations University, 2010).

47

Philippe Sands, Jacqueline Peel with Adriana Fabra, Ruth MacKenzie, Principles of International Environmental Law (Cambridge: Cambridge University Press, 3rd ed. 2012) Recommended Pierre‐Marie Dupuy; Jorge E. Viñuales. International Environmental Law: a Modern Introduction (Cambridge University Press, 2015) Daniel Bodansky, Jutta Brunnée and Ellen Hey (eds) The Oxford Handbook of International Environmental Law (Oxford University Press, 2008).


Activity









300

48

Module Specification Module Title: International Human Rights


Module Leader: Professor Siraj Sait


Pre‐cursor: None




Main aim(s) of the module: This module aims to provide an overview of human rights international human rights, their enforcement mechanismsand the contexts in which they are implemented. The module juxtaposes the conceptual and normative frameworkfor international protection of rights with the prospects and strategies for their realisation through a range of methodsboth formal and informal and by the agency of diverse actors. The module critiques universal and regional humanrights regimes as well as domestic approaches through examination of a range of human rights issues. Throughout the Module, emphasis will be placed on examining the procedural and substantive provisions to examine goodpractices and testing tools and strategies.


1: Introduction: From major theoretical debates to Mechanisms 2: Human Rights Enforcement and the United Nations' system 3: Effectivess in the European system (ECHR) 4: Innovations from the African and American Human Rights systems 5: Enforcing Freedom from torture – War against Terror 6: Freedom of expression – Democracy and Society 7: Rights to land and property – Economic rights 8. Access to Finance – Financing development and infrastructure 8: Gender Equality and Age Responsive human rights tools 9. Human Rights Based Approach, development and governance 10: From Grassroots to Global Action – Development Goals and Implementation

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge 1. Identify, describe and discuss the theory and practice of the key international human rights instruments and mechanisms 2. Explore the definitions and domestic application of key international human rights instruments 3. Understanding of the political context globally and regionally in which human rights violations take place and how instruments are applied Thinking skills

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4. Comprehend and critically evaluate the enforcement of human rights in its legal and political context; 5. Compare and contrast the conceptualisation of rights under various treaties and their application globally and nationally by a range of actors Subject‐based practical skills 6. Understand the process and procedure for interpreting, promoting and applying various human rights through diverse means both formal and inform Skills for life and work (general skills) 7. Develop analytical skills 8. Develop Independent research skills.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: The module will be taught through presentations, interactive seminars and workshops, with student presentations and group work.

Assessment methods which enable students to demonstrate the learning outcomes for the module: Coursework – 6,000 word essay

Weighting: 100%


Reading and resources for the module: Core P. Alston & R. Goodman, International Human Rights, Oxford University Press (2013) M. Freeman, Human Rights: An Interdisciplinary Approach, 2nd edition, Polity (2011) Recommended Harris, O'Boyle and Warbrick, Law of the European Convention on Human Rights, 3rd edn (OUP, 2014) Ghandhi, S., Blackstone’s International Human Rights Documents (Oxford, OUP, 2010). Moeckli, D., et al, International Human Rights Law (Oxford: OUP, 2010). Lidewij V, and F Vanclay. "A HRBA to project induced displacement and resettlement." Impact Assessment and Project Appraisal 35.1 (2017): 34‐52.

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Gruskin, Sofia, and Madhury Ray. "Climate change and human rights: Roles, responsibilities and actions." Hum. Rights Defender 23 (2014): 14. Unruh, Jon D. "Pre‐emptive and advance techniques for war‐torn land and property rights reacquisition." Land Use Policy 38 (2014): 111‐122. Kalin, W. and Kunzli, J., The Law of International Human Rights Protection, (Oxford University Press, 2009) Alston, Philip, and Frederic Megret, eds.The United Nations and Human Rights: A Critical Appraisal. Second Edition. Oxford University Press, 2014. Battjes, Hemme. European Asylum Law And International Law (Leiden: Brill Academic Publishers, 2006) Letsas, A Theory of Interpretation of the European Convention on Human Rights, 2nd edn (OUP, 2009) Mowbray, The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights (Hart, 2004) Mowbray, Cases and Materials on the European Convention on Human Rights 3rd edn (OUP, 2012) van Dijk, van Hoof, van Rijn and Zwaak (eds), Theory and Practice of the European Convention on Human Rights 4th edn (Intersentia, 2006) Jeremy Waldron (ed.), Nonsense Upon Stilts: Bentham, Burke and Marx on the Rights of Man, Methuen, (1987) Beitz, Charles R. The idea of human rights. (Oxford: Oxford University Press, 2009). Gayle Binion, "Human Rights: A Feminist Perspective," 17 Human Rights Quarterly 515‐ 20. (1995) Forsythe, David P. Human Rights in International Relations. (Cambridge: 2000). Sen, Amartya, “Elements of a Thory of Human Rights”, Philosophy and Public Affairs, 32 (2004), 315 Waldron, Jeremy. Theories of Rights, (Oxford; Oxford University Press, 1984) Dudai, R Climate Change and Human Rights Practice Journal of Human Rights Practice 1(2):294‐307(2009) Dworkin, Ronald. Taking Rights Seriously, (London: Duckworth 1978) Beyani C (2007) Recent Developments in the African Human Rights System 2004‐2006. Human Rights Law Review, Vol. 7(3), 582‐608 (2007) Baderin MA, “Recent Developments in the African regional human rights system” (2005) 5 Human Rights Law Review 117 L. Burgorgue‐Larsen, A. Ubeda de Torres, The Inter‐American Court of Human Rights. Case law and Commentary, (Oxford, OUP, 2011) Yorke, Jon, ed.The right to life and the value of life: orientations in law, politics and ethics. (Routledge, 2016) Schabas, W.A., “The Abolition of the Death Penalty in International Law"

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(2nd edition, Cambridge: Cambridge University Press 1997) Alison L ‘Judicial sovereignty and the Human Rights Act 1998’ 61:1 Cambridge Law Journal 53‐65. (2002) Beatson, J. et al., Human rights: judicial protection in the United Kingdom. London: Sweet and Maxwell Ltd. (2008). British Institute of Human Rights Human rights in action –a toolkit for change, London: BIHR. (2010) Gearty, C, Can human rights survive? : The Hamlyn Lectures 2005. Cambridge: Cambridge University Press. (2006). Harvey, C 'Taking the next step? Achieving another Bill of Rights', European Human Rights Law Review 24(1): 24‐42. (2011) Leigh, I., Masterman, R., Making rights real: the Human Rights Act in its first decade, Oxford: Hart Publishing. (2008). Matthews, L., et al., Human rights act: changing lives. (London: British Institute of Human Rights 2008). Moeckli, D., Human rights and non‐discrimination in the 'war on terror'. (Oxford: Oxford University Press. 2008). Schabas, W, Unimaginable Atrocities: Justice, Politics and Rights at the War Crimes Tribunals, (Oxford: OUP, 2012) An‐Naim A Towards a Cross‐Cultural Approach to Defining International Standards of Human Rights: The Meaning of Cruel, Inhuman or Degrading Treatment, in Human Rights In Cross Cultural Perspectives (ed An‐Naim, Philadelphia 1992). Yamin A The Future in the Mirror: Incorporating Strategies for the Defence and Promotion of Economic, Social and Cultural Rights into the Mainstream Human Rights Agenda 28:4 Human Rights Quarterly1200‐1244. (2005)


Activity

1. Student/tutor interaction: (40 hours)


2. Student learning time: (260 hours)



300

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Module Title: International Law and Business

Module Code: LA7018 Level: 7 Credit: 30 ECTS credit:30

Module Leader: Dr Priscilla Schwartz

Pre-requisite: None Pre-cursor: None

Co-requisite: None Excluded combinations : None

Location of delivery: USS, UEL

Main aim(s) of the module: The module aims to provide students with an appreciation of the interface between international law and business through an analytical exploration of some key areas of International Law that shape, and is shaped, by business. In particular it seeks to introduce students to: a) the role of business in international norm creation and the manner in which international law norms

may be applied to business entities

b) the general principles, rationale and efficacy of global regulation of business

c) the manner in which some principles of domestic business have been elevated to the international arena.

Main topics of study: 1) The Nature and Sources of International Law

2) International Legal Personality and Non-state Entities: International Business entities as Actors in the International Legal Arena

3) International Business entities and International Norm Creation

4) The role of Global Governance Institutions in the Regulation of International Business: From Governmental Regulatory Bodies to Private International Regulatory Bodies

5) Implementation of Multilateral Regulation of Business

6) Enforcement of International Law at the Domestic Level

7) Corporate Liability in International Law

8) State Liability for Non-state Actors

9) “Private” Law in the International Arena: e.g. Principles of International Sales

10) International Law and Business Arbitration/ Dispute Resolution

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Learning outcomes for the module: At the end of this module, students will be able to: Knowledge

1. Appreciate the nature and sources of contemporary International Law

2. Be conversant with contemporary debates on the role of business in general, and corporations in particular, in international norm creation

3. Be conversant with leading literature on the role and legitimacy of global governance institutions in global business regulation

4. Appreciate the wider policy underpinnings which inform global business regulation

5. Demonstrate an appreciation of international law norms on legal personality and the liability of non-state actors

6. Demonstrate an appreciation of key principles of international sales law and Arbitration

Thinking skills 7. Undertake critical research in relation to the regulation of business in international law

8. Develop cogent views on the liability and accountability of non-state actors in general and business entities in particular, in International Law

9. Formulate independent views on the efficacy of international business dispute resolution

Subject-based practical skills 10. Apply the theoretical precepts of international law business regulation and liability to real life

situations

Skills for life and work (general skills) 11. Proffer advice and participate in the formulation of business regulation regime

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Lectures and Seminar Assessment methods which enable students to demonstrate the learning outcomes for the module: A 6,000 word essay on a topic chosen by the candidate with the consultation and consent of the Course Coordinator

Weighting: 100%

Learning Outcomes demonstrated 1 - 11

Reading and resources for the module: Core August, R., Mayer, D., and Bixby, M. 2008. International Business Law: Text, Cases and Readings.

5th ed. New Jersey: Prentice Hall. Leslie Hamilton & Philip Webster (2015) The International Business Environment 3rd Edition OUP Recommended Joachim, J. , Reinalda, B. and Verbeek, B.2008. International Organisations and Implementation:

Enforcers, Managers, Authorities? Abingdon: Routledge.

Karns, M.P. and Mingst, KA. 2009. International Organisations: The Politics and Processes of Global Governance. 2nd ed. Portland: Lynne Rienner.

Tully, S., 2007. Corporations and International Law Making. Leiden: Martinus Nijhoff.

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Mattli, W. And Woods, N. eds.2009.The Politics of Global Regulation. New Jersey. Princeton University Press.

Morrissey, J.F. and Graves, J.M. 2008. International Sales Law and Arbitration: Problems, Cases and Commentary. Alphen aan den Rijn: Kluwer Law International.

Muchlinski, P. 2007. Multinational Enterprises and the Law Oxford: Oxford University Press

Noortmann, M. and Ryngaert, C. eds. 2010. Non-state Actor Dynamics in International Law: From Law-Takers to Law-Makers. Farnham: Ashgate Publishing.

Schaffer, R., Agusti, F. and Earle, B. 2009. International Law and its Environment. Mason: South-Western Cengage.

Schlechtriem, P. and Butler, P. 2009. UN Law on International Sales: Un Convention on the International Sale of Goods. Berlin: Springer-Verlag.


Activity 300 hours

1. Student/tutor interaction, some of which may be online:



Activity (e.g. seminar reading and preparation/assignment preparation/ background reading/ on-line activities/group work/portfolio/diary, studio work etc): Background reading 70 hours Workshop preparation 65 hours Assignment research and writing 135 hours

Total hours (1 and 2): 300 hours

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Module Specification Module Title: International Refugee Law

Module Code: LA7011 Level: 7 Credit: 30 ECTS credit:15

Module Leader: Professor Siraj Sait


Pre‐cursor: None




Main aim(s) of the module: This module aims to provide an overview of contemporary international protection framework and practice relating to refugees and Internally Displaced Persons. It explores the theoretical, philosophical, political and socio‐cultural dimensions of the refugee crisis from an interdisciplinary perspective. The module focuses on the global and regionalinstitutional mechanisms redressing human rights violations through case studies. It also discusses domesticapplication of international refugee standards by reviewing the legislative developments in the field of UKImmigration and Refugee practice and policy trends in Europe: and its impact on domestic refugee policy.


Conflict, Refugees and Human Rights Key Features Of The 1951 Convention Human Rights And Protection Of Refugees Fortess Europe, ECHR And Refugees Uk Asylum Law & Practice Impact Of The Human Rights Act Gender Persecution And Child Refugees Internally Displaced Persons Post 9/11 Asylum: Protection & Non ‐Refoulement

Learning Outcomes for the module At the end of this module, students will be able to: Knowledge 1. Identify, describe and discuss the theory and practice of the key international instruments particularly Convention for the Status of Refugees (CSR);

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2. Explore the definitions and domestic application of CSR 3. Understand of the refugee context globally and regionally, in which CSR and other instruments are applied; Thinking skills 4. Comprehend and critically evaluate the notion of the CSRin its legal and political context; 5. Compare and contrast the rights under the Convention and their application globally and nationally; Subject‐based practical skills 6. Understand the process and procedure for interpreting and applying the CSR Skills for life and work (general skills) 7. Analytical skills 8. Independent research skills.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students: The module will be taught through presentations, interactive seminars and workshops, with student presentations and group work.

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: Coursework – 6,000 word essay

Weighting: 100%


Reading and resources for the module: Core G. Goodwin‐Gill and J. McAdam, The Refugee in International Law (Oxford: Oxford University Press, 2007) Gina Clayton, Textbook on Immigration and Asylum Law (Oxford: Oxford, 2014) Recommended Harris, O'Boyle and Warbrick, Law of the European Convention on Human Rights, 3rd edn (OUP, 2014) Alborzi, M. R. Evaluating the Effectiveness of International Refugee Law: The Protection of Iraqi Refugees (Leiden: Martinus Nijhoff, 2006)

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Arulanantham, A 'Restructured safe havens: A proposal for reform of the refugee protection system', 22:1 Human Rights Quarterly (2000) Wong, Carolyn. Immigration Lobbyists: Identity and Interest Groups in Immigration Lawmaking (Palo Alto, CA: Stanford University Press, 2006) Chan, PCW ‘The Protection of Refugees and Internally Displaced Persons: Non‐refoulement under Customary International Law?’, The International Journal of Human Rights 10: 3 (2006) 231‐239. Special issue: ‘Fridtjof Nansen and the International Protection of Refugees’ 22:1 Refugee Survey Quarterly (April 2003) Battjes, Hemme. European Asylum Law And International Law (Leiden: Brill Academic Publishers, 2006) Foster, Michelle. International Refugee Law and Socio‐Economic Rights: Refuge from Deprivation. (Cambridge: Cambridge University Press, 2007) Bayefsky, Anne F. (ed.) Human Rights and Refugees, Internally Displaced Persons and Migrant Workers: Essays in Memory of Joan Fitzpatrick and Arthur Helton (Leiden: Brill Academic Publishers, 2006) Anker, Deborah E. ‘Refugee Law, Gender, and the Human Rights Paradigm’, 15 Harvard Human Rights Journal pp. 133‐154 (2002) Jacobs, White and Ovey, The European Convention on Human Rights 6th edn (OUP, 2014) Letsas, A Theory of Interpretation of the European Convention on Human Rights, 2nd edn (OUP, 2009) Mowbray, The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights (Hart, 2004) Mowbray, Cases and Materials on the European Convention on Human Rights 3rd edn (OUP, 2012) van Dijk, van Hoof, van Rijn and Zwaak (eds), Theory and Practice of the European Convention on Human Rights 4th edn (Intersentia, 2006)


Activity



2. Student learning time: Class preparation: 40 hours Background reading: 40 hours Assignment preparation: 180 hours


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300

60

Module Specification Module Title: OIL AND GAS LAW AND POLICY

Module Code: LA7021

Level: 7

Credit: 30

ECTS credit:15

Module Leader: Dr P. Schwartz


Pre‐cursor: None




Main aim(s) of the module: The module aims to provide a comparative and analytical exploration of contemporary upstream anddownstream oil and gas and minerals regulatory trends particularly in Africa, Asia, Europe and the MiddleEast in some key areas like Oil and Gas Law, Contracting, Decommissioning and Trade. In particular itseeks to give students a thorough grounding in the areas :

o Oil and Gas finance and international economic law o Energy transactions ‐ Law, policy and practice o Petroleum development and production arrangements and Rights o Energy and the International treaty framework

Main topics of study: 1. Historical Background: themes in international petroleum business and the state of the

international petroleum industry 2. Main issues and current trends in the international petroleum investment 3. Petroleum Policies, Objectives and Legislation 4. Methods of Obtaining Petroleum Development Rights ‐ licence‐based and contract‐based

petroleum legislation 5. Development and Production: Modern Concession Contracts 6. Production Sharing Contracts (PSCs) :Essential Features, comparative models 7. Risk Service Contracts 8. Joint Ventures, Hybrid Arrangements and State Participation 9. Contractual Stabilisation and Adaptation Mechanisms; Takings and International Investment Law 10. International Treaty Law Framework: Bilateral Investment Treaties and Energy Charter Treaty


1) Be conversant with current debates on the role of energy investments to the domesticand global economy

2) Demonstrate a coherent understanding of the law and policy relating to oil and gasdevelopment, processing and distribution.

3) Demonstrate an understanding of the interaction of the public and private aspects in energy investments

4) Appreciate the methods and models of energy contracting and related arrangements Thinking skills

5) Ability to formulate independent views on the efficacy of the legal framework for oil andgas/petroleum transactions.

6) Ability to critically analyze legal instruments and literary texts Subject‐based practical skills

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7) Ability to research and write in the areas of Oil and Gas/petroleum law and agreements 8) Ability to develop commercial and competitive rationality in project design or analysis.


9) Ability to opine or advice on energy law and policy 10) Ability to undertake research from a variety of sources and assess legal and literary

materials 11) Ability to contribute to public debates on critical industry issues 12) Work independently and reflect on feedback to improve performance. 13) Professional capability is enhanced through recognition of deadlines and effective time

management

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: For on campus students:

Lectures, seminars and workshops Feedback will be provided at seminar and workshop activities. This may take the form of:

• identifying a right or wrong answer • enabling students to compare their responses with the responses from other students • giving examples, alerting students to key points.

Assessment methods which enable students to demonstrate the learning outcomes for the module: A 6,000 word research essay

Weighting: 100%


Reading and resources for the module: Core 1) Taverne, B., (2013) Petroleum, Industry and Governments: A Study of the Involvement of

Industry and Governments in the Production and Use of Petroleum, 3rd edition Kluwer Law International

2) 2. Kim Talus, (eds.) (2014) Research Handbook on International Energy Law (2014)Edward Elgar Publishing, UK

Recommended 1) Walde,T., Ndi, G., Waelde A., (eds) (2001) International Oil and Gas Investment: Moving

Eastward? :International energy & resources law & policy Kluwer Law International 2) Roberts, P., (2012) Joint Operating Agreements A Practical Guide, 2nd Edition, Globe Law

and Business Publishers 3) Peter Roberts (2013) Petroleum Contracts - English Law and Practice OUP 4) Duval, C., Le Leuch H., Pertuzio A., Weaver J.L., (2009) International Petroleum Exploration

and Exploitation Agreements: Legal, Economic and Policy Aspects 2nd edn (BarrowsCompany, New York) .

5) Hammerson, M., (2012) Oil and Gas Decommissioning: Law, Policy and ComparativePractice Globe Law and Business Publisher

6) Smith, E.E., Dzienkowski J. S., Anderson O.L, Lowe J.S, Kramer B. M, Weaver, J.L (2010)International Petroleum Transactions (3rd edn, Rocky Mountain Mineral Law Foundation,

7) Bunter M. A. G., (2002) The Promotion and Licensing of Petroleum Prospective Acreage,Kluwer Law International

8) Alramahi, M., Karlberg, J., Moller, L., Oil and Gas Law in the UK Publisher: BloomsburyProfessional

9) Waelde T., and Ndi G.K., (eds), (1994) International Oil and Gas Investment: MovingEastward Graham & Trotman /Martinus Ninjhoff Publishers

10) Sornarajah, M., (2010) The International Law on Foreign Investment, 3nd edn CambridgeUniversity Press

11) Hossain, K., (1979) Law and Policy in Petroleum Development – Changing Relations between Transnationals and Governments, London: Frances Pinter Publishers Ltd

12) Muchlinski, P., (2007) Multinational Enterprises and the Law 2nd edition, OUP

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Activity 300 hours




Background reading 70 hours Seminar reading and preparation 65 hours Assignment research and writing 135 hours


300 hours

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Module Specification Module Title: Work Based Project

Module Code: TBC Level: 7 Credit: 60 ECTS credit: 30:



Pre‐cursor: None


Excluded combinations : LA7000 (LLM Dissertation)



The aim of this module is to give students the opportunity to work as an intern with an organisation on a specific project relevant both to both their work and their LLM studies. Students will write an extended piece of research on a project agreed with both the School and the host organisation.


Clarifying aims and outcomes for a work‐based research project

Undertaking independent research

Independent working and team work

Reflection on professional development

Producing a written report which can be of value to the host organisation.

Learning Outcomes for the Module At the end of this Module, students will be able to: Knowledge

1. Demonstrate the effective application and enhancement of subject knowledge and skills gained on the programme.

Thinking skills

2. Negotiate, manage and evaluate an organisation based project ;

3. Display an ability to critically reflect on professional development;


4. Synthesise material from other areas of study to enable successful completion of the activity.

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5. Demonstrate the ability to effectively analyse problems and issues employing a range of appropriate concepts, theories and approaches.

6. Reflect on the experience by way of a personal development journal identifying and evaluating the

application of knowledge and learning gained from the programme.


7. Devise a timetable and manage time to completion

Teaching/learning methods/strategies used to enable the achievement of learning outcomes: Workshops will be held with the students to explain the aims and requirements of the module. The student will submit a proposal to the LLM Placements Committee outlining the nature and scope of the project. Once this has been approved, a short learning/work agreement will be drawn up outlining the project. Throughout the term, a journal will be kept by the student as evidence of hours worked, activities dealt with, tasks completed, outcomes/outputs achieved and to document challenges that arose and how these were dealt with, aspects of working with others and independently plus professional development. The student will be advised to co‐ordinate with the Project supervisor throughout the project. Strong emphasis is placed on the student learning from experience. Students will have access to the Institute of Advanced Legal Studies, The British Library, UK Libraries Plus and to online Journal articles via Athens.

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: Assessment Project, up to 14,400 words Reflective Learning Journal (3,600 words)

Weighting: 80% 20%

Learning Outcomes demonstrated: 1‐7 3,6

Reading and resources for the module: requires a different format Core Herbert, I. and Rothwell, A. (2005) Managing your Placement: A skills‐based approach Basingstoke, Palgrave Macmillan The module leader will also provide handouts and reading lists as a response to the students’ requirements.

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Activity

1. Student/tutor interaction: 20 Hours

Workshops and one to one meetings.

2. Student learning time: 290 Hours

Contextual reading Project preparation and independent research

3. Internship 290 hours

Working on a specific project either at home, in the workplace or partly at both


600 hours

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Module Specification Module Title: Advocacy, Interventions and Practice

Module Code: TBC Level: 7 Credit: 30 ECTS credit: 15

Module Leader: Siraj Sait


Pre‐cursor: None





To provide an overview of the role of advocacy, various forms of interventions and legal practice in an

international context.

To explore the various entry points for human rights impact and activism to achieve the objectives of

protecting human rights, development and rule of law

To introduce the art of advocacy, including court etiquette, and rules and procedures


1. Entry points for promoting rule of law, development and Human Rights 2. On being a Human Rights Defender –politics, law and society 3. Negotiating the global systems – Choosing Instruments and Mechanisms 4. Agenda setting on the world stage – Creating Soft law, goals and targets 5. How to run a national campaign – Grassroots Activism and Change 6. How to develop policy and tools – Multistakeholder Approach 7. Strategic Litigation ‐ Legal Practice and Advocacy 8. Impact through research, communication and Press freedom 9. Implementation, Monitoring and Evaluation 10. Working in Challenging contexts and thematic areas


1. Demonstrate knowledge of a range of entry points and roles in promoting and protecting rule of law, development and human rights

2. Demonstrate knowledge of the procedures and dynamics of advocacy, campaigning, lobby and other forms of legal practice, interventions and political activism.

Thinking skills

3. Critically analyse the roles of an activist human rights defender and an advocate; 4. Critically analyse the effectiveness of advocacy, and various forms of intervention; 5. Evaluate the ethical, professional and practical dimensions of legal practice, various forms of

intervention and advocacy, including in an international context;


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6. Apply knowledge of advocacy in a practice-based problem question; 7. Apply advocacy skills in the context of campaigns, advocacy and court hearings;


8. Demonstrate effective communication, research and presentation skills

9. Argue cogently and persuasively in a legal, political and social context.

Teaching/ learning methods/strategies used to enable the achievement of learning outcomes: Seminars, classes and workshops

Assessment methods which enable students to demonstrate the learning outcomes for the module; please define as necessary: Oral submission (27 mins) Coursework, (4,200 words)

Weighting: 30% weighting 70% weighting

Learning Outcomes demonstrated: 1, 2, 4, 6, 7, 8, 9 1, 2, 3, 4, 5, 6, 8, 9

Reading and resources for the module: Core Books:

McPeake. P. (2016) Advocacy (18th edn) Oxford, OUP.

Elizabeth Bruch, Human Rights and Humanitarian Intervention: Law and Practice in the Field. Routledge 2016

Devaney, James Gerard (2016) Fact‐Finding before the International Court of Justice, Cambridge, Cambridge University Press

Recommended

Evans, Keith (2002) Golden Rules Of Advocacy, Oxford, Oxford Higher Education Thirlway, Hugh (2016) The International Court of Justice, Oxford, OUP (available as ebook)

Morley, Iain (2015) The Devil’s Advocate (3rd end), London, Sweet and Maxwell.

The International Court of Justice Handbook: http://legal.un.org/avl/pdf/rs/other_resources/manuel_en.pdf

OHCHR, A Human Rights‐Based Approach to Data: Leaving No One Behind in the 2030 Development Agenda (Geneva, 2016)

Karen Bennett, Danna Ingleton, Alice M. Nah & James Savage, Critical perspectives on the security and protection of human rights defenders International Journal of Human rights Prsctice Vol. 19 , Iss. 7,2015

Ron Dudai; Introduction—Rights Choices: Dilemmas of Human Rights Practice. J Hum Rights Pract 2014; 6 (3): 389‐398.

Nadia Bernaz, Irene Pietropaoli; The Role of Non‐Governmental Organizations in the Business and Human Rights Treaty Negotiations. J Hum Rights Pract 2017


Activity


Activity and hours (Defined as lectures, seminars, tutorials, project supervision, demonstrations, practical classes and workshops, supervised time in studio/workshop, fieldwork, external visits, work based learning (not placements), formative assessment) See further descriptions in guidance.

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Seminars, lectures and workshops: 40 hours



Class preparation and background reading: 100 hours Assignment preparation: 160 hours