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Graduate Studies - LLM Modules
Below is listed an overview of all postgraduate law modules. Full module details (staff information, credit rating, semester availability and pre-requisites) are listed in the module descriptions (pdf 641kb).
We regret that all modules may not be available at your time of entry.
Commercial Conflict of Laws: Choice of Law Issues (LW7010)
Availability: Semester Two
Pathway: International Commercial Law.
Credits: 15
Module Convenor: Lorna Gillies
Email: lorna.e.gillies@leicester.ac.uk
Pre-requisite: Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module provides an introduction to European choice of law rules and considers and assesses the application of choice of law rules as they apply to commercial transactions and disputes. It explores the policies that have influenced the development of those rules and considers the development and application of European choice of law rules in the context of, for example, tortuous and contractual liability. The module also considers proposals for reform of existing choice of law rules in the Rome Convention. (Continue over page)
Each of the following units comprises a one hour lecture followed the next week by a two hour seminar.
- Unit 1 Choice of law and contracts: introduction to the proper law of the contract and applicable law rules in the Rome Convention
- Unit 2 Choice of law and contracts: the Rome Convention 1980 – mandatory rules and public policy in the Rome Convention
- Unit 3 Choice of law rules and contract:: consumer and employment contracts in the Rome Convention
- Unit 4 Choice of law rules for torts
- Unit 5 Choice of law and electronic commerce: emerging issues
Commercial Conflict of Laws: Issues of Jurisdiction and the Enforcement of Foreign Judgments (LW7005)
Availability: Semester One
Pathway: International Commercial Law
Credits: 15
Module Convenor: Lorna Gillies
Email: lorna.e.gillies@leicester.ac.uk
Pre-requisite: Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module provides an introduction to English rules of jurisdiction, recognition and enforcement of judgments. It considers and assesses the application of jurisdiction rules as they apply to commercial transactions and disputes and also assesses the effectiveness of rules governing the recognition and enforcement of foreign judgments. The module explores the policies that have influenced the development of those rules and considers the development and application of English jurisdiction, recognition and enforcement rules in the context of commercial arbitration proceedings and electronic commerce transactions.
Each of the following units comprises a one hour lecture followed the next week by a two hour seminar.
- Unit 1 Traditional jurisdiction rules for commercial matters
- Unit 2 The Brussels 1 Regulation
- Unit 3 Recognition of foreign judgments
- Unit 4 Jurisdiction, recognition and enforcement in domestic and international commercial arbitration
- Unit 5 The development of jurisdiction rules for electronic commerce
Comparative, International and European Copyright (LW7246)
Availability: Semester One
Pathway: European Law & Integration; International Commercial Law
Credits: 15
Module Convenor: Andreas Rahmatian
Email: andreas.rahmatian@leicester.ac.uk
Pre-requisite: General knowledge of European law is required; no prior knowledge of intellectual property or commercial law is required.
Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module examines in some detail the nature of common law copyright and continental droit d’auteur systems and their particular features and differences. It gives students a general overview of both national, European and international basic features of the copyright/droit d’auteur systems which in turn affect European harmonisation directives in this field. The module provides a comprehensive assessment of European harmonisation as regards copyright (i.e. 7 directives) and looks at possible future issues.
- Unit 1 Introduction to Intellectual Property and Copyright
- Unit 2 Exclusive Rights and Exceptions in Copyright
- Unit 3 International Protection of Copyright
- Unit 4 The Current Stage of European Copyright Harmonisation
- Unit 5 The Future of Copyright: European and International Trends
Comparative Law (LW7014)
Availability: Semester One
Pathway: Legal Research
Credits: 15
Module Convenors: Professor Mads Andenas and Dr Camilla Andersen
Email: mads.andenas@leicester.ac.uk and camilla.b.andersen@leicester.ac.uk
Pre-requisite: None
There are few or no research areas in today’s globalised legal environment that do not touch upon more than one legal system. As such, the discipline of comparative law has become more essential than ever. The module is designed to help the student understand what this discipline in law entails and how best to employ comparative methodologies and techniques in her work. It will help the student understand the benefits and disadvantages of comparative law and how it is used in various areas of law. Through workshops, it will also lend the basic skills to carry out a thorough comparative analysis and employ the interdisciplinary approaches that particular research calls for in aid of a more complete picture.
- Unit 1 Functions and uses of comparative law
- Unit 2 Basic comparative method and theory
- Unit 3 Three Families of Law: Civil, Common, Religious
- Unit 4 Legal transplants – legal diffusion
- Unit 5 Comparing Law in a Global World: Harmonisation, Transplantation, Globalisation
- Unit 6 Applied comparative law: examples from commercial law and financial law
Contemporary Legal Problems of World Trade (LW7015)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Dr Priscilla Schwartz
Email: priscilla.schwartz@leicester.ac.uk
Pre-requisite: LW7015 requires the student either to have studied module LW7170 or show evidence of having previously completed a course covering the material in module LW7170
The general focus of LW7015 is on specific issues currently debated in the WTO forum and which have implication for other international economic arrangements and domestic policy initiatives. The module considers how legal rules might be formulated which adequately cover these issues and how those new rules fit into the existing framework of the WTO agreements.
Students will be introduced to the tensions in international trade and especially observe how politics, economic wealth, industrial strength, poverty and other societal concerns coupled with the globalisation trend all present varying challenges in states’ trading relationships.
- Unit 1 WTO law and governing globalisation
- Unit 2 Regional trade agreements and WTO legal system
- Unit 3 Trade and development
- Unit 4 Human rights dimension to world trade law and policy
- Unit 5 Trade and public services
- Unit 6 Trade and environmental protection
- Unit 7 Foreign investment and WTO rules
Contracts for Carriage of Goods by Sea (LW7020)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Dr Eki Omorogbe
Email: eki.omorogbe@leicester.ac.uk
Pre-requisite: Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module examines the nature and operation of charter parties and bills of lading, considers the economic motivations of the parties to a carriage contract, and seeks to give an understanding of the practical aspects of sea carriage which have an impact on the operation of carriage contracts.
- Unit 1 Introduction: implied obligations in carriage contracts
- Unit 2 Charterparties: voyage
- Unit 3 Charterparties: time
- Unit 4 The Bill of Lading I: the receipt function and evidence of the contract function
- Unit 5 The Bill of Lading II: the document of title function
- Unit 6 The Hague/Visby Rules and the Hamburg Rules: a comparison of two international carrier liability regimes.
Critical Perspectives in Law (LW7041)
Availability: Semester Two
Pathway: Legal Research
Credits: 15
Module Convenor: Professor Panu Minkkinen
Email: panu.minkkinen@leicester.ac.uk
Pre-requisite: None
The aim of this module is to acquaint the student with the various critical approaches to law that have developed during the past decades and to enable her to consider an alternative perspective for her research project. Starting with the Marxist tradition, the module continues to elaborate the contributions of feminism, race theory and continental philosophy for the study of law. A brief overview of contemporary interdisciplinary approaches (excluding socio-legal studies) is also included.
- Unit 1 Law, Critique and Criticism
- Unit 2 Law, State and Power
- Unit 3 Law and Gender
- Unit 4 Law, Race and Postcolonial Studies
- Unit 5 Critical Legal Theory
- Unit 6 Interdisciplinarity in Law
Current Trends in International Law (LW7067)
Availability: Semester Two
Pathway: Public International Law
Credits: 15
Module Convenor: Dr Troy Lavers
Email: troy.lavers@leicester.ac.uk
Pre-requisite: General Principles of International Law
The aims of this module are to highlight some of the more recent issues that are significant to the study of international public law that are newsworthy to a variety of students and to comment on the possible effects they may have on the development of international public law.
Students will complete an assessed essay at the end of the module no longer than 4000 words long, which will be worth 90% of the total mark. Students will also compile a reflective log throughout the semester for assessment, which will be worth 10% of the total mark.
- Unit 1 General introduction to emerging trends: The Power of States.
- Unit 2 The politics of international law and international relations.
- Unit 3 Recent strains on the “use of force”.
- Unit 4 Extraordinary actions of states: Rendition and Guantanamo Bay
- Unit 5 Growth in international organisations and their power,
- Unit 6 Emerging trends in environmental law.
- Unit 7 The 'Special' Status of Developing Countries in International Law.
Diplomatic Law (LW7045)
Availability: Semester One
Pathway: Public International Law
Credits: 15
Module Convenor: Professor Malcolm Shaw
Email: malcolm.shaw@leicester.ac.uk
Pre-requisite: None
This module analyses the law relating to diplomacy. In particular, it examines the rules governing privileges and immunities of diplomats and consuls and the theory relating thereto. The situation of special missions is noted.
- Unit 1 Introduction
- Unit 2 The UN Conference on Diplomatic Intercourse and Immunities
- Unit 3 The functional theory of diplomatic immunities and privileges
- Unit 4 The law relating to diplomatic privileges and immunities, part one
- Unit 5 The law relating to diplomatic privileges and immunities, part two
- Unit 6 Consular privileges and immunities
- Unit 7 Special missions, and representatives to international organisations
Economic Governance and the Internal Market (LW7920)
Availability: Semester Two (Distance Learning)
Pathway: European Law & Integration
Credits: 30
Module Convenor: Dr Adam Cygan
Email: adam.cygan@leicester.ac.uk
Pre-requisite: For distance learning students: LW7400 The Foundations of European Union Law
For campus-based students: Either LW7920 or a sufficient knowledge of the Community legal order established to the satisfaction of the module convenor
This module provides an overview of the fundamental freedoms that underpin the Internal Market and an assessment of Economic and Monetary Union. The materials will enable you to gain an understanding of the rules relating to free movement of goods, persons and services; the specific free movement rights associated with Union Citizenship; and the legal framework of Economic and Monetary Union.
- Unit 1 Free movement of goods
- Unit 2 Free movement of persons
- Unit 3 Free movement of services
- Unit 4 Economic and Monetary Union (EMU)
European and International Patent and Trade Mark Law (LW7050)
Availability: Semester Two
Pathway: International Commercial Law; European Law & Integration
Credits: 15
Module Convenor: Dr Andreas Rahmatian
Email: andreas.rahmatian@leicester.ac.uk
Pre-requisite: General knowledge of European law is required; No prior knowledge of intellectual property is required. Familiarity with commercial or international law would be an advantage.
Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module familiarises students with the main international conventions and European instruments in the field of industrial property, particularly patent and trade marks. It examines in detail the European statutory rules and case law on patent and trade marks with particular focus given to the ECJ and CFI’s case law in the field of trade marks. The module assesses how far the European Union has achieved harmonisation and unification in the area and examines the interface and relationships between the conventions and also between EU law and the conventions. The module also discusses and critically assesses future issues in the field.
- Unit 1 Introduction to intellectual property law and international conventions on patents
- Unit 2 International conventions on trade marks
- Unit 3 The concept of intellectual property, and patents and trademarks in particular
- Unit 4 European patent law
- Unit 5 European trade mark law
- Unit 6 Future issues
Feminist Perspectives on International Law (LW7067)
Availability: Semester One
Pathway: Human Rights
Credits: 15
Module Convenor: Dr Loveday Hodson & Dr Troy Lavers
Email: loveday.hodson@leicester.ac.uk or troy.lavers@leicester.ac.uk
Pre-requisite: None
This module will introduce students to diverse modern feminist approaches to the study of international law. It begins with an examination of key feminist writings on international law, and then moves on to consider modern developments in this area of scholarship. The module then focuses on particular areas of international law, such as international criminal and human rights law, and examines them from a feminist perspective. The module will enable students to develop a critical approach to these and other mainstream areas of international law.
Students will complete an assessed essay at the end of the module no longer than 4000 words long, which will be worth 90% of the total mark. Students will also compile a reflective log throughout the semester for assessment, which will be worth 10% of the total mark. "
- Unit 1 Feminist Approaches to International Law: Theoretical Perspectives
- Unit 2 The Social Construction of Gender in the International Legal System
- Unit 3 Violence Against Women
- Unit 4 Women and International Human Rights: CEDAW and Beyond
- Unit 5 Strategies for Change
Financial Services Crime (LW7070)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Mr Ian Snaith
Email: ian.snaith@leicester.ac.uk
Pre-requisite: No specific pre-requisites are required. However, it may be advantageous if students have studied Criminal Law, Criminology, Company or Financial Services Law (in any jurisdiction) at undergraduate level.
This module focuses on the specific issues raised by “white collar” crime involving the corporate and financial services sector. It assumes an understanding of the general law of crimes against property such as the Theft Act 1968 and common law offences of fraud and builds on this by dealing with the purpose, content and operation of the specific regulatory regimes and statutory offences to be found in the Companies Acts 1985 and 1989, Insider Dealing legislation, Insolvency Act 1986, the Financial Services and Markets Act 2000 and similar legislation as well as anti-money laundering provisions. Seminars deal with the theoretical and policy debates in this area as a background to the examination of areas of substantive law.
- Unit 1 Introduction
- Unit 2 White Collar crime: the criminological background
- Unit 3 The general criminal law background
- Unit 4 Criminal law and regulation on the financial markets
- Unit 5 The example of insolvency
- Unit 6 Bringing techniques together
Financing of International Sales Transactions (LW7075)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Dr Camilla Andersen
Email: camilla.b.andersen@leicester.ac.uk
Pre-requisite: LW7150, or establishing to the satisfaction of the module convenor that you have sufficient knowledge of CIF and FOB sale contracts and the basic operation of bills of lading. Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module examines the often complex mechanisms used for financing international sales transactions and explores the practical implications of these mechanisms for traders, banks and financing houses. It focuses on the documentary credit as the “lifeblood of trade”, and uses it as a basis for comparing other mechanisms.
- Unit 1 Finance overview 1 (Introducing the legal and practical issues involved in sales financing, and illustrating methods which address different needs: factoring, forfeiting, guarantees, etc)
- Unit 2 Bills of Exchange
- Unit 3 Documentary credits I
- Unit 4 Documentary credits II
- Unit 5 Finance Overview ii (comparing some of the payment mechanisms in the light of the details of the Documentary Letter of Credit, to explore their practical application)
Freedom of Expression (LW7078)
Availability: Semester One
Pathway: Human Rights; Public International Law
Credits: 15
Module Convenor: Peter Cumper
Email: peter.cumper@leicester.ac.uk
Pre-requisite: None
This module examines the principal statutory and case authorities on protection of free expression, including the jurisprudence of the European Court of Human Rights, United Kingdom courts, United States Courts, a variety of courts in European countries and the Commonwealth; the protection afforded free expression by the legal and constitutional orders of these States and through international human rights instruments. Students will learn the reasons why freedom of expression is valued in a liberal democratic society and the grounds upon which freedom of expression can legitimately be restricted.
- Unit 1 Freedom of Expression – a general introduction
- Unit 2 Forms and categories of expression
- Unit 3 Hate Speech
- Unit 4 Obscenity and pornography
- Unit 5 Art, law and free speech
- Unit 6 Assembly, Protest and Expression
- Unit 7 Expression and the democratic process
General Principles of International Law (LW7081)
Availability: Semester One
Pathway: Public International Law
Credits: 15
Module Convenors: Dr Edward J Goodwin and Dr Paul Behrens
Emails: edward.goodwin@leicester.ac.uk; paul.behrens@leicester.ac.uk
Pre-requisite: None
This module introduces students to fundamental concepts and theories of Public International Law. It provides them with an understanding of the building blocks of international law and therefore offers a foundation for other options undertaken on the International Law stream. "General Principles" explores the Nature of International Law, deals with its sources as well as with the subjects of international law, questions of jurisdiction and the role of international organisations and tribunals.
- Unit 1 The Nature of Public International Law
- Units 2/3 Sources of Public International Law – Custom and other sources under the Statute of the International Court of Justice
- Units 4/5 Subjects of Public International Law – States and Non-State actors
- Units 6/7 Jurisdiction, Rights and Obligations – On land and at sea
- Unit 8 International Organisations and International Tribunals
Genocide and the Law (LW7167)
Availability: Semester Two
Pathway: Public International Law and Human Rights
Credits: 15
Module Convenor: Paul Behrens
Email: paul.behrens@le.ac.uk
Pre-requisite: None
The massacres in Darfur, in Rwanda and in Bosnia-Herzegovina have triggered a passionate and lasting debate about the crime of genocide, but the concept and the elements of the crime are still very much in dispute. This module is designed to provide students with a deep understanding of the crime of genocide, of the current academic discussion relating to its concept and the controversies which its legal elements have triggered.
Students will have the opportunity to examine and discuss prominent genocide cases and to debate ongoing situations which have developed a genocidal character.
The assessment consists of a research paper of no more than 5,000 words.
- Unit 1: The Concept: Social and legal concept, history.
- Unti 2: The Protection of Groups: Protected, forgotten, abandoned groups
- Unit 3: The Commission of Genocide: Context, alternatives of genocide.
- Unit 4: The Subjective Element: Specific Intent, Motives.
- Unit 5: Incitement to Genocide: Public and Direct Incitement.
- Unit 6: Genocide and State Responsibility: Duties under the Genocide Convention.
- Unit 7: Genocide Today: Current Troublespots.
Global Protection of Human Rights: Core Principles (LW7085)
Availability: Semester Two
Pathway: Human Rights; Public International Law
Credits: 15
Module Convenor: Professor Malcolm Shaw
Email: malcolm.shaw@leicester.ac.uk
Pre-requisite: None
This is a compulsory module for the human rights pathway.
This module analyses a number of core principles in international human rights law in order to demonstrate the nature of the substantive protection of human rights in international law. It examines the rights and responsibilities derived from treaty and customary law, as well as the rights under regional human rights systems.
- Unit 1 The principles of equality and non-discrimination
- Unit 2 The protection of minorities and groups
- Unit 3 The rights of women and children
- Unit 4 Prohibition of Genocide
- Unit 5 Economic, social and cultural rights
- Unit 6 The extraterritorial application of human rights treaties
Global Protection of Human Rights: Implementation Methods (LW7090)
Availability: Semester One
Pathway: Human Rights; Public International Law
Credits: 15
Module Convenor: Professor Malcolm Shaw
Email: malcolm.shaw@leicester.ac.uk
Pre-requisite: None
This is a compulsory module for the human rights pathway.
This module examines the range and nature of systems, mechanisms and methodologies for protecting substantive human rights in international law. These include both global (the United Nations) and regional (European, Inter-American and African) approaches.
- Unit 1 The United Nations System for the protection of human rights: Charter-based Mechanisms
- Unit 2 The United Nations System for the protection of human rights: Treaty-based Mechanisms
- Unit 3 The International Covenant on Civil and Political Rights
- Unit 4 The European Systems for the protection of human rights
- Unit 5 The Inter-American and African Systems for the protection of human rights
- Unit 6 Implementation of International Human Rights in Domestic Systems
- Unit 7 Specialised Agencies
Graduate Conference (LW7091)
Availability: Semester Two
Pathway: Legal Research
Credits: 15
Module Convenor: Professor Panu Minkkinen
Email: panu.minkkinen@leicester.ac.uk
Pre-requisite: None
The Graduate Conference is a three day seminar setting in which the students will be able to demonstrate the skills that they have learned during the course of their studies. The module centres around student presentations of a research project, addressing issues such as the core research question and the research methods to be adopted. In addition, there are training sessions on moving from postgraduate research into academia, career planning and satisfying the requirements for upgrade to full PhD status. The seminars are 24-26 March 2010.
Health Law and European Law (LW7056)
Availability: Semester One
Pathway: European Law & Integration
Credits: 15
Module Convenor: Prof Mark Bell
Email: mark.bell@le.ac.uk
Pre-requisite: None
This module examines the role of the European Union in regulating health law and policy. It begins by considering the legal competence of the Union in the field of health, including the approach to health within the EU Charter of Fundamental Rights. It then turns to consider two specific instances of EU health law. First, the module explores the rights of patients to move within the EU to receive healthcare treatments and the extent to which a patient’s domestic healthcare system can be obliged to pay for treatment abroad. Secondly, the module looks at the role of the EU in regulating occupational health, such as the working hours of healthcare professionals.
- Unit 1 Introductory Session- What is Health Law and the EU?
- Unit 2 Health Law and the EU: A Question of Fundamental Rights?
- Unit 3 Legal Competence Issues
- Unit 4 Health and the internal market
- Unit 5 Patient Mobility
- Unit 6 Occupational health: the legal framework
- Unit 7 Occupational health: working time
- Unit 8 Assignment seminar
Human Rights and Health Care Law (LW7096)
Availability: Semester Two
Pathway: Human Rights
Credits: 15
Module Convenor: Dr Jose Miola
Email: Jose.Miola@leicester.ac.uk
Pre-requisite: None
This module examines the nature of health care rights and their development in the context of international human rights standards. Particular questions such as the allocation of health resources, consent to medical treatment, privacy and confidentiality, and end of life decisions are examined in detail.
- Unit 1 Enforcing health care rights in the courts
- Unit 2 Health care rights and resources
- Unit 3 Consent and enforcing treatment
- Unit 4 Reproductive rights
- Unit 5 Human rights and decision making at the end of life
Institutional Structure and Constitutional Governance in the EU (LW7900)
Availability: Semester One (Distance Learning)
Pathway: European Law & Integration
Credits: 30
Module Convenor: Dr Adam Cygan
Email: adam.cygan@leicester.ac.uk
Pre-requisite: None
(Please note this module is a pre-requisite to LW7920 in Semester 2)
This module is concerned with the economic, political and legal development of the European Community and the Union. The course materials will provide you with a working knowledge of the EU institutions; an understanding of the Community law-making process; the interpretative approach of the European Court of Justice; the relationship between Community law and national law and the application of general principles of law including the development of fundamental rights protection afforded under EU law. Finally the Module concludes with an examination of new forms of governance in the EU.
- Unit 1 From EEC to an EU Constitutional Treaty: The Progress of European Integration
- Unit 2 The Institutional Architecture of the European Union and the Community Decision-Making Process
- Unit 3 Enforcing Community Law Rights within the Member States
- Unit 4 The European Court of Justice and the Judicial Protection of Treaty Rights
- Unit 5 The Protection of Fundamental Rights in the European Union
- Unit 6 New Forms of Governance in the European Union
Intellectual Property and the European Internal Market (LW7120)
Availability: Semester One
Pathway: European Law & Integration; International Commercial Law
Credits: 15
Module Convenor: Dr Adam Cygan
Email: adam.cygan@leicester.ac.uk
Pre-requisite: Sufficient knowledge of basic principles of European Community Law established to the satisfaction of the module convenor. An outline knowledge of European Community competition law would be an advantage
Only available to candidates who hold a Degree in Law (or in which Law is a substantial element) or an appropriate legal professional qualification.
This module examines in detail the interaction between EC treaty law and intellectual property, in particular in the area of free movement of goods, exhaustion of rights, competition law and external relations.
- Unit 1 Introductory lecture – IP and the Internal market
- Unit 2 Intellectual Property Rights In The EC Treaty: Current Issues in Intellectual Property Law
- Unit 3 Intellectual Property Rights In The EC Treaty: The Relationship With Article 28 EC
- Unit 4 Intellectual Property Rights and Market Integration
- Unit 5 Intellectual Property Rights and Refusal To Supply
- Unit 6 Intellectual Property and the Information Age – The Free Movement of Services and Inter-Market Regulation
- Unit 7/8 External Trade and Protection of Intellectual Property Rights in the EU
International Boundary Disputes (LW7125)
Availability: Semester One
Pathway: Public International Law
Credits: 15
Module Convenor: Professor Malcolm Shaw
Email: malcolm.shaw@leicester.ac.uk
Pre-requisite: None
This module examines the kinds of land and maritime boundary disputes that arise between states and analyses the methods available for their resolution. The main principles developed in this context are discussed. Issues covered include the role and interpretation of boundary treaties, the role of acquiescence and recognition, the nature of effective control, and the special rules governing maritime delimitation.
- Unit 1 Territory in international law
- Unit 2 Territorial Disputes – Their Nature and Resolution
- Unit 3 Modes of Acquiring Title
- Unit 4 The territorial heritage
- Unit 5 International maritime disputes
- Unit 6 Acquiescence, protest, recognition, equity and estoppels
- Unit 7 The Cameroon v Nigeria Litigation – A Case Study
International Courts and Tribunals (LW7140)
Availability: Semester Two
Pathway: Public International Law
Credits: 15
Module Convenor: Professor Malcolm Shaw
Email: malcolm.shaw@leicester.ac.uk
Pre-requisite: None
This module analyses the range of international inter-state and individual courts and tribunals now operating. Questions such as jurisdiction and admissibility, interim measures, enforcement and supervision are examined. Courts and tribunals discussed will include the International Court of Justice, the International Tribunal on the Law of the Sea, the regional human rights courts, the war crimes tribunals, the International Criminal Court and the WTO dispute settlement mechanism.
- Unit 1 Inter-state courts 1
- Unit 2 Inter-state courts 2
- Unit 3 International courts and tribunals and individuals 1
- Unit 4 International courts and tribunals and individuals 2
- Unit 5 Quasi-judicial and related international bodies
International Commercial Arbitration Moot 1 (LW7257)
Availability: Semester One
Pathway: International Commercial Law
Credits: 15
Module Convenor: Dr Camilla Andersen
Email: camilla.b.andersen@leicester.ac.uk
Co-requisite: LW7258 International Commerical Arbitration Moot 2
This module is based on the Willem C Vis Commercial Arbitration Moot, and aims at producing a high quality Memorandum for Claimant for submission to the competition. The topic is on Arbitration and International Sales (the CISG). Assessment is based on a shared grade for the memorandum, combined with an individual grade for a reflective log. Teamwork and commercial law skills are essential for this module. The Memorandum will be the official submission for the Willem C Vis competition, and participants are representing University of Leicester among the best Law Schools around the world (in 2006 there were 156 law schools from 49 countries.)
For more information on the Willem C Vis Competition, please see http://www.cisg.law.pace.edu/vis.htm
International Commercial Arbitration Moot 2 (LW7258)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Dr Camilla Andersen
Email: camilla.b.andersen@leicester.ac.uk
Pre-requisite: Selection for participation from the LW7257 team after successful completion. Criteria for selection are based on skill and previous effort and determined by the convenor. NOTE: Students with a license to practice law are barred from taking part in the oral rounds of the competition, as are students who may have represented another university in the final rounds last year.
This module continues the preparations for the Willem C Vis International Commercial Arbitration Moot, by selecting the most outstanding contributors from the team in LW7257, with the best oral presentation skills. Students of this module will prepare a Memorandum for the Respondent in reply to a brief from another university, and the students will then begin training for the oral round of the competition to take place in Vienna in April 2007. This team will work closely together to represent University of Leicester. Assessment will be based on an oral examination after the return from Vienna.
For more information on the Willem C Vis Competition, please see http://www.cisg.law.pace.edu/vis.html
International Courts and Tribunals (LW7140)
Availability: Semester Two
Pathway: Public International Law
Credits: 15
Module Convenor: Professor Malcolm Shaw
Email: malcolm.shaw@leicester.ac.uk
Pre-requisite: None
This module analyses the range of international inter-state and individual courts and tribunals now operating. Questions such as jurisdiction and admissibility, interim measures, enforcement and supervision are examined. Courts and tribunals discussed will include the International Court of Justice, the International Tribunal on the Law of the Sea, the regional human rights courts, the war crimes tribunals, the International Criminal Court and the WTO dispute settlement mechanism.
- Unit 1 Inter-state courts 1
- Unit 2 Inter-state courts 2
- Unit 3 International courts and tribunals and individuals 1
- Unit 4 International courts and tribunals and individuals 2
- Unit 5 Quasi-judicial and related international bodies
International Environmental Law (LW7143)
Availability: Semester Two
Pathway: Public International Law
Credits: 15
Module Convenor: Dr Edward J. Goodwin
Email: edward.goodwin@leicester.ac.uk
Pre-requisite: None.
The aim of this module is to enable students to acquire a deep understanding of the principal norms of international environmental law and the forces which shape their creation and effectiveness. As to the latter, students will be introduced to the notion that the choice and content of instrument for international environmental regulation is determined by the interaction of the rule of law, economics, politics, ethics and science, and that these disciplines also inform debates on the development of this area of law in the era of globalisation. The course also aims to equip students with the practical and critical skills needed to pursue their own further research in this field of international law.
- Unit 1 The Historical Development of International Environmental Law and Justifications for Environmental Protection.
- Unit 2 General Principles of International Environmental Law.
- Unit 3 Pollution Regulation.
- Unit 4 Trade and the Environment.
- Unit 5 Sectoral Conventions for the Conservation of Habitats, Flora and Fauna.
- Unit 6 The 1992 Convention on Biological Diversity.
- Unit 7 Compliance With and Enforcement of International Environmental Law
International Law and Development (LW7144)
Availability: Semester One
Pathway: Public International Law; International Commercial Law; Human Rights Law
Credits: 15
Module Convenor: Dr Priscilla Schwartz
Email: priscilla.schwartz@leicester.ac.uk
Prerequisites: None
The course aims to unravel some of the complexities which surround the ‘development debate’ in international law, in particular, to consider why despite the employment of considerable international public and private resources to facilitate development, more countries remain ‘developing’. Students will acquire critical knowledge relevant for addressing this debate in specific areas of international law.
They will examine methods of applying international law and the policies of international institutions and actors to address development issues and consider the challenges facing developing countries in the international legal order.
The course will be invaluable to graduates, professionals, policy-makers and NGOs in developed and developing countries, with interest in interdisciplinary courses or international economic, development and human rights issues.
- Unit 1 General themes on international law and development
- Unit 2 International institutions in the development process
- Unit 3 International financing for development
- Unit 4 Trade related aspects of development
- Unit 5 Regulation of foreign investment in developing countries
- Unit 6 Multinational enterprises (MNEs) in natural resource exploitation
- Unit 7 Human rights and development
International Regulation of Companies (LW7145)
Availability: Semester One
Pathway: International Commercial Law
Credits: 15
Module Convenor: Mr Ian Snaith
Email: ian.snaith@leicester.ac.uk
Pre-requisite: None
This module examines the international regulation of companies from a theoretical perspective. It uses theoretical studies as a springboard for the examination of key corporate concepts. The module considers European Company Law by comparing it to the US system and focuses on corporate personality and corporate governance as major themes. There are five one hour lectures in addition to the five two hour seminars.
- Unit 1 Corporate personality
- Unit 2 Theoretical issues
- Unit 3 EC Company Law
- Unit 4 EC Company Law
- Unit 5 Comparative corporate governance
International Sales Transactions (LW7150)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Dr Camilla Andersen
Email: camilla.b.andersen@leicester.ac.uk
Co-requisites: LW7075 Financing of International Sales
It examines the principal legal issues arising in international sale contracts. The module focuses on the CISG (the Vienna Convention) and the SGA 1979 (as England has not yet ratified the CISG). It focuses on the substantive rules and principles module compares English commercial law with and explores the basic policies underlying international sales law.
- Unit 1 The nature of international sales (theoretical issues of commercial law; sources of law, Trade vs Sales, explaining documentary sales, harmonisation,)
- Unit 2 Understanding the CISG (sphere of application of the Vienna Convention,
- Unit 3 Understanding English Law (SGA 1979 and Documentary Sales) and the Bill of Lading
- Unit 4 Comparing Aspects of the CISG and English Law: Remedies, Anticipatory Breach, Frustration and Passing of Property and Risk
- Unit 5 Comparative look at remedies (cont), and an introduction to INCOTERMS, PECL, Unidroit Principles
Issues and Procedures in European Union Competition Law (LW7155)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Professor Cosmo Graham
Email: cosmo.graham@leicester.ac.uk
Pre-requisite: Principles of European Union Competition Law (LW762) or demonstrating adequate knowledge of the principles of EU competition law, e.g., through having taken an undergraduate course."
This module examines the procedures and means of enforcement available in EU Competition Law, as well as the European Union’s treatment of certain key issues, such as Article 86. There is some flexibility in the choice of topics, depending on the interests of the students . There are five one hour lectures in addition to the five two hour seminars.
- Unit 1 Merger Control
- Unit 2 Competition Law and the State
- Unit 3 Private enforcement and modernisation
- Unit 4 Commission Procedures and the rule of law
- Unit 5 State Aid
Law of Genocide (new module for 2009/10) (LW7167)
Availability: Semester Two
Pathway: Human Rights and Public International Law
Credits: 15
Module Convenor: Dr Paul Behrens
Email: pkl24@le.ac.uk
Pre-Requisite: None
The massacres in Darfur, in Rwanda and in Bosnia-Herzegovina have triggered a passionate and lasting debate about the crime of genocide. But the concept and the elements of the crime are still very much in dispute. This module is designed to provide students with a deep understanding of the crime of genocide, of the current academic discussion relating to its concept and the controversies which its legal elements have triggered.
Students will have the opportunity to examine and discuss prominent cases in which charges of genocide have been made and to debate ongoing situations which have developed a genocidal character.
The assessment consists of a research paper of no more than 5,000 words.
- Unit 1: The Concept: Social and legal concept, history.
- Unti 2: The Protection of Groups: Protected, forgotten, abandoned groups
- Unit 3: The Commission of Genocide: Context, alternatives of genocide.
- Unit 4: The Subjective Element: Specific Intent, Motives.
- Unit 5: Incitement to Genocide: Public and Direct Incitement.
- Unit 6: Genocide and State Responsibility: Duties under the Genocide Convention.
- Unit 7: Genocide Today: Current Troublespots.
Law and Organisation of the World Trading System (LW7170)
Availability: Semester One
Pathway: International Commercial Law; Public International Law
Credits: 15
Module Convenor: Dr Priscilla Schwartz
Email: Priscilla.schwartz@leicester.ac.uk
Co-requisite: LW7015 Contemporary Problems of World Trade in Semester 2 unless you can show evidence of having previously completed a course covering the material in LW7170
This module focuses on the complex legal and institutional framework governing international trade and the legal rules in WTO Agreements, including GATS, TRIPS and GATT. It examines the tensions created by the simultaneous application of politics and law in international trade.
The course would prove useful to students with academic interest in the law and organisation of the world trading system and to practitioners and policy planners involved with the task of advising national governments or international institutions on WTO law, policy, principles and practice.
- Unit 1 Introductory overview of international trade relations
- Unit 2 Institutional Aspects I: Fundamental principles, policy and framework of the WTO
- Unit 3 WTO Decision-making and Disputes Settlement mechanism
- Unit 4 Regulation Goods: GATT principles and core concepts
- Unit 5 Annex 1A WTO Agreements: relationship between those agreements
- Unit 6 Trade in Services: The GATS Agreement
- Unit 7 TRIPS Agreement: Trade related aspects of intellectual property rights
Legal Argumentation and Method (LW7171)
Availability: Semester One
Pathway: Legal Research
Credits: 15
Module Convenor: Professor Panu Minkkinen
Email: panu.minkkinen@leicester.ac.uk
Pre-requisite: None
The aim of the module is to develop the student’s understanding of the theory and methodology of legal research within the doctrinal tradition. During the course of the module, particular research related issues (e.g. the relationship between law and politics, the nature of legal knowledge, the systematisation and interpretation of legal norms in the doctrinal tradition) will be discussed in seminar sessions centred on key readings. By completing this module, the student will have gained in-depth knowledge enabling her to successfully conduct a research project within the doctrinal tradition.
- Unit 1 Introduction to Legal Research
- Unit 2 Law: Science or Practice?
- Unit 3 Legal Norms and the Legal System
- Unit 4 Law, Politics and Morality
- Unit 5 Systematisation and Interpretation
- Unit 6 Law and Globalisation
Managing and Communicating Research (LW7002)
Availability: Semester One
Pathway: Legal Research
Credits: 15
Module Convenor:
Dr Joan Smith
Email: pgevents@le.ac.uk
Pre-requisite: None
The module, taught jointly with the University’s Student Learning Centre and Library, will teach students the more advanced skills in research that they would need in order to undertake PhD research. In addition to the more technical skills of planning a research project, finding the right source material and managing a literature list, the module will include an introduction to undertaking a PhD, as well as advanced presentation techniques. The module takes place over the course of one week in November and it concludes with each participant delivering a short oral presentation on their individual research project.
Principles of European Union Competition Law (LW7195)
Availability: Semester One
Pathway: International Commercial Law
Credits: 15
Module Convenor: Professor Cosmo Graham
Email: cosmo.graham@leicester.ac.uk
Pre-requisite: None
This module aims to provide an understanding of the fundamental rules of EU competition law. Through an analysis of case law from Community Courts and Commission publications, the module endeavours to discover the principles and policies that underpin the regulation of competition in the EU via Articles 81 and 82 EC. There are five one hour lectures in addition to the five two hour seminars.
- Unit 1 Introduction: Why have competition policy?
- Unit 2 Article 81 EC Controlling anti-competitive agreements 1
- Unit 3 Article 81 EC Controlling anti-competitive agreements 2
- Unit 4 Article 82 EC Dominance and abuse 1
- Unit 5 Article 82 EC Dominance and abuse 2
Regulation of Financial Markets (LW7202)
Availability: Semester Two
Pathway: International Commercial Law
Credits: 15
Module Convenor: Ms Andromachi Georgosouli
Email: a.georgosouli@le.ac.uk
Pre-requisite: No specific pre-requisites are required. However, a general knowledge of European Union law would be advantageous.
Financial services, products and markets are dynamic and evolving rapidly. Whether in the UK or in other leading financial jurisdictions, the regulatory scope over financial services, products and markets has been challenged and modified in recent years. This course intends to examine the current scope of regulation over financial services, products and markets, and raises issues about the grey areas and areas for potential reform. Specific emphasis would be placed on developments in the UK and the EU. The new EU securities regulation Directives would be examined in the course, and particular issues of interest to the EU would be discussed, such as harmonization, home country control and regulatory effectiveness.
- Unit 1 Regulating Financial Markets: Rationale(s), Principles and Tools
- Unit 2 Banking Regulation and Capital Adequacy Beyond Basle
- Unit 3 Securities Regulation Investor Protection and the implementation of the Markets in Financial Instruments Directive
- Unit 4 European Market Integration and the Regulation of Financial Markets in EU level
- Unit 5 General Problems and Issues in Regulation Part I: Financial Architecture
- Unit 6 General Problems and Issues in Regulation Part II: The Better Regulation Movement and its Impact on Financial Regulation
- Unit 7 General Problems and Issues in Regulation Part III: Global Governance of Financial Systems
Socio-Legal Research (LW7216)
Availability: Semester One
Pathway: Legal Research
Credits: 15
Module Convenor: Dr Loveday Hodson
Email: loveday.hodson@leicester.ac.uk
Pre-requisite: None
The aim of the module is to offer a basic understanding of socio-legal research skills in order to enable students to use socio-legal methods in their own doctoral research. The different units cover both social science theory and methodology. Different approaches and styles of research are discussed and, through workshops, the students will apply the approaches to both real and hypothetical research questions. Guidance is given on collecting and analysing both quantitative and qualitative research data. Please note this module will be taught over three consecutive days in January.
- Unit 1 Introduction to Socio-legal Research
- Unit 2 Planning an Empirical Project
- Unit 3 Quantitative Research in Law
- Unit 4 Qualitative Research in Law
- Unit 5 Devising a Survey
- Unit 6 The Ethical Implications of Socio-Legal Research
The European Convention on Human Rights: Convention Rights (LW7240)
Availability: Semester Two
Pathway: European Law & Integration; Human Rights; Public International Law
Credits: 15
Module Convenor: Professor Robin White
Email: robin.white@leicester.ac.uk
Pre-requisite: LW7235 or a sufficient knowledge of the institutional framework of the Strasbourg system and of Article 15 of the Convention established to the satisfaction of the module convenor.
You will explore in detail some aspects of the substantive law of the European Convention on Human Rights; and consider critically the effectiveness of the protections offered by the Convention. The tentative list of seminars for 2010 is as follows:
- Seminar 1 The right to liberty and security
- Seminar 2 Basic issues of fair trial
- Seminar 3 Protecting family life
- Seminar 4 Protecting private life
- Seminar 5 Freedom of thought conscience and religion
- Seminar 6 Freedom of expression and assembly
- Seminar 7 Protection of property
- Seminar 8 The prohibition of discrimination
The European Convention on Human Rights: Institutions, Procedures and Fundamental Rights (LW7235)
Availability: Semester One
Pathway: European Law & Integration; Human Rights; Public International Law
Credits: 15
Module Convenor: Professor Robin White
Email: robin.white@leicester.ac.uk
Pre-requisite: None
(Please note this module is a pre-requisite to LW7240 in Semester 2 unless you can establish a satisfactory knowledge of the material covered in this module)
You will learn about the institutions of the European Convention system; the procedures for dealing with individual and inter-State complaints; and the fundamental rights protected by the Convention and the concept of derogations under Article 15. The module is linked to LW7240 which examines a number of Convention rights in detail.
- Seminar 1 The architecture of the Strasbourg system
- Seminar 2 The concepts of ‘jurisdiction and ‘positive obligations’
- Seminar 3 The admissibility of applications
- Seminar 4 Enforcing Strasbourg judgments
- Seminar 5 The right to life
- Seminar 5 The prohibition of torture, and inhuman or degrading treatment
- Seminar 6 Derogations and limitations
- Seminar 7 The future of the Court
The Law of Armed Conflict (LW7166)
Availability: Semester One
Pathway: Public International Law
Credits: 15
Module Convenor: Dr Eki Yemisi Omorogbe
Email: eki.omorogbe@leicester.ac.uk
Pre-requisite: None
This module examines the laws that regulate international armed conflict. Through an exploration of current developments and contemporary issues, it demonstrates the challenge of applying and enforcing international law in the midst of armed hostilities.
- Unit 1 The classification of armed conflicts
- Unit 2 The United Nations and international security
- Unit 3 Humanitarian intervention
- Unit 4 Status, and the Principle of Distinction
- Unit 5 The Principles of Necessity and of Proportionality
- Unit 6 Ending Conflict
- Unit 7 Occupation Law
The State, Law and Religious Freedoms (LW7250)
Availability: Semester Two
Pathway: Human Rights
Credits: 15
Module Convenor: Mr Peter Cumper
Email: peter.cumper@leicester.ac.uk
Pre-requisite: None
This module examines some of the ways in which the state regulates the rights of citizens to exercise their freedom of thought, conscience and religion. Whilst particular attention is paid to the relevant legal position in the United Kingdom, reference is also made to a number of other national legal jurisdictions and to contemporary international human rights standards.
- Unit 1 Freedom of religion – a general introduction
- Unit 2 Law, religion and education
- Unit 3 Accommodating difference – tolerance, diversity and the liberal state
- Unit 4 New religious movements and the law
- Unit 5 Freedom of conscience and the law
Theories of Rights (LW7255)
Availability: Semester Two
Pathway: Human Rights
Credits: 15
Module Convenor:
Email:
virginia.mantouvalou@leicester.ac.uk
Pre-requisite: None
This module considers the meaning and theoretical underpinnings of rights and rights-discourse and looks at the role of human rights in contemporary moral and political thought. It examines common critiques of rights as well as the relationship between rights and democratic thought. The module also analyses the relationship between cultural diversity and the idea of universal rights and considers the importance of ‘socio-economic’ rights and ways in which they can be implemented.
- Unit 1 An introduction to understanding rights
- Unit 2 Challenging rights and rights-discourse
- Unit 3 Rights and democracy
- Unit 4 Rights, cultural relativism and multiculturalism
- Unit 5 Rights and Law’s response to terrorism
- Unit 6 Social Rights
- Unit 7 Essay Writing in Theories of Rights
Transitional Justice and International Criminal Law (LW7254)
Availability: Semester Two
Pathway: Public International Law
Credits: 15
Module Convenor: Dr Troy Lavers
Email: troy.lavers@leicester.ac.uk
Pre-requisite: None
This module is designed to enable LLM students to obtain comprehensive knowledge of diverse issues involved in international criminal law. It starts with detailed appraisal of basic concepts and principles of international criminal law and their historical development from the crimes of international humanitarian law. The module then turns to the examination of general principles including jurisdiction, admissibility, extradition, and problems associated with domestic prosecutions. Emphasis is placed both on the scrutiny of case-law and on legal theoretical analyses. The module also covers issues in comparative and transnational criminal justice.
Students will complete an assessed essay at the end of the module no longer than 4000 words worth 90% of the total mark. Students will also compile a reflective log throughout the semester for assessment which will be worth 10% of the total mark.
- Unit 1 Introductory seminar on International Criminal Law
- Unit 2 Origins of international criminal law
- Unit 3 Jurisdiction, admissibility and extradition
- Unit 4 Comparative and transitional criminal
- Unit 5 The advent of the International Criminal Court
- Unit 6 What next for international criminal law?