Module Convenor:Directors of Graduate Studies (Taught)

KENTLAWSCHOOL

POSTGRADUATE

MODULES

2014/2015

CONTENTS

Code / Module Title / Page
LW919 / Legal Research and Writing Skills COMPULSORY MODULE / 4
LW801 / Intellectual Property Law / 5
LW802 / International Business Transactions / 6
LW807 / European Comparative Law / 7
LW810 / International Law on Foreign Investment / 8
LW811 / International Commercial Arbitration / 9
LW813 / Contemporary Topics in Intellectual Property / 10
LW814 / Public International Law / 11
LW815 / European Union Constitutional and Institutional Law / 12
LW839 / Environmental Quality Law / 13
LW843 / International Protection of Human Rights / 14
LW844 / Legal Aspects of Contemporary International Problems / 15
LW846 / International Criminal Law / 16
LW847 / World Trade Organisation Law and Practice / 17
LW852 / European Union Environmental Law and Policy / 18
LW858 / Foundations of EU Common Market and Economic Law / 19
LW862 / Death and Dying / 20
LW863 / Consent to Treatment / 21
LW864 / The Foundations of the English Legal System / 22
LW866 / Medical Practice and Malpractice / 23
LW867 / Reproduction and the Beginning of Life / 24
LW870 / Introduction to the Criminal Justice System / 25
LW871 / Policing / 26
LW884 / International Environmental Law – Substantive Legal Aspects / 27
LW885 / Law and Development / 28
LW886 / Transnational Criminal Law / 29
LW888 / Climate Change and Renewable Energy Law / 30
LW899 / Corporate Governance / 31
LW900 / International Migration Law / 32
LW904 / Laws of the Maritime, Air and Outer Spaces / 33
LW905 / International Financial Services Regulation / 34
LW906 / International Environmental Law – Legal Foundations / 35
LW915 / Reading Murder Cases 1860-1960 / 37
LW916 / European Union International Relations Law / 38
LW921 / Privacy and Data Protection Law / 39
LW923 / Economic Sociology of Law / 40
LW924 / European Union Criminal Law and Procedure / 41
LW925 / Cultural Heritage Law / 42
LW927 / Law and Humanities 1: Ethos and Scholarship / 43
LW928 / Law and Humanities 2: Current Issues / 44

LEGAL RESEARCH AND WRITING SKILLS

Module Convenor:Directors of Graduate Studies (Taught)

Autumn and Spring Terms

Module Code:LW919

This is a compulsory module for all Masters students and must be completed within one academic year. Both Diploma and Certificate students can opt to take this module in addition to their required modules. It is a non-credit module which does not contribute towards your degree, but it will appear on your final transcript with a Pass/Fail result. The module is timetabled from 16:00-18:00 on Wednesdays in Eliot Lecture Theatre 2.

The Autumn Term of this module will provide an introduction to the legal research and writing skills required to carry out research at Masters level. The Spring Term will enable students to acquire and develop the skills necessary to carry out a longer term research project, such as their dissertation. Students will be introduced to a range of theoretical frameworks, as well as being given advice on editing scholarly work and how to work with long documents.

Please see separate programme for further details on each session.

INTELLECTUAL PROPERTY LAW

Module Convenor: Dr José Bellido

Autumn Term

Module Code: LW801

Over the past few decades, the scope of intellectual property has grown significantly. The goal of the course is to provide an overview of these areas from different angles in order to be able to assess this expansion. In so doing, it will examine this area of law from historical, theoretical and practical perspectives. The emphasis throughout the course is on reflexive critique. That is, we will study the different modes of justifying intellectual property; the different historical approaches to trace the ways in which we can understand the political economy of intellectual property and we will look at the past to try to find ways of thinking about the present situation of international legal regimes. On a more contemporary level, we will study the interaction between intellectual property and health, the problems posed by biotechnology, as well as the more practical question on the way of producing evidence in intellectual property trials.

No prior knowledge or study of intellectual property is required.

General reading

L Bentley & B Sherman, Intellectual Property Law (Oxford, 2014) - due to be published on 09/10/14

J Davis, Intellectual Property Law (OUP, 2012)

Blackstone’s Statutes on Intellectual Property (latest edition)

INTERNATIONAL BUSINESS TRANSACTIONS

Module Convenor:Dr Gbenga Oduntan

Autumn Term

Module Code:LW802

This module will examine the legal problems that arise in commercial transactions between businesses established in different States. The module will concentrate specifically on the ‘transnational’ nature of such transactions, and some of the legal solutions characteristically adopted by legal systems with emphasis on International, English or the US system or, where appropriate, legal rules and materials of other jurisdictions by way of illustration. The module will also cover the unique features of current transnational business transactions such as Mergers and Acquisition, Franchising and the increasing influence of certain developing states, such as India, South Africa, Nigeria and China.

Topics covered

Sources of Transnational Commercial Law and the interactions of Lex Mercatoria with public international law, International Conventions, Model Uniform Law, UNCITRAL, Reception and Approximation in National Law, Conflicts of Law, International Commercial Customs and Practice, The Role of International Chamber of Commerce; Public Regulatory Background to Private Transaction (GATT & WTO) with special emphasis on the conflict between international trade and environmental legislation as well as the conflict between the so called developed and developing states; International Sales of Goods, The Vienna Convention 1980, UNIDROIT Principles; Standard Trade Terms especially INCOTERMS; Commercial Paper and Finance of International Sales, Documents of Title, Bills of Landing, Mates’ Receipts, Consignment Notes, Paperless Documents and EDI, UNCITRAL Model Law on Electronic Commerce, comparative analysis of electronic commerce and electronic signature regimes, Negotiable Instruments, Payment Collection Arrangements, Mergers and Acquisition, Oil and Gas Transactions, Letters of Credit, Performance Bonds and Guarantees, Export Credit Guarantees; Licensing and Franchising; Dispute Resolution with special emphasis on the resolution of disputes involving parties across the developed and developing states divide.

Core reading

C Schmitthoff, Export Trade (10th ed, 2000)

J C T Chuah, Law of International Trade (Sweet & Maxwell, 2005)

I Carr, International Trade Law (Cavendish, 2005)

Module Convenor:Professor Geoffrey Samuel

Autumn Term

Module Code:LW807

This module on comparative law is designed to act both as a foundational introduction for all those hoping to bring into their legal studies (particularly the writing of a dissertation or thesis) an analysis of more than one legal system and as an introduction to the contemporary debates taking place within comparative legal studies. By foundational introduction is meant the studying of the methods and theories that inform and now make up comparative law as a subject. An understanding of these methods and theories is, it must be stressed, absolutely vital if any serious comparative law work is to be undertaken.

Aims and objectives

The primary aim of this module will be to provide a methodological and theory basis for comparison between legal systems and legal traditions. The objective is to ensure a good knowledge of differential, genealogical, analogical, functional, hermeneutical and structural methods in comparative legal studies together with some of the major debates with respect to ‘comparison’ and to ‘law’. Another objective is to ensure that the students are aware of the main dangers when undertaking comparative research, for example legal imperialism, universalism, mistranslation, misunderstanding and reductionism.

Content of module

Introduction to comparative law; problems of definition; what is ‘comparison’?; alternatives to functionalism; hermeneutics; structural approaches; paradigm orientations; what is ‘law’?; data and objects of comparison; transplants and translation.

Introductory reading

P Legrand, How to Compare Now (1996) 16 Legal Studies 232

G Samuel, Comparative Law and its Methodology, in D Watkins & M Burton (eds), Research Methods in Law (Routledge, 2013) 100

General textbook

G Samuel, An Introduction to Comparative Law Theory and Method (Hart, 2014)

INTERNATIONAL COMMERCIAL ARBITRATION

Module Convenor:Dr Gbenga Oduntan

Spring Term

Module Code:LW811

The aim of the module is to focus on the theoretical, institutional and practical aspects of modern international commercial arbitration. This would involve a close examination of the ad hoc systems and the main institutional structures (eg, ICC, ICSID, WIPO, Iran-US Claims Tribunal, PCA). The course covers current issues and developments relating to jurisdiction and applicable procedural and substantive laws, the status and role of arbitration agreements, the conduct of the arbitral proceedings, the arbitral award, and challenge, recognition and enforcement of award, online arbitration/online dispute resolution (ODR). The English Arbitration Act 1996, and the UNCITRAL Rules and the UNCITRAL Model Law will also be examined closely. The course will also critically examine the relationship between international arbitration and international development law as well as aspects of the international arbitration between sovereign states. The role of International Arbitration in the resolution of complex disputes in International Oil and Gas will be considered. Comparative study will be made of the emerging arbitration legislation and international arbitral practice of certain developing states such as Nigeria, India and China.

General reading

A Redfern & M Hunter, Law and Practice of International Commercial Arbitration (student ed, Sweet & Maxwell, 2003)

M Huleatt-James & N Gould, International Commercial Arbitration (2nd ed, LLP, 1999)

Module Convenor:Dr Hyo Kang

Spring Term

Module Code:LW813

This module exploresa range of key issues in contemporary intellectual property, which are subject to contentious and often crudely conducted debates. It identifies and questions intellectual property law’s underlying justifications, conceptual assumptions and material practices through the lens of novel modes of biological, cultural and scientific production that challenge the legal regime. Questions in this regard include:

Can nature be patented? Do patents commodify human persons?
Who owns scientific knowledge? What is “open science”?
Is enforcing patents on pharmaceuticals in developing countries just?
Does quoting or paraphrasing in literature or art amount to copying? Is creativity original?
Is plagiarism theft?
What is the cultural and political significance of free software?
Do intellectual properties lead to ‘“innovation”, or vice versa? Are they related, at all?

The module aims to provide students with a solid understanding of legal internal ways of thinking and arguing about intellectual property, as well as introduce them to wider theoretical resources which will encourage a differentiated and critical assessment of intellectual property law’s effects and limitations. Readings will be drawn from the multi-disciplinary scholarship on intellectual properties, including anthropology, history, science studies, economics and social theory.

Prior attendance of LW 801 Intellectual Property Law in autumn term is welcome, but not a prerequisite. No prior knowledge of study of patent, copyright or trademarks law is required. Interested students from various disciplines are welcome, subject to prior agreement.

This module will be conducted as a small-group seminar and there will be a cap on enrolment.

20 per cent of your overall mark in this module will be determined by your preparation and participation.

General reading

M Biagioli, P Jaszi & M Woodmansee (eds), Making and Unmaking Intellectual Property. Creative Production in Legal and Cultural Perspective (Chicago, 2011)

B Sherman & L Bently,The Making of Modern Intellectual Property Law (Cambridge, 1999)

C Kelty, Two Bits: The Cultural Significance of Free Software and the Internet(Duke, 2008)

M Boldrin & D Levine, Against Intellectual Monopoly (Cambridge, 2010)

PUBLIC INTERNATIONAL LAW

Module Convenor: Dr Luis Eslava

Autumn Term

Module Code:LW814

This module is intended to provide a detailed study of the rules, doctrines and institutions of public international law. It provides a critical, if internal analysis of international law and a firm basis upon which to found arguments concerning the political importance of international law.

General reading

Anghie, Imperialism, Sovereignty and the Making of International Law (CUP, 2007)

Bartholomew, Empire’s Law: The American Imperial Project and the ‘War to Remake the World’ (Pluto Press, 2006)

Bowring, The Degradation of the International Legal Order? The Rehabilitation of Law and the Possibility of Politics (Glasshouse, 2008)

Boyle & Chinkin, The Making of International Law (OUP, 2007)

Buss & Manji, International Law Modern Feminist Approaches (Hart, 2005)

Byers, The Role of Law in International Politics (OUP, 2001)

Byers & Nolte (eds), United States Hegemony and the Foundations of International Law (CUP, 2003)

Cassese, International Law (Oxford, 2005)

Cassese, Realizing Utopia: The Future of International Law (Oxford, 2012)

Charlesworth & Chinkin, The Boundaries of International Law: A feminist analysis (Manchester University Press, 2000)

Evans (ed), International law (Oxford, 2010)

Franck, Fairness in International Law and Institutions (Oxford, 1997)

Goodwin-Gill & Talmon, The Reality of International Law (Oxford, 1999)

Higgins, Problems and Process International Law and How We Use It (Clarendon Press, 1996)

Knop, Diversity and Self-Determination in International Law (CUP, 2002)

Koskenniemi, From Apology to Utopia The Structure of International Legal Argument (CUP, 2005)

Marks, The riddle of all constitutions: international law, democracy and the critique of ideology (OUP, 2000)

Orford, International Law and its Others (CUP, 2006)

Rajagopal, International Law from Below: Development, Social Movements and Third World Resistance (CUP, 2003)
Simpson, Great Powers and OutlawStates: Unequal Sovereigns in the International Legal Order (Cambridge, 2004)

EUROPEAN UNION CONSTITUTIONAL AND INSTITUTIONAL LAW

Module Convenor: Mr Martin Hedemann-Robinson

Autumn Term

Module Code:LW815

This module focuses on the foundational rules, principles and doctrines underpinning the constitutional and institutional legal framework of the European Union. Against the backdrop of financial turbulence within the Eurozone and the recent structural reforms to the Union introduced by the 2007 Lisbon Treaty, this core area of EU law has gained heightened political and legal significance in the context of on-going debates on the nature and extent of European legal integration.

The following specific topics will be considered in this module: the respective roles, competencies and powers of the EU’s main political and judicial institutions; foundational legal principles underpinning the EU’s legal framework including direct effect and supremacy of Union law; the relationship between the EU’s Court of Justice and national courts of the Member States; enforcement mechanisms of EU law; human rights in EU law; EU Citizenship; and legal aspects of the external relations aspects of the Union. In addition, at the end of the module students will have an opportunity to take stock and appraise the ‘constitutional’ nature and impact of the Union.

Core text

R Schütze, European Constitutional Law (CUP, 2012)

D Chalmers, G Davies and G Monti, European Union Law (3rded, CUP, 2014)

P Craig/G De Burca, EU Law: Text, Cases and Materials (5th ed, OUP, 2011)

General reading

A Von Bogdandy, J Bast, Principles of European Constitutional Law (Hart, 2009)

P Craig/ G De Burca, The Evolution of EU Law(2nd ed, OUP, 2011)

A Dashwood, M Dougan, B Rodger, E Spaventa, D Wyatt, Wyatt and Dashwood’s European Union Law(6th ed, Hart, 2011)

T Hartley, The Foundations of European Union Law (7th ed, OUP, 2010)

K Lenaerts et al, Constitutional Law of the EU (Sweet & Maxwell, 2010)

A Rosas/L Young, An Introduction to EU Constitutional Law (Hart, 2010)

J Weiler, The Constitution of Europe (CUP, 1999)

T Hartley, Constitutional Problems of the European Union (1999)

K Lenaerts & P Van Nuffel, R Bray (eds), Constitutional Law of the European Union (Sweet & Maxwell, 2005)

J Weiler & M Wind (eds), European Constitutionalism Beyond the State (CUP, 2003)

ENVIRONMENTAL QUALITY LAW

Module Convenor: Professor William Howarth

Autumn Term

Module Code:LW839

This module provides an introduction to the law on environmental quality and a preface to regulatory themes that are pursued in other modules. In common language, the module is about the law relating to ‘pollution’, but, as will be seen, this is a concept that is quite difficult to define with the precision that is needed as a basis for legal rights and duties. ‘Environmental quality’ is a broader term, encompassing issues as to the degree of contamination that is considered acceptable in relation to the three environmental media of water, air and land. Broadly, the module is organised around the progression of approaches that law has taken towards the regulation of those activities that have been identified as most damaging to the environmental media. Although, this involves careful examination and evaluation of national laws relating to pollution control, attention is increasingly focused upon regulatory requirements drawn from European Union and international law. The module seeks to assess different models and strategies for environmental quality regulation against broader objectives for the environment in reflecting upon what it is that is to be regulated, and why, and whether actual approaches to regulation are the best way of achieving this.