International Commercial and Corporate Law LLM

The dissertation module allows and supports extended independent, scholarly research of a topic chosen by you within the field of international commercial and corporate law. While primarily based on independent study, the module incorporates seminars introducing students to research methods and supporting you in the development of an appropriate and feasible research proposal. The research topic must be agreed between you and the supervisor and must not replicate research covered in other assessments for the award of the degree.

This module enables you to analyse the key principles for the application of international commercial law, and the context within which it operates. You will develop your understanding of the legal rules affecting the international sale of goods contract, and high-level research skills in this subject and its related fields.

This module enables you to critically analyse principles essential to the application of international corporate law. It will identify the ideas and concepts that underpin the theoretical framework of the specialist area of corporate law, which includes the areas of company law, finance, market regulation, competition law, and mergers and acquisitions. By focusing on domestic, European and International jurisdictions, the module will stress comparative perspectives whilst evaluating the fundamental knowledge base.

This module relates to a multidisciplinary field of study; it will enable you to evaluate and critically analyse the norms, policies and processes governing business and human rights through a series of case studies from a business and legal perspective. Since the early 1980s, there has been a recognition of the expectation that businesses will respect human rights wherever they operate. However, “governance gaps” have been identified, which have called for a global norm of expected conduct, under the UN Guiding Principles on Business and Human Rights (UNGPs). The module will study the UNGPs through their three normative pillars: (1) the state duty to protect against human rights abuses, (2) the corporate responsibility to respect human rights, and (3) the access to effective remedy for victims. Ten years after the unanimous endorsement of the UNGPs, challenges persist, which the module will explore. You will be able to discuss and consider the human rights risks linked to trade and foreign investments and the relationship between environmental damage caused by business activities and human rights in their national and extra-territorial dimensions. The module seeks to expose you to a variety of issues from a range of perspectives in various sectors through the use of governmental, non-governmental and corporate materials.

You will explore the contractual and legal relationships of persons involved in a carriage of goods arrangement. This module covers the international carriage of goods by sea, air, road and rail, with sea carriage as the main focus. The module deals with the two principal forms of contracts used for the carriage of goods by sea, the charter party, and the contract of affreightment. The emphasis of the module is to examine legal principles against the backdrop of current shipping practice and documentation.

The module explores the nature of comparative arbitration in the commercial context, comparing the procedural arbitration laws of a variety of legal systems. In doing so, students acquire a strong, practical knowledge of the alternative seats of arbitration in the major arbitration centres and the availability of a number of international arbitration institutions. The module also examines matters such as drafting arbitration agreements, professional organisations and professional conduct rules, and the recognition and enforcement of Awards.

The module explores the nature of direct investments by foreign investors in host States, including: the disputes arising from the taking of foreigners’ investments by host States’ governments; the resolution of disputes by investment arbitration tribunals; the application of customary international law; and the governing procedural rules and laws.

You will develop your knowledge of intellectual property law, combined with an appreciation of how modern intellectual property rights (IPR) operate in the international online environment. The module analyses commercial property rights in an international context, with a particular focus on challenges to IP in the new online environment. Topics covered include copyright and fair use, trademarks and domain names, patents and design rights, and confidentiality rights.

The aim of this module is to provide a postgraduate introduction to the study of international banking law. This module provides you with a deep understanding of how banks are regulated, especially in a European and international context. The first part of the module is focused on markets and the second on banking transactions. The module covers the operation of financial markets, banking and financial services regulation, payment systems, lending, financing and security. You'll also be exposed to how the law regulates the bank-customer relationship and banking instruments.

This module explores the nature of municipal (ie national) commercial arbitration in the transnational domain (international commercial arbitration), with specific focus on the jurisdiction of England and Wales. The exploration covers the whole range of issues from the drafting of arbitration agreements to the successful execution of Awards against unsuccessful respondent parties, and includes examination of topics such as ad hoc and institutional arbitration proceedings, challenges to Awards, recognition and enforcement of Awards (including foreign Awards), and international legal instruments relevant to international commercial arbitration.

The module explores the nature of (mainly) corporate taxation in the contexts of competition between States and taxpayers seeking to avoid or evade liability to taxation, and competition amongst States for the tax revenue which might be collected from taxpayers. Within this exploration there will be examination of customary international law, procedural and substantive municipal laws, the taxing jurisdictions of States, the use of tax planning techniques such as ‘tax havens’, and the anti-avoidance and anti-evasion approaches of States and their international organisations such as the Organisation for Economic Cooperation and Development.

This module will give you the opportunity to evaluate and critically examine the law governing the international sale contract. You will be introduced to the intricacies of international sale transactions, especially the content of the contract of international sale, the use of standard trade terms (such as the INCOTERMS 2010), and the rights and remedies available to sellers and buyers. You will also examine the role of documentation in international sales, and will have the chance to discuss the role of the Vienna Convention on the international sale of goods.

The nature of incorporation. International and national consequences of incorporation and non-incorporation of businesses. The role and effect of multinational enterprises in cross-border trade and investment. Property and risk issues. The power balance between multinationals and sovereign states. International and municipal approaches to control and regulation of multinationals. Accountability of personnel of multinationals. Provision of an overview of the law relating to incorporation and non-incorporation.

This module examines emerging modes of normativity at the intersection of law and blockchain technology. Environmental and political crises paired with the disruptive power of blockchain technology (and the potential of web3.0 more generally) opened a new frontier of governance. This frontier is characterised by a move away from centralised structures towards decentralised networks, and from traditional public institutions to a proliferation of private actors. Consequently, it necessitates a re-evaluation of the interplay between market forces and state authority, giving rise to novel hybrid models and alternative approaches.

Throughout this module, we will meticulously examine these global and local developments, delving into concepts such as network states, the emergence of startup cities, the intricacies of jurisdictional design, innovative ReFi (regenerative finance) models, the functioning of DAOs (decentralised autonomous organisations), the emergence of blockchain-based climate commons, and the dynamics within metaverse communities. Additionally, we will critically analyse the economic, political, and societal motivations underpinning these emerging normativities, providing insight into the forces shaping their trajectory.

Cross-border data transfers are vital for all sectors, driving innovation in technologies such as AI. However, the widespread exchange of data has raised concerns, leading to a decline in trust among citizens, businesses, and governments. This module explores the landscape of policies and regulations concerning cross-border data flows and the challenges related to data privacy protection, law enforcement, and digital industrial policies. Additionally, it examines the interests and policies informing data innovation and their role in fostering trust in cross-border data sharing.

This module explores the concepts, theories and legal issues underpinning the process of mediation, the evolution of the concepts and practice of mediation, and the contexts in which mediation is effective.  The module also provides the opportunity to acquire some of the skills of mediation by offering experience of, and assessment of a practical mediation process.

Through the study of this module, you will attain an in-depth understanding of legal and regulatory tools utilised to combat financial crimes within and beyond the UK. The module examines the practices of combatting contemporary financial crimes, the actors involved, the role of gatekeepers and regulators. You will be introduced to comparative methods in dealing with complex problems affecting multinational corporations, governments, non-government institutions and actors in financial markets, commercial and trade environments. Specific mention is made of corruption and its effects, as well as the opportunities for evasion of tax and money laundering prohibitions offered by cryptocurrencies.

The module explores the nature, function, and practice of negotiation and the several theories of the process in relation to conflict and dispute prevention and resolution in the many contexts in which negotiation is essential or ideal.  The module investigates the whole range of approaches, styles, and stages in negotiation, starting with the preparation stage and ending with the performance stage and successful outcome or, in the alternative, unsuccessful outcome.